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UNIVERSITY

OF PITTSBURGH

LIBRARY

UNIVERSITY
PITTSBURGH

Dar.Rm.

K^ 1868
^Mv^ A21
v.l

THIS BOOK PRESENTED BY

Francis Newton Thorpe

Digitized by tine Internet Arciiive

in 2009 witii funding from

University of Pittsburgii Library System

littp://www.archive.org/details/journalofreconst11texa

JOUKN'^L

OF THE

( COIYENTIO^l,

WHICH MET AT

AUSTIN, TEXxVS, JUNE 1, A. D., 1868. .

€^

AUSTIN, TEXAS :

TRACy, SIEMERING & CO., Printers,

1870.

JOTJRIsr^L

OF THE

RECOXSTRUCTIOI^ CONYENTIO]^,

STATE OF TEXAS.

CAPITOL, AUSTIN, TEXAS,

Monday, June 1, 1868.

At 3:30 o'clock, the Reconstruction Convention of the State of
Texas was called to order by electing Mr. T. W. Whitmore, of
Smith county, temporary Chairman ; and Mr. J. P. Newcomb, of
Bexar, temporary Secretary.

Mr. A. J. Hamilton, of Travis, moved that the Convention go
into an election for permanent officers of the Convention.

Mr. M. C. Hamilton, of Bastrop, suggested that it would be right
and proper to inform the Commanding (jieneral of the presence and
temporary organization of the Convention, before proceeding fur-
ther.

Discussed, but no action taken upon the suggestion.

Roll called, seventy-eight delegates answering.

Mr. A. J. Hamilton, of Travis, insisted upon his previous mo-
tion, which Avas put to the House and carried.

Mr. M. C. Hamilton, of Bastrop, put in nomination for the posi-
tion of President of the Convention, Mr. E. J. Davis, of Nueces
county.

Mr. A. J. Hamilton, of Travis county, put in nomination Mr. C.
Caldwell, of Bowie county.

The vote was taken by bollot, the Chair appointing Mr. E. De-
gener, Mr. A. J. Evans and Mr. N. V. Board as tellers.

Result on first ballot :

Davis forty -three ; Caldwell thirty-three ; Scattering three.

General E. J. Duvis having received a majority of all the votes
cast, was declared by the Chair elected President of the Reconstruc-
tion Convention.

The Chair appointed Messrs. Caldwell, Hamilton, of Bastrop; and
Monroe, as a committee to conduct the President elect to the Chair.

4 RECONSTRUCTION CONVENTION JOURNAL,

[Jpon taking his seat President Davis thanked the Convention
for the honor conferred upon him.

The election of Secretary being next in order, a motion to vote
viva voce was lost.

Mr. Degener nominated G. W. Paschal, jr. ; Mr. Whitniore
nominated W. V. Taiistall ; and Mr. Hunt nominated J. B. Cassi-
Cxy ; for Secretary of the Convention.

The President appointed Messrs. E. Degener, S. M. Johnson, of
Jackson ; and Talbot, tellers.

Result on first ballot :

Tunsiall forty-three ; Paschal thirty-one ; Cassidy four ; Blank
two.

Mr. Tanstall having received a majority of all the votes cast, was
duly elested permanent Secretary of the Convention.

Motion to adjourn until to-morrow morning at 8 o'clock.

Cai-ried.

CAPITOL, AUSTIN, TEXAS
June 2, 1868.

Convention met pursuant to adjournment. Journal of yesterday
read and adopted.

The President announced that the business first in order was the
election of First Assistant Secretary.

Mr. Whitmore put in nomination Mr. Houston Terrill.

Mr. Flanagan nominated Mr. N. W. Hunter.

Mr. M. C. Hamilton nominated Mr. A. J. Bennett.

Mr. Smith nominated Mr. J. J. Hamilton.

On telling the ballot it appeared Mr. Bennett received forty-
seven votes ; Mr. Terrill ten votes ; Mr. Hunter ten votes ; and
Mr. Hamilton eight votes.

Mr. Bujunett having received a majority of all the votes cast, was
declareil duly elected First Assistant Secretary.

Mr. Newcomb moved tliat the Convention proceed at once to the
election of a Second Assistant Secretary, Scrgeant-at-Arms, Assist-
ant Sergeant-at-Arms, Second Assistant Sergeant-at-Arms, Door-
keeper and two Assistants ; Engrossing and Enrolling Clerks.

Carried.

^rhe Piesident appointed Messrs. Vaughan, Hunt and McCor-
mick, tellers.

For Second Assistant Secretary, Mr. Smith nominated Mr. J. J.
Hamilton.

Mr. Burnett nominated Mr. H. G. McDaniel.

RECONSTRUCTIOX CONVENTION JOURNAL. 5

Mr. Ruby nominated 'Mr. H. B. Taylor.

Mr. Eutler nominated Mr. A. B. Coggsall.

Mr. Glenn nominated Mr. N. W. Hunter.

On counting the ballot it appeared that Mr. Taylor had received
thirty-seven votes ; Mr. J. J. Hamilton received ten votes : Mr.
McDaniel received eleven votes ; Mr. Coggsall received seven votes ;
N. W. Hunter received twelve votes.

There being no election the Convention proceeded to a second
ballot.

On the second ballot Mr. Taylor received forty-five votes ; Mr.
Hamilton received nine votes ; Tilr. McDaniel received eight votes ;
Mr. Coggsall received four votes ; and Mr. Hunter received thii teen
votes.

^Ir. Taylor having received a majority of all the votes cast, was
dech'.rcd duly elected Second Assistant Secretary.

The election of 8ergeant-at-Arms being next in order, Mr. Pat-
ton nominated 'Mv. Thomas Ford.

Mr. Ruby nominated INIr. E. Wilkinson.

Mr. Constant nominated Mr. W. H. Graham.

Mr. Hunt nomiinated Mr. J. Read,

Mr. Vaughan nominated Mr. S. E. ]\IcFarland.

Mr. Talbot nominated Mr. W. C. Talbot.

Mr. Slaughter nominated Mr. W. Hammitt.

Mr. McCormick offered the following resolution:

liesolved, That the Convention proceed to the selection of two
^lessengers.

Mr. Lindsay moved to amend by adding two Porters.

Resolution and amendment withdrawn by consent.

On the first ballot for Sergeant-at-Arms, Mr. Ford received
seventeen votes ; Mr. Wilkinson received fift?en votes ; Mr. Graham
received twenty-nine votes ; Yiv. Read received five votes ; Mr. Mc-
Farland received three votes ; Mr. Routledge received five votes ;
Mr. Hammitt received five votes; and Tilr. Armstrong one vote.

There being no election the Convention proceeded to a second
ballot.

On the second ba,llot Mr. Ford received twenty votes ; Mr. Wil-
kinson received eighteen votes ; IMr. Graham thirty-seven votes ;
Mr. Read two votes ; Mr. McFarland one vote ; Mr. Routledge one
vote ; and ]Mr. Ham.mitt one vote.

There being no election the Convention proceeded to a third bal-
lot.

Mr. Degener moved that the President appoint five Messengers
to receive the ballot.
■ Mr. Lindsey moved to amend by including two Porters.

6 RECONSTRUCTION COXVENTION JOURNAL.

Motion moved out of order under the present rule.

On the thh-d ballot, Mr. Ford received twentj-six votes ; Mr.
Wilkinson received five votes ; Mi\ Graham forty-five votes ; Mr.
Rautledge two votes ; and Mr. Hammitt one vote.

Mr. (jraliani having received the majority of all the votes cast,
was declared duly elected Sergeant-at-Arms of the Convention.

Mr. Degener moved that the President appoint five Messengers
and two Porters.

Carried.

The President appointed Messrs. J. J. Hamilton, S. Hardwell,
Washington Norton, James Haynes and Hobert SchiefFer, as Mes-
sengers, and Joshua Johuson and E. S. Wilkinson as Porters.

Nominations for Assistant Sergeant-at-Arms being next in order,

Mr. M. C. Hamilton nominated Mr. H. Willis.

Mr. Smith nominated Mr. S. McKee.

Mr. Flanagan nominated Mr. J. K. Williams.

Mr. A. J. Hamiltoii nominated Mr. H. B. Ticliworth.

On telling the ballot it aj^peared Mr. Willis received twenty-^ix
votes ; Mr. McKee received thn-ty votes ; Mr. Williams received
twenty-eight votes.

Tiiere being no election the Convention proceeded to a second
ballot.

On the second ballot Mr. Willis received twenty-tliree votes ; Mr.
McKee received twenty-eight votes ; ajid Mr. Williams received
twenty-five votes.

There being no election the Convention proceeded to a third
ballot.

On the third ballot Mr. Willis received twenty-four votes ; Mr.
Mc l\ ee recei ved twen ty-six votes: and Mr. Williams twenty nine votes

Mr. Thomas offered the following resolution :

Re.tolved, Tliat hereafter in all ele-tions the candidate receiving
the plurality of tlie vote cast be elected.

Carried.

There being no election the Convention proceeded to a fourth
ballot.

On the fourth ])allot Mr. Willis received twenty-four votes ; Mr.
McKee received twenty-five votes ; and Mr. Williams received
twenty-eight vote^.

Mr. Williams having I'eceived a plurality of the vote of the Con-
vention, was declared duly elected Assistant Sergeant-at-Arms of
the Cijnvention.

Nominations Ijcing in order for second Assistant Sergeant-at-
Arms,

Mr. Ruby nominate'd Mr. E. S. Wilkinsoa.

RECONSTRUCTION CONVENTION JOURNAL. 7

Mr. M. C. Hamilton nominated Mr. H. Willis.

Mr. R. K. Smith nominated Mr. S. McKee.

On telling the ballot it appeared that Mr. Vv'^ilkinson received ten
votes ; Mr. Willis thirtj-one votes ; and Mr. McKee thirty-one
votes.

There 1*eing no election the Convention proceeded to a second
hallot.

On the second ballot Mr. Wilkinson received one vote ; ]\Ir. Wil-
lis thirty-eight votes; and Mr. McKee thirtj-three votes.

Mr. Willis having received a plurality vote, was duly announced
elected second Assistant Sergeant.at-Arms.

On motion of Mr. Wright, the Convention adjourned until 3:30
o'clock.

Carried.

HALF-PAST THREE O'CLOCli:.

Pursuant to adjournment Convention met. Roll called. Quo-
rum present.

Nominations for Door-keeper being first in order,

Mr. Fayle nominated Mr. McKee.

Mr. Newcomb nominated Mr. W Preece.

Mr. Parnell nominated Mr. J. Mangum.

Mr. Patton nominated Mr, J. Welch.

Mr. M. C. Hamilton nominated Mr. L. Greene.

Mr. Summer nominated J. A. Asbury.

Mr. Lippard nominated Mr. M. Hinds.

On telling the ballot it appeared Mr. Preece had received forty-
two votes ; Mr. Mangam received three votes ; Mr. Welch received
eight votes ; Mr. Green received four votes ; Mr. Asbury nine votes ;
Mr. Hinds four votes ; Mr. McKee five votes.

Mr. Preece receiving the plurality of the vote of the Convention,
was duly elected Door-keeper.

Nominations being in order for Assistant Door-keeper,

Mr. A. J. Hamilton nominated Mr. S. McKee.

Mr. Caldwell nominated Mr. L. Chambers.

Mr. M. C. Hamilton nominated Mr. H. Madison.

Mr. Scott nominated Mr. J. L. Nicholas.

On telling the ballot Mr. McKee received sixty votes ; Mr. L.
Chambers one vote ; Mr. H. Madison six votes ; Mr. J. L. Nichols
seven votes ; and Mr. L. Green one vote.

Mr. McKee having received a plurality of votes, was declared
duly elected Assistant Door-keeper.

8 RECONSTRUCTION CONVENTION JOURNAL.

Nominations for second Assistant Door-keeper being in order,

Mr. Patron nominated Mr. S. E. McFarland.

Mr. Williams nominated Mr. L. Green.

Mr. Stockbridge nominated Mr. J. Welch.

Mr. Smith nominated Mr. L. Chambers.

Mr. Lippard nominated Mv. M. Hinds.

Mr. Bellinger nominated Mr. H. Madison.

On telling the ballot Mr. McFarland received seven votes ; Mr.
Green received seventeen votes ; Mr. Welch received fifteen votes ;
Mr. Chambers received seventeen votes ; Mr. Hinds received twelve
votes ; Mr. Madison received six votes ; Mr. Jones one vote ; and
Mr. Williams one vote.

Mr. Wright moved that the office of Assistant Door-keeper be
dispensed with.

The jeas and nays being ordered, stood thus :

Yeas — Adams, Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Brown, Brjant of Grajson, Bryant of Harris, Buf-
fington, Burnett, Caldwell, Carter, Cole, Constant, Curtis, Degener,
Dovfning, Evans of McLennan, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, Gaston, Gray, Grigsby, Hamilton of Bastrop,
Hamilton of Travis, Harn, Hunt, Johnson of Jackson, Kealy, Ken-
dal, Keuchler, Kirk, Lippard, Mackey, McCormick, Mc Washington,
Mills, Morse, MuUins, Mundine, Munroe, Newcomb, Oaks, Fatten,
Phillips of San Augustine, Phillips of Wharton, Posey, Rogers,
Schultze, Scott, Slaughter, Sorrel, Stockbridge, Sumner, Talbot,
Thomas, Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson
of Brazoria, Wilson of Milam, Wright — 63.

Nays — Bellinger, Butler, Coleman, Davis, Johnson of Elarrison,
Lindsay, Long, Ruby, Smith of Galveston, Smith of Marion — 10.

Carried.

My. Evans, of McLennan, olTered the following resolution :

Resolved, That so much of the resolution this day passed as re^
lates to the election of Engrossing and Enrolling Clerks be re-con-
sidered.

Lost.

Nominations for Engrossing Clerk being then in order,

Mr. Monroe nominated Mr. George Armsti'ong.

Mr. Pliillii)S nominated Mr. Robert McFsuland.

Mr. Smith nominated Mr. J. J. Hamilton.

On telling the ballot it appeared Mr. liamilton received six votes ;
Mr. McFarland received twenty-seven votes ; and Mr. Armstrong-
received forty-four votes.

Mr. Armstrong having received a plurality of the votes cast, was
declared duly elected Engrossing Clerk.

RECONSTRTCTION CONVENTION JOURNAL. V

Nominations for Enrolling Clerk being next in order,

]\Ir. Harn nominated Mr. J. M. Buffington. .

Mr. Ruby nominated Mr. Max Mobius.

Mr. Smith nominated Mr. J. 11. Morris.

Mr. Slaughter nominated Mr. Terrill.

On telling the ballot it appeared that Mr. Buffington received
tweiitj-one votes ; Mr. Mobius received forty-five votes; Mr.TMorris
received ten votes ; Mr. Terrill received three votes.

Ml-. Mobius having received a plurality of the votes cast, was
declared duly elected.

Mr. A. J. Hamilton, of Travis, offered the following resolution :

Resolved, That the President appoint a committee of five to wait
upon jNIajor-Gcn. Reynolds and Governor E. M. Pease, and inform
them that the Convention is now organized, and are ready to receive
from them, or either of them, any communication which they, or
either of them, may think proper to make.

Adopted.

The President then appointed the following Committee to wait on
Major- Gen. Reynolds and Governor E. M. Pease :

Mr. A. J. Hamilton, of Travis, Mr. J. E. Flanagan, Mr. A. J.
Evans, of McLennan, and jNIr. Wm. Varnell.

Mr. L. Lindsay offered the following resolution :

Resoh'ed, That this Convention, in conformity with the usages of
the Nation and of the American States, proceed to the election of a
Chaplain, to open the sessions of this body with prayer.

Adopted.

Nominations for Chaplain being next in order,

Mr. A. J. Hamilton, of Travis, nominated Rev. Mr. Renick.

Mr. M. C. Hamilton, of Bastrop, nommated Rev. Mr. Fontaine.

Mr. McCormick nominated Rev. Mr. Edwards.

On telling the ballot it appeared that Rev. Mr. Renick received
forty-one votes ; Rev. Mr. Fontaine received seventeen votes ; Rev.
]Mr. Edwards received thii'teen votes ; Mr. Shelly received one vote.

Rev. Mr. Renick having received a plui-ality of the votes cast,
was declared duly elected Cha])lain of the Convention.

Mr. Armstrong, of Lamar, offered the following resolution :

Resolved, That the rules adopted by the Convention of 1866 be
adojitod by this Convention for its government ; and that ninety
copi;'s of said rules be ordered to be printed for the use of this Con-
vention.

Mr. Evans, of McLennan, offered the follovring amendment :

Resolved, that the President appoint three members of this body
to report rules for its government, and to report said rules in the
mornins.

10 RECONSTRUCTION CONVENTION JOURNAL.

Resolution as amended was adopted.

The President appointed Messrs. Evans, Armstrong of Lamar,
and Lindsej, as Connnitteo on Rules.

On motion of Mr. Sumuer, of Grajson, the Convention adjourned
till 10 o'clock to-morrow mornino-.

CAPITOL, AUSTIN, TEXAS,
June 3, 1868.

The Convention met, pursuant to adjourament.

Roll called. Quorum present. Prayer by Chaplain. Journal
of yesterday read, amended and adopted.

Mr. Patton offered the follo'ving resolution:

Resolced, That the Sergeant-at-ArmS forthwith arrange the desks
and seats in this hall, and with the Secretary, number the same,
and have them drawn for by the members.

Mr. Armstrong, of Lamar, offered the following substitute :

liesolved, That the seats in the Convention be numbered and
drawn for, under the direction of the President, at 11 o'clock to-
day.

The substitute was adopted.

Mr. Hamilton, of Travis, chairman of a special committee
appointed to wait upon Major-General Reynolds and Governor E.
M. Pease, and inform them that the Convention had completed its
organization and would be pleased to receive from them, or either of
them, any communication they might think proper to report to the
Convention, that the duty assigned the committee had been per-
formed.

Ml'. Evans, of McLennan, offered the following resolution :

Mesolvcd, That the rules and regulations of the House of Repre-
sentatives of Texas being substantially the same, the organization of
the State government in 1845, as far as is possible, be accepted as
rule for the government of this Convention, until the Committee on
Rules and Regulations can report.

Adopted.

At the request of the committee appointed to report rules for the
government of the Convention, tlie time for making said report was
extended until to-morrow morning.

Mr. Caldwell (offered the following re-^olution :

J.'f.'solved, That the P)-e.si(lent appoint a committee of three to
confer with and iiupiire into the propriety of securing the services of
a reporter, to report the proceedings and debates of the Convention.

Adopted.

RECONSTRUCTION CONVENTION JOURNAL. 11

The Pi-esideiit iippointcJ Mr. Caldwell, Mr. Varnell, and Mr.
Fayle.

Mr. Caldwell moved to add to the committee Mr. Newcomb, of
Bexar, and Mr. Thonia.-^, of Collin.

Carried.

Mr. Ruby introduced the following resolution :

jResolced, That the following select conunittees, to consist of five
meral)ers each, be appointed for the purpose of having submitted to
them respectively the following subjects for the consideration of the
Convention :

First — The subject of Legislation.

Second — Th.3 subject of the Judiciary.

Third — The subject of the Executive Department.

Fourth — The subject of Election and Suffiage.

Fifrh — The subject of a Bill of Rights.

Sixth — The subje.-t of corporations and privileges.

Seventh— The subject of Sjieace, of Leai-ning, Education and
Science.

Eighth — The subject of the Militia.

Ninth — The subject of Public Highways, by land and water.

Tenth — The su1)ject of Internal Improvements.

Elevenlli — The subject of Constitutional Amendments.

Mr. Burnett odered the following substitute:

Resolvei, That the President of this Convention appoint the fol-
lowing standing committees, to wit :

Fiist — On tiie Condition of the State.

Second — On the Executive Department.

Third — On the Legi dative Department.

Fourth — On the Judiciaiy.

Fifth — On the General Provisions of the Constitution.

Sixth — On Franchise.

Seventh — On Education.

Eighth — On Finance.

Ninth — On Immigration and Internal Improvements.

Tenth — On Privileges and Elections.

Eleventh — On Printing and Coniingent Expenses.

Twelfth — On Enrolled and Engrossed Ordinances.
Said committees to be composed of nine members each, except the
Committee on Printing and Contingent Expenses, whicli shall be
composed of five members.

Mr. Lindsey moved to lay the resolution and substitute on the
table until the Committee oa Rules had reported.

Carried.

The hour liavino; arrived for the distribution of seats, the members

12 RECONSTRUCTION CONVENTION JOURNAL,

of the Convention proceeded to draw for them, under the direction
of the President.

The President announced the reception of a message from his
Excellency E. M. Pease, accompanied bj a communication request-
ing that his private secretary, Mr. McRea, be permitted to read
said m.essage to the Convention.

The permJssion asked for was granted, and Mr. McRea read the
folio wiuo; message :

Gextlemex of the Convention :

I extend to you a cordial welcome to the Capitol, and assure you
that tlie officers of the Provisional Government are anxious to afibrd
you every fxcility for the discharge of the great duty lor which you
have been electi'd — of establishing a constitution and a civil govern-
ment for Texas, loyal to the Union.

The situation of the Provisional Government has been, and must
continue to be, one of extreme difficulty and em.bai rassment. This
was foreseen by me when I accepted my present position ; but I could
not decline it v/ithout seeming to be unwilling to aid in giving effect
to what are known as the reeonstiuction laws. I knew that my ap-
pointment was distastelul to a large majority of the people of Texas
who had participated in the rebellion, and Avho had heretoibre exer-
cised the political power of the State. . But the emancipation and
enfranchisement of our colored population had infused a nev/ ele-
ment into the body politic, who are liereafter to exeicise political
rights ; and I believed that this class, with the loyal whites, w"ould,
as the re.sult has shown, constitute a majority of the voting popula-
tion, and to whom, I had reason to believe, my appointment would
not be unacGOj:)tabie.

The powers vested in the officers of the Provisional Government
arc exercised in subordination to the Commander of. the Fitih ]\^ili-
tary l^istrict; and without his co-operation and assistance, all their
efforts to execute the laws and preserve the public peace can avail ])ut
little. I regret to say that, in some instances, this co-operation and
assistance have been withheld, and the acts of the provisional officers
have been misrepresented and their recom.mendations disregaided.
A knowledge of these facts has so emboldened and encouraged those
who arc disposed to disregard the laws that, in many instances,
sheiilfs have reported to this office that they were unable to obtain
tlie aid of citizens to make arrests, l)ecause they feared personal vio-
lence from the parties and their fi lends.

It is due to the present Commander of the Fifth Military District
that I should say, in this connection, that he has uianilestcd a uis-

RECONSTRUCTION CONVENTION JOURNAL. 13

po.^ition to enforce tlic laws, iuid I am Jiopcful of improvement in
this regard under his adminislr;ition.

*lt alfords nie })le:isurc to state tiiat the ofTiccrs who liave been in
conunand of the District of Texas liave i;t all times cordially sustained
my recommendations, and rendered every assistance in their power in
the execution of the laws; but their powers have been very limited.

It is not the part of wisdom to disguise from ourselves the true
situ.ition of all'iirs. Crime was never as prevalent in Texas as it is
at this time. Since the first of Decem^^er last, authentic information
has been received at this olfice of two hnndicd and six (200)
hoinicidcs, conmiitted in only sixty-seven (67) of the one hundred
and twenty-seven organized counties of the State, while but a small
number of the perpetrators have been arrested and punished by the
process of the law. This state of things has l)ecome so alai-ming
that the people, in several instances, have taken the law into their
own hauvis, and have executed the mu- derers without a trial — a pro-
ceeding Avliich is always dangeious and greatly to be reprobated.

Any great improvement in the prevention and punishm.ent of crime
must be the work of the people themselves. So long as they tolerate
the present violence and disorder and the failure to arrest and punish
disorders, affairs Avill continue to grow worse, and be a reproach to
the State. But when thay will it, the municipal officers of the State
will become efficient and vigilant in the discharge of their duties, life
and property and personal rights will be protected, and all our
material interests will prosper. The first step toward the attainment
of these desiral)le results is the re-establishment of civil government,
and the resumption of our relations with our sister States as a mem-
ber of the Union.

This can now be accomplished, if our citizens choose to comply
with the conditions prescribed by the laws of the United States,
under which your honorable body has been elected. Few persons
supposed, wdien hostilities had ceased by the surrender of the Con-
federate armies, that three years would elapse before the rebel States
would be fully restored to the Union. Yet three years have
elapsed ; and, from the temper manifested by the public press of the
State, we arc apparently no nearer the accomplishment of that object
than we were in May, 1865. The gi-eat majority of the white
})opulation of our State seem to have profited very little from their
past experience on this subject. They still reject with scorn the
mild terms offered them by the United States. While they complain
that any portion of their number should be disfranchised for par-
ticipation in the rebellion, they insist that loyal citizens shall not be
enfranchised, because said loyal citizens are of a different race and

14 RECONSTRUCTION COXYENTION JOURNAL.

color, althougli subjected to all the burdens that are imposed upon
other citizens for the support and defense of the government.

The laws referied to disfranchise onlj such a portion of our
citizens as the government of the United States considered necessary
to enable the residue to establish governments lojal to the Union and
in havmony with its present policy. No one supposes that this dis-
franchisemcJit will be extended any further than is necessary to
accomplish that object ; while provision will doubtless be made for
the removal of political disabilities as rapidly as the safety of the
government will permit. Many of those who now oppose the
enfranchisement of the colored race would gladly accept the terms
proposed by President Johnson in 1865, and the proposed amend-
ment to the Constitution of the United States, known as the Four-
teenth Article, which v/ere so contemptuously rejected. And it is
worthy of their serious consideration, whether they will not bring
upon themselves what they will deem much harder terms, if by their
continued opposition they shall succeed in defeating the present effort
to reconstruct the State.

It is not my province to make recommendations for your action ;
but I trust that it will not be considered improper for me to suggest
that, in the constitution you are about to form, it is expected —

That you will declare that the pretended act of secession and all
law^s that have been enacted in aid of the late rebellion, or repugnant
to the Constitution and laws of the United States, are and were null
and void from their inception ; and that you will at once repeal all
laws that make any discrimination against persons on account of
their color, race or previous condition ;

That you will provide for ascertaining and paying all debts that
were owing by tlie State at the commencement of the rebellion, and
prohibit the })ayment of any debts incurred in aid of the rebellion, or
for the support of the rebel government, during its progress;

That you will secure e(|ual civil and political riglits to every
inhabitiint of the State who has not forfeited those rights by par-
ticipation in the late rebellion, or by conviction for crime;

That you will temporarily disfranchise a number of those who
participated in the rebellion, sufficient to place the political power of
the State in the hands of those who are loyal to the United States
Government ;

That you Avill make a lilieral provision, by tax;ition upon pro-
perty, for the immediate establishment of Free Public Schools for
the education of every child in the State ;

That you will secure to every citizen of the State, who has not
heretofore received it. a reasonable amount of land out of the public
domain for a honicslcad :

RECONSTRUCTION CONVENTION JOURNAL, 15

That you will adopt efficient measures to encoura<^(! immigration
to our State from foreign (iouiitries, and to give aid and encourage-
ment to such Avorks of internal improvement us the necessities of our
people require.

All these measures are called for by the pu1)lic sentiment of our
loyal citizens, and are necessary, I think, to secure the future hap-
piness and prosj)erity of all.

'.riie division of I'exas into two or more States is a question that
has recently excited much discussion, and will doubtless be brought
belbre your honorable body. I do not think that the public inter-
ests would be advanced by the adoption of such a measure at the
present time. Our population does not probably exceed eight hun-
d]-ed thousand; and to subject them to the expenses of two or three
State governments, in their present impoverished condition, would
not only be a very great burden, but would greatly diminish their
ability to support a proper system of public education, and to give
aid and encouragement to the measures that are needed to develop
the wealth and resources of the State. If this measuie is insisted on,
it must inevitably delay our return to the Union ; for the acts of
Congress, under which the effort to reconstruct Texas is now boing
made, provide for the estal^lishment of only one State within our
territory. Should such a division hereafter be desired by our peo-
ple, it can be more readily inaugurated and carried out after we
shall have been restored to the Union, than it can be while we are
without a representative in Congress.

There is another measure to which I would respectfully invite
your attention ; and that is, the propriety of authorizing a negotia-
tion to be opened with the United States Government for a sale of
all that portion of our territory lying west of a line drawn from the
mouth of the Pecos river to the northwest corner of Hardeman
county. This would include no part of the State that has been laid
off into counties, except El Paso and Presidio counties, which are so
far separated from the other parts of the State by a large unin-
habited tract, that they cannot be properly accommodated with
courts without making them a separate judicial district, at an expense
greatly disproportiuned to the revenue derived from taxation on the
whole of the territory proposed to be sold. It is believed that the
inhabitants of those counties will be favoral)le to the measure. This
territory adjoins the territories set apart by the United States for
the Indians, and would be useful to them in carrying out their
Indian policy. It would be far more valuable to them than it can
ever be to this State ; and they will doubtless pay us a price for it
far greater than we can realize from it in any other way. If we
retain it, we shall probably fritter it away as we have the rest of our

16 RBCOXSTRUCTION CONVEXTION JOURNAL.

public domain, witliout securing any substantial benefit from it;
while, with the niOLiej we may obtain from such a disposition of it,
we shall at once be in possession of a fund that will enable us to do
something effective for education, internal improvement and immi-
gration, without subjecting ourselves to onerous taxation. Such a
sale -will still leave us sufficient tenitory to form three large States,
whenever our citizens shall desire a division of it.

The officers of the government at this place are prepared to furnish
your honoral)le body with such reports as will give you full and
accurate information in regard to the state of the treasury at the
commencement of the rebellion, during its progress, and at the
present time ; the condition of the School fijnd and the University
fund, and what amount of each was diverted to the support of the
reV)ellion ; the sales of Land Scrip that were made during the rebel-
lion, and all other information to l:>e found in the public records that
may be useful to you in the discharge of your duties.

The amount of money in the State treasury on the thirty-first of
May, 1868, applicable to the ordinary expenditures of the govern-
ment, is two hundred and three thousand, seventy-nine dollars and
sixty-nine cents (,^203,079 69) ; of which two hundred and two
thousand, eight hundred and eighty- four dolhirs. and thirty-five
cents ($'202,884: 35) are in United States currency, and one hun-
dred and ninety-five dollars and tliirty-four cents ($195 34) are in
specie. This is exclusive of the amount standing to the credit of
the School, University and other trust funds. It is believed that
tiiis money, v/ith that which will be received from time to time under
the present tax laws, will be sufficient to meet all the expenditures of
the government, and pay the expenses of your honorable body, unless
they should be greater than is anticipated, without the necessity of
imposing an additional tax upon our citizens, as contemplated by the
supplementary reconstruction law of the twenty-third of March,
1867. The Convention of 1866 was composed of the same number
of members as the present, and continued in session fifty-five days ;
and the entire expenses of that body were sixty-nine thousand nine
hundre<l and thirty-three dollars and fifty-nine cents ($69,933 59).
And it is estimated that ninety thousand dollars ($90,000) will be
sufficient to cover your expenditures. And I would respectfully sug-
ge-^t that the Convention at once pass an ordinance, as contemi)lated
by the said act of Congress of the twenty-third of March, 1867,
prescribing the fees, salaries and compensation to be paid to all
delegates, and other officers and agents that may be necessary to
cnaljle you to complete your labors, and appropriating the sum of
one hundred thousand dollars ($100,000), or so much thereof as
may be necessary, to pay the same ; and that you also pass a resolu-

RECONSTRUCTION CONVENTION JOURNAL. 17

tion requesting the Commanding General of the Fifth Military
District to approve your action in the premises. This course, I
learn, on consultation "with the Treasurer and Acting Comi)troller, is
desired by them for protection, and will be reconnuended to said
commander by myself and the officer in command of tlie District of
Texas.

We have reason to congratulate ourselves on prosperous seasons,
and the prospect of abundant cro})s. The freed people are doing
well, far better than their most ardent friends anticijjated under all
the circumstances by which they have been surrounded. The preju-
dice against them is gradually giving way to a better feeling.
Many of those who propiiesied ruin to the country from their eman-
cipiition are now compelled to admit that there is still some hope for
the future ; and when they shall have l^een secured in the enjoyment
of the same civil and political rights as the white race, and tiie ques-
tion finally set at rest, it will become a matter of surprise to many
that they ever opposed the measure, in a country where the institu-
tions are professedly based upon the principle that governments
derive their just powers from the consent of the governed.

I trust, gentlemen, that a spirit of harmony will mark all your
actions, and that you will be governed by a sincere desire to establish
such a form of government as shall secure equal and exact justice to
all. And I invoke upon your deliberations the blessings of that
Almighty Power that has so often and so signally interposed in our
behalf as a community in the hour of need.
Very respectfully,

Your obedient servant,

E. M. PEASE,

Gove}' nor of Texas..

Mr. Armstrong, of Lamar, offered the following resolution :

Resolved^ That the message of Governor Pease to this Conven-
tion be referred to the Committee on State Affairs, and that 5,000
copies of the same be printed for the use of the Convention.

Mr. Evans, of McLennan, offered the following resolution :

Resolved^ That the Committee on Printing have a tliousand
copies of the communication of Governor E. M. Pease, this day
made to the Convention, printed for the use of this Convention.

^h\ Schuetze offered the following amendment :

Resolved, That one thousand copies of Governor E. M. Pease's
message to the Convention be printed in the German language, and
one thousand copies in the Spanish language.

Mr. M. C. Hamilton, of Bastrop, offered to lay the whole on the
table until the committees were appointed.
2

18 RECOlSrSTRUCTION CONVENTION JOURNAL.

Carried. •

Mr. Burnett offered the following resolution :

Resolved, That the Secretary be, and he is hereby directed to
make the necessary arrangements to have the mail matter of the
members of this Convention conveyed to and brought from the
po3toffice, and properly distributed.

Adopted.

Mr. Ncwcomb, of Bexar, introduced the following resolution :

^V HEREAS, it has come to the knowledge of this Convention that
God, in His Divine Pi-ovidence, has seen fit to remove by death
from this world Judge George Klappenbach, a delegate elect to this
Convention : therefore, be it

Resolved, First, That we bow in submission and humility to the
decree of Divine Providence ;

Second, That although the deceased was denied the privilege of
convening Avith us, his virtues as a loyal citizen, his reputation as an
original Republican, and his devotion to the cause of loyal recon-
struction entitle him to be remembered with gratitude by the Eepub-
licans of Texas.

Third, That this Convention hereby expresses its sorrow for the
death of Judge Klappenbach, and deeply regret the fate which has
deprived us of a learned man and venerable patriot.

Fourth, That those resolutions be spread upon the minutes of the
Convention.

Adopted.

On motion the Convention adjourned till 10 o'clock to-morrow
morning.

CAPITOL, AUSTIN, TEXAS, ^
June 4, 1868. ^

The Convention met, pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read, amended and adopted.

Mr. Smith, of Galveston, moved to suspend the rules to offer the
following preamble and resolution :

VViiEKEAs, By the reconstruction acts of March 2, 1867, it is
provided " tliat no person excluded from the privilege of holding
office"' by the Fourteenth amendment proposed to the Constitution of
the United States, shall be eligible to election as a member to this
Convention ; therefore,

Resolved, That the President of this Convention invite the Gov-
pernor of the State to be present this morning and administer an oath

RECONSTRUCTION CONVENTION JOURNAL. 19

to each of the members elect of this Convention, in accordance Avith
the conditions of said reconstruction acts.
Convention refused to suspend rules.

Mr. Evans, of IMcClelkn, from the committee appointed to prepare
rules for the governance of the Convention, reported as follows :

The committee appointed by the President, under a resolution of
the Convention, to leport rules for its government during its delib-
erations, beg leave to submit that they have examined the rules
usu.illy adopted by the Legislatures of the State, and with the
modiiications which they have interpolated, to adapt them to the na-
ture and condition of the Convention as a delibeiative assembly, they
leconnnend their adoption as rules to govern this House. Embrac-
ing tlie changes suggested by the committee, they will be found in
the printed pamphlet herewith returned as a part of their report.
All of which is i espectfully submitted.

A. J. EVANS,
L. LIInDSEY,
M. L. ARMSTRONG.

Mr. Evans, of McLennan, introduced the following resolu-
tion :

Resolved, That the report of the Committee on Rules be post-
poned until 12 0 clock to-day.

Adopted.

Mr. C. Caldwell, from the committee appointed to inquire into
the importance and necessity of procuring the services of a reporter,
presented the following report :

Mr. President:

YoxxY committee appointed to inquire into the importance and
necessity of procuring the services of a reporter, have performed the
duty assigned to them, and submit the result of their deliberations.

Tiiey respectfully suggest, in accordance with the usage of
delibeiative bodies, engaged in the work of forming the organic law
for a State, that the Convention employ a reporter.

There are m.any obvious reasons why the debates should be per-
petuated, so as to form a part of the history of the very responsible
and arduous labors of tliis body.

In the opinion of your Conmiittee, a record thus faithfully made
will become useful and important in the true exposition of the various
provisions of the Constitution. Language is so dubious, and suscep-
tible of such various readings that the common experience of man-
kind has demonstrated that the contemporaneous sayings of those en-

20 KECONSTKUCTION COXVENTIOX JOtfRNAL.

gagocl in the work of legislation have thrown light upon the subjects
discussed and adopted.

Besides, the people of Texas and the whole country have a right
to know the motives and reasons by which members are actuated, as
far as pritcticable, in making a new constitution. It is due alike to
the Convention and the people. It is but a debt we owe posterity.
It is from sources like this that some future Bancroft, Gibbon, or
Prescott will be enabled to write a faithful history of the terrible-
times upon Avhich we have fallen.

Your conrmittee. have consulted with Mr. John Fo-rd, and find
him well qualified. He reported the debates of the Reconstruction
Convention of Mississippi. Specimens of the daily proceedings and
his manner having been exhibited to your committee, we are satis-
fied of his abilities.

Your committee therefore recommend that they be empowered to
employ Mr. John Ford at the rate of fifteen dollars per day.

Respectfully, etc.,

C. CALDWELL, Chairman.

Mr. Hamilton, of Travis^ moved the adoption of the report.

Carried.

Mr. Armstrong, of Laraar, offered the following resolution :

Resolced^ That the Commissioner of the Land Office be requested
to furnish this Convention information upon the following points,.
to wit : Tlie number of certificates, if any, and number of patents-,
if any, issued to the Memphis, El Paso and Pacific Railroad Com-
pany, the amount of land thus disposed of and to whom the certifi'
cates or patents were issued, when issued, and under what law.

Mr. Evans, of McLennan, mo^ved that the resolution be referred
to the Committee on Public Lands when appointed.

Ruled out of order.

Mr. Lippard introduced the following resolution :

Re^olred^ Tliat each m3rab3r of this Convention be required ta
take the following oath or affirmation :

I, A. B., do solemnly swear or affirm that I will support, protect
and defend the Constitution and laws of the United States.

Mr. Smith, of Galveston, moved to amend by inserting after the
words " United States," the following: " And that I have not taken
an oath as a member of Congi'css, or as an officer of the United
States, or as a member of any State Legislature, or as an Executive
Officer or Judicial Officer of any State, to support the Constitution
of the United States, and afterwards engaged in rebellion against
the Unit'd States, or given aid or comfort to the eueniics tliercof.

Amendment accepted.

HECONSTRUCTIOX CONVENTION JOURNAL. 21

Mr. Burnett offered the followinf; substitute :

He.'iolrcd. That the Chief" Justice of the State of Texas be re-
qirod to administer to the members of this Convention the oath re-
tjuiied by the act of Con^Lircss, known as the Reconstruction Acts.

JMr. Newcomb offered the following amendment to the substitute:

Kesolrcd, That the General Commanding be requested to desig-
nate an officer to administer the oath to the members of this Con-
vention.

Mr. Evans, of McLennan, moved to lay the whole matter on the
table.

The jeas and nays were demanded and resulted as follows :

Yeas — Adams, Armsti-ong of Jasper, Armstrong of Lamar, Board,
Bojd, Buffingtdn, Cole, Degener, Evans of McLennan, Flanagan,
Flanagan Webster, Fleming, Gaston, Glenn, Gray, Harris, Kuecli-
ler, Kirk. Mueklerojj Mullins, Patten, Scott, Sorrel, Thomas,
Varnell, Yarborough-- 28.

Nays — Bell, Bellinger. Bledsoe, Brown, BrjMiit of Grayson,
Bryant of Harris, Butler, Burnett, Caldwell, Carter, Coleman,
Constant, Curtis. Davis, Downing, Fayle, Foster, Goddin, Grigsby,
Hamilton of Bastrop, Llnmilton of Travis, Hunt, Johnson of Har-
rison, Joimson of Jackson, Jordan, Kealy, Kendal, Leil), Lindsay,
Lippard, Long, Mackey, McCormick, McWashington, Mills, Morse,
Mundine, Munroe, Newcomb, Oaks, Pedigo, Phillips of San Augus-
tine. Phillips of Wharton, Posey, Rogers, Ruby, Schuetze, Slaugh-
ter, Smith of Galveston, Smith of Marion, Stockbridge, Sumner,
Taloot. Vaughan. Watrous, Whitmore, Williams, AVilson of Bra-
zoiia, Wilson of Milam, Wright — 59.

Lt)st.

The question recurring on the amendment offered by Mv. New-
comb, Mr. Hamilton, of Bastrop, moved to lay the resolution on
the table.

Carried.

Mr. R. K. Smith moved to lay the substitute offered f>y ]Mr. Bur-
nett, upon the table.

Carried.

i\Ir. R K. Smith, of Galveston, moved the adoption of the ori-
ginal resolution as amended.

Mr. Mullins offeied the following substitute :

I. , do solemnly swear that I will support the Consti-
tution and laws of the United State-, and that I am a registered
voter of the State of Texas. So help me God.

Moved to lay the substitute upon the table.

Carried.

Mr. Thomas offered the following substitute ;

22 RECONSTRUCTION COXVEXTIOX JOURNAL..

Rejoiced, That the President of the Convention administer tc
ea,ch member the following oath :

I, , do solemnly swear that I will support, defend

and protect the Constitution of the United States, and that I am
not excluded from the privilege of holding office hj the proposed
Amendment to the Constitution of the United States, known as
Article 14.

Mr. Ruby moved to lay the substitute on the tible.

Carried.

The question recurring upon the passage of the original resolu-
tion as amended, offered by Mr. Lippard, Mr. Smith, of Galveston,
demanded the yeas and nays, which resulted as follows ; and the
resolution was adopted — Yeas 64. is ays 22.

Yeas — fVdams, Ai'mstrong of La,mar, Bell, Bellinger, Bledsoe,
Board, Bryant of Grayson, Bryant of Ilarri-s. BuiBagton, Butler,
Burnett, Caldwell, Carter, Cole, Coleman, Constant, Carter, Davis,.
Degener, Downing, Fayle, Foster, Grigsby, Hamilton of Bastrop,
Hamilton of Travis, Hmit, Johiison of Harris, Johnson of J ackson,
Jordan, Kealy, Kendal, Leib, Lindsay, Lippard, Long, Mackey,
McCormack, McWashington, Mills, Morse, Newcomb, Oaks, Pedi-
go, Phillips of San Augustine, Phillips of Wha}ton, Posey, Rogers,
Ruby, Schuetzs, Scott, Slaughter, Smith of Galveston, Smith of
Marion, Stockbridge, Sumner, Talbot. Vaughan, Watrous, Whit-
more, Williams, Wilson of Brazoria. Wilson of ^lilam, Wright — 64.

ISTays — Armstrong of Jasper, Boyd, Evans of McLennan, Flana-
gan, Flanagan W., Fleming, Gaston. Glenn, Goddin, Gray, Harris,
Kucchler, Kirk, Muckleroy, Mullins, MundinCy ^lunroe, Patten^
Sorrel, Talbot, Thomas, Varnell, Yarborougli — 22.

]\ii\ Newcomb otlered the following resolution :

Resolrecl, That this Convention request Major General Reynolds,.
Commander of the sub-district of Texas, to designate an officer to
administer the oath to the members of this Convention.

The hour Tiaving arrived for the consideration of the report of
tlie Committee on Rules,

}.Ir. Burnett oifered the following resolution :

lics-olrcd, Tiiatthe re|X)rt of the Comniiitec on Rules be received
and adojjted, and that tlie Rules prepared by said Committee for the-
goverrunout of this Convention be, and the same are hereby
.v.do)ited.

Mr. Ruby oTcred the following amendment :

Resolre I, That said ])rintjd rules presented by the Cor»imittec on
Riiles for the Convention, be read by the SL'cre:ary and adopted by
sections.

RECONSTRUCTION CONVENTION JOURNAL. 23

Mv. Armstrong, of Lamar, moved to lay the resolution on the
table.

Carried.

It was moved that the resolution presL^nted by Mr. Burnett be
adopted.

Oanicd.

JMr. Hamilton, of Travis, inti'oduced the following resolution, and
moved it be referred to the Couiraittee on Contingent Expen-;es :

Resolved., That the Secretary bo authorised to purchase for the
use of the members of this CoiiVention, and for die use of the State,
and future Legislatures, one hundroil and fifty copies of Paschal s
Aniiotated Constitution of the United States ; and that upon liia
certifica>te appended to the proper voucher, the Comptroller be
required to draw his warrant upon the Treasurer for the amount
necessary to cover the said purcljase ; provided, however, that not
more than ■- dollars per copy shall be paid therefor.

Ordered to be so referred.

On motion, the Convention adjourned until four o'clock^

FOUR o'clock, June 4, 186S.

Convention met pursuant to adjournment; roll called; quorum
present.

The President aniiounced the order of business was upon the
motion of Mr. Newcomb, asking the Commmding Officer of this
District to appoint a person to administer an oath to this Conven-
tion.

Mr. Smith, of Galveston, moved the previous question upon pas-
sage of resolution.

Mr. Butler, of Walker, ojered the following substitute :

Resolved, That a committee be appointed by the President to
examine credentials.

Ruled out of order.

I\lr. Degener offered the following substitute :

Resolved, That the members of tliis house take the required o.ith
before a Notary Public and hand the same to the President of the
Convention.

Mr. Wright moved to lay the substitute on the table.

Carried.

Mr. Mills, of El Paso, moved the resolution of Mr. Newcomb
be laid on the table.

Carried.

Mr. Burnett offered the following resolution;.

24 RECOXSTRrCTION COXVEXTIOX JOURXAL.

Resolved. That Hon. Amos Morrill, Chief Justice of the State
of Texas be, and he is hereby requested to administer to the mem-
bers of this Convention the oath adopted, and that the same be
simultaneouslj administered to all the members, standing.

Mr. jNlills moved to lay the resolution upon the table.

Carried.

Mr. Mills, of El Paso, offered the following resolution :

Resolved, That the Convention reconsider the vote uf this morn-
ing, requiring memV'ers to subscribe to a certain oath.

Mr. Smith, of Galveston, moved to lay the resolution on the
table. Vihereupon the yeas and nays were called for and resulted as
follows :

Yeas — Eell. Bryant of Harris, Butler, Burnett, Carter, Fayle,
Foster, Goddin, Hamilton of Bastrop, Hunt, Kealy, Kendal, Kuech-
ler, Lippard, Long, I\Iackey, Newcomb, Oaks, Phillips of San
Augustine. Ruby, Schuetze, Smith of Galveston, Smith of Marion,
Wilson of Milam — 22.

Nays — Adams, Armstrong of- Jasper, Armstrong of Lamar,
Bellinger, Bledsoe, Boaid, Boyd, Brown. Bryant of Grayson, Buf-
fington, Caldwell; Cole, Coleman, Constant, Curtis, Davis, Degener,
Downing, Evans of McLennan. Flanagan, Flanagan Webster, Flem-
ing, Gaston, Glenn, Grigsby, Hamilton of Travis, Harris, Harne,
Johnson of Harrison, Johnson of Jackson. Jordan, Kirk, Leib,
Lindsay, McCorniack, McWashington, Mills, Morse, Mucklcroy,
r^Iullins, Mundine, Patten. Pedigo, Phillips of Wharton, Posey,
Rogers, Scott, Slaughter, Sorrel, Stockbridge, Talbot, Thomas,
A''arnell, Vaughan, Watrous, Whitmore, Williams, Wilson of Bra-
zoria, Wright, Yar1)orough — 62.

Yeas 22 and Nays 02.

Motion to lay on the table lost.

Mr. INIills moved to reconsider the vote of the Convention, upon
the resolution of Mr. Lippard, adopted at the morning session.

j\L'. Lippard moved to adjourn until to-morrow morning at nine
o'clock.

Lost.

Mr. Flanagan moved to postpone consideration of subject till
Monday at 11 o'clock.

Carried.

Mr. Butler introduced the following resolutiim :

Resfilred, That a committee of five be ap})ointed by the chair to
examine credentials.

Mr. Sclnu't/.e offered the following amendment :

Resolrcd. That said cominiltec be instructed to receive of every
member the order of the Commandino; General convenimj; this Con-

RECONSTRUCTION CONVENTION JOURNAL. 25

vention, .and that said order, if found to be gcniiii)c. sl'.all he re-
garded as evidence tliat tlie member holding the same is entitled to
a seat in this Convention.

On motion, the Convention adjourned till nine o'clock to-
morrow.

CAPITOL, AUSTIN, TEXAS,
June, 5, 18G8.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read, amended and adopted.

The President announced the following; standino; committees :

Political or Legislative — Caldwell, Chairman ; Arrastroag, of Jas-
per; Flanagan (Webster), Carter, Ruby, Grigsby, Degcner, Lip-
pard, Butler.

Judiciary — Hamilton, of Travis, Chairman; Caldwell, Lindsay,
Gray, Burnett, Evans, of McLennan ; Fayle, Muliins, McCormick,
Pedigo.

General Provisions — Hamilton, of Eastrop, Chairman ; Whit-
more, Flanagan, of Rusk ; Sorrel. Varnell, Newcomb, Smith, of
Galveston; P'hillips, of Wharton ; Armstrong, of Lamar.

Executive — Lindsay, Chairman; Munroe, Phillips, of San Augus-
tine, Rogers, Mills, Boyd, Thomas, Vaughan, ^7iliiam3.

Finance — Whitmore, Chairman; Pedigo, Mackey, Johnson, of
Calhoun : Glenn, Bryant, of Grayson ; Mc Washington, Jonian,
Stockbridge.

Education — Talbot, Chairman ; Schuetze, Lieb, Constant. Long,
Cole, Kealy.

Internal Improvements — J. W. Flanagan, Chairman; Smith, of
Galveston ; Bell, Board, Jordan, Wilson, of Milam ; Downing.

Immigration — Degener, Chairman: Schuetze, Foster, Smith, of
IMarion ; Wilson, of Brazoria ; ^xlorse, Curtis.

Public Debt — Armstrong, of Lamar, Chairman; Hamilton, of
Bastrop; Harne, Johnson, of Harrison; Kirk, Mundine. Keigwin.

Public Lands — Lippard, Chairman ; Oaks, Boyd, Kendal. John-
son, of Calhoun ; Burnett, Hunt.

Apportionment — Varnell, Chairman : (xaston. Bryant, of Harris ;
Brown. Hamilton, of Travis ; Wright, Yarborough.

State Afl'airs — Gray, Chairman; Buffingtou, Bledsoe, Adams,
Flemings, Harne, Hunt, Waters, Harris.

Federal Relation.s — Evans, of McLennan, Chairman; Bellinger,
Sumner, Scott, Kirk, Keuchler, Patten, Posey, Coleman.

26 EEC9XSTRUCTI0N CONVENTION JOURNAL.

Printiug — Thomas, Chairman; Newcomb, Phillips, of San Au-
gustine; McCormick, Mills, Vaughan, Goddin.

Contingent Expanses— McCormick, Chairman ; Grigsby, Adams,
Kealj, Butler.

Commerce and Manufactures — Phillips, of Wharton, Chairman:
Carter, Posej, Patten, Talbot, Bell, jMullins.

Mr. Hamilton, of Travis, moved that Mr. Pedigo be added to the
Committee on Judiciary. There being no objection it was so or-
dered.

The Treasurer sent the following; communication to the Couven-
tion :

Office State TREAstJRER,

Austin^ Texas, June 4. 18G8.
Hon. E. J. DAVIS,

President State Convention, Austin, Texas.

Sir : As the Convention under the reconstruction law has now
organized, and presuming that application will soon be made to the
Commanding General for an appropriation to paj its expenses, I
have thought that it might not be improper to give some information
touching the condition of the State treasury, ai.d therefore have the
honor to enclose herev.'ith a " statement of funds on hand in the
State treasury on the thirty-first day of May, 1868.''

The State revenue is tiie fun;! out of which appropriations are
paid, and the statement shows that there is of that fund on hand, in

United States currency ,f 202,88-1 35|

It is estimated that there will be paid into the

treasuiy before the first day of January, 1809, say, 215,000 00

Total of this fund .s417,881 35|

Estimate of current expenses for supjjort of State Gov-

eri.ment to January 1, 18G9, say $130,000 00

Estimate of balance on hand, January 1, 1809, of

this fu)Hl $287,884 35|

Ti:e statement and estimate show that tliere are now, and probably
will be at the close of the year, ample funds in the treasury to defray
all expenses, both of the State Government and tlie Convention,
without resorting to the collection of a special tax, as contemplated
by the law of Congress.

I have the honor to l)e,

Witli much respect.

Your ob.dient servant,

JUHN T. ALLAN,

Treasurer.

RECONSTRUCTION CONVENTION JOURNAL.

•-n

i )

_ij

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<y^

^ -^ o a: 5? 9 a .3

28 RECONSTRUCTION CONVENTION JOURNAL.

INIr. Armstrong, of Lamar, moved to refer the communication to
the Committee on Printing, and that two hundred copies be printed.
It vras so referred.

Mr. Evans, of McLennan, olTered the following declaration :
Be it declared by this Coiice)ition :

First, That the theory of the Government of the Laiited States is,
that the people of the L^nited States, and not the States, established
the Government of the United States.

Second, No local, municipal, territorial, or State government, can
lawfully exist in the United States without the sanction or permission
of the Congress of the United States.

And in recognition of these propositions, be it declared by this
Convention :

Third, That this Convention will now proceed to frame a constitu-
tion and civil <iovernment in Texas, according to the provisions of
the acts of Congress commonly known as "reconstruction acts,'" and
tliat this Convention will not recognize or sanction the ordinance of
secession of 1861, or any bill, law, ordinance, act, resolution, rule,
or provision passed, made, or enacted since the passage of the ordi-
nance of secession in March, 1861, by any body or assemblage of
pcr.-;ons, or men, in Texas, calling themselves a Convention or Legis-
lature, and not having first the sanction of the Con!i;)'es3 of the
United States, as having now, or ever having had validity, in the
State of Texas.

Mr. Hamilton, of Bastrop, moved the adoption of the declaration.

Ruled out of order.

Mr. McCormiclc moved it be referred to Committee on Federal
Relations, and printed.

Carried.

Mr. Sumner offered the following resolution :

Re>tolfel, That the Secretary be authorized to furnish each mem-
ber of this Convention with fifteen copies of the Daily Austin Repub-
lican, during the sitting of the Convention.

Mr. Evans, of McLennan, moved to amend resolution by substi-
tuting fifty coi)ies instead of fifteen.

Withdrawn.

Mr. Evans, of McLennan, moved to suspend rules and pass reso-
lution.

Mr. ILunilton, of Bastrop, moved to refer the matter to Commit-
tee on Contingent Expenses.

]\L-. Ruby moved to lay the whole matter on the table. The
yeas and nays being called stood thus :

Yeas — Messrs. Adams, Armstrong, of Jaspar; Armstrong, of
Lamar ; Boyd, Brown, Bryant, of Harris ; Butler, Constant, Curtis,

RECONSTRTCTION CONVENTION JOURNAL. 29

Hamilton, of Bastrop; Kend.il, Kirk, Lippard, Long, McWashing-
ton, jNIullins, Patton, llubj, Slaughter, VVliitmore, Williams, Wil-
son, of Brazoria, Wilson, of Milam, Wright, Yarl)orough. — 2.j.

Najs — Messi's. Davis, Bell, Bellinger, Bledsoe, Board, Bryant,
of Grayson, Builington, Burnett, Caldwell, Carter, Cole, Coleman,
Degener, Do^Yning, Evans, of McLennan, Fayle, Flanagan, Flana-
gan (Webster), Fleming, Foster, Gaston, Goddin, Gray, Grigsby,
Jiamilton, of Travis; Harris, Home, Hunt, Johnson, of Harrison;
Johnson, of Calhoun ; Jordan, Kealy, Kuechler, Leib, Lindsay,
Mackcy, McCormick, Mills, JMorse, Muckleroy, Mundinc, Munroe,
Newcomb, Oaks, Pedigo, Phillips, of San Augustine, Phillips, of
Wharton, Posey, Rogers, Schuetze, Scott, Smith, of Galveston ;
Smith, of Marion; Sorrel, Stockbridge, Sumner, Talbot, Thomas,
Varnell, Vaughan, Watrous. — 62.

So the motion to lay the matter on the table was lost.

The rules Avere then suspended, when Mr. Lippard olTered the fol-
lowing resolution :

Resolved, That ten copies of the San A,ntonio Express be taken,
in addition to the copies of the Austin Hepublican.

RefeiTed to Committee on Printing.

Mr. Ruby offered the following substitute :

Resolcedj That this Convention do authorize ten copies of the
three Republican papers in this State, known as follows : the Austin
Republican, the San Antonio Express, and the Galveston Repub-
lican, be furnished each member of the Convention.

Ml'. Sumner moved to lay the substitute on the table.

Carried,

Mr. Burnett offered the following substitute :

Resolved, That the Committee on Printing are hereby author-
ized to contract with the editor of the Austin Republican for five
copies of the Daily Republican, and ten copies of the Weekly Repub-
lican, for the use of each member of this Convention ; provided said
paper publishes the official proceedings of this Convention,

On motion, it was referred to Committee on Printing.

Mr. Evans, of McLennan, offered the following resolution :

Resolved, That all the resolutions now before the Convention, on
the subject of purchasing or subscribing for newspapers, be commit-
ted to the Committee on Printing, and that they report what papers,
if any, we shall purchase ; what number of copies, and the probable
costs thereof; and that they report in the morning.

Adopted.

Mr. Hamilton, of Travis, offered the following resolution :

Resolved, That the Judiciary Committee be instructed to inquire
into the necessity and propriety of urging upon the Congress of the

30 RECONSTRTJCTIOX C0NVI5XTI0N JOURNAL.

United States a change in the reconstruction laws, giving to this
body the appointment of the Boards of Registrars in tbis_ State, and
that the/ report hj memorial, resolutions, or otherwise, without
delay.

Adopted.

Mr. Hamilton, of Travis, moved to suspend the rules.

Carried ; and resolation passed and referred to the Judiciary Com-
mittee.

Mr. Ruby, of Galveston, offered the following resolutions :

Resolved. That a special committee of members be ap-
pointed on the subject of Bill of Rights.

Resolved, That a special committee of members be ap-
pointed on the subject of the Militia.

Resolved, That a spedal committee of members be ap-
pointed on the subject of Election and Suffrage.

Resolved, That a special committee of meml^ers be ap-
pointed on the subject of Eminent Domain and Property ot the
State.

M\\ Burnett moved to lay the resolutions upon the table.

Carried,

Mr. Caldwell offered the following resolution :

Resolved, That a select committee of five be appointed, to whom
shall be referred the lawlessness and violence said to pervade the
State ; and that they have leave to report by declaration, or other-
wise.

Rules suspended and resolution passed.

Mr. Boyd offered the following resolution :

Resolved, That the Sergeant-at-Arms be required to furnish seats
to the different newspaper .reporters in attendance upon the Conven-
tion, near the Secretary's desk, or convenient thereto.

Carried.

Mr. McCormick moved that the rules be suspended to perm.it him
to introduce a resolution.

Rules suspended.

Mr. McCormick introduced the following resolution :

Resolved, That the Message of his Excellency E. M. Pease,
Governor of Texas, be now taken up, and the different portions of
thf! same lie referred to ap})roi»riate Committees, and that the Com-
mittee on Printing I»e instructed to have two thousand copies printed
for tlie use of the Convention.
. Adopted.

'I'lie President announced the unfinished business of yesterday to
be on the resolution of Mr. Butler, and amendment thereto, as offei^
ed by Mr. Schuetze.

KECONSTRUCTION CONVENTION JOURNAL. 81

On motion of Mr. Smith, of Galveston, to lay upon the taljle,
yeas and nays Averc domaiuled, and resulted as follows :

Yeas — Messrs. President, Adams, Bell, Bellinger, Bledsoe, Board,
Boyd, Brown, Bryant of Grayson, Bryant of Harris, Buffiiiigton,
Burnett, Caldwell. Carter, Cole, Coleman, Constant, Curtis, Down-
in;^-, Evans of IMcLennan, Fayle, Flanagan, Flanagan W., Foster,
Gaston, Glenn, Graj^, Grigs^iy, llaniilton of Bastrop, Harris, llai-ne,
Hunt, Johnson of Hairisun, Johnson of Calhoun, Joi'dan, Kendal,
Lindsay, Lippard, Mackey, MeWashington, Mills, Morsfe. Mu'jkle-
roy, Mullins. Munroc, Newcomb, Oaks, Patten, Pedigo, Phillips
of San Augustine, Phillips of Wharton, Rogers, Smith of Galveston,
Smith 'of Marion, Sorrel, Sumner, Thomas, Varncll, Vaughan,
Watrous, Whitmore, Williams, Wilson of Milam, Wright, Yar-
borough — 64.

Nays — Messrs. Armstrong of Jasper, Armstrong of Laniar, But-
ler, Degener, Fleming, Goddin, Hamilton of Travis, Kealy, Kuecli-
ler, Leib, Long, McCormick, Mundine, Posey, Ruliy, Schuetze,
Scott, Slaughter, Stockbridg3, Talbot, Wilson of Brazoria — 21.

Lost.

Mr. Flanagan offered the following declaration, and asked that it
be referred to the Judiciary Committee :

A Declaration to suspend Sheriff^ s and Constable's Sales in the
Stale of Texas.

Section 1. Be it declared that all sales of property by Sheriffs
in the State of Texas, be, and the same are, hereby suspended until
further action may be had therein.

Section 2. Be it further declared, that this Declaration take
effect from and after its passage.

Passed and referred.

Mr. Hamiitou, of Bastrop, offered the following resolution :

Ileyolred, That a select committee of fifteen be appoi;itea to re-
port a plan for proceedings to frame a Constitution, and such other
Avork as may be deemed proper for the Convention to consider and
adopt — eschewing all subjects coming within the legitimate scope of
the Legislative branch of the Government proposed to bo organized.

Mr. IMcCormick moved a suspension of rules.

Rules suspended.

]\Ir. Burnett moved to lay resolution on the table.

A division Avas called for, and beins; a tie vote, the motion Avas
lost.

The question recurring on the passage of the resolution as offered
by the delegate from Bastrop, the yeas and nays Avere called, and
resulted as folloAvs :

32 RECONSTllUCTION CONVENTION JOURNAL.

Yens — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Brown, Butler, Degener,
Downing, Evans of McLennan, Hamilton of Bastrop, Hunt, John-
son of Colhoua, Kendal, Kuesliler, Lippard, Long. McWasliington,
Newcomb, Oaks, Patten, Pedigo, Phillips of San Augustine, Rubj,
Scbuetze, Smith of Galveston, Varnell, Williams — 29.

I'Tajs — ^Messrs. Board, Boyd, Brjant of Grayson, Bryant of Har-
ris. Baffington, Burnett, Caldwell, Carter, Cole, Coleman, Constant,
Curtis, Fayle, Flanagan, Flanagan, W., Fleming, Foster. Gaston,
Glenn, Goddin, Grey, Grigsby, Hamilton of Travis, Harris, Home,
Johnson of Harrison, Jordan, Kealy, Kirk, Leib, Lindsay, Mackey,
McCormijk, Mills, Morse, Mackleroy, Mullins, Mundine, Munroe,
Phillips of Wharton, Posey, Rogers, Scott, Slaughter, Smith of
]Marion, Sorrel, Stockbridge, Sumner, Talbot, Thomas, Vaughan,
Watrcus, Whitmore, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 58.

Lost.

Mr. Mullins offered the following resolution, which was referred
to the committee on State Ailairs :

Rejoiced, 1st, That this Convention was called by, in pursuance
of, and derives its powers, whatever they may be, solely from the
Laws of Congress, known as the Reconstruction Acts.

Resolved, 2d, That this Convention, under said Laws, possesses
no Legislative powers beyond the formation of a Constitution for the
State of Texas.

On motion, the Convention adjourned till 4 o'clock.

FOUR o'clock, p. M.

Convention met, pursuant to adjournment. Roll called. Quorum
pre-^^-nt.

Mr. Degener moved that the Commanding General of Texas be
invited to a seat in the Convention.

Carried.

Mr. Degener moved that a committee of three be appointed to
conduct hira to bis seat.

Carried.

Tile Pi-esident appointed Messrs. Degener, Hamilton of Travis,
and Mc(J()rmi(,'k.

Xlv. Phiilijis <)!Tered the following resolution :

Rcsolred. That the Sergeant-at-Arnis provide rooms for the re-
spective committees.

Mr. MuCormick moved a suspension of the rules.

RECONSTRUCTION CONVENTION JOURNAL. 33

Rules suspended and resolution adopted.

Mr. Ijiiidsay moved that Wright be added to the Committee on
Internal Improvements.

Mr. Caldwell moved that Mr. Buffington be added to the Com-
mittee on Printing.

Mr. Evans moved that Mr. Patten be added to the Committee on
Internal Improvements.

Mr. Hamilton of Travis, moved that Mr. Smith, of Galveston, be
added to the Committee on Apportionment.

Mr. Brjant, of Harris, moved that Mr. Ruby be added to the
Committee on Education.

There being no objection it was so ordered.

W. Flanajian offered the followino; resolution, and asked that it
be referred to the Committee on Contingent Expenses:

Be it ordained by the Convention, That the sum of one hundred
and twenty-five thousand dollars be, and the same is hereby appro-
priated out of any money in the Treasury of the State of Texas, not
otherwise appropriated, or as much thereof as may be necessary to
pay the current expenses of the Convention, and the per diem and
mileage of the members ; and that the per diem of each member be
fixed at the sum of fifteen dollars, and the mileage at twenty-five
cents per mile ; to be governed by the computation of the United
States army regulations.

Mr. Newcomb offered the following resolution :

Resolved, That the morning sessions of this Convention com-
mence at 9 o'clock, and continue until 12 M ; the evening session
commence at 3 o'clock, and continue uvtil 5 o'clock.

Mr. Sumner moved to lay the resolution on the table.

Carried.

On motion, House adjourned till nine o'clock to-morrow morning.

CAPITOL, AUSTIN, TEXAS,

June 6, 1868.

Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the Chaplain. Journal of yesterday read and
adopted.

The President announced the following additionel standing com-
mittees :

Counties and County Boundaries — Pedigo, Chairman ; Wilson, of
Brazoria, Fleming, Kuechler, Sorrel.

Examining Comptroller's and Treasurer's Office — Smith, of Gal-
3

34 RECON^STRFCTIOX GOXVEXTION" JOURN'AL.

vestoii, Chairman ; Webster Flanagan, Butler, Lieb, Armstrong, of
Jasper.

The President, also, announced Messrs. Caldwell, Lippard, Whit-
more. Sumner, Evans, of McLennan, Bledsoe, Cole, Bell, as the
special committee on "Lawlessness and Violence."

■Mr. Buffington introduced the following Memorial, and moved
that it be referred to the Committee on State Afiairs:

Andijrson, Texas, May, 20, 1868.
To the President and Members of the State Co?iveiition of Texas.
The undersigned, W. R. Storej, a minor, aged near twenty years,
a resident of Grimes county, Texas, would respectfully represent,
that he is now, and has been, doing business on his own responsibil-
ity, and is without any guardian, save and except an aged mother
who is, by the law of the State, guardian of his person only.

That, to enable him more effectually to carry on business in his
own name, he Avould respectfully ask your Honorable Body to de-
clare him of lawful age to do, perform and transact any and all
business of whatever name, kind, character, or description ; and that
his acts in such business transactions may be made and declared
good, valid and binding, as though he was of lawful age.
And as in duty lx>und, will ever pray, &c.

WILLIAM R. STOREY.
We, the undersigned citizens of Grimes county, Texas, would
respectfully represent that we are personally acquainted with the
said W. R. Storey, the signer of the foregoing petition, that the facts
there stated are true, and that we believe that the said petitioner is
fully competent and capable of managing and transacting his busi-
ness, and would recommend that his said petition be granted.

A. D. STOREY.
J. BUCHANAN.
A. BUFFINGTON.
BEN. GOODRICH.
E. T. TERREL.
D. C. DICKSON.
WxM. E. BARRY,

Clerk a a G. C. i
G. M. MOORING,

County Judge.
G. M. PATRICK,

ex-Co. Judge.
Tlif petition was referred to the Committee on State Affairs.
Mr. ^IcCormick, from ihe Committee on Contingent Expenses,
made tlie following report :

reconstruction convention journal. 36

Committee Room,
Jime 5, 1868.
Hon. E. J. Dni'is, President of the Convention.

Sir : The Committee on Contin^rent Expenses, to which was refer-
red the resolution introduced bj Mr. Webster Flanagan, relating to the
per dicin pay and mileage of the members of the Convention, and
current expenses of the Convention, have had the same under con-
sideration. They find that the Convention of 1845 fixed the per
diem of ihe members of the first Legislature at three dollars per
day ; that: subsequently, the Legislature raised the per diem to five
■dollars per day for members of the Legislature ; that what is known
as the Secession Convention, did not take any action on the sul)ject
of their pay, but the Legislature, then in session, passed an act pro-
"vidino; that the delegates to the State Convention, and the officers
thereof, should receive the same pay as the members and officers of
the Legislature. Pay was then made in gold. In February, 1866,
the Convention, then assembled here, taking into consideration the
diffiarence in the market value of gold, and the currency of the
United States, in which pay was then, and is now, made, raised the
pay of members and officers to eight dollars per day, and fixed the
pay of the first Legislature at that figure. Since February, 1866,
United States currency has not depriciated to any considerable extent,
if at all, so far as the Committee is informed, and a majority of the
Committee are of opinion, and instruct me to report, that they are
\inable to discover sufficient reason, either in the history of past
legislation, or the present condition of the State to justify them in
reporting favorably on so much of said Resolution as proposes to fix
the perjdietn of members and officers at fifteen dollars per day. So
much of the Resolution, as relates [to] the general appropriation for
the current expenses, has received the favorable judgment of the com-
mittee. And I am instructed by the majority of the committee to
return said Resolution, with the recommendation that it do not pass,
but that the Declaration herewith reported be passed in lieu thereof.

A. P. Mccormick,

foj the majority of the committee.

A DECLARATION, making an appropriation for the per
diem pay and mileage of the members, and per diem pay
of the officers of the Convention.
Section 1. Be it declared by the delegates of the people of Texas,
in Convention assembled, That the members and officers (not to in-
clude INIessengers and Porters) of said Convention shall receive from
the State Treasury, as a compensation for their services, the sum of
^eight dollars per day, and the members, likewise, eight dollars for

36 RECONSTRUCTION CONYEXTIOX JOURNAL.

every twontj-five miles of travel, coming to, and going from, the
Convention ; and the messengers and porters the sum of four doUars
per day.

Sec. 2. Be it furthei- declared, That the sum of one hundred and
twenty-five thousand dollars, or so much thereof as may be necessary,
is hereby appropriated out of any moneys in the Treasurj' not other-
wise appropriated, to pay the mileage and )>er diem aforesaid.

Sec. 3. Be it furiher declared, That the certificate of the Secre-
tary of the Convention will be sufiicient to authorize the Comp-
troller to draw upon the Treasurer, for such sums as may be due the
members and officers aforesaid ; and that this Declaration take efiect
from its passage.

Mr. Webster Flanagan moved it be rcommitted to committee on
Contingent Expenses, with instructions to report fifteen dollars per
day as the per diem.

"]Mr. Hamilton, of Travis, moved to lay the motion on the table.
The Yeas and Nays were demanded, which resulted as follows :

Yeas — Armstrong, of Jasper, Bell, Bledsoe, Board, Boyd, Bryant,
of Grayson, Bryant of Harris, Burnett, Carter, Coleman, Constant,
Curtis, Degener, Downing, Evans, of ]\IcLennan, Fayle, Flanagan,
Fleming, Foster, Gaston, Glenn, Goddin, Gray, Hamilton, of Bas-
trop, Hamilton, of Travis, Harne, Hunt, Johnson, of Calhoun, Jor-
dan, Kealy, Kuechler, Leib, Lindsay, Lippard, Long, Maclvcy,
]\lcCormick, Mills. Morse, Mullins. ISIundine, Munroe, Newcomb,
Oaks, Patten, Pedigo, Phillips, of San Augustine, Phillips, of Whar-
ton, Posey, Eogers, Schuetzo, Slaughter, Sorrel, Stockbridge, Sum-
ner, Talbot, Thomas, Varnell, Watrous, Wlntmore, Williams, Wil-
son, of Brazoria, Wilson, of Milam, Wright, Yarborough — 55.

]sfays — Adams, Bellinger, Buffington, Caldwell, Cole, W. Flana-
gan, Glenn, Harris, John.>on, of Harrison, Kendal, Kirk, Muckle-
roy, Ruby, Smith, of Galveston, Smith, of Marion, Vaughau — 17.

So the motion prevailed ; Yeas, fifty-five ; Nays, seventeen.

Mr. Wright moved that the rules be suspended to take up report
of committee on Contingent Expenses.

Rules were suspended.

Mr. Varnell oflered the following amendment to the Declaration :

Amend l)y inserting "ten dollars jkt day" in place of "eight".

Mr. Degener moved the previous (piestion. The motion not being
seconded by the requii-ed nund)er, was lost.

The (piestion again recurring upon the adoption of the amend-
ment offered by Mr. Varnell, Mr. Degener again moved the previous
question, which was seconded.

RECONSTRUCTION CONVENTION JOUllNAL. 37

Upon the question, "Shall the main question ])e now put?' the
Yeas and Nays were ordered, and resulted :»s follows :

Yeas — Messrs. President, Armstrong, of Jasper, Bell, Bledsoe,
Bryant, of Grayson, Burnett, Carter, Constant, Curtis, Degener,
Evans, of McLennan, Fleming, Fo-;tiir, Goddin, Hamilton, of Bis-
troi), Hamilton, of Travis, Harne, Hunt. Jordan, Kealy, Kuechler,
Lcib, Lindsay, Maekey, McCormick, Mills, Mundine, Oaks, Pat-
ten, Pudigo, Phillips, of San Augustine, Phillips, of Wharton,
B-ogers, Schuetze, Soirel, Sumner, Talbot, Thomas, Whitmore, Wil-
son, of Brazoria, Wriglit, Yarborough — 42.

Nays — Adams, Bellinger, Board, Boyd, Brown, Buffington, Cald-
well, Dole, Coleman, Downing, Fayle, Flanagan, Webster Flanagan,
Gaston, Glenn, Gray, Grigsby, Harris, Jonhson, of Harrison, John-
son of Calhoun, Kendal, Kirk, Lippard, Long, McWashington,
Morse, Muckleroy, Mullins, Munroe, Newcomb, Posey, Ruby, Scott,
Slaughter, Smith, of Galveston, Smith, of Marion, Stockbridge,
Varnell, Vaughan, Watrous, Williams, Wilson, of Milam — 42.

Yeas : forty-two ; Nays : forty-two.

Being a tie vote, the chair decided the Convention had refused to
sustain the call for the main question.

Mr. Sumner moved to adjourn until Monday morning, 9 o'clock.

The Yeas and Nays were demanded and resulted as follows :

Yeas — Messrs. President, Bell, Bellinger, Boyd, Buffington,
Caldwell, Cole, Coleman, Flanagan, W. Glenn, Gray, Grigsby,
Hamilton, of Travis, Harris, Harne, Hunt, Kuechler, Leil), Lind-
say, Long, McWashington, Muckleroy, Mullins, Mundine, Muni-oe,
Pedigo, Rogers, Schuetze, Smith, of Marion, Sorrel, Stockbridge,
Sumner, Varnell, Vaughan — 34.

Nays — Messrs. Adams, Bledsoe, Board, Brown, Bryant, of Gray-
son, Bryant, of Harris, Burnett, Carter, Constant, Curtis, Degener,
Downing, Evans, of McLeiuian, Fayle, Flanagan, Fleming, Foster,
Goddin, Ham.ilton, of Bastrop. Johnson, of Harrison, Johnson, of
Calhoun, Jordan, Kealy, Kendal, Kirk, Lippard, Maekey, McCormiirk,
Mills, Morse, Newcomb, Oaks, Patten, Phillips, of San Augustine,
Phillips, of Wharton, Posey, Ruby, Scott. Slaughter, Smith, of Gal-
veston, Talbot, Thomas, Watrous, Whitmore. Williams, Wilson of
Brazoria, Wilson, of Milam, Wright, Yarborough — 49.

The Convention refused to adjourn.

Mv. Hamilton, of Bastrop, moved to adjourn until 4 o'clock. Lost.

ISIr. Caldwell moved to adjourn untAl Monday morning, 9 o'clock.
Lost.

Mr. Evans, of Waco, moved to lay the amendment offered by Mr.
Varnell on the table. The Yeas and Nays being demanded, resulted
as follows :

38 EECOXSTRUCTION (JONVENTTON JOURNAL.

Yeas — President, Bell. Bledsoe, Bryant, of Grayson, Bryant, of
Harris, Burnett, Carter, Constant, Curtis, Degener, Evans, of
McLennan, Fleming, Foster, Goddin, Hamilton, of Bastrop, Hamil-
ton, of Travis, Harne, Hunt, Jordan, Ketily, Kueehler, Leib, Lind-
say, Mackey, McCormick, Mills, Mundine, Patten, Pedigo, Phillips
of San Augustine, Phillips, of Wharton,. Rogers, Schuetze, Sorrel,
Sumner, Talbot, Thomas, Whitmore, Wilson, of Brazoria, Wright
—40.

Nays — ^Messrs. Adams, Bellinger, Board, Boyd, Brown, Buffing-
ton, Caldwell, Coleman, Fayle, Flanagan. Flanagan, Webster, Glenn,.
Gray, Grigsby, Harris, Johnson, of Harrison, Johnson of Calhoun,
Kendal, Kirk, Lippard. Long, McWashington, Morse, Muckleroy,
Mullins, Munroe, Newcomb, Oaks, Po.5ey, Ruby, Scott, Slaughter,
Smith, of Galveston, Smith, of Marion, Stockbridge, Varnell,
Yaughan, Watrous, Williams, Wilson, of Milam, Yarborough — il.

The Convention refused to lay the amendment on the table.

Mr. Hamilton, of Travis, asked leave of absence for I\Ir, Schuetze..
Leave granted.

Mr. BuffinjTton asked leave of absence for Mr. Ai-mstrong. Leave
granted.

On motion, the Convention adjournetl until 9 o'clock, Monday
morning.

CAPITOL, AUSTIN, TEXAS,.

June 8, 1868.
- Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the Chaplain. Journal of yesterday read and
adopted.

The President announced tlie following additional standing com-
mittees :

Committee on Engrossed Provisions — Munroe, Chairman; Ilarne,
Go<ldin, Scott, Wiiglit.

Committee on Enrolled Provisions — Fayle, Chairman ; Bledsoe,
Bellinger, Yarborough.

Committee on Style — Carter, Chairman; Buffington, Hamilton
of Travis, Pedigo, Newcomb.

Tlie President announced that the fust Imsiness in Older was the
presentation <>f Petitions. Tbere l)eing none, Reports of Committees.
were Cidk'd.

Mr. Tliomas, from the Committee on Printing, made tlw following
report :

RECONSTRUCTION CONVENTION JOURNAL. 39

To the Hon. E. J. DAVIS,

President of the Convention :
The Committee on Printing instruct me to report that they h;ive
contracted for the publication, in pamphlet form, of two thousiuid
copies of the Governor's Message, for sixty dollars in currency.
Respectfully submitted,

JAS. W. THOMAS,

Chairman.

Mr. Vaughan, from the Committee on Printing, made the follow-
ing majority report :

To the Hon. E. J. DAVIS,

President of the Convention :

Sir : A majority of the Committee on Printing, to whom was re-
feire<l certain resolutions relating to the purchase of newspapers,
which shall contain the proceedings of the Convention, have in-
structed me to recommend the purchase, for the use of each member
of the Convention, of ten copies of the Austin Daily Repiibliccm
and five copies of the San Antonio Frele Presse. The Austin Bepi/b-
lican will be laid upon the desks of members at the opening of the
Convention, and will contain the journal, or the de))ates of both, as
the Convention may desire, and be furnished at ten cents for each
copy, which rate will make the aggregate cost $2,340 per month.
The Freie Presse will contain the journal alone, which will be pub-
lished in the German language, and will cost five cents per copy, or
in the aggregate^ $270 per month. All of which is respectfully
submitted.

F. A. VAUGHAN)

For majority of Committee.

Mr. Thomas, from the same Committee, made the following
minority report :

To the Plon. E. J. DAVIS,

President of the Convention :

Sir : A minority of the Committee on Printing, to whom was re-
ferred certain proposed resolutions touching the purchase of newspa-
pers publishing the proceedings of this Convention, respectfully ask
that the Committee be empowered to contract for the publication of
nine hundred copies of the journal of the Convention, at s^'fjoO per
month, to be laid on the desks of members before the reading of the
journal in the morning, agreeably to the proposition of jMr. Jas. P.
Newcomb, wdiich is herewith submitted ; and two hundred copies of
the Daily Austin Republican., and fifty copies of the German Freie

40 RECONSTRUCTIOX CONVEXTIOX JOURNAL.

Prcsse. The Republican to contain the debates, and the Frele Presse
which is published in the German languao'e, to contain the journal
of the Convention. Provided, the total cost of said publications
shall not exceed |;1,300 currency per month.

JAS. W. THOMAS,

For minority of Committee.

Mr. McCormick, Chairman of the Committee on Contingent Ex-
penses, made the following report :

Committee Room,

June 8, 18G8.
To the Hon. E. J. DAVIS,

President of the Convention:
Sir : The Committee on Contingent Expenses, to which was re-
ferred the resolution introduced by Mr. Hamilton, of Travis, in refer-
ence to purchasing one liundred and fifty copies of Paschal's Anno-
tated Constitution of the United States, have had the same under
consideration, and have communicated with Mr. Paschal, and learn
that he will furnish the Convention with one hundred and fifty
copies at the price of ,^1 80 per copy. And the Committee instruct
me to report back the resolution, with the recommendation that the
blank be filled up with one dollar and eighty cents, and that the re-
solution thus amended be passed.

A. P. Mccormick,

For Committee.

Mr. Degener moved to suspond the rules to take up the report of
the Committee on PaschaFs Annotated Digest.

Rules suspended and resolution passed.

The question recurring on the engrossing of the resolution, it Avas
ordered to be engrossed.

Mr. ^IcCoi'miek moved to suspend the rules, and put the resolu-
tion on its tliird reading.

Carried.

Rules suspended, resolution read third time and adopted.

Mr. Hamilton, of Travis, from the Judiciary Committee, reported
us foHows:

Committee Room.

June 8, 1868.
To the Hon. E. J. DAVIS,

President of the Convention:
Sir : Your Committee on the Judiciary, to whom was referred a

EECONSTRUCTION CONVENTION JOURNAL. 41

resolution instructing them to en(juirc into the necessity and pro-
priety of urging u])on the Congress of the United States, a change
m the Reconstruction Laws, giving to this body the apiwintnient of
the Boards of Registrars in tliis State, and that they repoit l)y me-
morial, resolutions, or otherwise, without delay ; have had the same
under consideration, and have instructed me to report the following
resolutions, and recommend their adoption. All of which is respect-
fully submitted.

A. J. HAMILTON,

Chairman.

Resolved., 1st, That in the opinion of this Convention, it is neces-
sary in this State, to a fnir administration of the Laws of Congress
upon the subject of the Reconstruction of the States lately in rebel-
lion, to so change the provisions of said laws, as to transfer from the
commander of the 5th Military District, to this Convention, the
power and authority to appoint and to remove Registrars, for ascer-
taining and reco)-ding the qualified voters«of the State of Texas.

Resoh-ed, 2d, That this Convention respectfully but earnestly
urge upon the Congress of the United States, the change indicated
in the preceding resolution, at the earliest practicable moment.

Reso.'vedj 3d, That the President of this Convention transmit to
the President of the Senate and Speaker of the House of Represen-
tatives of the Congress of the United States, copies of these resolu-
tions.

Mr. Hamilton, of Travis, moved to suspend the rules.

Rules wei'e suspended, and resolution passed to a second reading.

Mr. Burnett moved the resolution be engrossed.

Carried.

On motion the resolution was put upon its third reading.

Mr. Mullins made the following minority report :

To the Hon. E. J. DAVIS,

President of State Convention:

Sir : I respcctfidly submit the following minority report : I do
not believe it either necessary or proper for this Convention '• to
urge upon the Congress of the United States a change in the Recon-
struction law, giving to this body the appointment of the Boaids of
Registrars in this State." It is a matter, in my judgment, over
which the Convention, as such, has no control. Created by the
Reconstruction Laws of Congress, it derives its power to act solely
from those laws, and any action that it might take, beyond the for-
mation of a Constitution, would be unauthorized. That its members,
individually or collectively, have a right to petition Congress, jis

42 RECONSTRUCTION CONVEXTIOX JOURNAL.

citizens, I do not question ; but in its official capacity as a law-
niakini: power I do not think any such power exists, ana such action
1 would deem a disrespectful assumption on our part, of the right to
sit in judgment on the action of Congress. Again: The military
commander, uniniiuenced by local interests or prejudices, Avould be
as likely, I think, to appoint impartial Boards of Registrars as we,
"who are, in a greater or less degree, liable to these influences. For
hose and other reasons, I dissent irom the majority of the Judiciary
Committee.

Very respectfully,

W. H. MULLINS.

Rules were suspended, resolution was read a third time, and
adopted.

j\Ir. Buffington moved to suspend rules, and take up report of
Committee on Printing, in relation to ne^YSpapers for the Conven-
tion.

Rules were suspended.

Mr. Lindsay moved that the whole matter be re-committed to
Committee on Printing, with instructions to report resolutions.

Carried.

The President announced a communication from the Commissioner
of the General Land Office, which on motion of Mr. Evans, of Mc-
Lennan, was referred to Committee on Public Lands.

Mr. Lindsay oQered the following resolution : *

Resolred, That the Committee on Printing is hereby authorized
and instructed to contract for, and have printed, as speedily as prac-
ticable copies of the Reconstruction Laws of Congress, for the

use of the meml^ers of this body, and that said Committee re-
port, &c.

Mr. Lindsay moved that the rules be suspended to take up reso-
lution.

Rules were then suspended and resolution read a second time.

Mr. Caldwell moved to amend resolution by filling blank Avith
two hundred.

iVmcn(hnent accepted.

AL-. Deiiener moved tliat the resolution as amended be engrossed.

Carried.

Mr. Hamilton, of Travis, moved that tlie rules be suspended.

Carried.

The resobilion was then read a tliinl time and adopted.

Mr. 'I'lil'tiot olVrrrd tlie following resolution:

lic'solccd, That the Governor be requested to call upon the Com-

RECONSTRUCTION CONVENTION JOURNAL. 48

missioner of tlie Land Office to report to the Coavention. tbe general
condition of his office, particularly upon the followin<i; points :

The condition of the lands and land certificates granted to Rail-
roads.

The condition of the lands belonging to the School Fund; the'
quantity located and their location.

The condition of the University and Asylum Lands.

The quantity of Land Certificates issued during the rebellion,
and upon what conditions and under what laws the same were-
issued.

And the quantity as nearly as possible of the unappropriated
lands of the State and their locality.

Resolved^ That the Governor be requested to transmit to the
Convention the report of the Superintendent of Public Schools upon
the condition of his office.

Eesolution laid over one day.

Mr. Patten offered the followin<2; resolution :

Resoh-ed, 1, That the Committee on Internal Improvements be
instructed to inquire into the general and financial condition of the
several Railroads and Railroad Companies of the State..

Resolved. 2, That the Comptroller be requested' to furnish said
Committee Avith a statement, f?hoA\>ing the present indebtedness to
the State of each company ; also, what amount of interest has been
paid, when, how, in what paid, and how much remaining unpaid.

ReTerred to Committee on Intei^nal Improvements.

Mr. Evans, of McLennan, introduced a declaration declaring
"there now exists in the State of Texas an unparalleled degree of
lawlessness and violence, and to such an extent as to render property
and life alarmingly insecure," &c.

On motion, the declaration was referred to the Special Committee
on Lawlessness and Violence.

j\Ir. Yarborouo;h offered the following resolution :

Whereas^ A large amount of specie has been deposited in the
General Land Office, prior to the year 1861, for the purpose of pay-
ing for patents and government dues on various pre-emptions belong-
ing to the citizens of the State of Texas ; and

Whereas, Said specie has been wrongfully dealt with, and
claimants, many of whom are widows and orphans, have been so
wrongfully dealt with, therefore be it

Resolved, That the Commissioner of the General Land Office be
required, and that it shall be his duty to issue patents to the claim-
ants, free of chai'ge to s:ud claimants, and charge the same to the

State of Texas, and that the sum of $ be appropriated out

of the State Treasury to defray the expenses thereof.

44 RECONSTRUCTION CONVENTION JOURNAL.

On motion, the resolution was referred to Committee on Public
Lands.

Mr. Munroe introduced the following resolution :

Resolved. 1, That so much of the Governor's message as refers
to a division of the State, be referred to a Special Committee con-
sisting of ten members.

Resolccd, 2. That so much of tiie Governor's message as refers
to a sale of a portion of the public domain, be referred to the
Committee on Public Lands, and that thej be instructed to report
on the expediencj of selling all the vacant and unappropriated
puldic lands to the United States, after reserving a sufficient portion
for public schools.

Mr. Burnett moved that the rules be suspended.

Rules were suspended.

The President decided that the second resolution offered bj Mr.
Munroe, of Houston countv, was out of order.

Mr. Carter moved to amend the resolution bj substituting fifteen
instead of ten.

Amendment accepted.

Mr. Deo-euer offered the following substitute for the resolution
offered bj Mr. Munroe :

Resolved^ That a committee of fifteen be appointed by the Pre-
sident to take into consideration the division of the State, and that
said committee be and is hereby instructed to investigate this matter,
and if in the judgment of said committee, a division of the State
is now expedient, that said committee be instructed to report to the
Convention without delay, a plan of di\'ision and regulations for
carrying out the same.

On motion of Mr. Smith, of Galveston, the second resolution
offered by Mr. Munroe, of Houston county, in regard to a s;i.le of
the public lands, was referred to the Committee of Fifteen, to
wlioni was referred the sul)ject of a division of the State.

]Mr. Patten moved that Evans, of JMcLcunan, be added to Com-
mittee on iVpportionmcnt.

Mr. Talhot moved that Mr. ]McCormick be added to the Com-
mittee on Kducation.

Mr. Sehuetze moved that ^Ir. Kuechler be added to Committee
on Apportionment.

Mr. Lippard moved tliat Mr. "VV. Flanagan be added to the Com-
mittee on Apjiortionment.

Mr. liuniett offered the following resolution:

Jiesolred, Tiiat the Pro\isional Secretary of State is hereby
respectfully recpiested to furnish tlie Chairman of each Standing
Committee for the \xio of his Committee, oivj copy of " Paschal's

RECONSTRUCTION CONVENTION JOURNAL, 4'5

Annotat<.'d Digest of the Laws of Texas," the same to be rcturnerl
to the State Library on the adjournment of the Convention.

Resolved, 2, Tliat the same officer is hereby respectfully re-
quested to direct the State Librarian to open the State Library to
the members of this Convention at all reasonable hours.

Mr. J)egener moved a sus})ension of the rules, llules suspended.

Resolution again read, and on motion of Mr. Hamilton, of Travis,
it was ordered to be engrossed.

Mr. Burnett moved a suspension of rules.

Rules were suspended, resolution read a third time and adopted.

The President announced the business before the Convention was
the order of the day upon the resolution of Mr. Mills, adopted
June 4th, for the reconsideration of the vote upon the passage of
the resolution of Mr. Lippard, as amended by Mr. Smith,

Mr. Flanagan moved the indefinite postponment of the subject.

Withdrawn,

Upon the question to reconsider the vote upon the adoption of
the resolution, the yeas and nays weredemanded andresulted as follows:

Yeas — Messrs. Davis, Adams, Armstrong of Jasper, Bell, Bel-
linger, Board, Boyd, Browaj, Bryant of Grayson, Buffington, But-
ler, Burnett, Caldwell, Carter, Cole, Coleman, Constant, Curtis,
Degener, Downing, Evans of McLennan, W, Flanagan, Fleming,
Foster, Gaston, Glenn, Goddin, Gray, Grigsby, Hamilton of Travis,
Harris, Harne, Johnson of Harrison, Johnson of Calhoun, Kealy,
Kuec:hler, Kirk, Lieb, Lindsay, Mackey, McCormick, Mills, Morse,
^lundine, Pedigo, Phillips of Wharton, Posey, Rogers, Schuetze,
Seott, Slaughter, Sorrell, Stockbridge, Talbot, Thomas, A-^arnell,
Vaughan, Watrous, Wilson of Brazoria, Wright, Yarborough — 59,

Nays — Bledsoe, Bryant of Harris, Burnett, Coleman, Fayle,
Hamilton, Hunt, Jordan, Kendal, Lippard, Long, Newcomb, Oaks,
Phillips of San Augustine, Ruby, Smith of Galveston, Smith of
Marion, Sumner, Whitmore, Williams, Wilson of Milam — 21,

So the motion to reconsider prevailed.

Mr. Flanagan moved to indefinitely postpone the consideration of
the subject, pending which, upon motion, the Convention adjourned
until three o'clock.

THREE o'clock, P. M.

Roll called ; quorum present.

The President announced that the question before the Conven-
tion was the motion to indefinitely postpone, as proposed by Mr,
Flanagan, pending which the Convention adjourned.

46 RECONSTRUCTIOX CONVENTIOX JOURXAL,

My. Caldwell moved thixt ISlv. Flanagan be allowed to withdraw
his motion.

Motion withdrawn.

Mr. Caldwell introduce(i the following amendment :

Provided. That any member who may decline to take said oath
shall file his reasons therefor, which shall be forwarded to the
Commander of the Fifth Military District for his action.

jMr. Lippard introduced the following amendment to the amend-
ment :

" Said oath to be administered by the Secretary."

INIr. Varnell introduced the following resolution :

Be.wh-cd, That the matter under consideration he postponed to,
and made the special order of the day for the tenth day of October,
18G8, 11 o'clock A. M., of said day.'

Upon which the yeas and nays were called and resulted as
follows :

Yeas — Messrs. Adams, Armstrong of Jasper, Bell, Board. Boyd,
Brown, Bryant of Grayson, Buffington Carter, Cole, Con-
stant, Degener, Evans of McLennan, Flanagan, Flanagan W.,
Fleming, Gaston, Glenn, Goddin, Gray, Hamilton of Travis. Har-
ris, Harne. Johnson of Calhouri, Kealy, Kuechler, Kirk, Lindsay,
INIcCormick, Mills, Morse, Muckleroy, Mundine, Munroe, Patten,
Phillips of ^Vharton, Posey, Rogers, Scott, Sorrell, Stockbridge,
Thomas, Varnell, Vaughan, Wilson of Brazoria, Wright and Yar-
borough — 47.

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Harris,
Butler, Burnett, Caldwell, Coleman, Downing, Fayle, Foster,
Grigsby, Hamilton of Bastrop, Hunt, Johnson of Harrison, Jordan,
Kendall, Leib, Lippard, Long, McWashington, Newcomb, Oaks,
Phillips of San Augustine, Ruby, Slaughter, Smith of Galveston,
Smith of Marion, Sumner, Talbot, Watrous, Whitmore, Williams,
Wilson of Milam — 34.

So the resolution was adopted.

Tlie President announced that the order of business Avas the
Declaration offered by Mr. Webster Flanagan, as amended by Mr.
Varnell on the Gth inst. upon the amendment. The yeas and nays
were called and resulted as foUows :

Yea.s — Messrs. Adams. Bellinger, Board, Boyd, Brown, Caldwell,
Carter, Coleman, Evans of McLennan, Fayle, Flanagan, Flanagan
Webster, Gleini, Harris, Johnson of ila-n-ison, Johnson of Calhoun,
Kendal, Kirk, Lippard, Long, McWashington, Morse, Muckleroy,
Munroe, Newcomb, Oaks, Patten, Ruby, Smith of Galveston, Smith
of Marion, Sorrel, Stockbridge, A^'arnel, Wilson of Milam, Yar-
borouirh — -JG.

RECONSTRUCTION CONVENTION JOURNAL. 47

Nays — ^Messrs. President. Armstrong of Jasper, Bi'll. IMcdsoe,
Bryant of Grayson, Bryant of Harris, Buffington, Butler, Burnett,
Cole, Constant, Curtis, Degener, Downing, Fleming, Fostei-, Gas-
ton, Goddni, Gray, Grigsby, Hamilton of Bastrop, Hamilton of
Travis, Harne, Hunt, Jordan, Kealy, Kuechler, Leib, Lindsay,
Mackey, McCormick, Mills, Mundine, Phillips of San Augustine,
l^hillips of Wharton, Posey, Rogers, Sehuetze, Scott, Slaughter,
Sumner, Talbot, Thomas, Vaughan, Watrous, Whitmore, Williams,
Wilson of Brazoria, Wright — 48.

So the amendment was lost.-

Mr. Evans offered the following amendment :

" Strike out eight dollars and insert five dollars per diem, and
mileage five dollars for each twenty-five miles travel."

Mr. Caldwell moved to lay the amendment on the table. The
yeas and nays were demanded and resulted as follows :

Yeas — Messrs. President, Bell, Bellinger, Bledsoe, Board, Brown,
Bryant of Harris, Bufl5ngton, Butler, Caldwell, Carter, Cole-
man, Constant, Curtis, Degener, Fayle, Fleming, Foster, Gas-
ton, Glenn, Goddin, Gray. Grigsby, Hamilton of Bastrop, Hamil-
ton of Travis, Harris, Harne, Hunt, Johnson of Callioun, Jordan,
Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Mackey,
McCormick, McWashington, Mills, Morse, Muckleroy, Mundine,
Phillips of San Augustine, Phillips of Wharton, Posey, Rogers,
Ruby, Sehuetze, Smith of Galveston, Stockbridge, Sumner, Talbot,
Thomas, Varnell, Vaughan, Watrous, Williams, Wilson of Brazoria,
Wrio;ht, Yarborouo-h — 62.

Nays — Messrs. Adams, Armstrong of Jasper, Boyd, Bryant of
Grayson, Burnett, Downing, Evans of McLennan, Flanagan, Flana-
gan W., Johnson of Harrison, Kirk, Long, Munroe, Newcomb,
Oaks, Patten, Scott, Slaughter, Smith of Marion, Sorrell, Whit-
more, Wilson of Milam^22.

Amendment laid on the table.

The question recurring upon the adoption of the original de-
claration,

Mr. Smith, of Galveston, offered the following amendment :

" Strike out eight dollars per diem, and insert twelve dollars,

instead of per diem and travel."

Mr. Carter offered the following; amendment to the amendment :

...»
Resolved, That the resolution be amended by substituting eight

dollars and fifty cents as the per diem pay of each member.

Mr. Hamilton, of Travis, moved to lay the amendment of j\L'.
Smith upon the table, upon which the yeas and nays were called
and resulted as follows :

Y.eas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,

48 RECONSTRUCTION CONVENTION JOURNAL.

Bledsoo, Brown, Bryant of Grayson, Bryant of Harris, Buffing-
ton, Butler, Burnett, Caldwell. Carter, Cole, Constant, Curtis,
Degener, Downing, Evans of McLennan, Fayle, Fleming, Foster,
Gaston, Goddin, Gray, Grigsby, Hamilton of Bastrop, Haniiltm
of Travis, Harnc, Hunt, Johnson of Calhoun, Jordan, Kealy, Ken-
dal, Kuecliler, Leib, Lindsay, Mackey, McCormick, Mc Washington,
Mills, Mucklero}'', Mundine, jNIunroe, Oaks, Patten, Phillips of San
Augustine, Phillips of Wharton, Posey, Rogers, Schuetze, Scott,
Sorrell, Stockbridge, Sumner, Talbot, Thomas, Watrous, Whitmore,
Williams, Wilscn of Brazoria, Wilson of Milam, Wright and Yar-
borough — 62.

Nays — Messrs. Adams, Board, Boyd, Coleman, Flanagan, Flana-
gan Webster, Glenn, Harris, Johnson of Harrison, Lippard, Long,
Morse, Newcomb, Buby, Slaughter, Smith of Galveston, Smith of
Marion, Varnell, Vaughan — 21.

So the amendment laid on the table.

Mr. Caldwell moved the previous question, upon the passage of
the original declaration.

The previous question being seconded, tbe main question being
the engrossment of the I'esolution, it was ordered.

The question recurred upon the second reading of the original
declaration, the yeas and nays were called which resulted a&
follows :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Bell,
Bellinger, Bledsoe, Board, Brown, Bryant of Grayson, Brj^ant of
Harris, Buffington, Butler, Burnett, Caldwell, Carter, Cole, Cole-
man, Constant, Curtis, Degener, Downing, Fayle, Fleming, Foster,
Gaston, Goddin, Gray, Grigs])y, Hamilton of Bastrop, Hamilton of
Travis, Harris. Harne, Hunt, Johnson of Calhoun, Jordan, Kealy,
Kendal, Kuechler, Kirk, Leib, Lindsay, Lippard, Mackey, McCor-
mick, Mc\Vashington, Mills, Muckleroy, Mullins, Mundine, Muu-
roe, Pliillips of San Augustine, Phillips of Wharton, Posey,
Rogers, Schuetze, Slaughter, Smith of jMarion, Sorrell, Stockbridge,.
Sumner, Talbot, Thomas, Vaughan, Watrous, AVhitmore, Williams,
Wilson of Brazoria, Wilson of Milam, Wright and Yarborough — 70.

Nay.s — Messrs. Boyd, Evans of McLennan, Flanagan, Fhmagan
W., Glenn, Johnson of Harrison, Long, Morse, Mewcomb, Oaks,
Patten, Ruby, Scott, Smith of Galveston, Varnell — 15.

The (juestion recurring n[)on the engrossment of the declaration,
it was ordered to be engrossed.

On motion, the Convention adjourned till ten o'clock to-morrow
morning.

RECONSTRUCTION CONVENTION JOURNAL. 49

CAPITOL, AUSTIN, TEXAS,
June 9, 1868.
Convention met pursuant to adjournment.

Holl called. Quorum present. Prajer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Vaughan, from the Committee on Printing, reported as
follows :

Hon. E. J. DAVIS,

President of the Convention.
Sir — The majority of the Committee on Printing, to which was
recommitted the propositions for the purchase of newspapers for the
use of the Convention, beg leave to report herewith a resolution for
the purchase of twenty copies of the "Austin Daily Republican"
for each member of the Convention, That twenty copies for each
member can be procured at 6.^ cents per copy, and that ten copies
for each member cannot be procured for less than 10 cents per
copy ; said papers will contain the journals and a condensed report
of the debates of the Convention, and will be laid upon the desks of
members daily at the hour of 9 o'clock, a. m.

F. -A. VAUGHAN.
For the majority of Committee."

Resolved, 1st, That the Chief Secretary of the Convention be
and he is hereby instructed to subscribe for twenty copies of tii
"Austin Daily Republican" for each member of the Convention.,
Provided, said papers shall contain each day the journal of the
preceding day"s proceedings of the Convention and a fair synopsis
or condensed report of the debates of the same ; and provided
further, that not more than Q\ cents be charged for each copy of
said paper.

Resolved, 2d, That the certificate of the Secretary of the Con-
vention will be sufficient to authorize the Comptroller to draw upon
the Treasurer for such sum as may become due for the subscription
for said papers.

Mr. McCormick moved to suspend the rules and take up the
report.

Carried.

Mr. McCormick moved the adoption of the resolution reported by
the Committee.

Mr. Hamilton, of Bastrop, offered the following amendment :

"Amend by giving members choice of Republican papers to the
4

50 RECONSTRUCTION CONVENTION JOURNAL.

number to Yrliich they shall be entitled, and that the Secretaiy be
instructed to order the papers accordingly."

Mr. Burnett moved to lay the amendment on the table, upon
which the yeas and nays were demanded, and resulted as follows :

Yeas — jNIessrs. Board, Burnett, Coleman, Fleming, Grigsby,
Lindsay, McCormick, jNlills, Muckleroy, Phillips, of San Augustine,
Smith, of Marion, Sumner, Vaughan, Wilson, of Brazoria,
Yarborough. — 15.

Nays — President, Armstrong, of Jasper, Bell. Bellinger, Bledsoe,
Boyd, Brown, Bryant, of Grayson, Bryant, of Harris, Bufifington,
Butler, Caldwell, Carter, Cole, Constant, Curtis, Degener, Downing,
Evans, of McLennan, Fayle, Flanagan, Webster Flanagan. Foster,
Gaston, Glenn, Goddin, Gray, Hamilton, of Bastrop, Hamilton, of
Ti-avis, Harris, Harne, Hunt, Johnson, of Harrison, Johnson, of
Calhoun, Jordan, Kealy, Kendal, Kuechler, Leib,^Lippard, Long,
Mackey, McWashington, Morse, Mullins, Mundine, Munroe, New-
comb, Oaks, Patten, Pedigo, Phillips, of Wharton, Posey, Kogers,
Ruby, Schuetze, Scott, Slaughter, Smith, of Galveston, Sorrell,
Stockbridge, Talbot, Thomas, Varnell, Watrous, Whitmore, Williams,
Wilson, of Milam, Wright.— 69.

So the Convention refused to lay the amendment on the table.

Mr. Ruby moved the adoption of the amendment.

• • Mr. Mullms moved the following amendment to the amendment
of Mr. Hamilton :

Amend by inserting "any paper," instead of any Republican

• paj)er, provided the price is uniform.

"■ . Mr. Li})pard moved the previous question.
- . Previous question not seconded.

; Mr. Whitmore moved to lay the amendment oflered by Mr.
' Mullins upon the table, upon which the yeas and nays were ordered

and resulted as follows :

Yeas — Bellinger, Bledsoe, Board, Brown, Bryant, of Harris,

• liuriiett, Caldwell, Carter, Coleman, Constant, Curtis, Degener,
Do^vning, Evans, of McLennan, Fayle, Flanagan, Fleming, Foster,

"Goddin, Grigsby, Hamilton, of Bastrop, Hamilton, of Travis, Hunt,
Johnson, of Harrison, Johnson, of Calhoun, Jordan, Kendal,
fuieclilei-, Lippard, Long, McCormick, McWashington, Mills,
Morse, Munroe, Newcomb, Oaks, Patten, Phillips, of San Augus-
tine, Phillips, of Wharton, Posey, Rogers, l\ul)y, Schuetze, Slaughter,
Smith, of Galveston, Smith, of Marion, Stockbridge, Sumner,
Talbot, Varnell, Vauglian, Watrous, Whitmore, Williams, Wilson,
of Brazoria, Wilson, of Milam, Wrigiit and Yarborough. — 59.

Nays — Messrs. President, Adams, Armsti-ong, of Jasper, Bell,
Boyd, Bryant, of Grayson, Buffington, Butler, Cole, Webster

RECONSTRUCTION CONVENTION JOURNAL. 51

Flanagan, Gaston, Glenn, Gray, Harris, Harne, Kealy, Kirk, Lcib,
Lindsay, Mackey, Muckleroy, MuUins, Mundine, Pedigo, Sorrel,
Thomas. — 26.

So the amendment to the amendment was laid on the table.

]\Ir. Degener moved the following as an amendment to the amend-
ment of My. Hamilton :

Strike out ''Republican" and add at the end, "provided that the
paper of his choice print the journals of this Convention."

Mr. Goddin moved to lay the amendment offered by Mr. Degener
on the table.

A division was called and the yeas and nays demanded, which
resulted as follows ;

Yeas — Armstrong, of Lamar, Bellinger, Bledsoe, Board, Brown,
Bryant, of Harris, Buffington, Burnett, Caldwell, Carter, Coleman,
Constant, Curtis, Downing, Evans, of McLennan. Fayle, Flanagan,
Foster, Goddin, Grigsby, Hamilton, of Bastrop, Hamilton, of
Travis, Hunt, Johnson, of Harrison, Johnson, of Calhoun, Kendal,
Lippard, Long, McCormick, McWashington, Mills, IMorse, Munroe,
Oaks, Patten, Phillips, of San Augustine, Phillips, of V»liarton,
Posey, Rogers, Ruby, Slaughter, Smith, of Galveston, Smith, of
Marion, Stockbridge, Sumner, Varnell, Vaughan, Watrous, Whit-
more, Williams, Wilson, of Brazoria, Wilson, of Milam, Yar-
borough. — 53.

Nays — Messrs. President, Armstrong, of Jasper, Bell, Boyd,
Bryant, of Grayson, Butler, Cole, Degener, Webster Flanagan,
Fleming, Gaston, Glenn, Gray, Harris, Jordan, Kealy, Kuechler,
Kirk, Leib, Lindsay, Mackey, Muckleroy, Mullins, Mundine,
Newcomb, Pedigo. Schuetze, Scott, Sorrel, Talbot, Thomas,
Wright.— 32.

So the amendment of Mr. T egener was laid upon the table.

Mr. Thomas offered the following substitute :

Resolved, That the Committee on Printing are authorized to
contract for the publication of nine hundred copies daily of the
journal of this Convention, provided the cost of said publication
shall not exceed one thousand dollars currency per month.

Mr. Burnett moved to adjourn till 3 o'clock.

The President asked that the motion to adjourn be withdrawn for
the purpose of announcing the following Special Committee on the
division of the State :

]\Iunroe, Chairman; Degener, Johnson, of Calhoun, Wilson, of
Brazoria, Slaughter, Pedigo, Ruby, Fleming, Armstrong of Lamar,
Kealy, Flanagan, Vaughan, Keuchler, Mullins, Rogers.

Mr. Board asked that the rules be suspended to offer a resolution.

Rules were suspended.

52 RECOXSTHrCTIOX COXVEXTIOX JOURNAL.

1st. Resolved, By the Convention, that a A. P. OLeaiy, a
blind man, who is Avithout ability to subsist himself, having been
boarding with one of the unfortunate individuals who have just
been burned out. and is now destitute and in great want.

2d. And that this resolution shall be sufficient to authorize the
admission of the said 0"Leary into the Blind Institute.

Mr. Burnett moved its reference to the Committee on State
Affairs.

It was so referred.

Mr. Burnett moved to adjourn until 3 o'clock this afternoon.

The Convention refused to adjourn.

On motion the Convention adjourned until 9 o'clock to-morrow
mornius:.

CAPITOL, AUSTIN, TEXAS,

JuxE 10, 1868.
Convention met purauant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

The President announced the following communication fi'om the
Secretary of State :

Austin, June 9, 1868.
Hon. E. J. DAVIS,

President of the Coiwention:
Sir : In answer to a resolution of the Convention requesting the
Provisional Secretary of State to direct ^the State Librarian to open
the State Library to the memljers of this Convention at all reason-
able hours, I bes to inform the members of the Convention that Avhen
Governor Pease came into office, the position of State Librarian was
vacant, and there being no appropriation for the payment of a
librarian, no appointment has been made.

The Superintendent of Public Instruction for this State, Hon. E.
M. Wheelock, occupies the State Library room for an office.

No copies of Paschal's Digest of the Laws of Texas have been
purchased by tlie State, and the Secretary of State has none under
his control. There is no approj)riation for the purchase of books.
Respectfully sul)mitted,

W. C. PIHLLIPS,

Secretary of State.
Mr. Munroc, from tlie Committee on Engrossed Bills, made the
following report :

EECONSTRUCTION CONVENTION JOURNAL. 53

To the lioN. E. J. DAVIS,

President of the Convention :
The Committee on Engrossed Provisions, to whom was referred a
declaration making an appropriation for the per diem paj and mile-
age of the members and the per diem pay of the officers of the Con-
vention, having examined the same, beg leave to report it as
correctly engrossed.

A. T. MUNROE,
Chairman of Committee on Engrossed Provisions.

Mr. Evans, of McLennan, from the Comaiiittee on Federal
Relations, made the following majority report :

Hall of Representatives,
June 9, 1868.
To the Hon. E. J. DAVIS,

President of the Convention :
Sir: Your Committee on Federal Relations beg leave to ]-eport
that thej have had under patient consideration the propositions sub-
mitted to them, in reference to past ordinances, laws, etc., and beg
leave to submit that the committee are unanimously in favor of the
first and the second propositions, submitted to them, and recommend
their adoption after striking out the v/ords " local "' and '' muni-
cipal " in the second proposition, which does not change the same.

But your committee regret to say that upon the third proposition
we are not unanimous ; but a majority of your committee report that
tliey endorse said third proposition, and ask that it do pass this Con-
vention,

A. J. EVANS,
Chairman of Committee on Federal Relations.

Mr. Sumner made the following minority report :
We, tlie minority committee, would respectfully recommend that
the following be added to the above declaration :

That this declaration shall confine itself to all laws and acts
passed in aid of the rebellion, and all laws conflicting with the
Constitution of the United States, and we would further recommend
that the whole be respectfully referred to the Committee on the
Judiciary.

Respectfully submitted,

F. W. SUMNER,
C. E. COLEMAN,
J. R. SCOTT,
A. L. KIRK

54 KECONSTRTJCTION C0XVE3SrTI0N JOURNAL,

Mr. Gray, Chairman of the Cammittee on State Affau'S, made the
following report, with accompanying resolution :

To the Hox. E. J. DAVIS,

President of the Convention :

The undersigned, Committee on State Affairs, to whom was-
referred a resolution defining and declaring the powers which this
Convention may legitimatelj'' exercise, have had the subject matter of
the resolution under consideration, and ask leave to submit the fol-
lowing report, as the result of their labors.

Your committee regard the questions presented as of great
importance ; yet, it is believed, the questions are not difficult of
solution.

As declared in the first section of the proposed resolution, the
right of this Convention to assemble depends wholly on the provi-
sions of what is known as the Reconstruction Acts of Congress. At
the close of the w^ar, the President of the United States, in his
proclamation, declared that the States in rebellion had deprived
themselves of all civil government. There was not an officer within
our borders autliorized to execute ci\'il law.

Any one at all acquainted with the history of the past knows that
it is the established policy, as well as theory, of the National
Government, that there exists no power, except in the political
authority, to reconstruct the State government recently waging
war.

Hence it folloAvs, as a self-evident proposition, that this Conven-
tion is assembled here to-day in obedience to, and by the authority
of the Government of the United States, as manifested through its
officers and agents.

The second proposition contained in the proposed resolution, is as
to the powers of this Convention.

By the fourth section of the first supplementary act, touching the
reconstruction of the States recently in rebellion, among other things
it is declared that " the Connnanding General, within sixty days
from tlie date of election, shall notify the delegates to assemble in
Convention, at a time and place to be mentioned in the notification ;
and said Convention, when organized, shall proceed to frame a
constitution and civil government according to the provisions of this
act ami the a(;t to Mhicli it is sii))ph'ment;iry."'

The laiigiiMgc ([UoU'd from liie act of Congress is in the nature of
a comman<l dii-ccted to tlie Convention, when engaged in the work of
framing a constitution and organizing civil government; and it is
only a constitution thus framed which this Convention is authorized
to submit to the re";isiereil voters for ratification.

RECONSTRUCTION CONVENTION JOURNAL. 55

There is but one limit on the powers of this Convention, in fram-
ing a constitution, that is, that it be llcpublican in form, and the
right to ^letermine this (juestion belongs exclusively to Congress. It
was in aid of that provision of the Constitution of the United States
which makes it the duty of the Government of the United States to
guarantee to every State of the Union a Republican form of govern-
ment, that the several reconstruction acts were passed. It is the
opinion of your committee that Congress has conferred all necessary
power on the Convention to frame a State constitution and civil
government for Texas. It is believed that the acts of Congress do
not limit the powers of this Convention.

It is apparent that this Convention may or ought to exercise just
such power, and none other, as will result in the oi'ganization of a
State government. Hence, your committee respectfully submit and
recommend the adoption of the accompanying resolution, as a substi-
tute for the original one under discussion. All of which a majority
of the committee instruct me to report.

B. W. GRAY,
Chairman of Committee on State Affairs.

Resolved^ 1st. That this Convention is assembled by the authority
of and in obedience to the laws of the United States.

2d. That this Convention possesses the power to frame a Constitu-
tion and civil government for Te.xas, and that it is a question alone
for this Convention to determine what ordinances, declarations and
resolutions are necessary and proper to carry out the expressed wilt
of Congress.

Mr. Gray, Chairman of th& Committee on State Affairs, made
the folloAving additiojial report :

Committee Room^
Austin, Texas, June 8^ 1868.
To the Hon. E. J. DAVIS,

President of the Convention :
The undersigned Committee on State Affairs, to whom the petition
of W. R. Story has been referred, asking to be relieved of the
disability of minority, have carefully examined the same, and submit
the following report :

Your committee are of opiuion that the relief sought does not
pi'operly come within the range of the duties of this Convention ;
being of a purely legislative character, it should be addressed to the
Legislature. It would be wholly impracticable for the Convention
to undertake the work of legislation, except of such general character
as might be necessary and proper to organize civil government.

56 RECOXSTRUCTION CONVENTION JOURNAL.

Your committee therefore ask that the petition be laid on the table. ■

Respectfully submitted,

B. W. GRAY,

Chairnum.

Mr. Lindsay, from the Committee on the Judiciary, made the
following majority report :

To the President of the Convention :
Mr. President :

The committee to whom was I'efcrred the declaration offered by
the delegate from Rusk, providing "that all sales of property by
Sheriffs in the State be, and the same are hereby suspended, until
further action can be had therein," have had the subject under con-
sideration, and the majority of the committee beg leave to submit
the following report :

That regarding the powers raid duties of the Convention as special
and specific, and from the nature of the trust committed to its hands
by the great body of its constituency, confined and restricted solely
and exclusively to the formation of a written constitution for their
adoption or rejection; they are unable to discover in the delegated
autliority to the Convention any power which would warrant the
passage of tlie declaration proposed.

Tiiis l)ody represents the whole political element of the State for
a certain and definite object only, and it cannot respond to a mere
fragment of it by any legislative action. It has no authority to
afford relief, if relief it be, in any such way. It can neither
legislate for the debtor nor for the creditor portion of the comniunity.
Nor are the committee, or the majority of it, prepared to concede
the soundness of such legislation, if the Convention were invested
with the power. Such interference between debtor and creditor
would be the commission of a species of injustice which no civil
government should indulge or tolerate ; and the founders of our
National Government, sagaciously foi-esceing the tendency of local
nnuiicipal governments thus to pervert the principles of natui-al
juiticie, wisc'ly iin[)0sed a chock upon all the States against passing
any law, organic or legislative, impairing tiie obligation of contracts.
It nuist be Ijorne in mind by the Convention tliat we are now living
under a Provisional Government, in which all the powers of State
are invested, subject to the supervision and control of the militaiy
authority. cKtablished over it by tiie acts of Congress, until siicli
time as tliis Convention shall have comi)leted its si)ecial labors and
they shall have received the i-atification of the people of the State
and the guarantee of the National Government. W then any

RECONSTRUCTION CONVENTION JOURNAL. 57

relief could be afforded, as contemplated by the declaration, the
appeal would have to be made necessarily to the Provisional Gov-
ernment, and not to this Convention.

In our judgment, the Convention equally depart from the sphere
of its duty to memorialize the Provisional Government to griuit the
relief sought for, as, in the opinion of the majority of the committee,
the assumption of such povrer by the military and Provisional
Government would be violative of the Constitution of the United
States.

All of which is respectfully submitted.

L. LINDSAY,
JAI^IES R. BURNETT,
W. H. MULLINS,
W. R. FAYLE,
A. J. EVANS.

Mr. Hamilton, of Travis, Chairman of the Judiciary Committee,
offered the following minority report and resolution :

Committee Room,
June 9, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : A minority of the Committee on the Judiciary, to v>hom
was referred the ordinance introduced by Mr. J. W. Flanagan, in
reference to the suspension of forced sales, are not able to agree with
the recommendations made in the majority report. We fully concur
as to the legal principles upon which the majority leport reposes,
and agree that this Convention has no power to grant the relief
sought.

We believe that the social, political and financial condition of the
State is so peculio.r and so embarrassing as to fully justify us in
calling upon the military officer in command of this District, whose
poAvers are believed to be plenai-y for the relief sought. We there-
fore submit herewith a resolution as a substitute for the original
resolution, with the recommendation that said substitute be passed.

A. J. HAMILTON.
A. P. McCORMICK,
C. CALDWELL,
H. C. PEDIGO.
Resolved. 1st. That it is the opinion of this Convention that the
social, political and financial condition of this State is so peculiar
and so embarrassing that the public good would be promoted by the
suspension of all process for the enforcement of judgments sounding

58 RECONSTRUCTION CONVENTION JOURNAL.

in debt or damages. That this Convention has no power to make
the required provision, '>nt arc of opinion that the military com-
mander of the Fifth Military District is clothai with sufficient
power, and we therefore respectfully urge the subject upon his
attention and request him to make said provision by general order.
Resolved, 2d. That the President of this Convention is requested
to transmit these resolutions to the Headquarters of the Fifth
Military District, and have the same brought to the attention of the
commander in such a manner as will be most likely to secure his
prompt and favorable action on the same.

]Mr. Bledsoe offered the following resolution :

Resolred, That 1 be permitted to go before the Speaker's desk
and have him administer to me what is known as the iron clad oath.

Resolution laid over one day under rule.

INIr. Armstrono;, of Lamar, offered the following declaration, and
moved its reference to Committee on Finance.

It was so referred.

A Declaiaiion for the relief of R, S. Brame, Assessor and
Collector of Latnar County.

Whereas, on the 26th night of December, A. D. 1866, the store
house of }»lessrs. Travis, G. \'f right, and Ed. Gibbons, merchants,
trading in the city of Paris, Lamar county, Texas, was burglariously
entered, and the sum of ,'^2,339 93 abstracted from the safe of said
Wright and Gibbons, it lioing the amount of State and County
Taxes collected l)y Richard S. Brame, the Assessor and Collector
of tlie Taxes for Lamar county, and deposited in said safe.

And Whereas, the facts 1)eing made known to Gov. Throckmor-
ton, the collection of the State Tax Avas by him suspended. The
County Court of Lamar county, by order of the same, released said
Assessor and Collector of any liability for losses sustained by said
county, which amounted to the sum of >|Ji881 3.

Tliei-efore, ^\''e, the People of the State of Texas, in Convention
a.ssembled, do hereby declare that Ricliard S. Brame, Assessor and
Collector of Taxes for the county of Lamar, be, and he is hereby
discharged fiom any liability whatever, in consequence of the amount
so abstracted from the safe of Wright and Gibbons, on the night of
the 2Gth December, 18GG.

Mr. De^ener offered tiie following; ordinance, and asked its refer-
ence to the Committee on Finimce.

It was so referred.

RECONSTRUCTION CONVENTION JOURNAL. 59

AN ORDINANCE

Explanatory and dejinimj the Legal Tender Acts, paffsod by the

Blth Co)igress of the United States, 1861 and 1862.

We, the people of Texas, in Convention assembled, acknowledg-
ing that the Constitution of the United States, and the laws passed
in pursuance thereof, are the supreme law of the land, declare

1st, That the citizens of Texas had, and have now the undoubted
right to bind themselves for the payment of gold or silver, or its
equivalent in the legal tender coin of America.

2d, That the Legal Tender Act of the Congress of the United
States, was not intended to, nor does it restrict, alter, modify, or
change the a1)ove specified right ; and therefore ordain

That the Courts of Texas shall hereafter conform their decisions
to the time, intent and meaning of the contracts which may come lie-
fore them for adjudication ; unless the Supreme Court of the United
States shall declare that the said Legal Tender Act applies to all
the personal contracts of the citizens of the United States, without
regard to the forms of their contract.

The President announced, that the unfinished business of yester-
day was the report of the Committee on Printing, and upon the sub-
stitute offered by Mr. Thomas.

Mr. Newcomb, by consent of the House, rose to make a personal
explanation in reference to an attack in the Republican upon him
as Editor of the San Antonio Express.

Mr. Caldwell commenced a reply to the explanation of Mr. New-
comb.

The Chair decided that Mr. Caldwell was out of order.

jMr. Hamilton, of Travis, appealed from the Decision of the Chair
to the Convention ; and upon the question, '• Shall the appeal be
sustained?" the yeas and nays were demanded, which resulted as
follows :

Yeas — Messrs. Armstrong, of Jasper, Bryant of Harris, Buffing-
ton, Carter, Constant, Glenn, Goddin, Grigsby, Hamilton, of Travis,
Harne, Kirk, Mackey, McCormick, Mundine, Pedigo, Posey, Schutze,
Scott, Smith, of Marion, Sumner, Whitmore, Wilson, of Brazoria,
Wright— 23.

Nays — Messrs. Armstrong, of Lamar, Bell, Bellinger, Bledsoe,
Board, Boyd, Brown, Bryant, of Grayson, Butler, Burnett, Cole,
Curtis, Degener, Downing, Evans, of McLennan, Faj^le, Flanagan,
W, Flanagan, Fleming, Foster, Gaston, Gray, Hamilton of Bastrop.
Harris, Hunt, Johnson, of Harrison, Johnson of Calhoun, Jor-
dan, Kealy, Keigwin, Kendal, Kuechler, Leib, Lindsay, Lip-
pard, Long, McWashington, Mills, I\Iorse. JNIunroe, Newcomb,
Oaks, Patten, Phillips, of San Augustine, Phillips, of Wharton,

60 RECONSTRUCTION CONVENTION JOURNAL.

Rogers, Ruby, Slaughter, Smith, of Galveston, Sorrel, Stockbriclge,
Talljot, Thomas, Varnell, Yaughan, Watrous, Williams, Wilson,
of I'tlilam — 57.

So the decision of the Chair was sustained.

The President announced that the next order of business was
upon the resolution re[)orted bj the Committee on Printing.

Mr. Burnett moved the previous question.

Seconded.

Upon tlie question, '' Shall the main question be now put?'' It
was so ordered.

The question recurring upon the engrossment of the resolution,

Mr. Degener demanded the yeas and nays, which resulted as
follows :

Yeas — Armstrong of Lamar, Bellinger, Board, Buffington, Bur-
nett, Caldwell, Carter. Cole, Coleman, Constant. Downing. Evans of
McLennan, Fayle, Flanagan, Fleming, Foster, Goddin. Gray,
Grigsby, Hamilton, of Travis, Harris, Harne, Johnson, of Calhoun,
Kealy, Lindsay, Mackey, McCormick, Mills, Mundine, Pedigo,
Phillips, of San Augustine, Phillips of Wharton, Posey, Rogers,
Scott, Smith, of Marion, Sorrel, Sumner, Yarnell, Yaughan, Wil-
son of I^lilara, ^Vright, Yarborough — 43.

Nays — ^Messrs. President, Adams, Armstrong, of Jasper, Bell,
Bledsoe, Boyd, Brown, Bryant, of Grayson, Bryant of Harris, But-
ler, Curtis, Degener, V^. Flanagan, Gaston, Glenn, Hamilton,
of Bastrop. Hunt, Johnson, of Harrison, Jordan, Keigwin, Kendal,
Kuechler, Kirk, Leib, Lippard, Long, McWashington, Morse, Mui-
lins, Munroc, Newcomb, Oaks, Patten, Ruby, Schuetze, Slaughter,
Stockbridge, Talbot, Thomas, Watrous, Wiiitmore, Williams, Wilson
of Brazoiia — 13.

Being a tie vote, the President decided that the Convention re-
fused to engross the resolution.

Mr. Newcomb offered the following resolution :

Resolred, Tliat the Committee on Printing is hereby instructed to
contract for the publication of the Journal of the jn-occedings of this
Convention, one thousand copies of each day's journal to bo fur-
nished upon the desks of members, before the opening of tlie morning
session.

Ruled out of order.

The President announced that the ne.xt business in order was upon
the Declaration reported by the Committee on Contingent E.xpenses,
fixing tli(^ i>cr (liein pay of delegates and ollicers of the Convention.

Mr. Evans. (»f .MivLeiman, moved the adoption of the Declaration.

It was read a tiiird time and passed.

The President announced that the ne.xt business in order was the

KECOXSTRUCTION CONVENTION' JOURNAL. 61

Resolution offered bj Mr. Talbot, on the 8tli inst., and laid over
under the rules.

I'Jr. Burnett moved the adoption of the llesolution. Adopted.

Mr. Evans, of McLennan, being in the chair, Mr. Davis, of
Nueces, offered the following resolution, and asked that the rules be
suspended, that the resolution may be put upon its passage.

Eules suspended.

Resolved, That the Secretary of the Convention order two
thousand copies of the Daily Austin Republican, at five cents per
copy ; five hundred copies of the tri-weekly Freie Presse of San
Antonio, and four hundred copies of the San Antonio daily Express,
for the use of members of this Convention. PrGvkled, That tliese
papers shall publish the journal of the Convention; and that the
price of the two last shall not exceed eight (8) cents per copy.

Mr. Caldwell offered the following amendment :

'•Amend by striking out four hundred cojjies of the San Antonio
Express."

Mr. Hamilton, of Bastrop, moved to lay the whole matter upon
the table. Motion withdrawn.

Mr. Evans, of McLennan, moved a division of the question.

Carried.

The question recurred on laying the amendment offered by ]Mr.
Caldwell on the table, upon which the yeas and nays were demanded
and resulted as follows :

Yeas — Messrs. President, Armstrong, of Lamar, Bell, Bledsoe,
Board, Brown, Bryant, of Grayson, Bryant of Harris, Butler, Curtis,
Degener, Downing, Evans, of McLennan, Fayle, Flanagan, Flana-
gan, Webster, Foster, Goddin, Gray, Hamilton, of Bastrop, Harris,
Hunt, Johnson of Harrison, Keigwin, Kendal, Kuechler, Leib, Lip-
pard, Long, McWashington, Morse, Oaks, Patten, Phillips, of San
Augustine, Ruby, Schuetze, Slaughter, Smith, of Galveston, Talbot,
Thomas, Whitmore, Williams, Wilson of Milam, Yarborough — 14,

Nays — Messrs. Adam, Armstrong, of Jasper, Bellinger, Boyd,
Biiffington, Burnett, Caldwell, Carter, Cole, Coleman, Constant,
Fleming, Gaston, Glenn, Grigsby, _ Hamilton, of Travis, Harne,
Johnson, of Calhoun. Jordan, Kealy, Kirk, Lindsay, iMackey,
McCormick, Mills, Mullins, Mundine, Munroe, Phillips, of Wharton,
Posey, Rogers, Smith, of Marion, Sorrel, Stockbridge, Sumner,
Varnell, Vaughan, Watrous, V/ilson, of Brazoria, Wright — iO.

So the amendment was laid on the table.

The question recurred upon laying on the table the original
resolution offered by the delegate from Nueces, which motion was
lost.

Mr. Sumner offered the following amendment :

62 RECONSTRUCTION CONVENTION JOURNAL.

"Amend by making the number of the Austin Republican two
thousand copies, at five cents per copy."'

Mr. Degeuer offered the following substitute :

Jiesohed, That tlie Couunittee on Printing be instructed to fur-
nish each member with ten copies of the Journal of this Convention,
and to contract therefor with the lowest republican bidder. Pro-
vided, That henceforth the Journal be furnished one day after the
respective sessions took place.

Mr. Hamilton, of Travis, moved to lay the substitute on the table.

Carried.

Mv. Ai'mstrong moved to adjourn until to-morrow morning, 0
o'clock. Lost.

The question recurring on the amendment offered by Mr. Sumner,
it was adopted.

The qucstii)n now recurring upon the adoption of the resolution
as amended offered by Mr. Davis, of Nueces, jNlr. Smith, of Galves-
ton, moved the previous question, which was seconded. And upon
the question, "Shall tlie main question be now put?"' the yeas and
nays were ordered, which resulted as foPows :

Yeas — Messrs. President Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Brown, Bryant, of Grayson, Bryant, of Harris,
Buffi ngton, Butler, Caldwell, Carter, Cole, Coleman, Constant,
Curtis, Degener, Downing, Evans of McLennan, Fayle, Flanagan,
Flanagan Webster, Fleming, Foster, Goddin, Gray, Grigsby, Hamil-
ton, of Travis, Harris, Harne, Hunt, Johnson, of Harrison, John-
son of Calhoun, Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay,
Li[)pard, Long, Mackey, McCormick, McWashington, Mills, Morse,
^luiidine, Munroe, Oaks, Patten, Pedigo, Phillips of San Augustine,
Pliiilips, of Wharton, Rogers, Ruby, Schuetze, Scott, Slaughter,
Smith, of Galveston, Smith, of Marion, Stockbridge, Sunnier, Tal-
bot, Vaughan, Watrous, Whitmore, Williams, Wilson, of Brazoria,
"Wilson, of Milam, Wright, Yarborough — 72.

1 Nays — Adams, Arnistrong, of Jasper, Boyd, Burnett, Gaston,
Gleini, Hamilton of Bastrop, Keigwin, Kirk, Mullins, Posey, Sor-
rel, Thomas, Varnell — 14.

So the main question was ordered.

The (juestion then recurred upon the engrossment of the resolu-
tion, when it was ordered to be engrossed.

On motion, the rules were suspended and the resolution put on
its tliird reading.

Mr. Flanngan offered tlie following amendment:

P/oridr<i, That the vVustin Kcpuhlican shall publish a synopsis
of the debated. Amendment withdrawn.

RECONSTRUCTION CONVENTION JOURNAL. G3

The question then recurred upon the passage of the resolution.
And the resolution was adopted.

Mr. Hamilton, of Travis, offered the following resolution :

Resolved^ That the President of this Convention appoint a special
committee of five, to investigate the administration of the financial
afiiiirs of the State Penitentiary, since August, 18G6 ; and that they
report the same, showing the difference, if any, between the assets
at the date referred to and the present time ; and that said commit-
tee have power to take testimony and to send for persons, records
and papers.

Mr. Burnett moved a suspension of the rules, to put the resolu-
tion upon its passage.

The rules were then suspended and the resolution adopted.

Mr. Burnett moved a further suspension of the rules, and that
the resolution be engrossed.

It was ordered to be engrossed.

Mr. Butler moved a further suspension of the rules, to put the
resolution upon its third reading.

Rules suspended, resolution read third time and passed.

Mr. Smith, of Galveston, offered the following resolution :

Whereas no provision having been made to publish the debates
of this Convention : Therefore be it

Resolved^ That the services of the gentleman employed at fifteen
dollars per day, to report the debates, be and are hereby dispensed
with.

Resolution went over under the rules.

On motion, the Convention adjourned till 10 o'clock to-morrow
mornincr.

CAPITOL, AUSTIN, TEXAS,

June 11, 1868.
Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the Chaplain. Journal of yesterday read and
adopted.

By consent of the Convention, the President instructed the Sec-
retary to read a communication from the official reporter of the Con-
vention.

Austin, June 10, 1868.
To the Hon. E. J. DAVIS,

President of Texas Constitutional Convention :
Sir: I have just learned, with no small degree of astonishment,
through Dr. Smith, of Galveston, and other members of the Consti-

64 RECONSTRrCTIOX COXVEXTIOX JOURNAL.

tutional Convention, that I am credited with being the regular cor-
respondent of Flake's Bulletin, and the writer of a recent letter to
that paper cont;\ining strictures on the proceedings of this body that
were offensive to some of its members. Permit me to state, that
there is not a shadow of foundation for such rumor. I do not know
^Ir. Flake, have no relations with him whatever, and am as ignor-
ant of the purport of the letter in question as I am of what is now
transpiring at the Antipodes. Moreover, I should consider it, to
saj the least, in exceeding bad taste, were I, as an officer of this
Convention, to make m3^self a party to any dispute that maj divide
its members ; and a decided dereliction of dutj, Avere I to become a
correspondent or regular contributor to any journal while holding
my present position.

1 feel that this disclaimer is due to myself, and I trust it will be
satisfactory to those gentlemen whose minds have been misled and
misinformed on this matter.

I have the honor to be, ISir,

Your obedient Servant,

JOHN TOVELL,
Official Reporter Constitutional Convention.
The President announced the receipt of tlie following communica-
tion from his Excellency Governor E. M. Pease, transmitting report
of the Superintendent of Public Instruction, in response to a resolu-
tion introduced by Mr. Talbot on the 9th instant.

Executive Office, Austin,

June 10, 1868.
Hon. E. P. DAVIS,

President of the Constitutional Convention :
Sir : I have the honor to acknowledge the receipt of your letter
of tliis date, inclosing a copy of the Resolution offered by jMr. Talbot,
Chairman of the Committee on Education, asking for certain infor-
mation from tlie Commissioner of the General Land Office ; and also
requesting me to transmit to the Convention the Report of the Super-
intendent of Public Schools, upon the condition of his office.

In reply, I beg leave to transiuit iierewith the Report of the Su-
perintendent of Public Instruction, which, I presume, is the Report
desired.

A copy of the Resolution has this day been sent to the Commis-
sioner of the General Land Office, iisking him to furnish the infor-
mation desired from his ofiice, which will be transmitted to the Con-
vention as soon as it can be made out.

Very respectfully,

Your obedient Servant,

E. M. PEASE.

KECONSTRUCTION CONVENTION JOURNAL. 65

Austin, Texas, May 30, 1868.

To His Excellency E. M. Pease,

Governor of the State of Texas :

In accordance with your instructions I have the honor to submit
the followinfr report, embracing a sunnnary of what has been done
hitherto for the maintenance of public education in Texas ; together
with such suggestions as may be of use in founding a system of per-
manent public schools.

While Texas remained as a frontier province of Mexico, with a
small white population in scattered settlements, open on every side to
the inroads of the wild tribes of the Plains, no provision could be
made for public instruction.

In 1836, in the organic act which broke the federal relation with
Mexico, and declared Texas an independent repulilic, it is made " the
duty of Congress, as soon as circumstances shall permit, to provide
by law a general system of education." . Accordingly, three years
later, an act was passed granting to each county three leagues of
land for school purposes. In the following year a board of school
commissioners for each county, consisting of the chief justice and
two associate justices, were appointed, with power to locate and
survey these lands; while an additional league was granted to each
county, which the board were empowered to sell at their discretion,
and apply the proceeds, one-half for the use and benefit of an
academic school for each county, and the remainder to be distributed
equally among the various primary schools.

It was subsequently provided that these lands should not be sold
or disposed of save by lease, and that for a limited term of years.
As there was no possibility of leasing lands, the provision simply
amounted to a prohibition of their sale. In view of the vast amounts
of land that were then being thrown upon the market at a nominal
price, the restriction was a wise one, and prevented the waste of this
liberal grant.

At that time the Congress of the Republic could da nothing more
for the cause of popular education than to lay the foundation that
aftertimes might develop into a permanent school fund such as has
not heretofore fallen to any community.

At the close of the year 1845 occurred the annexation of Texas.
The convention that then framed the State constitution found the
endowment in this condition, and by article ten confirmed the
restriction on sales in the act of 1839, and extended the benefits of
the grant to all the other counties established subsequently to the
passage of that act.

By this legislation a grand total of 520 leagues, or 2,302,560
5'

66 REC0X3TRUCTI0X COXVENTIOX JOURXAL.

acres was set apart to the one liundred and tliirtj organized counties
of the State, a? the busis of a perpetual s-jhool fund. About five-
sixths of this amount his been located and surveyed.

The Lcgishiture was also enjoined •• to make suitable provision for
the support of schools;" " to establish free schools throughout the
State, furnish means for their suppoi't by taxation on property, ' and
" to set apart not less than one-tenth of the revenue oT the State,
djriva'de from taxation, as a perpetual fund, wiiich shall be appro-
priated to the supt)ort of free public schools, and entitled the General
Common School Fund.''

Laws from time to time were passed in accordance with this
article of the organic law, and the fund thus accruing amounted in
1855 to $128,608.

In January, 1854:, a great forward step w^as taken. The sum of
two millions of dollars in United States bonds (^ being a portion of the
ten millions indemnity paid by the Federal Govemment to Texas, in
settlement of boundary claims), was set apart as a special school
fund ; the interest arising therefrom to be applied toward the pay-
ment of teachers' salaries ; while tlie income from the general school
fund, derivable from the one-tenth taxation, was to be devoted to the
payment of the school rates of indigent puiiils. The chief justices
and county commissioners were rei|uirod to form their respective
counties into school districts of convenient size, and to order an
annual election in each district of a board of trustees who were
charged with the school interests of their districts. The assessor and
collector of each county was enjoined to take a yearly census of all
persons of schoolable age, which census became the basis of the
money distribution. The State Treasurer was made ex-oificio super-
intendent of common schools.

This law, copied from the successful school experience of older
States, was, in its general scope, progressive and satistactory. It
might well have been made the b.isis of an efficient public school
system, carrying instruction by force of law into every village and
settlement uf tlie State.

But it Avas soon found that legislation had outrun public opinion.
Many of the officers named in the law were remiss in the perform-
ance of duty ; but partial returns were received from the counties;
not one-fourth of the school districts complied with the conditions
upon which the distribution of the fund depended, so that the greater
portion of the moneys distributed through the years 18o4-5 remained
in the hands of tlie (bounty officers. Tlicre was no one charged with
supervision ; no officer set apart to lend force and impulse to the
machinery of the law. The Treasurer, absorbed in the more legiti-
mate duties of his office, could give to education but incidental and

RECONSTHUCTIOX CONVENTION JOURNAL. 67

ca.snnl attention: above all, tbe spirit of slave socictj, ahvays ai;d
essentially aristocratic, was adverse to the education of the people.

At the end of two years the cornmou sciiooi law of l8oi was
repealed or materially chan,:^ed, the district system a^'olished, and
the 1)oard of trustees dispensed with ; it being provided in their ])l.,cc
that "all schools, tlie teachers of which shall make a tabular return
of attendance to the county courts, shall bo pu^dic schools."

By another se/tion of the act of 1856, authority was given to loan
t!ie special school fund to railroad companies under certain condi-
tions ; the companies giving first ftiortgage bonds payable in ten
years at six per cent, in specie, with a further annual payment of
two per cent, as a sinking fund.

The .'xeneral school fund received from one-tenth taxes and the
special school fund of .^•2,000,000 were blended and made one. and
the income from both assigned to the use of the scholastic population,
as follows : First, in payment of the tuition of indigent children,
especially orphans, and the children of widoAVS ; the balance to the
piiying patrons of the scJiools pro rata.

This plan of loaning the school moneys was judicious, and under
wise restrictions would have been a safe investment. But instead of
confiaing the loan to a few prominent trunk-lines until completion,
charters were indiscriminately granted, and State aid unAvisely
extended to con:ipanies without responsibility or capital. The fund
tlius scattered served to ])egin many roads, and to finish none. The
companies, without income or credit, and loaded with delrt, began
even before the war to fail to comply with their oldigations to the
seuool fund ; and the rebellion completed the suspension of payments,
or authorized them to be made in worthless paper.

This act was amended, in some of its details, in 1858, and in
accordance with its provisions the income of the fund was annually
distributed to the counties until the civil war engulfed all.

The school resources were greatly strengthened this year (1858)
by the important law of February 11, wdiich added to the principal
of the educational fund the proceeds of all sales of public lands.
Tliis law was repealed during the war. It should be re-enacted, and
made irrepealable.

I have not been able to find any official statement or record of the
yearly progress of education in Texas under these various laws : nor
of the number of teachers and of schools. There seems to have been
but little inspection, discrimination or progress. The Treasurer, in
his reports, complains of the chronic remissness of the counties in
forwarding data : in the year 1861, for instance, out of a total of one
hundred and twenty-four organized counties, but "twelve of the
comity courts made their reports as recj^uired by law." While the

Amount.

Per capita.

1101.588

$1 38

106,000

1 21

105.855

1 03

113.154

1 m

104.447

1 00

68 EECONSTRUCTIOX COXVEXTIOX JOFRXAL.

State was distributing upward of $100,000 annually for the support
of public education, no sunimarj of facts and school statistics were
published or preserved. Such fragmentary data as were obtainable
are here subjoined.

The Treasurer reports a disbursement for schools during the years
1854-5 of ,$27,137. For the six following years the amounts paid
and the number of school children were as follows :

Scholastic census.

In 1856 72.826

In 1857.. ' 87.000

In 1858 102.772

In 1859 101.031

In 1860 104,447

In 1861 105,200 65,224 0 62

Since 1861 no disbursements for schools have been made from tho
treasury.

In the first year of the rebellion the summary of the school fund
was as follows :

Specie $76,389 90

United States bonds 782,000 00

Interest coupons 17,675 00

Railroad bonds 1,635.500 00

Interest due 72,450 00

State warrants 8,518 24

Total $2,592,533 14

In the destruction consequent upon the war, all of these funds
that could be cashed, or made available, were sunk. Before the fifth
of Augu.st, 1865, the total thus expended amounted to $1,285,327 ;
for which, as the school fund had been declared permanent and
inalienal)le, the State is in eijuity liable.

The railroad bonds alone were left. Those roads have all forfeited
their charters by non-payment of interest, and are almost hopelessly
in arrears. Witli perhaps a single exception, they are regarded as
insolvent. Omitting the arrears of the sinking fund, their condition
is as follows :

Unpaid principal $1,753,317 00

Interest due to March 1, 1868 . . 450,140 00

Total $2,203,457 00

The total now due may be summed up thus :

RECONSTEUCTION CONVENTION JOURNAL. 69

Due by railroads $2,203,4r)7 00

Due by the State 1,285,327 05

Specie in treasury 59,779 31

Currency 855 22

Total 1-3,549,418 58

So nearly has this great endowment become extinct, that it is
very doubtful whetJier, in its present condition, an annual income of
thiity thousand dollars can be realized from it for the maintenance of
schools.

The Convention of 1866 amended in some important respects
article ten of the old constitution on education. It provided for a
Board of Education and a Superintendent of Schools — the latter an
office essentially necessary to the successful operation of a common
school system. In addition to the school lands granted to the
counties, it set aside the reserved sections of railroad lands, together
with one-half of the proceeds arising from the sale of all public
lands, as a basis for a perpetual school fund ; and it wisely placed
the county lands under the control of the Legislature, which was
authorized to provide for their sale. But a clause of section six,
giving to each county the power to negative the sale, rendered the
provision valueless. The Legislature should have exclusive control
of the school lands.

The r:iilroad lands thus granted and yet unsold, amounting to
2.548.070 acres, added to the former grant, makes a total land
endowment of 4,850,630 acres. If these lands are placed in the
market gradually, in accordance with the annual demand of immi-
gration and of a growing population, and sold on long credits with
interest, they would, on the return of prosperous times, soon bring
an average price of two dollars per acre. Before many years a fund
could thus accrue of over nine millions of dollars. To these land
endowments should be added, and made inalienable by the organic
lavr, the remaining public domain.

The public lands of Texas, which a few years since amounted to
175.000.000 of acres, exceeding in size the combined area of all the
States on the seaboard from Maine to Maryland; and which, if
properly husbanded, would have sufficed for all demands of State
revenue, of Education, and of Public Works, for many a year to
come, have been so ingeniously lavished, that little now is left save
Young's Territory, the sterile wastes of the Staked Plain, and the
mountain ranges of El Paso.

AVitli the exception of that portion ceded to the Federal Govern-
ment, the State has realized comparatively nothing from its immense

70 RECOXSTRUCTION COXVEXTIOX JOUKXAL.

possessions: and but a few years more of special and speculative-
legislation is needed to dissipate, ■without remedy, the last fragment
of the public lands. The prodigal past cannot be redeemeil, but in
this moment of fundamental change, vre will, if r.e are wise, provide
for the future.

The unsold lands of our Sta.te now ofier the means of strengthen-
ing the wasted and ruined sohool fuiid to the height of every futuie
dcaiand. It" neglected now, never again will the highest interests of
th3 commcnwealth find at our hands so propitious an occasion. Tiie
fund thus accumulated, while set apart as an inviolable educational
resource for all coming years, could be invested ; under sucii careful
conditions as would give safety, strength and permanency to the
plan) in the bonds of a system oT main trunk railroad penetrating
every section vritli A'ital lines of travel and of trade.

The provision of the old constitution, by which ono-tentli of tlie
annual revenue derived from taxation vras added to the piincipal of
the common school fund, is abolislicd by the constitution of 1866.
It is lecommonded that at least double the former proportion l)e now
set apart — not, however, to augment the principal of tlie fund, Jrat
to serve as an immediate means of income, and to be annually
expended for the support of schools.

The State revenue may be estimated for the next five years at
about ^500,000 per annum, one-fifth of which would yield for public
education $100,000. This amount, combined with whatever glean-
ings of income )nay be realized from tlie old fund, would suffice to set
on foot a system of primary schools suited to th;3 peculiarities of our
country and population, r.nd placing i'astruction within the reach of
every child of whatever color, condition or race.

The sura a^ked for is not Ivrge, either as compared with the ability
of Texas, or with the eKpenditare of other American States. Fi-'ty-
two per cent, of the ordinary taxation of Ohio is ye.n-ly expended in
support of education. The State of Vermont, ro^-ky and poor, with
a stationary population of 315.000, and v.ith a smaller aggregate of
fertile .soil than many a Texan county posseiv-^os, paid out in 18^36
for common schools ,"-1^421 ,44:1 ; while all other expenditures for
carrying on the civil government wore less tlian ^193,000. ' lowa^
settled and admitted into the Union later than Te.xas, with a popida-
tion in 18(>7 of 900,000, and with not a tithe of the natural wcidth
and resources of our commonwealth, expended last year upwards of
two millions of dollars for public sdiools !

One-twentieth of that sum is not a large yearly appropri;:tion for
as, with a population of 800,000, of whom one-fourth are between
the ages of five and eigliteen.

Ill view of the fact that the Convention is about to asaemble, to

RECONSTRUCTION CONVENTION JOURNAL. 71

fiTiiiic or revise the fandamcntal la'>y of tlic State, I v^'ould icspect-
fullj suggest the desirableness ol' securing, in the educational clause
of the nev/ constitution, the ibllov/ing features of a school system :

1. A common school fund, consisting of vrhatever values may be
realized from the 'vreck of the former fuiid ; the proceeds of fines,
fori'eitures, estrays, and of the estates of deceased persons to v/];ich
the State may become entitkd 1)y law ; the county school laiids : the
reserved sections of railro:\d lands ; the public doir.ain not otljer-.vise
appropriated. The principal of the fund not to l)e diverted or
diminisliod, and the income to be devoted to tlie support of common
sehools by the payment of the salaries of teachers.

2. Oneiifth of the aggregate annual income of the State to be
ye.irly expended as above.

3. 'Fiio Legislature to be autliorized to provide, by the levying of
a tax, for the erection of school Ivaildings. etc.

4. The supervision of public instruction to be vested in a Eoard of
Education and a State Superintendent of Schools, whoso powers and
duties shall be prescribed by law.

5. The Legislature to provide by law, at the first session, for the
division of the State into districts of convenient size, and for the
inception of a -general and uniform system of common schools, to
continue at least four months in every year, equally open to all
children between the ages of Svo and eighteen, wherein tuition shall
be without charge, and every child of requisite age required to
attend, unless educated by other means.

Tnus, while tlie paramount law ordiins that there DUL-it be a sys-
tem of free piimary schools, open to the entire youth of the State, it
may propcily refer to the Legislature the settlement of the details
thereof: the construction o^ buildings, the salary of teachers, the
met! od of instruction, the question of separate or mixed schools, the
plan of supervision, and the whole :rpparatus of the law.

It seems to ha-ve been a cherisiied design of the people of Texas to
establish an institution for the instruction of youth in the higlier
branches of learning ; and hj generous grants to so endow the same
as to place within the reach of lich and poor the pi-ivilege of a liberal
and thorough education. The President of the Rcpu'olic was ordered,
in 1839, to sot apart 221,400 acres for tliis purpose. In 1856 one
hundred thousand dollars in United States bonds and one-tenth of
the railroad land-i were also appropriated '• for the estal/lishment and
maintenance of the University of Texas," and the lands were oficred
for sale on a credit of twenty years. The grant was ample ; the
lands were choice, and large amounts were readily sold at an aver;ige
price of three dollars and thirty-four cents per acre. Of this fund
^379,108 was destroyed during the civil war by the State author-

72 RECONSTRUCTIOX COXVEXTION JOURNAL.

ities ; and it is understood that considerable sums, the proceeds of
the hind sales, were paid in Confederate money.

The amount of the University fund now in the treasury is
^134.472 in State paper. No practical steps have yet been taken
toward the location and establishment of this institution. But when
oiice our State is dotted with common schools in full operation, for
the education of the children of the people, these will naturally
requii'e.to 1)e supplemented by High, graded and IS'oruial schools,
adapti'd to pupils of a larger growth, and these again crowned by a
University.

A State University is indeed a logical necessity and outgrowth of
the free school system, the head of the grand line of forces by which
we would draw the whole people up to light and knowledge.

Of the value and need of public education little has been said in
this report, for little need be said. Its own unquestioned utility lifts
it above the support of argument. The imperative necessity of pub-
lic schools, established for all, open to all upon equal terms, and upon
principles common to all, has grown into a clear conviction, not
liable to debate. The question is a closed one. With the American
people, especially, the system of common schools is not an experi-
ment. Since its early adoption upon the Atlantic shqies, its growth
has been continuous, and now, })crfected by the experience of five
generations, it is the chief glory of the Republic.

And this sense of the vital relation between fi-ee government and
universal edu'^ation has been deepened a hundred fold by the grand
lessons of the war. Treason found no foothold among tlie educated
commonwealths of the North and West. The public schools of the
free Stntes were the great bulwark of the imperilled Unity and
Nationality. They were everywhere living ftjuntains of loyalty and
patriotism. No insurgent State had a practical free school system,
and no loyal one was without it. The line of Free Schools divided
tlie fiitld'ul and the YchA communities as sharply as did the contend-
ing i-amps. From that war wo have emergeil wi;:h changed purposes
and an altered destiny. We are not the aanie ])eo})le tliat wc were;
we can never lie the same. To us the task is set to place our com-
monwealth in line with the nineteenth celitury, and to re-adjust the
course of the .ship of State for a new historic voyage. A civilization
vitali/.i'il and energi/.i'd by free schools is our chief need, and the
education of youth our primary duty. Let the conmuinity in its
orgini/ed capacity ]»rovide the bread.of knowledge for all its cliiidren,
and leaven with intelligence the whole mass of society. As the
limits oi'eiti/ensliii) widen, let us eipialiy enlarge the capacity of the
citizvn.

There is nothing wc ought not to do, there is no efibrt we ought

RECONSTRUCTION CONVENTION JOURNAL. 73

not to make; there is no sacrifice, whether of money or of prejudice,
we ought not to yield, rather than allow a generation into whose
hands the ballot and the government is gravitating, to remain unfitted
for their duties and destiny.

That so many of our people are grossly, dangerously ignorant,
has long been a reproach and a moral stigma upon us ; it is now
something more— a question of self-preservation. In a country
Avhere all are rulers, all nmst be educated, or the lower level drags
down all above.

Universal suffrage necessitates universal education.
Very respectfully,

E. M. WHEELOCK,
Superintendent of Public Instruction.

Mr. Talbot offered the following resolution :

Resolved, That the reading of the report of the Superintendent
of Education be dispensed with. That the same be refeiied to the
Committee on Education, and that the Committee on Printing be
directed to contract for the printing of 1000 copies of the same for
the use of the body.

Mr. Talbot moved that the rules be suspended to take up the
re.-olution.

Carried.

JMr. Armstrong moved to amend the resolution by substituting
^'500" in the place o^' "1000."

Carried.

The resolution as amended passed to second reading and was
ordered to be engrossed.

Mr. Talbot moved that the rules be suspended for the further
consideration of the resolution.

Rules were suspended ; resolution read third time and passed.

By order of the President, the Secretary read the following
connnunication from JMr. Newcomb, of Bexar :

]Mr. Secretary, please inform each member that they can have
their numbers of the Express and Free Press mailed to any address
from San Antonio. This will save double postage.

Mr. Gray, from Committee on State Affairs, reported as follows :

Committee Room,
Austin, June 11, 1868.
To the Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on State Affairs, to Avlioni was refei-red the
resolution to admit J. P, O'Leary into the Institute for the Blind,

74 RECOXSTRUCTIOX CONVEXTIOX JOURNAL.

Lav3 considered the same. Your committee have heretofore reported
that this Convenliou wa3 called to frauie a Constituliou and organize
civil lioverninent, and that the labors of this Convention should bd
confined to that object. The object sought by the resolution, your
committee are of opinion, is provided for by the laws of the State;
they therelbre iisk to be discharged from further consideration of
the subject.

Respectfully submitted,

B. VV. GRAY.
Chairman Committee on State iViihirs.

Mr. BuiSngton offered the following declaration, and asked its
reference to the Judiciary Committee :

We, the people of Texas, in Convention assembled, do declare ;

1st, That it shall be the duty of the Legislature lo provide by
law and enforce the collection of any ba^k taxes t!iat may be due
and owing to the State.

2d. That it shall be the duty of the Legislature to repeal all
laws, and })arts of laws, giving time to rodoem land sold for taxes.
The Legislature shall by law make the sale of land by Assessors
and Collectors absolute.

ii vv-as referred.

The Pi-esident announced the Committee on Investigation of the
Penitentiary, called for by the resolution of Mr. liamihon, of
Travis, a(.lo])ted yesterday, to be :

Bailor, Chairman; Goddin ; Soott; Lindsay; Boyd.

Mr. Munroe oifjred the follovring resolution :

Rc-folrcl, That three of the connnittee to be appointe.l to examine
into the condition of the State Penitentiary at liuntsville, are
hereby directed to proceed to liuntsville to carry into elfoct the
order of this Convention, and that the President designate said thre(j
members for the discliargo of said duty.

Jjaid over under the rules.

Mr. Boyd oifered the following resolution :

WiiEiiE.is, A resolution having passed the Convention on the
lOlii day of December, a. D., 18G8, autiiorizing the Seerctaiy of
the Convention to furnish so many papers of tiie Au.stin Republican,
San Antonio Express, and San Antonio Fiee Press to each men.ber,
thti'efore be it

Iia;:olre(I, Tiiat the Secretary be reijuired to take the names of
the few meinbeis who do not desire to take the said papers and
pla"e the amount to be expended for the same to their cretlit, instead
of purchasing the said papers as provided in said resolution.

Mr. jioyd moved a suspension of the rules.

RECONSTRUCTION COXVEXTION JOURNAL. 75

Rules not suspended, and resolution referred to Committee on
Printing.

i\Ir. Tiiomas ofTored the following resolution :

iie ii /-('Solved by the people of Texas in Convention
as.-e/nbled, That the Constitution of 1845, as it existed in the year
1860, except wherein the Siiid Constitution conflicts Avith the Con-
stitution and lav/s of the (jjiited States, is the Constitution of tl:c
Stato of Texas, and tliat in the judgment of this Convention such
alterations cnij should ;)e n;;::do in said State Constitution as are
necessary to adapt it to the .Reconstruction Acts of Congress, and
to the present condition and actiial necessities of the people.

Lir. Thomas moved its re^eience to the Committee on Judiciary.

It was so refoired.

Mr. iuiyie oifered the follovring resolution, and moved its reference
to the CommiitGO on Political or Legislati\e Provisions:

Resolved, That in all taxes accruing on any real estate owned by
persons residing in anotlisr county, the payment of said taxes shall
be at the option of the holder thereof in the county where lie may
resivie or in the county -ivhcre the property lies.

It was so referred.

Mr. liunt ofiercd the folio wins; resolution :

Be it. rcsolccd by tiivj Concent loii^ That the gratitude of the
State of Texas is due in an eminent degree to those o: her citizens
who took up arms in defence of tiie Government of the United
States diiriiig the late rebelliou, and that a proper recognition of
those services liy the State is just and right.

Referred to Committee ori State Afiliirs.

Mr. Caldwell oil'ei ed the following resolution :

Resolved, 1st, That the Commanding-General of the Distiict of
Texas, the Governor, Judges of tlie Supieme and District Courts,
have the privilege of the iloor of Convention Hail within the bar.

2d, That any member shall have the privilege of mvitii;g a friend
to a seat within the bar of the hall.

Mr. Caldwell moved that the rules be suspended to take up reso-
lutiun.

Iiul63 suspended.

Resolution was then read a seco:id time, and ordered to be en-
giossd.

i'.ir. Caldwell moved a further suspension of the rules.

Rales were suspended, resolution read a third time and passed.

Mr. Burnett oil'ered the foUovring resolution :
Whereas, P. Flake, Esq., Editor and Proprietor of Flake Daily
Galresi'oit Bullciin, has kindly proposed to furnish the members of
this Convention, gratis, with copies of his excellent newspaper.

76 KECOXSTRUCTION CONVENTION JOURNAL.

during the session of this Convention ; Therefore be it

Rcsoh't'd, That the thanks of the members of this Convention be,
and they are hereby respejttully tendered to Mr. Flake, that his
kind proposition is accepted, and that we assure him that the same
is duly appreciated.

Mr. Burnett moved that the rules be suspended to take up reso-
lution.

Ivules suspended, resolution read a second time, and ordered to
1)6 engrossed.

]\Ir. Armstrong, of Lamar, moved a further suspension of the
rules, to put the resolution on its third reading.

Carried.

Rules suspended, resolution read a third time and passed.

Mr. Carter offered the following resolution :

Resolved, That the Congress of the United States, if not incon-
sistent witli the relations existing between the Federal Government
and the citizens of IV-xa-, be respectfully petitioned to appropriate a
sum sufficient to remunerate, in whole or in part, the citizens of the
frontier of Texas, for their losses incurred by Indian dejn-edations
since the 25th April. 18G5.

Mr. Carter moved to suspend rules, to allow consideration of re-
solution.

Lost.

The resolution was then referred to Committee on Federal Re-
lations.

jNIr. Wilson, of Brazoria, offered the following resolution :

Resolred, That the Connnittee on Printing be instructed to con-
tract with the Austin ReniibUcaii to publish a synopsis of the de-
bates of this House, in tiie two thousand copies already sul)scribed
to ; Prorided, that they charge not more than seven cents per copy.

Mr. Wilson moved that the rules be suspended, to allow consider-
ation of resolution.

Rules suspended, resolution read a second time, and ordered to
be cngro.sscd.

Mr. McCormick moved a further suspension of rules, to put reso-
lution on its third reading.

Rules were suspended, and resolution read a third time.

Mr. Caldwell moved to refer the resolution to the Connnittee on
Printing.

Withdrawn.

Mr. tSinith, of Galveston, moved it be referred to the Committee
on Printing.

It was so referred.

RECONSTRUCTION CaNVENTION JOURNAL. 77

ISIr. Evans, of McLennan, moved that tlic Convention proceed to
tlte consideration of the business upon the President's table.

The President announced the first business in order was tlie i-e-
port of the Committee on State Affairs, upon the " powers which
the Convention maj legitimately exercise."

Mr. Evans, of McLennan, moved the engrossment of the resolu-
tion accompanying tlie report of the majority.

Resolution ordered to be eno-rossed.

The business next in order was the majority and minority report
of the Committee on the Judiciary, upon the declaration respecting
Sheriffs Forced Sales, introduced by Mr. Flanagan, of Rusk.

Mr. Evans, of McLennan, moved that the majority report be
adopted.

INIr. Hamilton, of Bastrop, moved to adjourn until three o'clock
this afternoon.

Motion withdrawn to allow the President to make a few remarks
upon the necessity of printing the reports, resolutions, and declara-
tions ])rought before the Convention.

Mr Mullins moved to adjourn until 10 o'clock to-morrow morning.

Motion withdrawn to allow Mr. Munroe to make the followinor

report from the Committee on Engrossed Provisions.

Committee Room, June 10, 1868.
To the Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Eng]-ossed Provisions, to whom was re-
ferred the following declarations, find them properly engrossed.

1st. A declaration for the purchase, for the use of the Convention,
and the use of the State and future Legislatures, one hundred and
fifty copies of " Paschal" s Annotated Constitution of the United
States."

2d. A declaration that the Committee on Printing are authorized
and instructed to contract fin*, and have printed, as speedily as prac-
ticable, 200 copies of the Reconstruction Laws of Congress, for the
use of the members of this body.

3d. A declaration of the opinion of this Convention, that it is ne-
cessary in this State, for a change in the Reconstruction Laws, in
relation to the appointment of Registrars.

4th. A declaration, that the Provisional Secretary of State is re-
spectfully requested to furnish the Chairman of each Standing Com-
mittee, one copy of " Paschal's Annotated Digest of the Laws of
Texas;" the same to be returned to the State Library on the ad-
journment of this Convention.

5th. A declaration requesting tlie same officer to direct the State

id RECOXSTRuCTIOX COXVSXTIOX JOURNAL.

Librafian to open tho Stito Library to the members of this Conven-
tion at all roiiionable hour.-:.

Kcipcctfullj submitted,

A. T. MUNROE,

Cliriirman.
On motion the Convention a.djourned until 9 o'clock to-moirow
morniuir.

CAPITOL, AUSTIN, TEXAS,

June 12th, 1868.
Convention met pursuant to adjonrnment. Roll called. Quorum
present.

Pi tijer by the Chaplain.
Journal of yesterday read and adopt?d.

Mr. Tiiomas, from the Committee on Printing, reportol as follows:
To the Hon. E. J. DAVIS,

President of the Convention :
Sir: The Committee on Pri.itin^ in.:Stru3t me to report that they
have contracted fur the public ition of two huudrjd copies of the
Treasury Report, for tho sura of twenty dollars, and a like nuuibcr
of :he Reeonstruclion Acts for the .sum of thirty-five dollars iu cur-
rency. Respectfully submitted,

JAS. W. THOMAS,
Chairman of Committee.
To the Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Printing to whom was referred the accom-
panying resolution offered by Mr. Wilson, o;" Bra:'!oria, relating to
the publication, in the Daily Austin Republican, of the Debates of
this Convention, respectfully submit that thoy have conferred with
Mr. Longley, the publisher of said p iper. and find that tie is willing
to ;)abli-?!i the debater iu tlie two thou-;a;Kl pipers co.itrajted for by
the Convention, for si.Kty dollars per day. which would increase the
price of the [lapers to eight cents per copy. Mr. LongK?y, also,
proposes to publish the debates for forty cents per square of eight
lines nonpareil typo. Your Committee are unable to determine,
without some definite knowledge of the space the debates will occupy,
which of the two propo-iifiofis the Convention should accept, but are
injliued to favor the former, and report back the re-!olution, with the
amendment indicated for the consideration of the Convention.
Respectfully submitted,

JAS. W. THOMAS.

Chairman of Committee.

RECONSTRUCTION CONVENTION JOURNAL. 70

Re!^olrcd, Tlmt the Committee on Priutiii;]; be iiistrucLcd t(? con-
trast Avitli the Austin ItopaMiciu for tiie publication of the debates
of tliis Coii\-cnti;)a. in the two thoas nid copic.; o'' the paper ulrejidy
sub.s'jribed to^ pu'ovided the charge shall not exceed eight cents per

To the Hon. E. J. DAVIS,

President of the Convention :
Sir: The Committee on Printing, to whom Avas referred the rc-
s elation of Mr. Bojd, asking in substance, that a proportionate part
of tiie cost of certain newspapers, containing the proceedings of this
body, be placed to the credit of the few members v^ho do not desire
them, have had the same under consideration, and are of opinion
that tlie papers were not parchased for the benefit of niem'-ers, but
for the informatioa of their con:-:tituent3. In consideration whereof,
your Committee reeommend tliat s lid resolution do not pass, but that
in lieu of it the one herevrith submitted be adopted.

JAS. W. THOMAS,

Chairman of Committee.

Whereas, a resolution having passed the Convention, on the 10th
day of June. 186 .', authorizing the Secretary to furnish a certain
number of the Austin Republican, San Antonio Express, and San
Ant(.)nio Freie Presse to each member of the Convention ; and whereas
it having come to the knowledge of the Convention that certain mem-
bers do not desire s;{id p:ipcrs :

Be it resolved, That the Secretary be reiiuired to take the names
of all such membei's, and forward to the post offices of the counties
which they represent, for distribution, the papers to which tliey are
severally entitled

Mr. Munroe, from the Committee on Engrossed Provisions,
reported as folio ivs :

Committee Roo:\r.

June 11, 18G8.
Hon. E. J. DAVIS,

President of the Convention :
Sir: The Committee on Engrossed Bills, to whom was referred
the following resolutions, after examination, instruct me to rejxirt the
same as correctly engrossed, viz :

6. Resolution requiring the Secretary of the Convention to order
two thousand copies of the Republican of Austin, five hundred
copies of the tri-weekly Freie Presse of San Antonio, and four hun-

80 RECOXSTRUCTIOX CONVEXTIOX JOURXAL,

dred topics of the San xVntoaio clailj Express, foi* the use of mem-
bers of this Convention.

7. Resolution, Tiiat the President of the Convention appoint a
special Committee of Five (5) to investigate the financial affairs of
the State Penitentiarv, since August, 1866, &c.
Kespectfully submitted.

A. T. MUXROE,

Chairman.
Report adopted.

Mr. Detjener offired the followin<ji; Declaration :

ARTICLE OX CORPORATIOXS.

Sectiox 1, Any two or more persons, whether citizens of this
State or not, may associate themselves as a corporation, and u^ on
lodging in the office of the Secretary of State their articles of asso-
ciation, and recording the same in the county wherein their principal
office is established, may, in their corporate capacity, and under a cor-
porate name, indicating the object of the association, engage in any
kind of ])usiness, -with the same powers as a natural person, a citizen
of tills State. The articles of association shall define the object and
powers of the corporation, its duration, the mode of conducting the
business, and the individual liability of its members.

Sec. 2. Any such corporation established for the purpose of con-
structing railroads, may acquire land needed for that purpose, by
desi^inatnii!; the same to the Governor of the State, if the land be-

CO ?

longs to tlie public domain, and by })aying to private owners a just
comp'jiisation to be determined in the manner established by law.
Provided, That, if within one year after such designation, or appoint-
ment, the railroad be not constructed through such land, the same
shall revert to the original owner, subject to the right of the corpora-
tion to make a new designation, or appraisement thereof And
further provided, That no such corporation shall construct a rail-
road (rti the route before designated for another in actual operation,
or on any parallel route, within twenty miles thereof, except at one
terminal point, without first obtaining the consent of the corporation
operating the same.

Sioc. y. All corporations shall keeji within this State an office for
transacting business, and original or duplicate books of accounts and
records; and the President, Secretary and Treasurer, or assistant
officers of like grade and power, sliall reside in this State.

The Legislature may reijuire reports of the condition of all cor-
poratiotis to be made and published, and m:iy j)rovide for the exam-
ination of their books and business.

RECONSTRUCTION CONVENTION JOURNAL. 81

On motion of Mr. Degencr, the Declaration was referred to the
Committee on Internal Improvements.

Mr. Buffington introduced the following declaration :

We, the Peo/)le of Texas, in Convention assembled, do declare,

1st, That it shall be the duty of the Legislature to provide for
the more certain and speedy collection of the fees of the officers of
the Courts.

2nd, That the Legislature of the State shall make it a sufficient
cause to strike from the docket any cause where the costs of the
officers of the court are not paid on, or before, the first day of each
term of the court ; except the parties shall swear that they are not
able to pay such costs.

3rd, That in all cases where indictments are not sustained, the
costs shall become a tax on the State.

Mr. Buffington moved it be referred to the Judiciary Committee.

It was so referred.

Mr Buffing-ton offered the followins declaration :

TFe, the people of Terns, in Convention assembled, do declare,

1st, That it shall be the duty of the Legislature to provide by
law and enforce the collection of any back taxes that may be due
and owing to the State.

2nd, That it shall be the duty of the Legislature to repeal all
laws, and parts of laws, giving time to redeem land sold for taxes.
The legislature shall by law make the sale of land by assessors
and collectors absolute;

Mr. Buffington moved it be referred to the Judiciary Committee.

It w^as so referred.

The President announced the business in order was the unfinished
business of yesterday, upon the motion of ]Mr. Evans, of McLennan,
to adopt the majority report of the Judiciary Committee, respecting
suspending sales by sheriffs.

Mr. Evans, of McLennan, in the chair.

Mr. Hamilton, of Bastrop, moved the report of the majority of the
Judiciary Committee Be re-referred to said committee and printed.

Motion not seconded.

On motion, the Convention adjourned until 9 o'clock to-morrow
mornino:.

CAPITOL, AUSTIN, TEXAS,
June 13, 1868.
Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the chaplain> Journal of yesterday read and
adopted.

82 RECONSTRUCTION CONVENTION JOURNAL,

The President announced a communication from his Excellency
Governor E. M. Pease, trailsmitting the following report from the
Commissioner of the General Land Office, in answer to the resolu-
tion offered by Mr. Talbot on the 8th inst. :

General Land Office,

Austin. Texas, June 11, 1868.
To Ilis Excellency Governor E. M. PEASE :

Sir: In response to the resolution of the Convention, received
"with your note of yesterday, I have the honor to submit the follow-
ing report :

The area of the State, as estimated from the latest data, is
169,969,920 acres.

Of this there have been granted, and claims have been issued
against it as follows :

ACRES.

Granted by the governments of Spain and

Mexico 22,492,057

Headright certificates issued under the laws

of the Republic and State • 31,153,409

Bounty and Donation Warrants issued by

the Republic and State 5,723,983

Lar.d certificates issued under Special Acts of

tlie Republic and State 1,746,258

Scrip certificates under the various laws of

the Republic and State 2,914,936

Grants under Colony contracts by the Repub-
lic and State 4,990,760

Grants confirmed by acts oF the Legislature,

ai)[>roved February 10, 1852 3,741,241

Grants West of the Nueces, confirmed by

the Di.strict Courts 78,219

University Lands, 50 leagues 221,400

County School Lands, 156 counties, four

Leagues eacli ...'..... 2,763,072

Grants to Seminaries of Learning under

special acts ' 123,984

Prc-emjjtion and settler's claims under laws

prior to Nov. 12, 1866 1,346,281

Central National Head 27,116

Raih-oad grants and certificates • • 5,2!>(;.960

Lavaca Navigation (company 30,720

Galveston and JJiazos Navigation Company 60.160
Texas Powder Company 3,840

RECONSTRUCTION CONVENTION JOURNAL. 83

Surveys returned under Donation Act of

November 12, 18G(i 56,160 82,770,556

Maldng a total of 82,770,556 acres, as lia-
bilities against tlie Public Domain of the
State 87,198,364

Deduct tliis from tlie estimated area above mentioned, and there
remain 87,199,364 acres, against which tliere is no outstanding
■claim. This includes the Islands, alternate liailroad sections, and
<all other reserved lands as well as the vacant lands proper now
open to location.

The above number will most prolmbly be increased by aban-
doned locations and forfeited claims, so as to make the unencum-
bered area, say in round numbers, 87,500,000 acres. The greater
portion of this is not included within the limits of the organized
counties.
Of the liabilities against the Public Domain as above

stated, there remain unpatented of Headright Certifi- ACRE-?.

cates of the 1st, 2d and 3d classes 4,014,298

Bounty and Donation AVarrants 872,326

Scrip Certificates 1,214,515

Railroad Certificates 4,147,485

Galveston and Brazos Navigation Company. . 41,600

Texas Powder Company 3,840

Surveys under act of Slovember 12, 1866 .^ 56,160

The several Railroads have received lands and land certificates
amounting to 5,296,960 acres, of .which 1,168,035 have been
patented. A tabular statem.ent marked A, is ti-ansmitted herewith,
shewing the amount of land certificates issued to each company, with
the amount patented by virtue of the same. The attention of the
Convention is respectfully called to this statement, and especially to
Memphis, El Paso and Pacific Railroad Company.

By act of the Legislature, eacli county in the State is entitled to
four leagues of land for school purposes. From a tabular statement
hereto appended and marked B, it will be seen that but few counties
have received the amount of land to which they are entitled, and
that many have received none at all. This statement sliows the
actual condition of the lands that have been surveyed for the coun-
ties named therein.

Fifty leagues have been set apart for the purpose of supporting a
.University.

•Statement C, shows how much of the same has been surveyed,

84 KECONSTRUCTION CONVENTION JOURNAL.

"when located, and tlie (luantitj patented. The entire amount of
University land sold can be ascertained only from the State
Treasurer.

One hundred thousand (100,000) acres each were set apart by
act of 30th of August, 1856, for the Lunatic, Blind, Orphan and
Deaf and Dumb Asylums. Statement C will also show how nmch
has been surveyed for each of these Institutions, and where the lands
are sitiuitcd. None of these lands have been sold.

Of scrip issued during the rebellion for Confederate money and
State Treasury Warrants, 6,400 acres Avas issued under the act of
February 11, 1858 ; 117,920 acres under the act of January 1,
1862 : and 21,280 acres under the act of March 11, I860, together
amounting to 145.600 acres, for which there was received ^^113,816.
Of this Scrip, 48,438 acres have been patented ; 37,322 acres have
been located and field notes returned to this office, and are on file
unpatented, leaving 59,840 acres outstanding, and so far as the
records of the office show, unlocated.

A statement of said Scrip is herewith transmitted, marked D,
also embracing the certificates issued under Special Relief Acts,
passed during the rebellion.

These amount to 83,019 acres, nearly all of which have been
patented. It is proper to remark that none of the class of Scrip
mentioned in this statement, has been patented since I have had
charge of the office.

Under the Act approved December 20, 1861, " To incorporate'
the Texas Powder Company," six certificates of six hundred and
forty acres each were issued on the 27th January, 1862, amounting
to 3,840 acres. Only one of these certificates appears to have
been located and returned to this office. The act of incorporation
provides that " said certificates shall be forfeited to the State if said
manufactory shall not be in successful operation in six months alter
the j)assage of this Act.*' Inasmuch as there is no evidence on
file tiiat said Act has ever been complied with, it is presumed that
the said six certificates are forfeited to the State, and the land
located by virtue of the one returned to this office, i& vacant and
subject to location by geiuiine land claims.

L'nder the Act of December 15, 1863, "To encourage the erec-
tion of certain machinery by donations of land and otherwise,"
Mr. Charles Jiussy, of Anderson county, the Cherokee Furnace
Company of Cherokee county, and the Waco Manufacturing Com-
pany of McLennan county, appear to have taken the necessary
steps to have surveys made for their benefit, ^ut hitherto none have
been returned by citlier of them. The office is not advised whether
any surveys or locations have been made by either of these parties,

RECONSTRUCTION CONVENTION JOURNAL. H-'J

but it would save the office some embarrassment if tbe Convention
would say whether locations and surveys under this law shall be
res{)ectcd.

The Act of November 12, 18G6, donates 160 acres of land
to actual vldte settlers. Under this law there have been surveyed
56,160 acres; but as tbe law provides for a residence of tiiree years
upon the land before the settler shall be entitled to a patent, none
have yet issued to this class of settlers. Inasmuch as there is a
discrimination in favor of the white citizen to the prejudice of tiie
colored, parties who have returned field notes of surveys, have been
informed that their locations would be respected, but that no patents
could issue to them until there was furtber legislation on the
subject.

This course suggested itself in view of the Civil Rights Bill
pas.sed by Congress on the 9th of April, 1866, which provides in
substance that the colored citizen shall have the same rigbts in all
the States and Territories of the Union as are granted to the white
citizen. The subject is respectfully suljmitted to the Convention.

A statement of the amount of land reserved by law from loca-
tion, together with the counties in which they are situated, is hereto
appended, marked E. These lands amount to 2,654,108 acres, and
together with the reserve of eight miles on each side of the Mem-
phis, El Paso and Pacific Railroad line, are believed to embrace
some of the choicest lands of the State.

It will be seen by an examination of this statement, that but a
small portion of these lands have been sold and patented as con-
templated by law, whereas, if they were thrown open for location
and settlement, under a liberal Pre-emption Homestead law, there
can be but little doubt that they would be rapidly taken up and be-
come a source of revenue to the State.

Verv respectfully submitted,

JOSEPH SPENCE.

RECONSTRUCTIOX CONVENTION JOURNAL,

A. — The following list s/ioivs the mimber of Certificates, u-itk
amount of Land issued to each Railroad, and other Coni-
jyanies respectively.

AMOUNT OF

AMOUNT '

AMOUNT OF

NAME OF COMPANY.

CERTIFI-
CATES

OF j
LAND

LAND TO
BE

ISSUED.

PATENTED.

Buffalo, Bayou, Brazos and

Colorado 11. R. co

688.640

560,730'

127.910

Eastern Texas R. R. co

286.720

Galveston and Brazos Navi-

gation CO

60.160

1&.560

41.600

Houston & Texas Cen. R. R. co.

&96.000

151.680

744.320

Houston Tap and Brazoria R.

R. CO

512.000

6&;120

442.880

Lavaca Navigation co

30.720

Mem., El Paso & Piic. R. R. co.

262.400

59.145

203.255

San Antonio and Mexican

Gulf R. R. CO

277.120

50,500

226.560

Southern Pacific R. R. co

160.000

14.720

145.280

Texas & New Orleans R. R. co.

1,228,800

13.440

1,215.360

"Washington County R. R. co.

243.200

Galveston, Houston and Hen-

derson R. R. CO

512.000

5^157.760

968.675

4,189.085

Southern Pacific R. R. co.

under Act, January oOtl),

lHr,4

230.0S0

230.080

Total

$5,387,840

$1,198,755

!^4,] 89.085

RECONSTRUCTION CONVENTION JOURNAL.

B. — Abstract of School Lands.

WHERE

COUNTY.

QUANTITY.

SITUATED.

REMARKS.

Anderson

13,627 Acres

Anderson

Patented

2268

Not Patented

Austin

4 Leay;ues

Lampasas

Patented

An<i:elina

Clay

Not Patented

Archer

No Survey returned
June, 1868.

Atascosa

No Survey returned
1868.

Bandera

2 Leagues

Kenney

Patented

2 "

Not Patented

Bastrop

Bexar

Patented

Baylor

No Survey returned
1868.

Bell

3 Leagues

Cook & Wise

Patented

Archer

Patented

Bexar

2 "

Kinney

Not Patented

2 "

IMason *and

Kimble

Not Patented

Blanco

No Survey returned
June, 18GS.

Bosque

4 Leagues

Clay

Not Patented

Bowie

20,G2o,916 Sq. vrs.

Bowie

Patented

3.522,480 " "

Correct on map 1867

30,291,070 " "

and not Patented

Brazoria

1 League

Coleman

Patented

Uvalde and

Medina

Patented

Bee

85,892.448 Sq. vrs.

San Patricio

Not Patented

11,356,023 " ''

Goliad

Not Patented

Brazos

4 Leagues

Cook

Patented

Brown

Not Patented

Burleson

Palo Pinto

Patented

Burnet

2 Leagues

Coleman

Patented

2 ^'■

Runnels

Patented

Caldwell

Brown

Patented

9,865,819 Sq. vrs.

Brown and

Coleman

Patented

2,636.390 " "

Not Patented

88 RECONSTRUCTION CCXVENTION JOURNAL.

B. — Abstract of School Lands. — Continued.

WHERE

COUNTY.

QUANTITY.

SITUATED.

REMARKS.

Calliouu

3 Leagues

Cook k Clay Patented

Montague

Contains only 23,-
641,326 Sq. vrs.
Not Patented

rallahan

No Survey returned
June, 1868.

Cameron

1^ Leagues

McMullen

Patented

( linmliprs

No Survey returned
June, 1868.

\^ llvl^Xl tj\. i o

Cherokee

4 Leagues

Archer, Clay Conflicts with other

& Wichita

lands and not Pat-
ented

Clay

No Survev returned

June, 1868.

Coleniun

No Survey returned
June. 1868.

Collin

98,954,635 Sq. vrs.

Collin

Patented

Colorado

4 Leagues

Baylor and
Throckmor-

ton

Patented

Comal

SI Leagues

Coleman and

Callahan

Patented

2214 Acres

Comal

Patented

Comanche

2 Leagues

Comanche

Patented

10.09(3,045 Sq. vrs.

Brown

Patented

7.90!i.004 " "

Comanche

Patented

7,01li299 " "

Hamilton

Patented

Concho

No Survey returned

June, 1868.

Cook

2 Leagues

Wise

Patented

2 "

Cook

Not l\itented

Coryell

Ilaskill

Patented

l)alla.s

ir "

Wise & Ar-

cher

Patented

Davis

1 League

Davis

Patented

I9.7G.S.1(;7 Sq. vrs.

Patented

8,702.714 " "

((

Not Patented

20,234,003 " "

Hill

Not Patented

RECONSTRUCTION CONVENTION JOURNAL. 89

B. — Abstract of School Laiids. — Continued.

COUNTY.

QUANTITY.

WHERE
SITUATED.

REMARKS.

DeWitt

No Survey returned
June, 1868.

Demniitt

No Survey returned
June, 1868.

Duval

No Survey returned
June, 1868.

Ellis

53,873,490 Sq. vrs.

Ellis

Patented.

17.117,307 " "

Hill

3,613,440 " "

Johnson

9,883,075 " "

Hill

Not Patented.

El Paso

Bexar

Patented.

Encinal

No Survey returned
June, 1868.

Erath

4 Leagues

Erath

Patented.

Falls

Wise

10,200.370 Sq. vrs.

<.(.

39,799,630 " "

Arclier

Fannin

75,000,000 Sq. vrs.

Cook

Not Patented.

Fayette

23.677.276 " "

Baylor

Patented.

13,920,799 " ''

Fayette

11,065 Acres

Fort Bend

3 Leagues

Coleman

((

1 "

Davy'son and
Uvalde

Freestone

4 "

Cook & Clay

Frio

No Survey returned
June, 1868.

Galreston

4 Leagues

Hood

Patented.

Gillespie

4 "

Young

Goliad

3 -

Jones

1 "

Taylor

Gonzales

1 "
17.664,384 Sq. vrs.

Gonzales

Not Patented.

Grayson

2 Leagues

Clay

Patented.

1 ''

Wise

1 "

Archer

((

Grimes

1 ^'

Jones

Patented.

1 ^'

Not refd in time

2 -

Taylor

90 RECONSTRUCTION CONVENTION JOURNAL.

B. — Abslract of School Lands — Continued.

WHERE

COUNTY.

QUANTITY.

SITUATED.

REMARKS.

Guadalupe

4 Leagues

Bexar

Not Patented.

Hamilton

57,139,(373 Sq. vrs.

Hamilton

Patented.

42,861,327 '' '•'

Not Patented.

Hardeman

No Survey returned
June, 1868.

Hanlin

31,263,242 Sq. vrs.

Hardin

Not Patented.

Harris

4 Leagues

Harris

Harrison

25,947,000 Sq. vrs.

Harrison

Patented.

20,88^ Acres

Half League

Runnels

Jones

Haskell

No Survey returned
June, 1868.

Hays

3^ Leagues

Brown

P.atentcd.

Henderson

No Survey returned
June, 1868.

Hidalgo

No Survey returned
June, 1868.

Hill

4 Loa^^uos

IMoutague

Patented.

Houston

100,000,000 Sq. vrs

Trinity

Hood

No Survey returned
June, 1868.

Hopkins

10,008,475 Sq. vrs.

Hoi)kins

Patented.

1 League

Cook

Hunt

4 "

Wise & Mon-

tague

Jack

4 "

Clay & Mon-

tague

Jackson

No Survey returned
June. 1868.

Jasper

1 League
1 "
1217 Acres

Hopkins

Patented.

((

Not Patented.

13.284 "
4 Leagues

JefTerson

Arclier

Pali'Utod.

Johnson

1—1

Johnson

75,000,000 Sq. vrs.

1 "

RECONSTRUCTION CONVENTION JOURNAL.
B. — Abstract of School Lands. — Continued.

COUNTY.

QUANTITY.

AVIIERE
SITUATED.

REMARKS.

Jones

No Survey returned
June, 1868.

Karnes

1 league

Karnes

Patented.

Kaufman

4 leagues

Cook

Patented.

Kendall

No Survey returned
June, 1868.

Kerr

2 leagues

Brown

Patented.

46,994,050

sq. vrs.

Kimball

No Survey returned
June, 1868.

Kinney

No Survey returned
June, 1868.

Knox

No Survey returned
June, 1868.

Lamar

12.055,716

sq. vrs.

Lamar

Patented.

87.447,S86

sq. vrs.

do.

Not Patented.

Lampasas

72.200,000

sq. vrs.

Comanclie

Patented.

27^651,299

sq. vrs.

Not Patented.

La Salle

No Survey returned
Patented. [June '68

Lavaca

30,612,835

sq. vrs.

Hood

28.824,200

Erath

8.333,833

Callalian

7,223,080

ii.

Eastland

1 league

DeWitt and
Gonzales

Leon

51.218,250

sq. vrs.

Hill

43,359,360

((

Parker

5.419.561

Denton

Liberty

19,919.067

sq. vrs.

Polk

10.210,533

Not Patented.

2,240 acres

Patented.

1 league
1,280 acres

Tyler

a
li

Limestone

1 loague
4 leagues

H.ardin
Cook <i Mon-
tague.

Live Oak

No Survey returned

JunC; 1868.

RECOXSTRUCTION COXVEXTIOX JOURNAL.
B. — Abstract of School Lands. — Continued.

COUNTY.

QUANTITY.

WHERE
SITUATED.

REMARKS.

Llano

4 leagues

Bexar

Patented.

McCulloch

No Survey returned
June, 1868.

]\IcLoinian

4 leagues

Eastland

Patented.

McMuUen

No Survey returned
June, 1868.

]Madison

4 leagues

Clay and Ar-
cher

Patented.

Marion

4 leagues

Clay

Mason

No Survey returned
June, 1868.

Matagorda

100,000,00C

) sq. vrs

Denton &
Wise

Patented.

Maverick

No Survey returned
June, 1868.

Medina

2 leagues

Medina &
Uvalde .

Patented.

26 labors

Bexar

24 la')ors

Uvalde

Not Patented.

Menard

No Survey returned
June, 1868.

Milam

2 leagues

Johnson

Patented.

2 leagues

Hood

Montague

4 leagues

Clay

Montgomery

62,022,074
10 labors

sq. vrs.

Montgomery

Not Patented.

Nacogdoches

43.:}(i2.0;U

sq. vrs.

Van Zandt

Patented.

12..S06.745

Up.sliur

18,000,000

Henderson

((

640 acres

27.156,877

3(1- vrs.

Trinity

((

Navarro

1 \ K-agnes

Navarro

((

57,7'.i;V,»;o^

S(j. vrs.

do. k Hill

8.H70.056

Jack

Newton

4 leagues

Clay k
Archer

Nu,ece9

51,803,000

sq. vrs.

Live Oak

48,607,000

Nueces

Not Patented.

RECONSTRUCTION CONVENTION JOURNAL. 98

B. — Abstracl of School Lands. — Continued.

WHERE

COUNTY.

QUANTITY.

SITUATED.

REMARKS.

Orange

4 leagues

Clay

«
Patented.

Palo Pinto •

4 •'

Archer

Panola

4 "

Wise &

Montague

Parker

4 leagues

Clay

Polk

24,997,195
3 leagues

sq. vrs.

Polk

Throckmor-
ton

ii
ii

Presidio

No Survey returned
June, 1868.

Red River

4 leagues

Not Patented.

Refugio

39 160 160

sq. vrs.

Live Oak

14,349,808

Patented.

10.650,192

Refugio

1 league

Live Oak.

10,839,840

sq. vrSi

Bee & San
Patricio

Patented.

Robertson

23,107,000

sq. vi'S.

Baylor

1 league

Navarro

ii.

Runnels

No Survey returned
June, 1868.

Rusk

2,540,250

sq. vrs.

Hunt

Patented.

15,969,705

46.913,635

ii.

Shelby

Patented.

31,173,750

Sabine

No Survey returned

June. 1868.

San Augus-

tine

No Survey returned
June, 1868.

San Patricio

4 leagues

San Patricio

Patented.

San Saba

4 leagues

Bexar

Shackleford

No Survey returned
June, 1868.

Shelby

2 leagues

Tarrant

Patented.

i2 leagues

Hunt

Not Patented.

94 RECONSTRUCTION CONVENTION JOURNAL.

B. — Abstract of School Lands. — Continued.

V/HERE

COUNTY.

QUANTITY.

SITUATED.

REMARKS.

Smith

»
28.204,047 sq. vrs.

Denton and

Wise

Patented.

71,795,953 "

Not Patented.

Starr

No Survey returned
June, 1868.

Stephens

No Survey returned
June, 1868.

Tarrant

100,000,000 sq. vrs.

Wichita

Patented.

Taylor

No Survey returned
June, 1868.

Throckmor-

ton

No Survey returned
June, 1868.

Titus

3 leagues

]\Iontague

Patented.

10,917,430 sq. vrs.

Titus

Travis

4 leagues

Baylor and
Throckmor-

ton

Patented.

Trinity

18 labors

Trinity

82 labors

Not Patented.

Tyler

100,000,000 sq. vrs.

Hill

Upshur

4 leagues

Baylor a n d
Throckmor-

ton

Patented.

Uvalde

23 labors

Zavalle and
Uvalde

Van Zandt

4 leagues

Wise

Patented.

A^ictoria

2S leagues

Callahan

((

8,333,320 sq. vrs.

Callahan and

Coleman

Patented.

Walker

4 leagues

Montgomery

Wasliington

Bc.xar

Patented.

Wel)b

No Survey returned
June, 1868.

Wharton

2 Ica-ues

Runnels

Patented.

,121 hibors

((

RECONSTRUCTIOX CONVENTION .lOUllNAL, 95

B. — Abstract of School Lands — Concluded.

COUNTY.

QUANTITY.

WHERE
SITUATED.

REMARKS.

Wichita.

No Survey returned

June, 1868.
No Survey returned

June, 1868.
Patented.

No Survey returned

Willbarger
Williamson

Wilson

3582 acres
640 acres
1 league

Burnet

Lampasas

Burnet

Wise
Wood
Young
Zapata

Zavalla

4 leas;ues
4 leagues
2 leagues

Haskell

Clay & Jack
Young

June, 1868.
Patented.
Not Patented.
Patented.
No Survey returned

June, 1868.
No Survey returned

June, 1868.

General Land Office,

Austin, Texas, June 11th, 1868.

EECONSTRUCTION CONVENTIOX JOURNAL.

C. — Statement show in g the amount of University land surveyed,
where located, and the amount patented. Also, the ainoujit of
land surveyed for the several asyhrms, and where located.

UNIVERSITY LAND.

WHERE LOCATED.

Buchanan county

Ccoke

Cullin

Callahan

Fannin ' 35.571

Gravson , 80^437

Huiit ! 7.513

McLennan .
Shackelford

LUNATIC ASYLUM.

Biiclianan county ] 6,909 acres.

Callalian cuuiity 13,395 acres.

Taylor and Callahan counties 2,859 acres.

Shackelford ctjuuty 35,151 acres.

Taylor county 32,386 acres.

100,700 acres.

RECONSTRUCTION CONVENTION JOURNAL. 97

C. — Slatcmeut Showing the amount of University land surveyed,
■where located, and the amonnt patented. Also, the anumnt of
land surveyed for tJte several asylums, and where located —
Continued.

BLIND ASYLUM.

Buchanan county 18,108 acres.

Buchanan and Shackelford counties 7,174 acres.

Jones countj 4,800 acres.

Jones and Shackelford counties 8,120 acres.

Shackelford 31,441 acres.

Taylor county 11,457 acres.

Taylor and Callahan counties 15,360 acres.

96,520 acres.

DEAF AND DUMB ASYLUM.

Callahan county --- ___ 29,660 acres.

Comanche county ---- 19,382 acres.

Eastland county -----______ 8,160 acres.

Eastland and Comanche counties ------ 8,160 acres.

Jones county ------------ 32,939 acres.

98,301 acres.

ORPHAN ASYLUM.

Buchanan county _-_. 7.3S8 acres.

Buchanan and Shackelford counties 14,059 acres.

Callahan county ----_--_-_- 27,188 acres.

Jones county ------------ 35.353 acres.

IShackelford county ---------- 12.780 acres.

96,768 acres.
7

RECONSTRUCTION CONVENTION JOURNAL.

C. — Sitatcment shoiphiy Ihe amount of University land surveyed,
ir/iere located, and the amount patented. Also, the ainonnt of
land surveyed for the several asylums, and where located —
Concluded.

RECAPITULATION.

Universitj _ - _ -
Lunatic Asylum - -
Blind Asjlum - - -
Doaf and Dumb Asylum
Orplian Asylum - - -

Acres.
210,528
lOO.TOO
96,520
98,301
96,768

< <

Acres.
32,777

General Land Office,

Austin, Texas, June 11, 1868.

RECONSTRUCTION CONVENTION JOURNAL. 99

D. — Statement of Land Scrip iss7ted during the Rebellion, fthow-
in(j nivtnher of acres., amount for which they were sold, (jvun-
tily of land patented, quantity .surceyed and unpatented.,
and amount outstanding. Aho., the amount of Certificates
issued under special acts passed by the Legislature from
March 1, 1861, to November 13, lb66.

PRICE

RECEIVED.

LAND SCRIP. JAMOUNT

NO. OF
ACRE;:.

AMOUNT ^^'TSUrJ OUT-
PATENT B™^^,^,,^^™'«-
UNPAT D. 1

UNDER WHAT
ACTS.

6400
117920

21280

6400 00
64856 00
42560 00

6400

37878 25323 54720

4160 12000' 5120

Feb. 11, 1858.
Jan. 1, 1862.
Mar.11,1863.

145,600 113,816 00

48438 37323 59840

RECAPITULATION.

Amount of Scrip Issued 145600 Acres.

do. do. Patented 48438 do.

do. do. Surveyed and not Pat d 37323 do.
do. do. Outstanding 59840 do.

SPECIAL ACTS CERTIFICATES,

issued under laws passed from march 1861 TO NOV. 1866.

no. of acres.

83019. All of vrliich has been Patented.

General Land Ofifice,

Austin, Texas. June 11, 1868.

100

RECOXSTHrCTION CONVENTION JOURNAL.

E. — Sfafemciif of Alternate Sectioiis of Different Railroads aird
other Companies.

WHAT ROAD.

WHERE
LOCATED.

1 NUMBER OF NUJIBER OF
i S-ECTIONS. ACRES.

Eastern Texas R. R. co.
Southern P. R. R. co.
Houston & T. C. R. R. co.
Houston & T. C. R. R. CO.
Southern P. R. R. co.
Lavaca NaA'igation co.
H. & T. C. R. R. CO.
M. & El P. R. R. reserve.

Houston k T. C. R. R. co.
J/avaca Navigation co.
BuftliloB. B.^.Jt C. R. R. CO.
Ruffido B. B. & C. R. R. CO.
Jloustoii & T. C. R. R. CO.
Buffalo B. B. & C. R. R. CO.
M. El P. R. R. CO.
Texas & N. 0. R. R. co.
H. & T. C. R. R. CO.
S. A. k jSI. G. R. R. CO.
M. & El P. R. R. reserve.
Houston & T. C. R. R. co.
iJufialo B. B. &C.R. R. CO.
Ilouslon k T. C. R. R. CO.
S'luthern Pacific R. R. co.
l-i.-hcr's (^' Miller's Colonv.
liulValo W. W.k C. R. R.cH).
S. P. R. R. Co.
Buffalo B. B. & C. R. R. CO.
liuffalo 15. B. k C. R. R. CO.
\\. k'W C. W. R. CO.
M. El Paso R. R. reserve.
Southern P. R. II. co.
B. B. B. & C. R. R. CO.

25 Sec.

40 Sec.
114 Sec.
4it Sec.

Angelina
Archer
Austin
Baylor
Bexar Ter'j 297 Sec.
" 28 Sec.

" " 6G Sec.

Bo\vie

Sold bj the State

Balance re maining:

Brazoria

61 Sec.

2 Sec.

Brown

12 Sec.

Callahan

76 Sec.

Chambers

31 Sec.

Clay

16 Sec.

14 Sec.

12 Sec.

6 Sec.

((

1 Sec.

Collin

Colorado

4 Sec.

1 See.

Comanche

48 Sec.

Concho

29 Sec.

Cooke

Davis
Denton

Eastland

201 Sec.
4 Sec.
i20 Sec.
il Sec.
!8 Sec.
J4 Sec.
118,451 A'rs.
2(> Sec.
;« Sec.

16,000
25.600
72,960
31,360

250.240

22.340

640

21,700

40.320

7.6.^0

48,640

19,840

31,360
1.066

3.200
27.520

147,200

15.360
640

26,141
21,760

RECONSTRUCTION CONVENTION JOURNAL.

101

E. — Statement of AUeniate Sections of Different Railroads and
other Co?npanies. — Continued.

WHAT ROAD.

WHERE
LOCATED.

NUMBER OF
SECTIONS.

NUMBER OF
ACRES.

Memphis & El P. R. R. co. Fannin
Houston & T. C. R. R. co.'Fort Bend

4,349

64'Sec'.'"'"

40,960

Washino'tonCountjR. R. co. Gulveston

16 Sec.

10,240

H. & tT C. R. R. CO.

Grimes

2 Sec.

H. T. & B R. R. CO.

2 Sec.

2,560

Houston & T. C. R. R. co.

Hardin

12 Sec.

Houston T. & B. R. R. co.

6 Sec.

T. & N. 0. R. R, CO.

2 Sec.

G. & B. Navigiitiou co.

3 Sec.

14,720

Sold by the
Balance re
Hardeman

State
maining
32 -Sec.

640

14,080

Houston & T. C. R. R. co.

20,430

AYasliinirton Co. R. R. co. Harris

52 Sec.

H. & T. C. R. R. CO.

44 Sec.

H. T. k B. R. R. CO.

25 Sec.

77,440

S. P. R. R. CO.

Harrison

1 Sec.

640

Bufialo B. B. & C. R. R. co.iHaskell

40 Sec.

H. & T. C. R. R. CO.

31 Sec.

45,440

H. & T. C. R. R. CO.

Hill

3 Sec.

H. T. & B. R. R.

2 Sec.

3200

S. P. R. R. CO. Jack

5 Sec.

3200

H. & T. C. R. R. CO. Jasper

34 Sec.

21,460

Texas & N. 0. R. R. co.

Jefferson

36 Sec.

H. T. & B. R. R. CO.

10 Sec.

29,440

H. & T. C. R. R. CO.

Johnson

14 Sec.

S. P. R. R. CO

2 Sec.

10,240

Buffalo B. B. & C. R. R. co. Jones

76 Sec.

H. & T. C. R. R. CO.

11 Sec.

. 55.680

Fisher's k Miller's Colonj. Kimble

26 Sec.

16,640

H. & T. C. R. R. CO. Knox

50 Sec.

H. T. & B. R. R. CO.

3 Sec.

33,920

Memphis & El Paso R. R.:

reserve.

Lamar

15,507

102

RECONSTRl'CTIOX COXVEXTIOX JOURNAL.

Staiement of Alternate Sections of Dlfercnt Railroads ajid
other Companies. — Coutinaed.

WHAT ROAD.

WHERE
LOCATED.

NUMBER OP
SECTIONS.

NUMBER OF
ACRES.

CO.

Sold by the
Balance re
Liberty

State
maining
41 Sec.

4.409

11,098

lloiiston & T. C. R. R.

Texas & N. 0. R. R. co.

21 Sec

Washington county R. R.

CO.

11 Sec.

46.720

Fisher's & Miller's Colony. Llano

85 Sec.

54,400

a ct u

McCulloch

445 Sec.

292,800

S( U ((

Mason

156 Sec.

99.840

(.: 11 ii

Menad

168 Sec.

104,820

Eastern T. R. R. co.

Montague

24 Sec.

H. & T. C. R. R. CO.

15 Sec.

B. B. B. & C. R. R. CO.

3 Sec.

S. A. & M. G. R. R. CO.

1 Sec.

27,520

Texas & N. 0. R. R. CO.

Montgomery

9 Sec.

AVasiiin«2;ton county R. R.

CO.

((

5 Sec.

H. T. & B. R. R. CO.

1 Sec.

9,600

11. &. T. C. R. R. CO.

Newton

15 Sec.

9,600

iMemphis k El Paso R.

reserve.

Palo Pinto

28 Sec.

S. P. R. R. CO.

2 Sec.

19,200.

^kMupiiis tfe El Paso R.

reserve.

Parker

252 Sec.

11. Tap & B. R. R. CO.

18 Sec.

172.800

Washintrton county R. R.

CO.

Polk

18 Sec.

11,520

P,u(]-alo'B. B. c"t C. R. R.

eo. Reil River

8 Sec.

Memphis i*!: El Paso R.

reserve.

ii ii

Bal. of Sec.

26,007

Sold by the
Balance re
Robertson

State
maining
2 Sec.

841

•

25,166

lIoust..n ct T. ('. R. R. c

1,280

Fisher's iV Miller's ( 'ol(

">'■

Runnels

44 Sec.

28.160

Houston & T. C. R. R.

eo.

Sabine

4 Sec.

2,560

RECONSTRUCTION CONVENTION JOURNAL.

10.^

E. — Statement of Alternate Sections of Different Railroads and
other Companies. — Concluded.

AVHAT ROAD.

WHERE
LOCATED.

NUMBER OF
SECTIONS.

NUMBER OF
ACRES.

Fisher's & Miller's Colony.

San Saba

200 Sec.

128,000

Southern P. R. R. co.

Stephens

30 Sec.

19,200

Memphis & El Paso R. R. co.

Tarrant

8 Sec.

5.120

Buffalo B. B. & C. R. R. co.

Throckmor-
ton

135 Sec.

80,400

Buffalo B. B. & C. R. R. co.

Titus

4 Sec.

2,560

Galveston & B. Nav. co.

Tjler

43 Sec.

Washington county R. R. co.

2 Sec. .

28.800

Houston & T. C. R. R. co.

Wilbarger

205 Sec.

131,200

Houston & T. C. R. R. co.

Wichita

20 Sec.

12.800

Buffiilo B. B. & C. R. R. CO.

Wise

2 Sec.

Memphis & El Paso R. R. co.

19,058

Sold by the
Balance re

State
maining

140

18,918

RECAPITULATION.

Total Amount in Acres 2,554,108

Amount Sold by the State ... 6,030

Balance Remaining 2,548, ,070

104 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Talbot moved it be referred to Committee on Education. It
■was so referred.

Mr. Armstrong introduced the following declaration and petition :

A Declaration establishing new Counties.

Be it declared by the People, in Convention assembled, That
the Legislature maj establish now counties for the convenience of
the inhabitants of this State ; provided no new county shall be estab-
lished which shall reduce the county or counties, or either of them
from which said new county shall be taken, to a less area than nine
hundved square miles (except the counties of Bowie and Marion).
But the county of Delta is hereby established out of portions of the
counties of Lamar, Fannin, Hunt and Hopkins, the same bounded as
follows, to-wit : beginning at a point where the east line of Hopkins
county crosses the Sulphur fork of Red river, thence south with the
south fork of Sulphur to a ))oiut at the confluence of south and mid-
dle Sulphur, thence Avith JNIiddle Sul))hur to the ninety-sixth degree
of longitude ; thence with said line north to a point wliere said line
crosses North Sulphur ; thence down said North Sulphur with its
meanders to the place of beginning, and that the county of Delta
proceed to organize the same in accoi'dance with the laws. Every
new county, as to the right of suifrage and representation, shall be
considered a part of the county or counties from which it was taken,
until entitled by numbers to the right of separate representation.

Mr. Armstrong moved its reference to the Committee on General
Provisions.

It Wcus so referred.

To the honorable Delegates of the Sta.'e of Texas, in Convention
(isscnd)k'd :
The uiidi'i-signed resident citizen-; of the counties of Lamar, Fannin,
Hunt and Hopkins, would respectfully show unto your honorable
body that in consequence of the central locations of the diiferent
county seats in the four counties above named, and natural barriers
presented by such streams as the Sul])hur and the Bois d'Aro, and
going to and from the towns of Paris, Bonluim, Greenville and Tur-
r.int, public justice, the business aflfiirs, and convenience generally of
tlic undersigned, people who reside in the annexed boundary, is
greatly disturbeil at all seasons of the year*by high waters, bad
mads, and various other causes, wherefore tiiey refer to Cordova's
maj) of T<!xas, and ask that a new county be made within the follow-
ing boundirics, to-wit: Ji. 'ginning in the county of Hopkins, at a
])oint the confluence of the north and south frongs of Sulphur ;

RECONSTRUCTION CONVENTION JOURNAL. 105

thence south with the south fork of Sulphur to a point, the con-
fluence of South and Middle Sulphur ; thence with Middle Suljiliur
to the ninetj-sixth degree of longitude ; thence with said line north
to the point where said line crosses said North Sulphur; and from
said point back with the meanders of the North Sulphur to the jdace
of beginning. Your petitioners would further most earnestly submit
that they believe that the creation of this ncv/ county, to be called
by such name as your honorable body may adopt, would not only be
of interest to them, but of incalculable advantage to the people of the
respective counties from which the territory is taken, and the entire
State at large. Whei'efore we pvay as before.

N. B. We would offer for your consideration the word " Delta.''

Signed by C. E. Kingston and 401 others.
. Mr. Munroe. from the Comraittee on Engrossed Provisions, made
the following report :

Committee Room,
June 12, 1808.

To the Hon. E..J. DAVIS,

President of the Convention:

The Committee on Engrossed Provisions instruct rac to report the
following resolutions and report a5 correctly engrossed :

First, resolution " That the Committee on Printing be instructed
to contract with the Austin Republican to publish a synopsis of the
debates of this House, in the two thousand copies already subscribed
to. provided that they charge not more than seven cents per copy."

Second, resolution tendering the thanks of this Convention to F.
Flake, Esq., of Flake's Bulletin, for his proposal to furnish copies of
his newspaper gratis to the members of this Convention.

Third, resolution dispensing with the reading of the report of the
Superintendent of Education, and ordering five hundred copies to be
printed for the use of this body.

Fourth, resolution granting privilege of the floor of the Conven-
tion to the Commanding General of this district, Governor of the
State, and Judges of the Supreme and District courts, and allowing
members to invite friends within the bar of the hall.

Fifth, report of Chairman on State Afifliirs, defining powers and
duties of the Convention.

Respectfully submitted,

A. T. MUNROE.

Chairman.

Report adopted.

Mr. Degener, from the Special Committee on the Division of the
State, made the foilov>-ing rep.ort :

106 reconstruction contention journal.

Committee Room,

June 12, 1868.
Hon. E. J. DAVIS,

President of the Convention.
Sir : The Special Committee on Division of the State has
instructed me to report the following resolution :

" The President of the Convention is respectfullv requested to
telegraph at once to the Speaker of the House of Ropresentatives in
Washington, for a full cop/ of the bill offered by the Reconstruction
Conunittec for the division of Texas into three States, to be sent bj
telegraph. And is hereby authorized to draw the amount of
expenses from the funds set apart for the Convention.""
All of which is respectfully submitted.

E. DEGENER.
In behalf of Committee on Division of the State.

Mr. Degener moved the saspensioji of the rules for the consider-
ation of the resolution.

Lost.

Mr. Evans, of McLennan, introduced the following resolution :

Be it resolved, That the Commanding General of the Fifth Mili-
tary District be, and he is hero^^y requested to approve the siction of
this Convention, by his order appropriating the sum of .si 25,000, or
so nmch thereof as may be necessary, from the treasury of the State
of Texas, to defray the expenses of this Convention.

Mr. McCormick moved its reference to the Committee on Contin-
gent Expenses.

It was so referred.

Mr. Smith, of Galveston, offered the following resolution :

Jiesolred. That the President be and is hereby authorized to
appoint a folder or page to put up the documents furnished the mem-
bt-rs for circulation, whose per diem pay shall be the same as that
allowed other pages or messengers.

Mr. Smith moved a suspension of rules for the consideration of
the- resolution.

Lost.

Mr. Smith moved its reference to Committee on Contingent
Expenses.

It was so referred.

Mr. Butler moved suspension of rules to take up resolution:
resficcting Penitentiary.

Rules suspemled.

Mr. llamiltiui. (if Travis, offered the following amendment:

Amend l)y inserting alter the word " con^mittee,"' " or any one or

RECONSTRUCTION CONVENTION JOURNAL. 107

more of them "; and by striking out the word " directed," and
inserting the word " authorized."
. Mr. Butler offered the foHowing amendment to the amendment :

" And that they be authorized to employ an accountant."

Amendment accepted by Mr. Hamilton.

INIr. Hamilton, of Travis, offered the following substitute for the
whole :

Resolved^ That the Committee to examine the Penitentiary of the
State, or any one or more of them, at their discretion, be and they
are hereby authorized to proceed to Huntsville, to carry into effect
the order of this Convention, and that they be authorized to employ
an accountant to aid them in their investigations, at a, price not to
exceed dollars per diem.

Substitute adopted.

Mr. Butler moved that the blank be filled by " eight" dollars.

Adopted.

The resolution was then ordered to be engrossed.

Mr. Caldwell offered the following declaration :

A Declaration in relation to Railroads.

Whereas, There is pending before Congress a bill to aid in the
construction of the International Pacific Railroad, from Cairo, in
Illinois, to the Rio Grande river, to authorize the consolidation of
certain railroad companies, and to provide homesteads for the
laborers on said roads, which bill contemplates aid by the United
States in the rapid construction of a continuous line of railroad and
telegraph from Cairo, in Illinois, through the southeastern portion of
^Missouri and central districts of Arkansas, Texas and Mexico, to
San Bias, on the Pacific Ocean, and which enterprize, in the opinion,
of this Convention, ought to be encouraged ;

Be it therefore ordained by this Convention, That Brazos
Branch Railroad Company and the Henderson, Marshall and Jeffer-
son Railroad Company are hereby consolidated into one company, to
be known as a corporation with perpetual succession, to be styled the
International Pacific Railroad Company, which shall have all the^
powers and franchises granted l)y the laws creating said first named
railroad companies, and, also, the exclusive right to construct and
operate a telegraph line along said railroad.

Second, Said International Railroad Company shall have the power
to build, equip and maintain a railroad with a single or double track,
commencing at a point on the eastern boundaiy of tlie State of
Texas, connecting with the International Pacific Railroad from Cairo.
Thence running in a southwesterly direction across the State of

108 RECONSTRUCTION CONVENTION JOURNAL.

Texas, to a suitable point on the Rio Grande river, below Eagle
Pass, in the direction of San Bhis, on the Pacifio Ocean: and, also,
the exclusive right to construct and operate a telegraph line along
said railroad.

Third. Said International Pacific Railioad shall be entitled to all
the donations of laud contemplated hy the laws of Texas, granting
lands to aid in the construction of railroads, and to all such aid as
shall Ite granted to other great railroad enterprizes in Texas, and
shall be authorized to vary the g-iuge so as to correspond to the
gauge from Cairo to the Texas line, Avitliout impairing anv right
under the Texas laws. And said company shall iiave the e.^clusive
right, for three years from the time of locating their line to locate
the lands granted by the State; and they shall hold and have the
right to dispose of said lands under the laws now in force granting
lands to aid in the construction of railroads.

Mr. Caldwell moved it be referred to Committee on Internal
Improvement.

It was so referred.

Mr. Lippard introduced the following preamble and resolution :

WnEREAS, Lawlessness and crime exists to such an alarming
extent in portions of this State, it is deemed proper to do all in the
power of this Convention to protect life and })roperty, and for the
suppression of crime.

Resolced, That this Convention tender to Brevet Major-General
J. J. Reynolds a sufficient number of loyal men in each county of
this State sis in his opinion may be necessary to aid and assist the
said Commander in the suppression of crime, and the protection of
life and property and the enforcement of the laws, and that the
Connnanding General take such steps as in his opinion may be
necessary t(>r tlie organization of any men so called to his aid into
companies or scjuads.

Mr. ]jip[)ard moved it be referred to Committee on Liwlessness
and Violence.

It was so refinTcd.

Mr. Sunnier oilc'r'.'d the following resolution :

Jifsnlrcd^ That the Connnittee on Contingent Expenses be
instructed to iinjuire whether there are more pages, me?<sengers and
jiortcj-a now employed by tiiis Convention than are required to
perform the woik ; and, also, to report what luunber of each is
neces.sary.

Relerrcd to Committee on Contingent I'^xpenses.

Mr. Caldwell offered the following resolution:

Resolced, That the Special Committee on Lawlessness and Crime

RECONSTRUCTION CONVENTION JOURNAL. 109

be authorized to emplo}^ a clerk, and tliat lie receive the same com-
pensation allowed the members.

Mr. Evans, of McLennan^ offei-ed the following amendment:

"And that said clerk be authorized to swear witnesses."

Amendment accepted bj Mr. Caldwell.

The question recurring upon the engTOSsment of the resolution,
it was ordered to be engrossed.

Mr. Burnett moved a suspension of rules to put resolution on its
third reading.

Rules suspended ; resolution read a third time, and passed.

Mr. Ituby olfercd the following resolution :

Whereas, A correct id^^a of the geography of the State should be
had by the several members of this Convention, on all questions
relative to counties and county boundaries, the division of the State,
etc. ; therefore, be it

Resolved, That ninety copies of • Map of Texas be author-
ized to be furnished for the use of Convention.

On motion of Mr. Ruby, it was referred to Committee on Print-
ing.

The President announced the order of busine:^ to be ixpon the
motion of Mr. Evans, of McLennan, to adopt the majority report of
the Judiciary Committee, respecting forced sales by sheriffs.

]Mr. Ruby moved the previous question.

Motion, after being seconded, was withdrawn by consent of the
House.

On motion of Mr. Smith, of Galveston, the Convention adjourned
until Monday morning, at nine o'clock, Mr. Flanagan, of Rusk,
havino: the floor.

CAPITOL, AUSTIN, TEXAS,

June 15, 1868.

Convention met pursuant to adj6urnment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Carter, Chairman of the Committee on Style, reported as
follows :
Hon. E. J. DAVIS,

President of the Convention" :

Sir : The Committee on Style, to whom was referred the engros-
sed bills Nos. 1 to 7. inclusive, have examined the same and find
them correct, with a few immaterial changes in verbiage, which
changes have been made.

Adopted.

110 EECONSTRVCTION CONVEXTIOX JOURNAL.

Mr. McCormick, Cliairman of the Committee on Contingent Ex-
penses, reported a^j ibllows :

Committee Room.

June 15, 1868.
Hon. E. J. DAVIS.

President of the Convention :

Your Comuiittee on Contingent Expenses, to which was referred
the resohition offered by Mr. Evans, of McLennan, re(|uestiiig (he
Connnanding General of the Fifth ^Military District to approve the
action of this Convention ai)i)ro})riating the sum of .f;l 25.000, or so
much thereof as may be necessary to defray the expenses of tlie
Convention, have had the same under consideration and instruct me
to report a declaration amendatory of a declaration making an ap-
propriation, kc, passed on the 10th of June, 18(38, so as to extend
said appropriation to the Printing and Contingent Expenses of the
Covention, and also to report back said resolution offered by Mr.
Evans of McLennan, with the reconunendation tliat it be jiassed.

A. P. McCORMICK,

Chairman.
A Deckiration amendatory of a Declaration niaklncj an appro-

j)rla/i<tn f(n- the per cVteni pay and mileage of the Members

and per diem pay of the Officers of the Convention, paused by

the Von rent ion. Jinte 10, 1868.

Section 1. Be it declared by the Delegates of the people of
Texas in Convention nssenibled. That the caption of said declara-
tion, of which this is amendatory, shall be and the same is hereby
so amended as to read " A declaration making an appiojtriation for
the per diem pay and mileage of the Members and })er diem \r,\y of
tlie Officers of tiie Convention, and for tlic Printinu' and Contiuijent
Expenses of tiie Convention.

Sec. 2. Be it further declared, That section second of the declara-
tion of which this is amendatory, shall hereafter read and be as
follows :

That the sum of ii^^25.0()0. or so much thereof as shall be neces-
sary, is hereby appropriated out of any moneys in the Treasury
not otlierwise appropriated, to pay tlie n)ileage and per diem afore-
said, and tlie Printing and Contingent Expenses of the Con-
vention.'

Mr. Caldwell, Chairman of Connnittee on Lawlessness and Vio-
lence, reported as lollows :

To the Hon. E. J. DAVIS,

President of the Convention :
SlK : A majority of the Committee, to whom was referred the

RECONSTRUCTION CONVENTION JOURNAL. Ill

resolution requesting General Reynolds to call to bis aid a sufficient
number of loyal men to suppress tbe lawlessness and crime so pre-
valent in tbe State, bave instructed me to report tbe same back to
tbe Convention, and recommend its passage.

Whereas, Lawlessness and crime exists to sucb an alarming ex-
tent in portions of tins State, it is deemed proper to do all in the
power of this Convention to protect life and property, and for tbe
suppression of crjme ; tberefore be it

Resolced, Tbat tins Convention respectfully request Brevet
Major General J. J. Reynolds to call to his aid a sufficient numl)er
of loyal men in each county of this State, as in his opinion may be
necessary, to aid and assist said Commander in tbe suppression of
crime and the protection of life and property, and tbe enforcement
of the laws ; and that the Commanding General take such steps as
in his opinion may be necessary for tbe organization of any men,
so called, to bis aid into companies or squads.

Mr. Armstrong moved tbat the rules be suspended to allow con-
sideration of resolution.

Rules suspended. Resolution was then read second time.

Mr. Hamilton, of Travis, offiired the following substitute to the
resolution of the Committee :

Resolved, 1. Tbat this Convention respectfully urge upon the
Congress of the United States, the necessity of authorizing the
organization, by this body, of a militia force in the several counties
in'this State, to act in conjunction with and under the direction of
the Military Commander therein, for the protection of the lives and
property of the citizens, now every day being preyed upon by
assassins and robbers, to an extent unparalleled in the history of
civilized communities in time of peace, and which, if not speedily
arrested, must result in tbe destruction of social order.

Resolved, 2. Tbat if protection is not speedily provided in some
form by tbe National Government to tbe loyal and law abiding citi-
zens of Texas, they will be compelled, in the exercise of the sacred
right of self defence, to organize for their own protection.

Resolved, 3. That this Convention have full confidence in Brevet
Major General J. J. Reynolds, Commander of the District of Texas,
and that to the extent of the means placed at his disposal, be Avill
give protection and preserve peace.

Resolved, 4. That the President of this Convention be requested
to forward to the President of the Senate and Speaker of the
House of Representatives of the Congress of the United States,
copies of these resolutions.

Tbe substitute was accepted by ^Ir. Lippard in the place of the
resolutions offered by him.

112 RECONSTRUCTION COXVEXTIOX JOURNAL.

The preamble and resolutions weie tlien adopted.

Mr. Evans of McLennan offered the following amendment :

Insert after the word "forward,"' the words " bj telegraph at
expense of contingent fund of Convention."

Amendment accepted by Mr. ILimilton. of Travis, and adopted.

The question recurring upon the adoption of the preamble and
resolution, as amended, it was ordered to be engrossed.

Mr. Hamilton, of Travis, moved a further suspension of rules to
put the pri-amble and resolution upon its final passage.

Rules wore then suspended, resolution read a third time and
passed.

Mr. Thomas, from the Committee on Printing, made the follow-
ing leport :

To the Hon. E. J. DAVIS,

President of the Convention :
Sir: The Committee on Printing, to whom was referred a resolu-
tion offered by Mr. Ruby, relative to the purchase of ninety maps of
the State of Te.vas, for the use of members of this Convention, have
had the same under consideration, and are unanimously of opinion
that the ])urchase Avould be an unnecessary expenditure of public
funds. The resolution is therefore reported back to the Convention
with the recommendation that it do not pass.
Respectfully submitted,

JAS. W. THOMAS,
Chairman of Committee.
Mr. Davis, of Nueces, introduced the following declaration :

Seclions to be incorporated into the Judicial Department of the

Constifu/ion.

Section — . The Judges of the Supreme and District Courts, the
Attorney-General and the District Attorneys and Sheriffs of coun-
ties, shall bo appointed by tho Governor of the State, by and with
the advice and consent of the Senate thereof, l^rovidcd. that this
manner of cliodsing said oflicers shall continue in force until the first
general election iield after the yciir 1877, at wiiioli general election
the question sluill be submitted to the peoj)le whether tliey continue
in force this manner of a{)j)ointing said officers.

Sec — . The District Court shall be held in each county of the
State four times in every year, and Judicial Districts siiall be laid
off. having this [)urpose in view ; and all counties which do not
maintain their organization complete, or may have less than one
hundred and twenty (pialihetl jurors, shall be considered disorgan-
ized, and shall be attached, for judicial purposes, to the adjoining

RECONSTRUCTION CONVENTION JOURNAL. 113

organized couiitj, the county seat of which is nearest the county
seat of the disorganized county.

Sec. — . The Grand Jury system shall be hereafter dispensed
with, and all prosecutions for offences on behalf of the State shall be
commenced by information filed in the court having jurisdiction of
the offence, by the proper law officer of the State. Such information
to be founded on affidavit of some responsible person charging the
offence.

On motion, the declaration was referred to the Judiciary Com-
mittee.

Mr. Burnett offered the following declaration:

A DECLARATION

Declaring null and void the ordinance of secession^ S^c; prohibit-
ing the payment of debts incurred in aid of the rebellion;
and repealing all la ws that discriminate against persons on
account of color ^ t^'c.

Be it hereby declared by the Delegates of the People of Texas,
in Convention assembled, That the ordinance of secession passed
by a pretended convention of the people of the State of Texas, which
assembled in the city of Austin on the first day of February, 1861,
entitled, '' An ordinance to dissolve the union between the State of
Texas and the other States, united under the compact styled "The
Constitution of the United States of America,' " and all pretended
laws, ordinances or acts whatever enacted in the State of Texas in
aid of the late rebellion, or which are repugnant to the Constitution
of the United States, are and were null and void from the beginning.

Be it further declared, That the payment of any debts incurred
by any pretended authority of the State of Texas, or any citizens
thereof, in aid of the late rebellion, or for the support of the rebel
government, be, and the same is hereby forever prohibited.

Be it further declared, That all laws, ordinances or acts whatever
enacted in the State of Texas, before or since the rebellion, that
make any discrimination against persons on account of their race,
color or previous condition, be, and the same are hereby repealed.

On motion, the declaration was referred to the Judiciary Com-
mittee.

Mr. Carter offered the following resolution :

Resolved, That the Committee on Political or Legislative Depart-
ment be empowered to employ a clerk at a compensation of four
dollars per diem, provided that said clerk be employed on any other
committee that needs his services, when not employed on Committee
c'l Political or Legislative Department.

It was referred to Committee on Contingent Expenses.
8

114 RECONSTRUCTION CONVENTIOX JOURNAL.

Mr. Evans, of McLennan, offered the follovvino; declaration :

Be it declared by (his Convent loii, That the folluwing be a
section of the constitution :

Sec. — . Taxation shall be equal and uniform throughout the
State, and all property shall bear tax in proportion to its value, to
be ascertained by law. except such property :is the Legislature of
Tex;i,s, by a three-fourths vote of each Hou-e, may exempt. And
said Legislature may impose income, occupation, trade and profession
taxes. And all real estate in Texas upon which the State, county
or corpoi'ation taxes are not at any time paid for three consecutive
years, shall forfeit ipso facto to. and be invested in the State of
Texas, to the use and benefit of the county where situated, for
educational purposes; and it shall be the duty of the Legislature, at
its first session, by law, to provide for having all such forfeitures
declared.

yix. Evans, of McLennan, offered the following additional declara-
tion :

Be it declared by this Convention^ That the following be a
section of the constitution :

Sec. — . That all forced sales of land in this State, by sheriffs,
assessoi's and collectors, assignees in bankruptcy; and by adminis-
trators and executors, for purpose to pny debts of decedents, shall
be made in quantities and parcels, not less than twenty acres, or more
than one hundred acres; and the Legislature, at its first session,
shall make provision, by law, for the division of said land by the
persons selling the same.

On motion of Mr. Evans, of INIoLennan, the declaration was
referred to Committee on General Provisions.

Mr. Armstrong, of Lamar, offered the following resolution :

Resolved, That the sum of fifteen thousand dollars (;sl5,000), or
80 much thereof fis may be sufficient, be, and the same is hereby
appropriated to pay the unsettknl balance due the civil officers of
this State, appointed by (lov. A. J. Hamilton, and that this resolu-
tion 1)0 forwaided by the President of the Convention to Maj. Gen.
Buchan.an, a.sking his apjjroval of the same.

L'lid over one d;iy under the rules.

Mr. Degenei moved to suspend the rules to take into consideration
resolution offered by Mr. Carter, authorizing the Political or Legis-
lative Connnitteo to employ a clerk.

Rules were then suspended, and resolution read a second time.

Mr. Butler off -red tlie following amendment :

Amend hj inserting : " Political or Legislative,"' and strike out
the word " Legislature."

Amendment adopted.

RECONSTRUCTION CONVENTION JOURNAL, 115

The question recurring upon the engrossing of the resolution, it
was ordered to be engrossed.

Mr. Butler moved a further suspension of rules.

Rules suspended, resolution read a third time and passed.

The President announced the unfinished business of Saturday was
next in order, upon the motion of Mr. Evans, of McLennan, to
adopt the majority report of the Judiciary Committee upon " forced
sales by sheriffs;' Mr. Flanagan, of Rusk county, being entitled to
the floor.

Upon the adoption of the motion, Mr. Butler moved the previous
question, which being seconded by the required number, the ques-
tion was " shall the main question be now put?"'

The yeas and nays were demanded and resulted as follows :

Yeas — ]Mcssrs. Davis, Armstrong, of Jasper, Armstrong, of
Lamar, Bell, Bledsoe, Boyd, Brown, Bryant, of Grayson, Bryant,
of Harris, Buffington, Butler, Burnett, Caldwell, Carter, Cole,
Constant, Curtis, Degener, Downing, Evans, of McLennan, Evans,
of Titus, Fayle, Foster, Glenn, Gray, Hamilton of Bastrop, Hamil-
ton, of Travis. Harne, Hunt. Johnson, of Harrison, Johnson of
Calhoun, Jordan, Kealy, Kendal, Kuechler, Kirk, Leib, Lindsay,
Lippard, Long, Mackey, McWashington, Mills, Morse, Muckelroy,
Mullins, Mundine, Munroe, Newcomb, Oaks, Patten, Phillips, of
San Augustine, Posey, Rogers, Schuetze, Scott, Slaughter, Smith,
of Marion, Sorrel, Stockbridge, Sumner, Talbot, Thomas, Vaughan,
Watrous, Whitmore, Williams, Wilson, of Brazoria, Wilson, of
Milam, Wright, Yarborough — 71.

Nays — Messrs. Adams, Bellinger, Board, Flanagan, W. Flana-
gan, Fleming, Goddin, Grigsby, Harris, Keigwin, McCormick,
Pedigo, Phillips, of Wharton, Varnell — 14.

So the main question was ordered.

The question then recurring upon the adoption of the majority
report of the Judiciary Committee, the yeas and nays were called
and resulted as follows :

Yeas — Messrs. Bellinger, Bledsoe, Boyd, Brown, Bryant of Gray-
son, Bryant of Harris, Cole, Curtis, Degener, Evans of McLennan,
Fayle, Foster, Hamilton, of Bastrop, Hunt, Johnson, of Harrison,
Johnson of Calhoun, Kealy, Kendall, Kuechler, Kirk, Leib, Lind-
say, Lippard, McWashmgton, Mills, Munroe, Newcomb, Oaks,
Patten, Phillips, of San Augustine, Posey, Ruby, Schuetze, Smith,
of Galveston, Smith, of Marion, Sorrel, Sumner, Thomas, Vaughan,
Williams, Wilson, of Milam — 41.

Nays — Messrs. Davis, Adams, Armstrong of Jasper, Annstrong,
of Lamar, Bell, Board, Buffington, Butler, Burnett, Caldwell, Carter,
Downing, Evans, of Titus, Flanagan, W. Flanagan, Fleming, Glenn,

116 RECOXSTRUCTIOX CONVENTION JOURNAL.

Godilin, Gray. Grigsby. Hamilton of Travis. Harris, Harne. Jordan,
Keigwin. Mackey. McCorniick, Morse. Muokelro}', Mullins, Mun-
dine. Pedigo. r}iillij)s of Wharton. Rogers^, Scott, Slauglitor, Stock-
bridge, Talbot, Vai-nell, ^\^atrous, Wliitmore, Wilson of Brazoria,
"Wright, Yarborough — 44.

So the motion was lost, and report rejected.

Mr. Hamilton, of Travis, moved a suspcn-^ion of rules to take up
the minority report with accompanying resolution.

Mr. Pliiliips, of San Augustine, moved to adjourn until three
o'clock p. M.

Lost.

Mr. Sumner moved to adjourn until nine o'clock to-morrow
morning.

Carried.

CAPITOL, AUSTIN, TEXAS,

June 16, 1868.
Convention met pursuant to adjournment.

Roll called. Qu(M-uui present. Prayer by the Chaplain. Jour-
nal of yestei'day read and adopted.

Mr. Munroe, from the Committee 'on Engrossed Provisions, made
the following report :

Committee Room,
June 15, 1868.
HOiN. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Engro.-^sed Bills instruct me to report
the folio ;v'ing resolutions as correctly engrossal.

Resolution 1. That the Special Committee on Lawlessness and
Crime be authorized to employ a clerk, and that said clerk bo author-
ized to- swear witnesses.

Resolution 2. Tiiat the Committee to examine the Penitentiary
of the State, or any one or more of theui at their discretion, be
autiiorized to proceed to Huntsville to carry into effect the order of
this Convention, and that they be authorized to employ an aceouutaut
to aid them in their investigations.

Respectfully submitted,

A. T. MUNROE,

Chairman,
Report adopted.

Mr. Johnson, of Calhoun, offered the following resolution :
Resolved, That besides the duties of Enrolling and Engrossing

RECONSTRUCTION CONVENTION JOURNAL. 117

the declarations and resolutions of this Convention, the Enrolling
and Engrossing Clerks shall perform such clerical duties as maj be
required of them hj the Secretaries of this Convention; or if there
be no such duties required, the pay of the Enrolling and Engros-
sing Clerks he reduced to four dollars per daj, or such amount as
the Committee on Contingent Expenses may think a proper amount
to be paid for the duties thej may perform.

Referred to Committee on Contingent Expenses.

Mr. Mackey offered the following declaration :

Be it ordained by the people oftke^^tate of Texas in Convention
assembled. That all male persons over the age of twenty -one years
or who may hereafter arrive at the age of twenty-one years, of
foreign birth, residing in the State of Texas at the date of the pas-
sage of this ordinance, shall, on takino; the oath of alleo;iance»to th(?
Government of the United States, and an oath to support and defend
the Constitution and laws of the State of Texas, be declared citizens
of the State, and as such be entitled to suffrage ; Provided, they
have resided in the State twelve months at the time of voting, and
all male persons of foreign birth who may hereafter immigrate to
this State shall, on taking said oaths, and residing in the State
twelve months, be entitled without further delay to the right of
suffrage.

Referred to Committee on Political and Legislative.

Mr. Bryant, of Grayson, offered the following resolution :

Beit ordained by the people of the Stale of Texas in Conven-
tion assembled, That all officers of Colonel Duff's Regiment of
I'ebol troops, all officers of Brigadier General William Hudson's
Brigade, 21st Texas State troops, all rebel officers or men in the
rebellion who, daring or since the war, hung, murdered, mobbed,
or assaulted with intent to kill, or maimed any Union man, Federal
officer, soldier or other Government official, all officers or men
formerly engaged in the rel)ellion, who have* been disfranchised by
the Reconstruction laws of Congi-ess, or by the Boards of R^egistra-
tion appointed by Major General Sheridan, or Brevet Major General
Griffin; all persons who have been convicted of, or charged with
murder or assault with intent to kill a Union man, white or colored,
and have fled from justice or legal process : all persons disfranchised
by the laws of other States, and all persons engaged in the rebel
service, bushwhacking, or Guerilla warfare, from other States, and
have since that time immigrated to this State ; all persons who on
the collapse of the rebellion fled the State and took refuge in Mexico
or other foreign governments ; ail Ministers of the Gospel who en-
tered the rebel army, or preached rebellion from the pulpit, or per-
secuted Union men for opinion's sake ; all persons engaged in the

118 RECOXSTRUCTION CONVENTIOX JOUKXAL.

abduction from Mexican soil of Brigaclier General E. J. Da\-is and
Captain William MoTitgomery ; and all persons engaged in the niur-
dcv of Captain William Montgomery be, and are hereby declared
disfranchised and inca})able of holding in this State any office of
honor, trust or profit under its autiiority ; or of being an officer,
councilman, director, trustee, or other manager of any Cori)oration,
public or private now existing, or hereafter establishetl by its
authority.

On motion, it -was referred to Committee on Political or Leds-
lative.

Mr. Lippard introduced the following resolution :

Resolved, That the Committee appointed to investigate the finan-
cial condition of the State Penitentiary be, and are hereby authorized
to iiicjwire into and ascertain the cause for Avhich each convict was-
committed, and for what length of time.

Mr. Bryant, of Harris, moved the suspension of the rules to take
up the resolution.

Kules were then suspended, and resolution ordered to be
engrossed.

On motion, the rules were further suspendeii, resolution read a
third time an<l passed.

Mr. Munroe movefl that Mr. Evans, of Titus, be addcil to Com-
mittee on Division of the State. Thore being no objection, Mr.
Evans was added to the Committee on Division of the State.

Mr. Hamilton, of Bastrop, moved that Mr. Armstrong, of Jas-
per, be added to Committee on Public Lands.

Theie l)eing no objection, Mr. Armstrong was added to Committee
on PuMic Lands.

Mr. Flanagan offered the following resolution:

Be it Resolved, 1. That tlie Executive, E. M. Pea.se, be re-
quested to procure a suitable frame to contain the portrait of the
great father and statesftian of Texas, Gen. Sanniol Houston.

Resolved, 2. And the sum of dollars is liereby appropri-
ated to carry out this resolution.

On motii)n, the resolution was referred to Committee on Contin-
gent Expenses.

The President anuuuii-evl the uniinishcd Iju-^ino-w of yesterday to
be next in order, to suspend rules, to take up minority report of
Judiciary Conunittee upon forced .'^ales by Sheriffs.

Mr. Whitinon* offerel the following suostitute:

lie if ordtiinud by fhe Coiimt/i >//. Tli-it until the first of January
IHJO, no property, re:il or personal, belonging to any debtor, or the
estate thereof, shall, after the passage of this ordinance, be subject
to execution or forced sale, unless it shall bring two-thirds <>f the

RECOXSTRUCTION CONVENTION JOURNAL. 119

full amount of its assessed value, to be ascertained hj the Tax Roll
of tlie year 1880, and under rules and regulations by law, and that
this ordinance take effect and be in force from and after its
passage.

Mr. Hamilton, of Bastrop, moved the previous question upon the
adoption of the minority report.

The motion being seconded by the required number, was with-
drav/n to give Mr. Hamilton, of Travis, the floor.

The question then recurring " Shall the main question be now
put?"

The main question was ordered.
The question recurring upon the engrossment of the resolution,
the yeas and nays were demanded and resulted as follows :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of Lamar;
Bell, Bellinger, Board, Boyd, Buffington, Butler, Burnett, Cald-
well, Carter, Flanagan, Flanagan W., Fleming, Gray, Grigsl)y,
Hamilton of Travis, Harris, Harne, Keigwin, Leib, Long, Mackey,
McCormick, Morse, Pedi^o, Phillips of Wharton, Rogers, Scott,
Smith of Ma^rion, Stockbridge, Talbot, Varnell, Wilson of Brazoria,
Wright — 36.

Nays — Messrs. President, Bledsoe, Brown, Bryant of Grayson,
Bryant of Harris, Cole, Coleman, Constant, Curtis, Degener,
Evans of McLennan, Evans of Titus. Fayle, Foster, Glenn, Goddin,
Hamilton of Bastrop, Hunt, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Kealy, Kendal, Kuechler, Piirk, Lindsay, Lippard,
McWashina'ton, Mills, Muliins, Mundine, Munroe, Newcomb, Oaks,
Patten, Phillips of San Augustine, Posey, Ruby, Schuetze, Slaugh-
ter, Smith of Galveston, Sorrell, Sumner, Thomas, Vaughan, Wat-
rous, Whitmore, \\^illiams, Wilson of Milam, Yarborough. — 50.
So the Convention refused to engross.

Mr. Hamilton of Travis, asked leave of absence for Mr. Mackey
during the week.
Leave granted.

Mr. Butler moved the Convention proceed at once to take up the
business on the President's table.
Carried.

The President announced the business first in order was upon the
thiid readmg of the resolution authorizing the Committee on
Penitentiary matters to proceed to Huntsville and examine accounts.
Resolution read third time and passed.

The next business in order was the report of Committee on
Federal Relations upon the declaration offered by Mr. Evans of
McLennan.

Mr. Bryant of Grayson, moved to refer the report to Committee

120 RECONSTRUCTION CONVENTION JOURNAL.

of the whole, and l)c made the special order for to-morrow at eleven
o'clock.

^Ir. Hamilton of Travis, moved that the Convention go into
Committee of the whole upon the report of the Committee on
Federal Relations.

Carried.

The Convention then went into Committee of the whole, Mr.
Evans of Titus being in the chair.

The committee rose and reported progress.

The President announceil the next business was the resolution of
Mr. Smith of Galveston, to dispense with the services of the reporter
of the Convention.

Mr. Smith moved the indefinite postponement of the resolution.
• Carried.

The President announced the next business in order was the
resolution olfered bj Mr. Bledsoe authorizing the President to
administer to him the iron clad oath.

Mr. Lip])ard ofiered ti:e following amendment :

'•And further, that said oath be administered to all other members
desiring to take the same."'

The President decided that the amendment was out of order.

The question tlien recurring upon penuitting Mr. Bledsoe to take
the specified oath.

Tlie resolution was adopted, and Mr. Bledsoe took the iron clad
oath.

The President aimouncod the next business in order was upon the
report of the Committee on State Affixirs respecting the admittance
of Mr. O'Larej into the Blind Asylum.

Mr. Posey moved that the report of the Committee on State
Affairs be adopted.

Mr. McConiiick made the following point of order :

When a n'sohition or dc'laratioii has bivn introduced, read first
time and committed by the House to a standing committee, and the
committee report unfavorably, and reconnnend that it do not pass, if
the report of the committee be not concurred in by the House, the
original resolution remains belbrc the House, subject to be disposed
of as a bill or d(!claration on its second reading.

The chair ruled that the report of the coiiunittee was the original
matter before the House, and tliat the original re.'^oiution could only
be taken uj) on a motion to substitute the original resolution for the
report of tlio committee, or fi)r the resolution ottered by the com-
mittee, or i>e ofiered as an amendment to the resolution; from which
ruling of the I'rcsidcnt Mr. MeCormick ajjpealed to the Convention,
and the question being put "shall the decision of the chair stand as

RECONSTRUCTION CONVENTION JOURNAL. ' 121

the decision of the Convention," the yeas and nays were called, and
resulted as follows :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Board, Boyd, iBryant of Grayson,
Bryant of Harris, Butler, Burnett, Carter, Coleman, Constant,
Curtis, Downing, Ev^ans of McLennan, Evans of Titus, Glenn,
Goddin, Gray, Grigsby, Harris, Harnc, Hunt, Johnson of Harrison,
Jordan, Kcaly, Keigwin, Kendal. Lieb, Lindsay, Long; McWash-
ington. Mills, Morse, Muckelroy, Munroe, Newcomb, Oaks, Patten,
Phillips of San Augustine, Posey, Rogers, Ruby, Schuetze, Scott,
Slaughter, Smith of Marion, Sorrell, Sumner, Talbot, Varnell,
Watrous, Vv^hitmore, Williams, Wilson of Milam — 58.

Nays — Messrs. Brown, Caldwell, Cole, Degener, Flanagan, W.
Flanagan, Fleming, Foster, Hamilton of Bastrop, Johnson of
Calhoun, Kue:thler, McCormick, Mundine, Pedigo, Phillips of
Wharton, Smith of Galveston, Stockbridge, Tiiomas, Wilson of
Brazoria. — 19.

So the decision of the President was sustained.

On motion, the Convention adjourned till 9 o'clock to-inorrow
morning.

CAPITOL, AUSTIN, TEXxlS,
June 17, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

The President directed the Secretary to read the following com-
munication :

Austin, Texas,
June 15, 1868.
To the Hon. E. J. DAVIS,

President of the Convention:
Sir : I herewith present to you, for the use of the Convention over
w^hich you have the honor to preside, the New York Convention
Manual, containing all the Constitutions of the respective States of
the Union as they existed prior to the recent Conventions of the
Southern States called under the Reconstruction Acts of Congress.
I trust that these precedents may be of service to the Convention in
the great work now before it.

I remain, with great respect,

GEO. W. PASCHAL.
Mr. McCormick, from the Committee on Contingent Expenses,
offered the following report :

122 reconstruction convention joirnal.

Co:mmittee Room,
June 17, 18G8.
Hon. E. J. DAVIS,

President of the Convention :
Sir : Your Committee on Contingent Expenses, to •which "was
referred the resolution introduced b}^ Mr. Sumner instructing the
Committee on Contingent Expenses to "inquire -whether there are
more pages", messengers and porters now employed hy this Conven-
tion than are required to perform the work, and also to report what
number of each is necessary," have had the same under considera-
tion, and after full invcstijfation 1)02; leave to renort that there are no
more messengers and pages than are needed noAv employed. We
find there are now employed five messengers and four pages, and
five porters. The duties of the pages appear to require more time
and labor than the duties of the porters, and we reconnnend that one
of the porters be assigned to duty as a page, which will give five
messengers, four porters and five pages, and all of whom in the
0]iini()n of the Conmiittee are needed for the work. And that sys-
teni and efficiency miiy mark the laliors of these employes, we are of
the opinion that the Sergeant-at-Arms should assign each his respec-
tive sphere of duty, and exercise a general and constant superin-
tendence over the labors of all of these employes, under instruc-
tions, in doubtful matters, fiom the Presider.t of the Convention.

A. P, McCORMICK,

Chairman.

Committee Room,
June 17, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Si : Your Committee on Contingent Expenses, to which was
referred the resolution introduced liy Mr. Johnson of Calhoun, in
reference to the duties and pay of the Engrossing and the Enrolling
Clerks, have had the same uniler consideration, and are unable to dis-
cover any just rea.son for making the.se officers of the Convention
Bubject to the orders or recjuirements of the Se;'retaries, or for re-
ducing their pay while they properly discharge the duties of their
respective offices. The Conmiittee are. however, of the opinion that
these clerks when not engaged in the discharge of the regular duties
of their respective offices should assi.st the Secretary; and I am in-
structed to report the accompanying resolution as a substitute for the
original resolution :

A. P. McCORMICK,

Chairman.

RECONSTRUCTION CONVENTION JOURNAL. 123

Resolved, That the Enrolling and the Engrossing Clerks of the
Convention, when not engaged in the discharge of the regular duties
of their respective offices, shall be employed as assistant secretaries,
under the direction of the Chief Secretary.

Mr. Armstrong moved a suspension of rules, and the resolution
was taken up and engrossed.

On motion the rules were further suspended, resolution read third
time, and passed.

Mr. Munroe, from the Committee an Engrossed Provisions, made
the following report :

Committee Room,
June 17, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Engrossed Provisions, after examination,
instruct me to report the following resolution as correctly engrossed :

Resolved^ That the Committee on Political or Legislative Depart-
ment be empowered to employ a clerk at a compensation of $4 00
per diem, provided that said clerk be employed on any other com-
mittee that needs his services when not employed on Committee oh
Political or Legislative Department.

Respectfully submitted,

A. T. MUNROE,

Chairman.

Mr. McCormick moved a suspension of rules to take up resolution
of Mr. Evans, of McLennan, requesting the Commanding Gene-
ral of the Fifth Military District to approve the appropriation of
$125,000 to pay the expenses of the Convention, reported from
Committee on Contingent Expenses.

Rules suspended and resolution read a second time.

Mr. Hamilton, of Bastrop, offered the following amendment :

Provided, That all accounts presented to the Treasurer for print-
ing ordered by this Convention shall have attached a &xmple sheet
of the work done, and the accountino; officers of the Provisional
Government shall examine, adjust and settle the same in accordance
with the law regulating public printing, declared to be in force by
proclamation of His Excellency E. M. Pease, notwithstanding any
contract which may have been made by the Committee on Planting,
or any other committee or officers of the Convention.

The amendment was ruled out of order.

Resolution was then ordered to be engrossed.

Mr. Evans, of McLennan, moved a further suspension of rules to
put resolution on its third reading.

124 RECONSTRUCTION CONVENTION JOURNAL.

Rules suspended; resolution read a third time, and passed.

Mr. McCormick moved a suspension of the rules, and that the
declaration amending the original declaration appropriating one hun-
dred and twenty-five thousand dollars for the payment of the mem-
bers and officers of the Convention be taken up.

Carried, and resolution read second time.

Mr. Butler moved it be engrossed.

Carried.

Mr. McCormick moved a further suspension of rules to put declara-
tion on third reading.

Carried.

Declaration read a third time and passed.

Mr. Schuetze offered the following declaration :

Be it declared by this CcmvenCwn, That the following be a sec-
tion of the Constitution of the State of Texas.

Section — . That no person shall be deprived by law of the right
to indulge in public or private recreation or pleat^ure on any day of
the week, provided that any person availing himself of that right
shall not thereby violate public decency or the respect due to public
worship.

On motion of Mr. Schuetze, the declaration Avas referred to the
Committee on Political or Legislative Department.

Mr. Armstrong, of Lamar, offered the following declaration :

A DECLARATION

Appminlatbig iuenly-Jiie thoiisaud dollars^ to be used by the
Governor in the apprehension of lawless and desperate
persons.

It is hereby declared by the people of Texas in Convention
assefnblcd, That the sum of twenty-five thousand dollars, or so much
thereof as may be necessary, be and the same is hereby ;ij>j)roj)rialed
out oi' any nionies in tlie Treasury not otherwise aj»prcpriated. and
that the said sum is hereby placed under the conti'ol of the (Jovernor,
to be used by him in the apprehension of lawless and desperate per-
sons in this State.

On motion the declaration was referred to the Committee on
Finance.

Mr. Evans, of Mclvennan, offered the following:

AVllERE.Vs, There exists all over the Stale of Texas a class of des-
pera<loes engaged in tiieft, murder and lobbery, and

Whereas, It becomes of the greatest importince that such des-
peradoes be arrested and brought to justice.

Be it thercfo/e dcr/arcd, Tliat, first, the sum of twenty- five
thousand dollars, or so much thereof as may be necessary, be and the

EECONSTRUCTION CONVENTIOIT JOURNAL. 125

same is Iicrebj appropriated out of any money in the State Treasury
not otherwise appropriated, and that the same be placed at the dis-
position of the Governor of Texas, to enable him to offer suitable
rewards for the arrest and apprehension of such desperadoes, and to
employ detectives to ferret out their hiding places, etc., and that
this resolution be forwarded to the Commanding General of the
Fifth Military District for approval.

Referred to Committee on Finance.

Mr. Fayle offered the following resolution :

Resolved^ That all editors and publishers of newspapers advo-
cating secession and rebellion prior to and during the war. and that
have persistently since that time denounced the Congress of the
United States, loyal men, and the Reconstruction Acts, be and the
same are hereby disfranchised.

Referred to Committee on Political and Le2;i3lative.

Mr. Johnson, of Calhoun, offered the following resolution :

Resolved., That all males arriving at the age of maturity after
the fourth day of July, A. D. 1876, who are unable to read and
write the Constitution of tlie Lhiited States understandingly, ghall
bs deemed unqualified and debarred from the rights of suffrage. The
same to apply to all immigrants arriving in this State from other
States or countries, as well as to those arriving at the age of ma-
turity in this State.

Mr. Hamilton, of Bastrop, moved to lay the resolution on the
table ; upon which the yeas and nays were demanded.

Motion to table withdrawn by consent, and the resolution referred
to Committee on Political and Legislative.

The President announced the unfinished business of yesterday was
next in order, upon the motion of Mr. Posey to adopt the report of
the Committee on State Affairs respecting the admission of J. P.
O'Larey into the Blind Asylum.

Report adopted.

The President announced the next business in order was the report
of the Committee on Printing, with accompanying resolution pro-
viding for the publication of the debates of the Convention in the
Austin Republican.

The resolution was read second time, and ordered to be engrossed.

Mr. McCormick moved a suspension of rules to put the resolution
on its final passage.

Rules suspended, resolution read third time and passed.

Also, a report with resolution upon the resolution of i\Ir. Boyd,
instructing the Secretary to place to the credit of delegates who do
not desire to take certain papers the amount of cost of such papers
to the account of such delegates.

126 RECONSTRUCTION CONVENTION JOI'RNAL.

Mr. Armstrong, of Jasper, moved the resolution as offered hy the
Committee be laid upon the table; upon which the yeas and nays
"were demanded, and resulted as follows :

Yeas — Messrs. Armstrong, of Jasper, Bellinger, Boyd, Brown,
Butler. Downing, Evans, of Titus. Web.ster Flanagan, Gaston. Glenn,
Hamilton, of Bastrop, Hamilton, of Travis, Hunt, Johnson, of Cal-
houn. Kcaly. Keigwin. Kuechlcr, Kirk. Lip})ard, Morse. Muckleroy,
Mullins. Patten. Pedigo, Bogers, Sorrell, Varnell, Vauirhan, Wiight.
—29.

Nays — Messrs. Pi'esident, Adams, Armstrong, of Lamar, Bell,
Bledsoe, Board, Bryant, of Grayson, Bryant, of JIarris, Buffington,
Burnett, Caldwell, Carter, Colo, Coleman, Constant, Curtis, Degener,
Evans, of McLennan, Fayle, Flanagan, Fleming, Foster, Goddin,
Gray, Grigsby, Harn, Johnson, of Ilairison, Jordan, Ktndal. Leib,
Lindsay, Long, McCormick, McWashington, Mills, Mundine. New-
comb, Oaks, Phillips, of San Augu.stine. Phillips, of Wharton, Posey,
Ruby, Schuetze. Scott, Slaughter, Smith, of Galveston. Smith, of
Marion, Stockbridge, Sumner, Talbot, Thomas, Watrous, "Whit-
morp, Williams, Wilson, of Brazoria, Wilson, of Milam, Yarborough
— 57.

So the motion to lay on the table was lost.

Mr. Armstrong moved to refer the report and resolution to the
Committee on State Affairs.

It was so referred.

The President announced the hour having arrived for the session
of the Comviiittee of the Whole to procoi.Ml to the consideration of
the report of tlie Committee on Federal Relations upon the declara-
tion offered by Mr. Evans, of McLemian.

The President called Mr. Whitmore to the Chair.

The Committee rose, reported progress, and asked leave to adjourn
until ten o'cloc-k to-morrow: which leave was granted.

On motion the Convention adjouined till to-morrow at nineo'clock
A. M.

CAPITOL, AUSTIN. TEXAS,
June 18, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Cha])lain. Jour-
nal of yesterday read and jwiopted.

The President directed the Secretary to read a connnunication
from the postmaster in Austin, respecting postage on newspapers.

Mr. Carter, from the Committee on Style, made the following
report :

EECONSTRUCTION CONVENTION JOURNAL. 127

Hon. E. J. DAVIS,

President of the Convention:

Sir : The Committee on Style, to whom was referred the engrossed
provisions enclosed, have examined the same and found them cor-
rect.

Mr. Harne, of Grimes, offered the following resolution :

Whereas, Richard Fortie (colored), formerly of Grimes county,
novf in the county of Travis, is a lunatic, wild and frantic, and
should he restrained and provided for ; therefore, be it

Resolved^ That the Judiciary Committee be instructed to report,
by declaration or otherwise, what action, if any, is necessary to be
taken by this Convention to restrain, protect and provide for said
lunatic.

On motion, the resolution was referred to the Judiciary Commit-
tee.

Mr. Rogers, of Fannin, offered the following declaration :

Be it declared^ That hereafter no loyal ministers of the Gospel
shall be declared ineligible to hold any office of honor or profit in
this State.

On motion the resolution was referred to the Committee on Gen-
eral Provisions.

Mr. Lindsay offared the follovang resolution :

Resolved^ That the following rule be adopted, in addition to the
rules already adopted for the government of the proceedings of this
Convention :

Resolved, Second, That a simple resolution, which only affects
the personal rights or privileges of individual members of the Con-
vention, may be disposed of by a vote on the first reading.

Resolved, Third, That this rule be inserted among the general
rules of the Convention, after the twenty-fourth section thereof

Laid over one day under the rules.

Mr. Burnett offered the following resolution :

Whereas, Many towns and cities of the State of Texas have the
same names as counties in which they are not situated (as the city
of Austin, in Travis county, when there is in the State a county of
Austin, etc., etc.), which causes confusion, especially in postal
affairs ; and

Whereas, Names of towns and counties should be used with a
view to the practical utility of the citizens ; therefore, be it
■ Resolved, That the following be sections of the Constitution of
Texas :

Sec. — . The Legislature shall, at its first session after the adop-
tion of this constitution, so change or rearrange the names of the
several counties and county sites of the State, so that the name of

128 RECONSTRUCTION CONVENTION JOURNAL.

the county site of every county shall be the same as the county of
which it is the county site, with the addition of " court house,''
" town," or *• city," as the Legislature may chose.

Sec. — . Hereafter, when any new county shall be created, the
county site of said county shall take the name of the county of
which it is the county-site, with the addition of " court house,"
"town,"" or "city," as the Legislature may choose.

On motion, the resolution Avas referred to Committee on Counties
and County Boundaries.

Mr. Armstrong, of Jasper, introduced a letter from D. C. Dick-
son, and ret|uested it be referred to the Committee on the Peniten-
tiary.

It was so referred.

I\Ir. Hunt, of Comal, offered the fallowing resolution :

Resolved, That the Secretary be instructed to procure the report
made by William Alexander, while Attorney-General, to the C:v-
ernor of the State, and that two hundred copies of the same be
printed for the use of this Convention.

Mr. Hunt moved a suspension of rules to put resolution on its
passage.

Rules suspended ; resolution read.

The question being upon the adoption of the lesolution, Mr. Bur-
nett moved to amend by inserting " four hundred,"" instead of '' two
hundred."

Adopted.

The resolution, as amended, was then adopted.

Mr. Goddin moved that Mr. Hamilton, of Bastrop, be added to
Connnittee on Penitentiary.

Mr. Hamilton asked to be excused.

Mr. Butler moved that Mr. Harne be added to Committee on
Penitentiary.

Ko objection being made, it was so ordered.

Mr. Butler moved that the Convention resolve itself into Commit-
tee of the Whole upon the rej)ort of the Committee on Federal
Relations.

Canied.

Mr. Armstrong, of Lamar, in the Chair.

Connnittee of the Whok' rose, repoitetl progress, and asked leave
to sit to-morrow morning, at ten oclock.

Leave granted.

On motion tlie Convention adjourncil until 9 o'clock to-morrow
mornin!f.

RECONSTRUCTION CONVENTION JOURNAL. 129

CAPITOL, AUSTIN, TEXAS,
June 19, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Hamilton, of Travis, moved to adjourn until 9 o'clock to-
morrow morning.

Motion withdrawn to allow the President to lay before the Con-
vention the following communications from His Excellency, Gover-
nor E. M. Pease :

Executive Office,

Austin, Jime IS th, 1868.
Hon. E. J. EAYIS,

President of the Covention :
Sir : 1 have the honor to acknowledge the receipt, this morning,
of your letter of the 17th inst., transmitting certified copies of
Declarations which have passed the Convention, appropriating out of
the Treasury of the State one hundred and twenty-five thousand
dollars, to defray the expenses of said Convention ; and, also, a reso-
lution requesting the Military Commander of the Fifth Military
District to approve said appropriation.

You will please communicate to the Convention that I have this
day transmitted the copies of said Declarations and Resolution to
Bvt. Maj. Gen. J. J. Reynolds, with the recommendation, that the
Commanding General of the Fifth Military District make an order in
accordance with the resolution of the Convention.
Very Respectfully,

Your ob't servant,

E. M. PEASE.

Executive Office,

Austin, June 18th, 1868.
Hon. E. J. DAYIS,

President of the Convention :
Sir : I have this day received, from the Secretary of the Conven-
tion, a copy of a resolution passed by that body, in the following
words, viz :

"Mr. Hunt, of Comal, offered the following resolution:
^'- Resolved^ That the Secretary be instructed to procure the report
made by Wm. Alexander, State Attorney General, to the Governor
of the State, and that two hundred copies of the same be printed for
the use of this Convention.

"Mr. Burnett moved to amend, by inserting four hundred copies
instead of two hundred.
9

130 RECONSTRUCTION CONVENTION JOURNAL.

'•'The resolution as amended was adopted.

"I certify that the above is a correct copy of the resolution and
amendment, off.'red by Mr. Hunt, and adopted on this, the 18th day
of June, 1868.

"WM. V. TUXSTALL.

"Secretary of the Convention."

I beg leave to inform the Convention, through you, that no report
wiv? made to this office by Wm. Alexander, while Attorney General.
Several montlis after the resignation of Mr. Alexander, he sent to
this office a report, which, T presume, is what the mover of the reso-
lution desired to obtain, and I therefore transmit it to the Convention
through you, with a re({uest that it be returned to this office, when
the Convention shall have got through with it.

Very llespectfully,

Your ob't servant,

E. M. PEASE.

Upon the motion to adjourn until to-morrow morning, at 9 o'clock,
the yeas and nays were demanded and resulted as follows :

Yeas — Messrs. President, Adams, Armstrong, of Lamar, Bell, Bled-
soe, Board. Brown. Bryant, of Grayson, Bryant of Harris, Buffington,
Butler. Caldwell, Carter, Cole, Coleman, Constant. Curtis, Degener,
Howninir. Evans, of I\IeLennan, Fayle, Flanagan, Flanagan, Web-
ster, Fleming, Foster, Gray, Grigsby, Hamilton, of Bastrop, Hamil-
ton, of Travis, Harne, Hunt, Johnson of Harrison, Johnson, of Cal-
houn, Jordan, Kealy, Keigwin, Kendal, Kue^hler, Lindsay, Lippard,
Long, ^McCormick, McWasliington, Morse, Mundine, Munroe. New-
comb, Patten, Pedigo, IMiillipsof San Augustine, Phillips, of Wharton,
RogiM-s, Ruby, Slaughter, Smith, of Galveston, Smith, of Marion,
Stockbridge, Talbot, Tiiomius, Watrous, Whitmore, Williams, Wil-
son, of Brazoria, W^ right — 64.

Nays — Messrs. Armstrong, of Jasper, Bellinger, Boyd, Burnett,
Gaston, Glenn, Goddin, Harris, Kirk, Leib, Mills, Mullins, Sorrel,
Wil.'^on of Milam, Yarborough — 1').

So the Convention adjourned uiiti! to-morrow morning at 9 oclock.

CAPITOL, AUSTIN, TEXAS,

June 20, 1868.
Convention mot pursuant to adjournment.

Roll called. (Quorum piesent. Prayer by the Chaplain. Journal
of yesterday read and adopted.

RECONSTRUCTION CONVENTION JOURNAL. 131

jMt. Armstrong of Jasper, offered the following protest :

Hon. E. J. DAVIS,

President of the Convention :
The undersigned delegates ask leave to present their objections to
the passage >of the resolution offered bj the honorable delegate from
Travis count j, A. J. Hamilton, on the 15th inst., "urging upon the
Congress of the United States the necessity of authorizing the
organization by tiiis Convention of a militia force in the several
counties of this State, to act in conjunction with and under direction
of the military commander therein. In the first we are of opinion
that the rumors and reports in regard to lawlessness and crime are
greatly exaggerated, and many of them have no foundation in fact ;
and if the power asked be granted, owing to the existence of much
excitement and unfounded fears, the result will be unfavorable to ■
the promotion of peace and good order.

We believe, furthermore, that the organization of such a force by
a political partjr would only tend to exasperate the public mind and
in all probability have the effect to produce conflicts of races, and in
our judgment, the oiEcers of the Provisional Government, if they
will do their duty, together with the military, are fully able to
bring all transgressors to punishment ; and we do not hesitate to
say that the masses of the people, if called on, would lend any*
needful assistance.

We believe, moreover, that the military authorities of this
District, on proper application made, will furnish ample protection
to our citizens.

In our opinion, this resolution, if not an expres^d is an implied
censure of the commander of this military district, and the granting
of such power would invest the commander of this State, through
this Convention, with power over the District Commander within
the limits of this State. Seeing no good that will probably result
from the passage of the resolution, we respectfully submit this
protest and ask that the same be spread on the journals of this
Convention.

ARMSTRONG of Jasper,
W. H. MULLINS,
MARSHALL GLENN,
J. B. BOYD,
G. M. L. SOKELLE.

Mr. Buffington moved to spread the protest upon the minutes.
Mr. Bryant of Grayson moved to lay the protest upon the table,
upon which the yeas and nays were demanded.

132 RECOXSTRUCTIOX CONVErXTION JOURNAL.

yiv. Flanagan moved to suspend the rules to allow Mr. Armstrong
to speak in support ot". his protest.

JRules suspended.

The yeas and najs being called upon the motion to lay the
protest upon the table, resulted thus :

Yeas — r^Iessrs. President, Bell, Bledsoe, Board, Brown, Bryant,
of Grayson, Bryant of Harris, Buffmgton, Carter, Coleman, Con-
stant, Curtis, Degener, Downing, Evans- of McLennan, Fayle^
Flanagan, Foster, Grigsby, Hunt, Johnson, of Harrison, Kendal,
Kuechler, Leib, Lippard, Long, McWashington, Munroe, Oaks,
Patten. Phillips, of San Augustine, Ruby, Slaughter, Smith of
Galveston, Smith, of INLirion, Sumner, Vaughan, Watrous, Whit-
more, Williams, Yarborough — il.

Nays — Messrs. Adams, Armstrong, of Jasper, Armstrong of
Lamai' Bellinger, Burnett, Caldwell, Cole, Evans of Titus, W.
Flanagan, Gaston, Glenn, Coddin, Gray, Hamilton of Bastrop,
Hamilton, of Travis, Flarris, Johnson, of Calhoun, Jordan, Kealy,
Keigwin, Kirk, Lindsay, McCornaick, INlills, jNIorse, Muekleroy,
Mullins, Mundine, Pedigo, Phillips of Wharton, Rogers, Schuetze,
Scott, Sorrell, Stockl)ridge, Talbot, Thomas, Varnell, Wilson of
Brazoria, Wilson of Milam, Wright— il.

So the motion to lay the protest upon tlic table Avas lost.
► Mr. Whitmore, Chau'mau of the Committee on Finance, made
the following reports :

Committee Room,
Austin, June 20, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Finance, to whom was referred the
declaration introduced by Messrs. Evans of McLennan and Arm-
strong of Lamar, asking an appro{>riation of t\renty-five thousand
dollars to be used by the Governor, if found to be niiccssary, in the
apprehension of lawless and desperate persons, have had the same
under consideration. A majority of said ccvmmitte.j instruct me to
rejtort the same back to the House, and ask that the declaration
offered l)y Mr. Evan.s of McLeiman do pass.

G. W. WHITMORE,

Chairman.

Co.MMiTTEK Room,
June 20, 1868.
Hon. E. J. DAVIS,

President nf the Convention :
Sir : Your Committee on Finance, to whom was referred the

RECONSTRUCTION CONVENTION JorRNAL. 133

resolution offered by Mr. Armstrong of Lamar, providing for the
payment of the unsettled balance due the civil officers of this State,
appointed by Governor A. J. Hamilton, have had the same under
consideration, and herewith transmit the same to the Convention
with the recommendation that it do pass.

G. W. WHITMORB,

Chairman.

Mr. Glenn offered the following minority report :

Committee Room,
Austin. June 19, 1868.

Eon. E. J. DAVIS,

President of the Convention :

Sir : I do not think that the adoption of the resolution appro-
priating twenty-five thousand doPars for the aiTest of desperadoes
and thieves, as recommended in the majoiity report of the Com-
mittee on Finance, necessary or expedient.

It seems to me that the jneasures of the Convention to secure the
organization of a militia force throughout the State by Congress, to
act in conjunction with the military and civil already existing in the
State, if of any effect at all, are sufficient to answer any emergency
that may arise in the apprehension and arrest of those contemplated
in the original resolution.

The military commiander in this State has by his order shown an
entire willingness and earnest desire to furnish a sufficient force to
any of the post commanders throughout the State, to give protection
to the various sections or districts where they may be located. And
in no instance has he intimated that bis powers were not adequate ;
and when I consider the aid he offers in connection with the powers
of civil officers in the State, who by law have the authority to call
to their aid the posse ccmmitatus, together with the various
expenditures which are bound to be met in the progress of recon-
struction from the Treasury Department, am driven to tlie conclusion
that the majority report in this behalf should not be adopted by this
Convention. All of which I most respectfully submit.

MARSHALL GLENN.

Mr. Degener moved to suspend the rules to take into considera-
tion the majority report of the Finance Committee upon the resolu-
tion offered by Mr. Evans of ^McLennan, appropriating twenty-five
thousand dollars to be used by the Governor of the State in appre-
hending lawless persons.

Rules suspended.

134 RECOXSTRUCTIOX CONVEj^TIOX JOURNAL.

Mr .t Hamilton of Bastrop offered the following amendment to the
resolution :

Provided that no part of the sura shall be used unless the
military comma,nder of the District of Texas shall first be authorized
to organize military commissions for the trial of offenders.

Mr. Burnett moved that the Convention resolve itself into com-
mittee of the whole upon the report of the Committee on Federal
Relations.

Carried.

Mr. Armstrong of Lamar in the chair.

Committee rose, reported progress and asked leave to sit oil
Monday morning at 10 o'clock.

Leave granted.

Mr. IMunroe, from the Committee on Engrossed Pravisions, made '
the following report :

Committee Room,,
June 20, 1868.
Box. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Engrossed Provisions, after examination,
instruct me to report the following declaration and resolutions as.
correctly engrossed.

1st. Preamble and resolutions ui-ging upon the Congress of the
United States the necessity o>f appointing a force in each county for
the suppression of crime and lavrlessness.

2d. Resolution authorizing the Committee on Penitentiary to
inquire into the laws under which convicts are held.

3d. Resolution instructing engrossing and enrolling clerks when
not engaged in their duties, to assist the Secretary.

4th. Declaration amendatory of a declaration appropriating
$125,000 for the pay of members of the Convention and officers.
5tli. Resolution autliorizmg the publication of the debates of the
members of the Convention.

6th. Resolution requesting the Commanding General to approve
the appropriation of |125,000 to defray expenses of the^onvention.

Respectfully submitted,

A. T. MUNROE,

Chairman.

Report adopted.

On motion, the Convention adjourned until Monday morning at
9 o'clock.

RECONSTRUCTION CONVENTION JOURNAL. . 135

CAPITOL, AUSTIN, TEIaS,
June 22, 18(38.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of Saturday read and adopted.

Mr. Carter offered the following report :
Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on Style, to whom w^as- referred the enclosed
engrossed provisions numbered 9, 10, 11, 12 and 13, have examined
the same and return them corrected, with slight alterations in
verbiage.

CARTER,

Chairman.

Report adopted.

]\Ir. Carter offered the following resolution, and asked its reference
to Committee on Commerce and Manufactures :

Whereas, It being the policy and duty of the people of Texas to
foster and encourage .the industrial interests of its citizens, particu-
larly as regards its manufacturing interests ; therefore be it

Resolved, That all machinery imported into this State for manu-
facturing purposes, shall be exempt from all taxation for five years
from the date of its being put into operation.

It was so referred.

Mr. Mills offered the following resolution, and asked its reference
to Committee on Federal Relations :

Whereas, The people of the county of El Paso, in the State of
Texas, and the county of Dona Anna, in the territory of New
INIexico, have petitioned the Congress of the United States to give
them a territorial government, and.

Whereas, Owing to the geographical position of the aforesaid
county of El Paso, it is inconvenient and unwise that it should be
longer a part of the State of Texas, and

AV^hereas, In the opinion of this Convention, it would be betteV,
both for the people of the State and for the people of the aforesaid
counties, that such territory should be formed; therefore,

Be it resolved by the people of the State of Texas hi Conven-
tion assembled, That the political jurisdiction over the said county
of El Paso, and the right of public domain therein is hereby relin-
quished to the United States of America ; p7-ovided, that the said
United States shall form a territorial government of which the said
county of El Paso shall be a part.

It was so referred.

136 EECOXSTRUCTION CONVENTION JOURNAL.

Mr. Wilson, of Brazoria, offered the following resolution, and
asked its reference to Committee on the Judiciary.

Resolved^ That every debtor whose property shall be sold by
virtue of a writ of execution, to satisfy the payment of debts, shall
be entitled to redeem the same at any time before the first day of
January, 1874, by refunding to the purchaser or purchasers the
amount of money paid for the property thus sold, together with
twelve per cent, interest, and paying for all improvements put upon
said property, to be valued by two disinterested appraisers ; provi-
ded, however, that debtors shall not redeem real estate thus sold, if
it should bring two-thirds of its assessed value in 1860.

It was so referred.

Mr. Glenn introduced the following ordinance, and asked its refer-
ence to the Committee on the Division of the State :

AN ORDINANCE
To provide for a division of the State of Texas.

Section 1. Be it ordained by the people of the State of
Texas in Convention assembled, That the Legislature shall be
vested with power to give the consent of the State to the erection of
a new State or States, Avithin the limits of this State, and to pass all
laws necessary to designate the boundaries of such new State or
States, to enable the people of the same to organize State govern-
ments.

The Legislature is also vested^Avith power to settle the claims of
such new State or States to a proper share of the school fund and
public domain.

It vras so referred.

The President announced the unfinished business to be the report
of the Committee on Finance, with accompanying resolution, as
amended by Mr. Hamilton, of Bastrop.

The question recurring upon the adoption of the amendment, it
was adopted.

The question recurring upon the engrossment of the resolution as
amended, it was read a second time and ordered to be engrossed.

My. Armstrong, of Lamar, moved a further suspension of the rules,
to put resolution on its third reading.

Rules suspended.

Mr. MuUins offered the following amendment :

Amend by striking out "disposition " and insert "disposal."

Mr. Flanagan moved to lay the amendment on the table.

Carried.

Resolution read a third time, and passed.

rbcojStstruction convention journal, 137

Mr. Munroe moved a reconsideration of the vote bj which the
resolution was adopted.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jaspar, Bojd, Burnett,
Cole, Evans of Titus, Gaston, Glenn, Johnson of Calhoun, KeigTvin,
Kirk, Mullins, Munroe, Sorrell — 14.

Nays — Messrs. Pfosident, Armstrong, of Lamar, Bell, Bellinger,
Bledsoe, Board, Brown, Bryant of Grayson, Bryant of Harris,
Caldwell, Carter, Constant, Curtis, Degener, Downing, Evans of
McLennan, Fayle, Flanagan, W. Flanagan, Fleming, Foster, God-
din, Grigsby, Hamilton of Bastrop, Hamilton of Travis, Harne,
Hunt, Johnson of Harrison, Kealy, Kendal. Kuechler, Leib,
Lindsay, Lippard, Long, Mackey, McCormick, McWashington,
Mills, Morse, Mucklcroy, Mundine, Newcomb, Oaks, Patten, Pedigo,
Phillips of Wharton, Posey, Rogers, Puby, Scott, Slaughter,
Smith of Galveston, Smith of Marion. Stockbridge, Talbot, Thomas,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam. Wright, Yarboroudi — 65.

So the Convention refused to reconsider the vote.

Mr. Evans, of McLennan, moved to take up the unfinished busi-
ness upon the President's table.

Carried.

The President announced that the first business in order was the
resolution of Mr. Lindsay, to amend the rules of the Convention,
such rule to be inserted after the twenty-fourth section of the rules,

Mr. Lindsay offered the following amendment :

Amend by inserting after the word '' Convention " the following:
"or resolutions relating solely to the internal government of the
House, or relating to the printing of documents which have been
read in the Convention."

The question recurring upon the adoption of the amendment, it
was adopted.

Rule as amended was then adopted as a rule of the Convention.

The President announced the next business in order was the"
report of Committee on Printing, with reference to the purchase of
maps for the use of the Convention.

Mr. Degener moved the adoption of the original resolution offered
by Mr. Ruby.

Lost.

The question recurring upon the adoption of the report of the
committee, it was adopted.

The next business in order being tlie third reading of a resolution
as reported from the Committee on State Affairs, defining the poAvers

138 RECOXSTRUCTIOISr CONVENTION JOURNAL.

of the Convention, Mr. Armstrong, of Jaspar, moved to laj the
resolution as reported from committee on the table.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jaspar, Boyd, Cole, Gaston, Kirk,
Mills, Muckleroy, ]\Iullins, Sorrell — 9.

Nays — Messrs. President, Adams, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Brown, Bryant of»Harris, Buffington,
Burnett. Caldwell, Carter, Coleman, Constant, Curtis, Downing,
Evans of iMcLennan, Evans of Titus, Fayle, Flanagan, W. Flana-
gan, Fleming, Foster, Goddin, Gray, Grigsby, Hamilton of Bastiop,
Hamilton of Travis, Hariis, Harne, Fiunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kuechler,
Leib, Lindsay, Lippard, Long, Mackey, McCormick, McWashing-
ton, Morse, Mundinc, Munroe, Kewcomb, Oaks, Patten, Pedigo,
Phillips of San Augustine, Phillips of Wharton, Rogers, Ruby,
Schuetze, Scott, Slaughter, Smith of Galveston, Smith of IMarion,
Stockbridge, Sumner, Talbot, Thomas, Varnell, Vaughan, Watrous,
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, and
Wright— 74.

So the Convention refused to lay the resolution upon the table.

The question recurring upon the final passage of the resolution,
the same was passed.

Mr. Patten moved that the Convention resolve itself into Commit-
tee of the Whole upon the report of the Committee on Federal
Relations.

Carried.

Mr. Armstrong, of Lamar, in the Chair.

The Committee rose, reported progress, and asked leave to sit
to-morrow morning, at ten o'clock.

Leave granted.

Mr. Hamilton, of Travis, moved that Mr. Kirk be indefinitely
excused from the sittings of the Convention.

By consent of the House, Mr. Kirk was excused.

On motion the Convention adjourned until nine o'clock to-morrow
mornin^i;.

CAPITOL, AUSTIN, TEXAS,
June 23, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the chaplain. Journa^
of yesterday read and adopted.

Mr. Hunt, of Comal, presented the following petitions, and asked

EECONSTRUCTION CONVENTION JOURNAL. 139

their reference to the Committee on Counties and Count j Boun-
daries.

To Tim Honorable Convention

Of the State of Texas:

Yoiu' petitioners, resid-^nt -citizens of the county of Guadalupe,
respectfuUj represent to your Honorable Body that they suffer great
inconvenience from being incorporated within the limits of the
county of Guadalupe, because they live in the nor tli- western part of
said county, at a considerable distance from Seguin, the county seat
thereof, but in close and immediate neighborhood of New Braunfels,
the county seat of Comal county, along the present south-eastern
line of said county. Tliat their main business transactions are with
New Braunfels, as the nearest and most convenient place therefor.
That there is their postoSice, there the churches, there the milh and
trading houses, they go to. And with the citizens thereof, they are
connected by fiimily, social and numerous other ties, and by their
mutual interests. . All of which render it desirable and necessary
that the territory, upon wliich they reside, be annexed to the county
of Comal.

Therefore, the premises considered, petitioners pray your Honorable
Body to pass an ordinance est iblishing the south-east boundary line
of Comal county, so as to embrace the territory upon which your
petitioners reside.

And as in duty bound, they will ever pray, &c.

(Signed by) AUGUST WEGEL,

And sixty-nine others.
To THE Honorable Convention

Of the State of Texas :

Your petitioners, resident citizens of the county of Comal, respect-
fully represent unto your Honorable Body :

That, by the act creating the county of Blanco, a very large and
valuable portion of about 550 square miles Wcis cut off from the
original county of Comal, for the purpose of creating the county of
Blanco then, and that of Kendall afterwards ;

That, in lieu thereof, by the said act, a small part of the territory
of the county of Gaadalupe was attached to said county of Comil,
containing only about fifty square miles;

That the natural formation of the county is such, that of the
present area thereof only narrow parts of the Guadalupe river val-
ley and the small valley of Comal creek, on the south-eastern boun-
dary line of the county, are fit for cultivation and settlement, while
the greater portion of the county is mountainous and rocky ;

That New Braunfels, the county seat, is situated on the south-

140 reconstiiuctio:n- coxyentiox jotjrxal.

east iDOundary line of the county, and that the settlements, situated
along, and immediately below and along said line, in Guadalupe
county, on the Guadalupe and Santa Clara, are in fact an ^tension
and part of the New Braunfels colony, and form a nucleus around
said city as their centre of trade ;

That the interests of the citizens residing in that part of Guada-
lupe county, are identified with those of Comal county, as well by
their general business transactions and social relations, as by their
national and family and religious connections : so that their mutual
interests would be mateiially promoted, if they were embraced in the
same county.

The premises considered, your petitioners respectfully pray that
your Honorable Body may pass an ordinance establishing the south-
eastern boundary of Comal county, as delineated on the following
plot by A. B. k C, which is herewith respectfully submitted to the
consideration of your Honorable Body as a part of the petition.

And as in duty bound, they will ever pray, &c.

(Signed by) FRfVNK GOLDBECK,

Mayor of Netv Brcninfels,
And Ninety-One Others.

Referred to the Committee on Counties and County Boundaries.

Mr. Fayle, from the Committee on Enrolled Provisions, made the
following report :

Austin, June 23rd, 1868.
To THE Hon. E. J. DAVIS,

President of the Convention :

Sir : The enrollinnr committee have examined the followino- decla-
rations and resolutions. Nos. 1 to 7, and find them to be correctly
enrolled.

No. 1. Declaration fixing the per diem pay of members and officers
of the Convention.

No. 2. Resolution urging Congress to transfer certain powers
from the l^Jilitary Commander of the Fifth Military District to this
Convention.

No. 3. Resolution, for the furnishing Paschal's Digest of tiie Laws
of Texas to committees, and opening State Library to members of
the Convention.

No. 4. Resolution, on printing two hundred copies of the Recon-
struction Laws of Congress.

No. 5. Resolution, for the purcliasc of one hundred and fifty
copies of Pasclial's Annotated Constitution of the United States.

No. 6. Resolution, for special committee, to c.xaniine the adminis-
tration and financial condition of the State Penitentiary.

EECONSTRITCTION CONVENTION JOURNAL. 141

No. 7. Resolution authorizing the Secretary to order two thousand
copies of the Austin Daily Republican, five hundred copies of the
tri-weekly Freie Presse, and four hundred copies of the San Antonio
Daily Express, for the use of the members of this Convention.
Re&pectfully submitted,

WM. R. FAYLE,

Chairman Enrolling Committee.

Mr. McCormick, from Committee on Contingent Expenses, made
the following report :

Committee Room,

June 20, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : Your Committee on Contingent Expenses, to which was re-
ferred the resolution introduced by Mr. J. W. Flanagan, in reference
to procuring a suitable frame for the portrait of Gen. Houston, have
hud the same under consideration, and have instructed me to report
the same back to the Convention, with the recommendation that the
blank between the words "of" and -'dollars" in the second section of
the resolution bo filled with "two hundred", and that the following
be added as a third section to the resolution :

Section 3. That the certificate of His Excellency, E. M. Pease,
shall be a sufficient voucher to authorize the Comptroller to draw hi&
warrant upon the Treasurer, for the amount of the cost of framing
said portrait.

And that, with these amendments, said resolution be passed.

A. P. McCORMICK,

Chairman of Committee.

Mr. Pedigo oSfered the following resolution :

Resolved, That the President be requested to appoint a special
committee consisting of seven members, whose duty it shall be to re-
port to this Convention the names of such loyal citizens now laboring
under political disabilities, as may be deemed worthy of relief, in
order that this Convention may, by memorial or otherwise, ask the
Congress of the United States to remove by law such disabilities.

Mr. Armstrong, of Lamar, moved that the rules be suspended to
allow consideration of the resolution.

Rules suspended.

The question being upon the adoption of the resolution, it wa&
adopted.

Mr. Goddin offered the following declaration and resolution, and
asked that they be referred to the Committee on Judiciary.

142 RECO.NSTEUCTION CONVENTION JOURNAL.

Whereas, no adequate means exist in the State of Texas, for tlie
punishment of petty crimes and offenders : Therefore,

Be it Ordai/ted, by the RepreseutaLives of the People in Con-
vention assembled^ That the Legislature be, and hereby are, in-
structed and required to establish in each county of the State a
County Workhouse, for the punishment and safe-keeping of such
offenders, under such rules and regulations, as the Legislature may
see fit to prescribe.

Referred to the Judiciarj^ Committee-

Whereas, the practice of carrying deadly weapons, concealed or
otherwise, about the person, is detiimental to the peace and perni-
cious to the well-being of society : Therefore,

Be it resolved by the Representatives of the people of Texas
in Convention assembled, That any person found with a deadly
weapon about their person, including a knife with a blade over three
inches long, shall, on conviction thereof, be deemed guilty of a
misdemeanor, and fined in a sum of not less than five hundred nor
more than one thousand dollars, or confined in the county prison for
a period of not less than six nor more than twelve months, or both,
at the discretion of the jury, as may ])e prescribed by the Legislature.

Referred to the Committee on Judiciary.

Mr. Carter offered the following resolution :

Whereas, Certain lands lying on what is called the "Memphis
and El Paso Railroad Reserve," are now and have been for years
withheld from location and settlement, by virtue of a charter granted
t3 the '-Memphis and El Paso Railroad," (the terms of said charter
not having been complied with) thereby materially retarding the
settlement of said lands, and consequent protection of the few
settlers therein, and said reservation of lands having proved disastrous
to the best interests of the country ; therefore

Be it, resolved, That the even sections of land in said reserve be
open to location, by pre-emption or otherwise, upon the same terms
as arc required in the location or pre-emption of lands belonging to
the State outside of said reserve. ^

On motion, the resolution was referred to the Coramittee on
Public Lands.

Mr. Degener offered the following preamble and resolution :

Whereas, A bill for the division of Texas into three separate
States is now pending in the Congress of the United States,

Be it resolved. First. That the public domain of Texas, its pub-
lic buildings, cash and bonds on hand, and all the claims the State
may have, are common property, belonging to the several States
which may hereafter be framed.

Second. And that the outstanding liabilities are in like manner

RECONSTRUCTION CONVENTION JOURNAL. 143

a common debt, for which all the States which may hereafter be
framed are respectivelj responsible.

On motion tlie preamble and resolution was referred to the Com-
mittee on the Division of the State.

Mr. Armstrong, of Lamar, moved that the unfinished business on
the President's table be taken up and disposed of

Carried.

The first business in order was the report of the special comm.ittee
on Division of the State, requesting the President of the Conven-
tion to procure hy telegraph from AYashington a copy of the bill on
Division of Texas, now before Congress.

Mr. Armstrong, of Lamar, moved that the report and resolution
be laid on the table.

Carried.

The report of the Committee on Finance appropriating fifteen
thousand dollars to pay civil ofiicers appointed by Governor Hamil-
ton was taken up.

The question recurring upon its engrossment, it was ordered to be
engrossed.

Mr. Hamilton, of Bastrop, moved that the Convention resolve
itself into Committee of the Whole upon the report of the Com-
mittee on Federal Relations.

Carried.

Mr. Armstrong, of Lamar, in the Chair.

Committee of the Whole rose, reported progress, and asked leave
to sit to-morrow morning, at ten o'clock.

Leave granted.

On motion the Convention adjourned until 9 o'clock to-morrow
mornino;.

CAPITOL, AUSTIN, TEXAS,
June 24, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

The President announced the special committee called for under
Mr. Pedigo's resolution, to take the names of loyal persons laboring
under political disabilities, to be :

Messrs. Pedigo, Keuchler, Bell, Armstrong of Lamar, Evans of
McLennan, Whitmore and Phillips of San Augustine.

Mr. Munroe, from the Committee on the Division of the State,
made the following majority report :

144 keconstruction convention journal.

Committee Room,

June 23, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sm : The Committee on the Division of the State instruct me to
report the following declaration, and recommend its adoption.
E-espectfully, jour obedient servant,

A. T. MUNROE,

Chairman.

A DECLARATION, from the Committee on the Division of
the ^tate, for the erection of two new States out of the ter-
ritory of the State of Texas.

Whereas, There is now pending in the Congress of the United
States the following bill, to provide for the erection of two additional
States out of the territory of the State of Texas ; and

Whereas, Experience has proved that the great size of the Slate
is one of the greatest obstacles to the enforcement of law and the
maintenance of order, and that the government of a State so large
canriot be economically administered ; and

Whereas, The welfare, happiness and prosperity of the people
require a division of the State into at least three States ; therefore,

Be it declared that we, the People of Texas, in Convention
assembled, do hereby declare that we concur in the plan proposed
by Congress in the following bill, with the alterations in the lines
and boundaries, as hereinafter proposed.

•' Mr. Beaman, from the Committee on Reconstruction, reported
the following bill :

"A BILL to provide for the erection of two additional States out of
the territory of the State of Texas, and for other purposes.

"Whereas, The people of the State of Texas desire to erect out of
the territory of said State two additional States of convenient size ;
and

"Whereas, The people of said State of Texas, in pursuance of an
act of Congress passed March 2, 18G7, entitled ' An act for the
more efficient government of the rebel States,' and of the several
acts supplementary thereto, have elected delegates to a convention to
form a constitution of government for tlie said State of Texas; and

"Whereas, It is desired that the two additional States to be formed
out of the territory of the said State of Texas be respectively
bounded and named as follows — that is to say : That all that part of
the territory of the said State of Texas situate and embraced v/ithin

reco:n^struction convention journal. 145

the following lines, viz : Beginning at a j^oint in tiie middle of the
cliannel between Galveston island and Bolivar Point, thence through
Gals'eston bay to the mouth of the San Jacinto river, up the San
Jacinto river to its confluence with the eastern fork of the San
Jacinto, thence up said eastern fork Avith the western boundaries of
the counties of Liberty and Polk, thence north to the Trinity river,
thence up said Trinity river to the mouth of the Bois d'Arc or east
fork of the Trinity, thence up the said east fork to the northwest
corner of the county of Kaufman, thence north to the southAvest
corner of the county of Fanuin, thence north with the western border
of Fannin to Red River, thence down said Red river to the eastern
boundary of the State of Texas, thence south with the eastern
boundary of the State to the Gulf of Mexico, thence west across the
gulf to the point of beginning, be erected into a new State, to be
known by the name of the State of East Texas; that all that part of
the territory of said State of Texas situate and embraced within the
following described limits, viz : Beginning at a point in Pass Cavallo,
midway between the island and peninsula of Matagorda, thence
through Matagorda bay to the Colorado river, thence up the said
Colorado river to where it is intersected by parallel thirty-two north
latitude, thence due west to the Rio Grande, thence down said Rio
Grande to the Gulf of Mexico, thence through the Gulf of Mexico
to the point of beginning, be erected into a new State, to be called
and known by the name of South Texas ; and that all the residue
and remainder of the territory of said State of Texas be known by
the name of the State of Texas : .Therefore,

" Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
whenever the said delegates shall be assembled in convention, the
said delegates to said convention shall organize and form themselves
into three respective conventions, each of the said conventions
respectively to be composed of the delegates respectively residing
within the respective limits of the proposed States, as bounded and
described in the preamble to this act.

" Sec. 2. And be it further enacted, Tha.t the said respective con-
ventions shall be organized and conducted, in all respects, as near as
may be, in accordance with the provisions of said act entitled ' An
act for the more efficient o-overnment of the rebel States ,' and the
acts supplementary thereto ; and that when the people of any one of
the said proposed States shall have formed a constitution of State
government in conformity with the Constitution of the United
States in all respects, framed by the convention thereof; and when
such constitution shall be ratified by the voters thereof, in accord-
ance with said acts ; and vfhen such constitution shall have been
10

146 RECONSTRUCTION CONVENTION JOURNAL.

submitted to Congress for examination and approval, and Congi'ess
shall have approved the same ; and when said State, by a vote of its
Legislature, elected under said constitution, shall have adopted the
amendment to the Constitution of the United States proposed by the
Thirty-ninth Congress, and known as article fourteen, said State
shall be declared entitled to representation in Congress, and Senators
and Representatives shall be admitted therefrom on their taking the
oath prescribed by law.

" Sec. 8. And be it further enoc'ed, That the said respective
conventions shall provide, by ordinance or otherwise, for elections for
Representatives in Congress, members of the State Legislature, Gov-
ernor, and other State officers, to be held at the same time, in the
said proposed States respectively, as that for voting upon the adop-
tion or rejection of the said constitutions respectively : inovided^
that the aggregate number of Representatives from the proposed
three States shall be the same that the State of Texas was entitled
to in the year eighteen hundred and sixty, to be divided among the
said three States in proportion to the population of each respec-
tively."

The committee do further instruct me to report the following
sections :

First. The committee would respectfully recommend that Con-
gress change the lines and boundaries as follows, to-wit :

Second. All that part of the territory of this State situated and
embraced within the following lines, beginning at a point on the
Mexican Gulf and Matagorda peninsula, due south of the mouth of
Colorado river, running thence due north to the mouth of said
river, thence following the meanderings of said Colorado river until
it intersects the thirty-second degree of latitude, thence due west to
the Rio Grande, thence down said Rio Grande to the Gulf of
Mexico to the point of beginning, to form a southern State, to be
known and called

Third. All that part of the territory of the State of Texas situate
and embraced within the following lines, to-wit : beginning at a point
in the middle of the channel between Galveston and Bolivar Point,
thence through Galveston Bay to the mouth of the San Jacinto
river, to its confluence with the eastern fork of the San Jacinto
river, thence up said eastern fork with the Avestern boundaries of the
counties of Liberty and Polk; thence north to the Trinity river;
tlience up said Trinity river to the mouth of the Elm fork of the
Trinity ; thence up the said Elm fork to the mouth of Denton fork,
to the western boundary of the county of Denton ; thence due north
to the Red river ; thence down said Red river to the eastern boun-
dary to the Gulf of Mexico, thence west across the gulf to the point

HECONSTRTJCTION CONTENTTON JOURNAL. 14T

<of "beginning, to form an Eastern State to be known by tlie name
of I

Fourtli. All the residue and remainder of the territory of Texas
to be known hj the name of .

Fifth. And further, That for the purpose of saving expenses to
our impoverished country, and accelerating reconstruction, we pray
Congress to act as speedily as possibk on the bill now under con-
sideration.

Sixth. We further declare, That the President of this Convention
he and is hereby instructed to forward by telegraph to the President
of the Senate and to the Speaker of the House of Representatives of
the United States a full copy of these declarations.

A. T. MUNROE,

Chairman.

Committee Room,

Austin, June S3, 1868,

Mr. Ruby offered the following minority report :
We, the minority of the Committee on the Division of the State,
dissenting from the majority report, do respectfully recommend that
should there be a division of Texas, the Congressional lines reported
in H. R. bill 1203 may he adopted by this Convention.'

G. T. RUBY,
E. WILSON.
The following additional reports were presented fram the Com-
mittee on Division of the State :

Committee Room,

June 23, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on the division of the State of Texas, to
whom was referred the following ordinance, introduced by Mr.
Glenn, of Anderson, to wit :

Be it ordained by the people of the State of Texas in Conven-
tion assembled, That the Legislature shall be vested with power to
give the consent of the State to the creation of a new State or States
within the limits of this State, and to pass all laws necessary to desig-
nate the boundary of such new State or States, to enable the people
of the same to organize State Governments, etc.

Request me to return the same to your Honorable body, with the
request that it do not pass.

Respectfully submitted,

A. T. MUNROE,

Chairman.

148 RECoxsTrvUCTio:^; coxvextioh journ'al.

Committee Room,
June 23, 1868,
Hon. E. J. DAVIS,

President of the Conrention :
Sir : The Committee on the Division of the State, to whom vras
referred the following resolutions offered bj Mr. Degener, of Bexar,
after due examination instruct me to recommend the passage of the
same, to-wit :

Whereas, A bill for the division of Texas into three separate
States is now pending in the Congress of the United States,

Be it resolved, First. That the public domain of Texas, its pub-
lic buildings, cash and bonds on hand, and all the claims the State
may have, are common property, belonging to the several States
which may hereafter be framed.

Second. And that the outstanding liabilities- are in like manner a
common debt, for which all the States which may hereafter be framed
are respectively responsible.

Respectfully submitted,

A. T. MUNROS,

Chairman.

Mr. Armstrong, of Lamar, moved to suspend rules to take into
consideration the adoption of the leport of the Committee on the
Division of the State.

Rules suspended.

The reading of the report and resolutions was dispensed with by
the consent of the House.

Mr. Armstrong moved that the report and resolutions be printed
for the use of the Convention.

Carried.

Mr. Armstrong moved that the consideration of the subject be
made the special order for Saturday next at ten o'clock.

Carried.

Mr. Pedigo introduced the following declaration :

Beit dedaredhy the State of Texas in Convention aszemhled.
That? all rights which the State n"!.ay have to mineral substances upon
or lieiieath tlie surflice of the earth be, and the same are hereby relin-
quished to the rightful owners of the land upon or beneath the sur-
face of which such mineral substances mvay exist, and that all grants to
land hereafter made by the State shall operate as a relinquishment
to the grants of all mineral substances belonging to the laud granted..

On motion the dechiration was referred to Committee on Public
Lands.

]Mr. Evans, of jMcLennan. introduced the following; declaration:.

RECONSTRUCTION CONTENTION JOURNAL. 149

Be it declared tJiat the folloio'mg he a section of the New Con-
stitrdion :

Sec. — . The County Courts for Police purposes, or otlier bodies
exercising the powers now exercised bj the said County Courts, in
the several counties of the State of Texas, shall be authorized to
pled[.i;e the faith of their respective counties, to aid and assist in the
construction of railroads ; ami for such purposes the said courts shall
have povver to issue tiie bonds of said respective counties, or make
subscriptions to the stock of railroad companies, and levy a special
tax upon the taxable property of the said county, not to exceed one
per cent, annually; Provided that no such bonds shall be issued, or
subscriptions made, or tax assessed without, upon a vote at an election
of the voters of said county, to be ordered and held by said Courts
under the laws of the State regulating elections, a.nd, Provided fur-
ther, that said courts nor their successors shall have the power to re-
pudirde, or annul or impair such bonds when issued, or such sub-
scriptions when made, or such taxes when so assessed.

On motion the declaration was referred to Committee on Internal
Improvements.

Mr. Degener introduced the following declaration :

Section — . Every foreign born male inha,bitant of this State, who
shall be twenty-one years of age, and upwards, who shall have
resided twelve months in this St;ite, and who has made his declara-
tion of intention of becoming a citizen of the United States, shall bo
deci'eed a citizen of this State.

Sec. — . Every citizen of this State has the right to have his
name entered on the Registration lists of electors, and shall have the
prinlegoof voting for State, District, County and Municipal Officers
in the district, county or municipality where his name is entered as
a qualified elector,

Provided, First, That his certificate of registration bea,r a date
of at leat thirty days prior to the election at which he offers to vote.

Second, That be be a bona iide resident of the district, county Or
municipality for which the election of officers is ordered.

On motion the declaration was referred to the Political or Legis-
lative Committee.

Mr. Armstrong, of Lamar, offered the following declaration :

Whereas, During the late Rebellion tl)e Central Texas Railroad
being legally indebted to the State of Texas, on account of the
money received from the State, the same being the School Funds
solemnly set apart for the education of the children of Texas^ has
failed to pay the interest on said money so received, and

150 EECOISrSTIlFCTION CONVENTION JOURNAL.

Whereas, The said Railroad Companj pretends that, during the
late rebellion, the said corporation paid the sum of .f ,

And Whereas, The said pretended payment was made in the
worthless and valueless Treasury notes of the State, issued in viola-
tion of the Constitution, and for the purpose of aiding in the prose-
cution of the Rebellion, and was against the rightful authority of
the United States, and the said pretended payment was a fraud upon
the State of Texas, and ought to be condemned as illegal, immoral
and fraudulent, done and conceived with the purpose and intent to.
cheat, wrong and defraud the innocent and helpless children of the
State of Texas ;

Therefore be it declared by the people of Texas in Convent io7i
assembled, That the pretended payment so made as. recited in the
preamble to this declaration was and is fraudulent and void, and no>
plea of payment shall be received, entertained, or bad in any Court
of this State founded upon any pretended payment in the illegal
Treasury notes of Texas, or which is commonly known as Confede-
rate money or Confederate Treasury notes.

Sec. 2. And it shall be the duty of the Legislature, at its first
session after the adoption of this Constitution, to pass all necessary
laws to recover the principal and interest which may be then due the .
State of Texas by said company or corporation.

On motion the declaration Avas referred to the Committee on In-
ternal Improvements.

Mr. Fayle offered the following declaration :

Declaratio?i, That no property (qualification shall ever be required
in order to vote or hold office within this State, and

Therefore be it resolved^ That all charters, ordinances, or cor-
porate immunities heretofore granted within the limits of the State
of Texas be and the same are hereby repealed, in so far as they con-
flict with this declaration.

On motion the declaration was referred to the Committee on Politi-
cal or Legislative.

Mr. McCormick moved that the Convention resolve itself into.
Committee of the Whole upon the report of the Committee on Fede^-
ral Relations.

Carried.

Mr. Armstrong, of Lamar, in the Chair, the Committee rose,
reported progress, and asked leave to sit again to-morrow at ten
o'clock.

Leave granted.

On motion, the Convention adjourned until nine o'clock to-morrow
morning.

RECONSTRUCTION CONVENTION JOURNAL. 151

CAPITOL, AUSTIN, TEXAS,
June 25, 18(38.
Convention met pursuant to adjournment.

Roll called ; quorum present ; prajer hj the Chaplain. Journal
of yesterday read and adopted

Mr. Phillips of Wharton, from the Committee on Commerce and
Manufactures, made the following report :

Committee Room,
June 24, 1868.
To the Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Commerce and Manufactures, to whom
was referred the preamble and resolution requesting the committee
to take some action to encourage manufactures in the State of
Texas, have had the same under consideration, and they unanim^eusly
direct me to report to the Convention in favor of the adoption of
the resolution.

Respectfully submitted,

W. J. PHILLIPS,

Chairman.

Mr. Jordan introduced the following :

Resolved, That we the people of Texas, by our delegates in
Convention assembled, do in our independence, prosperity and high
position in the family, of nations, recognize the efficiency of Divine
Providence; Therefore

Resolved, That we regard it as our first duty in framing the
organic law of the State to acknowledge our faith in one living and
true God, and in the Lord Jesus Christ His Son, and in the Holy
Bible as a Divine revelation, and as containing the true principles
of all just government ; Therefore

Be if declared by this Convention, That no law shall ever be
enacted by the authority of the Constitution of the State of Texas,
which may in any way contravene the plain teachings of the Holy
Scriptures.

On motion, the resolution was referred to the Committee on
Education.

Mr. Phillips of Wharton, introduced the following declaration :

A DECLARATION.

Be it declared by the people of Texas in Convention assem-
bled. That in all civil actions, the time between the second of March,

152 RECONSTRUCTION CONVENTION JOURNAL.

1861. and the date of the recognition by the Congress of the
United States of the existence of a lojal State government in
Texas, shall not be computed in the application of any statute of
limitation, and that the liability of drawers of bills of exchange,
and of indorsers of negotiable instruments of every description,
shall not be discharged by any lapse of time between said date, or by
tlie failure of the holder to put such paper to protest or in suit
during the period between said dates.

On motion, the declaration was referred to the Committee on
General Provisions.

Mr. Fayle hitroduced the follovfing declaration :

To be inserted in the Bill of Rights.

A v/ell regulated militia being necessary to the safety of a free
State, every citizen shall have the right to keep and bear arms for
the common defence. Nevertheless this article shall not be con-
strued as giving any countenance to the evil practice of carrying
private or concealed weapons about the person ; but the Legislature
and municipal authorities within this State are fully auv;horized to
m':^.ke such laws and ordinances as shall tend to abolish a practice so
prolific of strife and bloodshed.

On motion, the declaration was referred to the Committee on the
Judiciary.

Mr. Fayle introduced the following declaration :

It being the olrject of all true government to give the largest
measure of individual liberty and personal right compatible v/ith the
general good of society and the safety and protection of all, there-
fore

Be it resolved, 1st. That no individu:>J or class of society shall
ever hereafter be debarred from the rights, privileges and immuni-
ties common to all citizens, and especially those of suifrage and
holding office, except aliens, idiots or lunatics and criminals.

2d. That all disabilities growing out of a participation in the late
rebellion shall be entirely removed in the year of our Lord 1880.

On motion, the declaration was referred to the Committee on
General Provisions.

Mr. Armstrong of Lamar, offered the following resolution :

Resolved by the people in Convention assembled, That tlie
Committee on Printing be instructed to contract for and have all
matter printed required by this Convention, and all resolutions and
declarations shall be printed after the same is engrossed and laid
uj)()n each member's table.

Mr. Armstrong of Lamar, moved that the rules be suspended to
take up the resolution.

Rules suspended.

RECONSTRUCTION CONVENTION JOURNAL. 153

Mr. Burnett offered the following amendment :

Resolved^ That hereafter all contracts of printing be made bj
the Comn)ittee on Printing, and that whenever any printing be
ordered bj the Convention that the Committee on Printing shall
have the same done.

The question recurring upon the adoption of the amendment,

It was lost.

The question recurring upon the adoption of the original resolu-
tion,

It was adopted.

]\:[r. Munroe offered the followina; resolution :

Resolved, That freedom of speech being one of the essential
attributes of freemen, that it shall be made a penal offence to dis-
turb any religious or political meeting held anywhere within the
limits of the State of Texas, either by threats, insults or the
exhibition of deadly weapons, so as to disturb the deliberations of
any such religious or political meeting held anywhere wiihin the
limits of the State of Texas.

On m.otion, the resolution was referred to the ConimJttee on
Political or Legislative.

The President submitted a communication from his Excellency
Gov. E. M. Pease, recommending the purchase of 3500 copies of
Paschal's Digest of the Laws of Texas.

On motion, it was referred to the Judiciary Committee.

Mr. Slaughter m^oved that Mr. Whitmcre be excused from attend-
ing the sitting of the Convention to-day.

Leave granted.

?>ir. Patten moved to take up the unfinished business upon the
President's table.

Carried.

Tiie President announced the first business in order was upon the
final passage of a resolution appropriating $15,000 for the payment
of the officers appointed by Provisional Governor A. J. Hamilton,

The question being upon its third reading, it was read a third
time and passed.

The next business in order was upen the report of the Committee
on Contingent Expenses, recommending the passage of the resolution
appropriating $;200 to frame the portiait of Gen. Sam Houston.

My. Munrce offered the following amendment :

Amended so as to read '-Father of Texas and American States-
man."

Mr. Flanagan moved the previous question.

Previous question seconded.

154 KECONSTRUCTION CONVENTION JOURNAL.

The question beiug "shall the main question be now put?"

The main question was ordered.

The question recurring upon the adoption of the resolution, it was
read a second time and ordered to be encrrossed.

Mr. McCormick moved a further suspension of rules to put the
resolution upon its third reading.

Kules suspended.

Resolution read third time and passed.

Mr. Pedigo moved that the Convention resolve itself into Com-
mittee of the whole upon the report of the Committee on Federal
Eolations.

Carried.

Mr. Armstrong of Lamar, in the chair.

The committee rose, reported progress, and asked leave to sit
again to-morrow at 10 o'clock.

Leave granted.

On motion, the Convention adjourned until to-morrow morning at
9 o'clock.

CAPITOL, AUSTIN, TEXAS,
June 26, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Armstrong, of Lamar, presented the following petition :

We, the undersigned citizens, permit and agree that our names
may be used in a Convention of the State of Texas, convened at
Austin, on the day of ■■ — , A. D. 1868.

Praying said Convention to grant us a ne^Y county out of the ter-
I'iiory between the Sulphurs. Beginning on South Sulphur, at the
Steward crossing, then north via Charles Hensley's to North Sul-
phur ; then down North Sulphur to the east boundary line of Lamar
county ; then south to South Sulphur ; then up said Sulphur to the
beginning: and said new county to be called " Bourbon," and the
county site to be situated as near the center of said new county as
practical)]e. Left to a majority of the voters, and said county site to
be called .

Signed by E. R. Hooten and eighty-six others.

On motion the petition was referred to the Committee on General
Provisions.

Mr. Thomas presented the following petition :

RECONSTRUCTION CONVENTION JOURNAL. 155

To the Honorable President and

Members of the Texas Convention :

We, the undersigned citizens, living within the limits of the pro-
posed new countj, owing to the great inconvenience in attending to
legal business at the county sites of Denton, Cook, Grajson, and
Collin, caused bj distance and high waters, respectfully ask your
honorable body to establish a new county, to be called " White,"
having Pilot Point as county site, the boundary line being as nearly
as may be, as follows :

Beginning on the east bank of Elm fork of Trinity river, on the
south boundary line of a survey made for J. W. Visor, about ten
miles north, 45° east from the town of Denton; thence southeast,
to the southwest corner of a survey made for T. Button, on Doe
Branch ; thence east to the east boundary line of Denton county, and
passing said line, corner in Collin county. Thence north parallel
with the west boundary line of Collin county to the north Iwundary
of Collin, and passing said line six miles corner in Grayson county ;
thence west and parallel with the north boundary line of Denton, to
Elm fork of Trinity ; thence with the meanderings of the stream to
the place of beginning.

Signed by A. C. Warren and seven hundred others.

On motion the petition was referred to the Committee on Counties
and County Boundaries.

Mr. Evans, of McLennan, from the Committee on Federal Rela-
tions, made the following report upon the resolution of Mr. Mills,
respecting the county of El Paso : *

Committee Room,
Austin, Texas, June 25, 1868.

Hon. E. J. DAVIS,

President Reconstruction Convention :

Sir : Youi committee to which was referred the resolution of Mr.
Mills, relinquishing the political jurisfliction and right of public
domain over El Paso county to the United States, have had the
same under consideration and beg leave to report that in the opinion
of a majority of the committee a separate government is necessary
for the welfare of the people of that distant county ; and believing
that the State will sacrifice no material interest in granting what is
requested, we recommend that the resolution do pass.

A. J. EVANS,
Chairman of the Committee on Federal Relations.

Mr. McCormick offered the following resolution :

Resolved^ That all resolutions and declarations originating in, or
reported upon fat'orably by any of the committees of the Convention,
shall be printed and laid upon the desks of each of the members.

156 REC0N3TR1DCTI0X CONVEMTIOX JOURNAL.

On raotioii, the rules were suspended and resolution passed.

Mr. Lindsay introduced the following declaration :

Resolved^ by the People of Texas m Convention asse?nbled,
That a provision, to the following eftect, be inserted ni the constitu-
tion about to be framed bj this Convention :

Sec. — . The Legislature shall provide , bj law for a geological
survey of the State, and to this end a geological bureau shall be
established by law. composed of a State geologist and such assistants
as may be deemed necessary, vrho shall receive such compensation
for their services as may be prescribed by law. The State Geologist
shall make a report, through the Governor, to each regular session
of the Legislature.

On motion, the declaration was referred to the Comm^ittee on the
Judiciar3^

Mr. Lindsay introduced the following resolution :

Resolved by the People of Texas in Convention assembled^
That the following provision shall be inserted in the Constitution of
the State of Texas :

Sec. — . Whenever it becomes necessary, under the laws, that the
State should be a party, plaintiff or defendant in any suit or judicial
proceeding, no bond shall ever be required by tlje State.

On motion the resolution was referred to the Committee on the
Judiciary.

Mr. Leib introduced the following declaration :

Re it declared by this Convention, That the following be a
section of the Constitution of th6 State of Texas :

That burying grounds, public schoolhouses, houses used exclu-
sively lor public worship, institutions of purely public charity, publio
property used exclusively for any public purpose, shall never be
taxed.

On motion the declaration was referred to the Committee on
Finance.

Mr. Burnett introduced the foHov^nng declaration :

Resolved, That the following be an article of the Constitution of
Texas.

Art. — . The social status of the citizen shall never be a subject
of legislation in this State.

On nrotion the declaration was referred to the Committee on Gen-
eral Provisions.

Mr. Armstrong, of Lamar, oiFored tlie following resolution :

Resolved, Tiiat the Committees on General Provisions, the Pub-
lic Lands, and the Public Debt, be authorized to employ one clerk,
whose duty it sh;^!! be to act as clerk to said committees.

RECONSTRUCTION CONYENTION JOURNAL. 157

Mr. Hauiilton, of Bastrop, moved that tlie rules be suispendcd to
take up resolution.

Carried.

The question recurring upon tlie adoption of the resolution, it
was adopted.

My. Thomas moved to take up the business on the President's
talde.

Carried.

The President announced the first business in order was the report
of the ComDiittee on Commerce and Manufactures, with accom-
panying resDlution respecting taxation upon machinery.

Mr. Burnett moved the resolution be postponed until next Thurs-
day. July 2, 1868, at 10 o'clock.

Carried.

Mr. Hamilton of Bastrop, moved that the Convention go into
Committee of the Wliole upon the report of the Committee on
Federal Relations.

Carried.

Mr. Armstrong, of Lamar, in the Chair.

Committee rose, reported progToss, and asked leave to sit on
Monday, at ten o'clock a. m.

Leave granted.

On motion, the Convention adjourned until to-morrow, at nine
o'clock.

CAPITOL, AUSTIN, TEXAS,
June 27, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Lindsay introduced the following declaration :

Be it declared^ by the People of Texas in Convention assembled,
That it is the true and the wisest policy of the State of Texas, to
grant settlement rights upon the public lands, within its territorial
jurisdiction, to every person who will settle, occupy, cultivate and
imprbve the land, in quantities not more than one hundred and sixty
acres to the head of a family, and not more than eighty acres to a
single person. And that every head of a fiimily, and every single
person who will locate and improve any portion of the public land,
now vacant within the limits of the State, by actual settlement and
improvement, may have the same survej^ed by any authorized sur-
veyor, which surveyor shall deliver his plot and certificate of survey

158 RECONSTRUCTION CONVENTION JOTJRNAL.

to the locator and settler ; and when it shall be presented to the Con^.
missioner of the General Land Office, he shall foithAvith issue a
patent to the seater, occupier and improver of the land so surveyed
as aforesaid.

It is further Resolved, by the Convention^ That this declaration,
in some form, be embodied in the Constitution.

On motion, the declaration was referred to the Committee on Pub-
lic Lands.

Mr. Lindsay introduced the following declaration :

Be it declared., by the People of Texas in Convention assembled.,
That one-fourth of the annual tax assessed and collected, as a revenue,
by the State, shall be sacredly dedicated to the education of the
children living and resident in the State, without .regard to race,
color and previous condition. And if the said one-fourth of the
revenue so assessed and collected, should exceed the sum necessary
for the annual accruing wants of the education of the children,
the regularly accruing surplus shall be funded and invested in
such stock and securities, as may be prescribed by law, the interest
of which alone shall be used and applied for educational purposes.
But, in no event, shall the money arising from such revenue, and
funded interest, be diverted by the Legislature from the purposes of
education.

Be it Resolved, That the above declaration be engrafted upon
the Constitution.

On motion, the declaration was referred to the Committee on
Education.

Mr. Fayle, from Committee on Enrolled Bills, reported the bills
numbering respectively from No. 8 to 18, as correctly enrolled.

Mr. Armstrong, of Lamar, presented the following petition, and
asked its reference to the Committee on Finance.

To The Honorable Members of the State Convention of
Texas, of 1868.

Petition of S. B. Buckley, for pay for services rendered the State as
Assistant State Geologist, in 1861, after April 5, of said year.

Your petitioner states that he was appointed to the office of Assis-
tant State Geologist, by Dr. Francis Moore, with tlie approval of
Gen. Houston, then Governor of the State ; and, further, that during
the administration of Gov. Houston, in 1861, he left Austin with
Dr. Moore, on a geological tour to the coal region of Fort Belknap,
and north-westward of said Fort ; thence along the frontiers, a large
portion of the time beyond the settlements. From whence they

RECONSTRUCTION CONVENTION JOURNAL. 159

arrived at Austin, on June 15, 1861, and then ascertained that Gov.
Houston had been deposed, and, also, that the Geological Survey
had been suspended by joint resolution of the rebel Legislature,
passed April 15, 1861, all of which was officially unknown to either
Dr. Moore, or your petitioner, until their arrival at Austin. As
this service was not made in aid of the rebellion, nor has your
petitioner ever in the least aided said rebellion ; he prays that he
may be paid in full for his services, then rendered as Assistant State
Geologist for the State of Texas.

He would further state that he was mostly engaged in the busi-
ness of the survey until the middle of July, 1861, when he left the
State and arrived at Philadelphia, where he remained engaged in the
study of specimens collected in Texas, pertaining to the natural his-
tory of the State, the results of which are partly embodied in his
Preliminary Report of the Geological and Agricultural Survey of
Texas, published by the last Texas Legislature. Said report has
been pronounced an able one by some of the best geologists of the
country. It has already done the State much good by making
known in part her vast mineral and agricultural resource^; therefore
it would be no more than just and right that your petitioner should
receive the pay of Assistant State Geologist for the six months of his
stay in Philadelphia.

Dr. Moore received pay for his services in the survey up to July,
1861, which was collected by his agent, Mr. Swinson. The
salary of Assistant State Geologist is fifteen hundred dollars a year
in specie.

All of which is respectfully submitted by your petitioner.

S. B. BUCKLEY.

Austin, June 27, 1868.

The petition was referred to the Committee on Finance.

Mr. Leib offered the following resolution :

Whereas, It has been the custom of the United States, in some
suitable and public manner, to avow a due sense of human obliga-
tion, to respect, as of Divine ordination, the day known as the
Christian Sabbath ; and

Whereas, No opportunity more appropriate can ever present
itself for the people of this State to make a similar avowal of
respect for that day than the present ; Therefore be it

Resolved^ That the Committee on General Provisions of the Con-
stitution be requested to inquire into the propriety of engrafting in
the Constitution of the State of Texas a provision requiring the
Legislature to make suitable laws for its due observance.

160 KECONSTSUCTION COI^VENTION JOURNAL.

On motion the resolution was referred to tlie Comraittee on Gen-
eral Provisions.

Mr. Mills moved that the business on the President's table be
taken up.

Carried.

The President announced the business on the table to be the
report of the Committee on Federal Relations, respecting the relin-
quishment by the State to the United States, of political jurisdiction
and right of public domain over El Paso county.

Mr. Hamilton, of Bastrop, moved to rc-commit the report to the
Committee on Federal Relations.

The President announced the hour had arrived to take up the
report of the Committee on Division of the State, made the special
order for ten o'clock to-day.

Mr. McCormick moved to postpone the consideration of the report
until ten o'clock on Tuesday morning, June 30, 1868.

The yeas and nays were called and resulted as follows :

Yeas — Messrs. Armstrong, of Jasper, Bell, Boyd, Burnett
Caldwell. Carter, Cole, Constant, Fayle, Fleming, Foster, Gaston
Glenn, Goddin, Gray, Grigsby, Hamilton, of Travis, Harne, Kealy,
Keigwin, Leib, Lindsay, Mackey, McCormick, Mills, Morse
Muckleroy, Mundine, Munroe, Pcdigo, Phillips, of San Augustine
Piiillips, of Wharton, Rogers, Smith, of Marion, Sorrell, Stock-
bridge, Talbot, Thomas, Varnell, Vaughan, Watrous, Wilson, of
Brazoria, Wright — 43.

Nays — Messrs. President, Adams, Armstrong, of Lamar, Bellin-
ger, Bledsoe, Board, Brown, Bryant, of Grayson, Bryant, of Harris,
BuHington, Butler, Coleman, Degener, Downing, Evans, of McLen-
nan, Evans, of Titus, Flanagan, W. Flanagan, Hamilton of Bastrop,
Harris, Hunt, Johnson, of Harrison, Johnson of Calhoun, Jordan,
Kendal, Kuechler, Kirk, Lippard, Long, Mc Washington, Mullins,
Newcomb, Oaks, Patten, Schuetze, Scott, Slaughter, Sihith, of
Galveston, Sumner, Whitmore, Williams, Wilson, of Milam, Yar-
borough — 43.

So the motion to postpone was lost.

Mr. Bryant, of Grayson, moved a reconsideration of the vote upon
the question of postponement.

Mr. Hamilton, of Bastrop, moved to lay the motion on the table.

Tlie yeas and nays were called and resulted thus :

Yeas — Messrs. President, Armstrong, of Lamar, Bledsoe, Board,
Bryant of Harris, Butler, Burnett, Coleman, Curtis, Degener,
Downing, Evans of McLennan, Evans, of Titus, Flanagan, W.
Flanagan, Foster, Glenn, Hamilton, of Bastrop, Harris, Hunt, John-
son, of Harrison, Jordan, Kendall, Kuechler, Leib, Lippard, Long,

RECOXSTRUCTION CONVENTION JOURNAL. 161

IMulliiis, Newcomb, Oaks, Patten, Ruby, Scbuetze, Slaughter,
Smith, of Galveston, Talbot, Whitmore, Williams, Wilson, of Milam,
Yarborougli — 40.

Najs — Messrs. Adams, Armstrong of Jasper, Bell, Bellinger,
Boyd, Brown, Bryant of Grayson, Buffington, Caldwell, Carter,
Cole, Constant, Fayle, Fleming, Gaston, Goddin, Gray, Grigsby,
Hamilton of Travis, Harne, Johnson of Calhoun, Kealy, Keigwin,
Kirk. Lindsay, Mackey, McCormick, McWashmgton, Mills, Morse,
Muckleroy, Mundine, Munroe, Pedigo, Phillips, of San Augustine,
Phillips of Wharton, Rogers, Scott, Smith, of Marion, Sorrell, Stock-
bridge, Sumner, Thomas, Varnell, Vaughan, Watrous, Wilson of
Brazoria, Wright — 48.

So the motion to lay on the table was lost.

The question recurring on the motion of Mr. Bryant, to reconsider
the vote upon the question of postponement, the yeas and nays were
demanded and resulted thus:

Yeas — Messrs. Adams, Armstrong, of Jasper, Bell, Bellinger,
Boyd, Bryant, of Grayson, Buffington, Caldwell, Carter, Cole,
Constant, Fayle, Fleming, Foster, Gaston, Goddin, Gray, Grigsby,
Hamilton, of Travis, Harne, Johnson, of Calhoun, Kealy, Keigwin,
Kirk, Lindsay, Mackey, McCormick, McWashington, Mills, Morse,
Muckleroy, Mundine, Munroe, Pedigo, Phillips, of San Augustine,
Phillips, of Wharton, Rogers, Scott, Smith, of Marion, Soirell,
Stockbridge, Sumner, Thomas, Varnell, Vaughan, Watrous, W^ilson,
of Brazoria, Wright — 48.

Nays — Messrs. President, Armstrong, of Lamar, Bledsoe, Board,
Brown, Bryant, of Harris, Butler, Burnett, Coleman, Curtis, Degener,
Downing, Evans, of McLennan, Evans, of Titus, Flanagan, W.
Flanagan, Glenn, Hamilton, of Bastrop, Harris, Hunt, Johnson, of
Harrison, Jordan, Kendal, Kuechler, Leib, Lippard, Long, Mullins,
Newcomb, Oaks, Patten, Ruby, Schuetze, Slaughter, Smith, of Gal-
veston, Talbot, Whitmore, Williams, W^ilson, of Milam, Yar-
borough — 40.

So the motion to reconsider was adopted.

The question recurring upon the motion to postpone the consider-
ation of the report of the Committee on Federal Relations until Tues-
day next, Mr. Varnell moved the previous question upon the adop-
tion of the motion. i

Previous question seconded.

The question recurring, '• shall the main question be now put,"
the main question was ordered.

The question recurring upon the adoption of the motion to post-
pone, the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Bell, Bellinger, Bledsoe,
11

162 RECONSTRUCTION CONVENTION JOURNAL.

Boyd, Brown, Bryant, of Grayson, Bryant, of Harris, Caldwell,
Carter, Cole, Constant, Curtis, Fayle, Fleming, Gaston, Glenn,
Goddin, Gray, Grioisby, Hamilton, of Travis, Haa-ris, Harne, John-
son, of Calhoun, KeaJy, Keigwin, Lindsay, Mackey, McCorniick,
Mc Washington, Mills, Morse, Muckleroy, Mundine, Munroe, Pedigo,
Phillips, of San Augustine, Phillips, of Wharton, Rogers, Schuetze,
Smith, of Marion, Stockbridge, Sumner, Thomas, Varnell, Vaughan,
Watrous, Wilson, of Brazoria, Wright — 50.

Nays — Messrs. President, Adams, Armstrong, of Lamar, Board,
BuiSngton. Butler, Burnett, Coleman, Degener. Evans, of McLen-
nan, Evans, of Titus, Flanagan, W. Flanagan, Hamilton, of Bastrop,
Hunt, Johnson, of Harrison, Jordan, Kendal, Kuechler, Kirk,
Leib, Lippard, Long, Mullins, Newcomb, Oaks, Patten, Buby,
Slaughter, Smith, of Galveston, Sorrell, Talbot, Wliitmore, Williams,
Wilson of Milam, Yarborough — 36.

Two-thirds not voting in the affirmative, the Convention refused
to postpone the consideration of the report.

Mr. Hamilton, of Bastrop, moved that the Convention resolve
itself into Committee of the Whole upon the report of Committee on
Division of the State.

Carried.

The Convention then went into Committee of the Whole, Mr.
Armstrong, of Lamar, in the Chair.

The Committee rose, reported progress, and asked leave to sit on
Tuesday morning, at ten o'clock.

On motion, the Convention adjourned until nine o'clock Monday
morning.

CAPITOL, AUSTIN, TEXAS,
June 29, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Degener, Chairman of the Committee on Immigration, made
the following report:

Committee Room,
June 28, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : The Majority of the Committee on Immigration has instructed
me to report the folloAving resolutions, to form a part of our new
Constitution, to- wit:

EECONSTHrCTION CONVENTION JOURNAL. 163

ARTICLE — .

IMMIGRATION.

■Section 1. A Bureau, to be known as "the Bureau of Immi-
,gra.tion," is hereby established, which shall have the supervision and
■control of all matters connected with immigration. The Chief of
said Bureau shall be styled " Superintendent of Immigration." He
shall be appointed by the Governor, by and with the advice and con-
sent of the Senate, for the term of four years, and shall receive a
salary of not less than dollars per annum during his continu-
ance in office.

Sec. 2. The Legislature shall be required to enact the necessary
laws, and shall have power to appropriate a sum not exceeding — th
pnrt of the regular revenue of this State, for the pui-pose of pro-
moting and protecting immigration.

Sec. 3. Such appropriation shall be devoted, a — to defray the ex-
penses of the Bureau of Immigration and contingent expenses ; b —
to support agencies in foreign seaports; c — to pay in part or in
toto the passage of emigrants from Europe to this State, and their
transportation on railroads in this State.

Sec. 4. Each in^migrant, head of a family, whether male or
female, shall be entitled to locate and appropriate a tract of one hun-
dred and sixty (160) acres, and each male immigrant, not the head
of a family, shall be entitled to locate and appropriate a tract of
eighty (80) acres out of the public domain of the State. The lands
donated to immigrants by this section shall become their property in
fee simple, after three years' personal occupation of the same by
themselves or their heirs, free of all costs whatever, other than the
expense of surveying the same.

Deeming it appropriate that a statement should accompany the
resolutions, setting forth the motives and arguments for said resolu-
tions, your Committee has further instructed me to oflerthe following

REPORT.

A nation which dei'ives its origin from immigration, whose num-
bers are annually svfelled by hundreds of thousands from the same
•source, thus producing an increase of population not paralleled in the
history of any other nation, could not fail to recognize the impor-
tance of regulating by appropriate legislation such accession of pow-
er, wealth and civilization. Thus, at an early day, have the free
States of America made it their special care to guide and protect

164 EECOXSTRUCTION COXVEXTIOX JOUKXAL.

the stream of immigrants, Avbicli in dailj inci casing proportions,
flows from the cradle of the American nation to the United States.
Agencies were established in foreign and domestic seaports to diffuse
among the immigrants a proper knowledge of the resources of the
various States, to protect them against unscrupulous freighters : to
prevent their being fleeced by bogus raih'oad agents, landlords, or
such other imposters as seaports are generally* infested with ; and to
provide for the health and comfort of the immigrants as well as for
employment or cheapness of transportation to the interior of the
country.

The unparalleled progress of the great West is the recompense
for such wise statesmanship, and needs only to be ])ointed at to make
any further arguments superfluous.

The American slave States could not keep time with their success-
ful sister free States.

Apart from the abhorrence in which Slavery is held by Euro-
peans, and the reluctance of a free laborer to enter into competition
with a slave, the advocates of the forced labor system recognized but
too well that immigration was the most deadly enemy of their
cherished institution ; and this fully explains why all the efforts of
patriotic Southerners to lead a portion of the stream of immigrants
into their States were frustrated by the wealthy and powerful slave
aristocracy. This impediment is now abolished. Those who formerly
were the greatest obstacles to forwarding immiirration are now the
loudest in clamoring for free white labor, and are willing, even by a
special taxation for this purpose, to import laborers for their broad
acres, to relieve themselves from the harsh contact with their former
slaves, whom they never Ciin forgive — that from property they have
become their equals at tlie ballot box.

On the other hand, tlie white laborer, weighing the relative merit'?
of the different States, for the {iurpose of selecting a new home, will
soon di.scover that wherever the protection of life and property are
equal, fertility of soil and a more congenial climate must liear down
heavily the scales in favor of the Soutliern States. If a hard-working
immigrant can nrake it a paying business to cultivate the soil in a
climate where, of tiic six summer months, he must toil nearly three
for brin^jinii his cattle throuirh the six winter months, where the in-
clemency of the climate forces him to invest a large amount of his
earning.s in a dwelling and expensive clothing for his own and his
family s comfort; he cannot be in doubt that a climate Avhcre all the
year round the cattle work for him; where the lightest dress and
the most primitive dwelling afford amj)le protection, that there he
will be able in a nuich shorter lime to work himself up to a comfort-
able competency.

KECONSTRUCTION COXYENTION JOURNAL. 165

Impressed with the correctness of these vievfs, jour" Committee
tliink it appropriate to provide, in a sepaiate Article of our new
Constitution, for the establishment of a special Bureau charged with,

Ssc. 1. " The supervision and cojitrol of all matters connected
with immigration." It is obvious that an officer who is apjxiinted to
superintend so important a branch of our Government, to whom, in a
great measure, must be entrusted the distribution of the funds which
our future Legislatures may appropriate for immigration purposes,
must be liberally salaried, so as to enable him to devote all his time
and all his energies to the great object in view. It is left to the
Convention to fill up the blank, indicating the minimum below which
it would be useless to try to secure fii'st-rate ability.

LEGISLATION.

Section 2. Without discussing the powers for Special Legis-
lation, with which this Convention may be vested, your Commit-
tee holds that such power should be used with the utmost dis-
cretion, and has on that account confined itself to impose upon
the Legislatures hereafter the duty of regulating by appropri-
ate laws all such matter as may appertain to immigration;
vesting it at the same time with power to appropriate a sum of
money out of the public treasure wl.-ich may be necessary for
carrying out the measures then- wisdom may deem appropriate;
binding them only so far, as a maximum is stipulated, beyond Avhich
they have no authority to burthen the public treasury, which maxi-
mum l^eing left blank, it is the province of the Convention to fill.
It must be left to the discretion of the several Legislatures, with
due consiueration of the report of the respective State Comptrollers,
to estimate the amount which, during their financial period, can be
spared for immigration purposes.

distsibltion of funds.

Sec. 3. Without critering intodetails, your Committee thought it ap-
propriate to give an outline of the system it would favor, if called upon
to act as legislators on the subject; and has on that account stated in
this section, under the subdivision of a, b. c, for what pu^'poses the
appropriated money should be used, without binding the Legisla-
tuies in any m.anner as to the proportion in which such subdivision
should be made.

The office of Superintendent and his Bureau being established by
law, tlie salary of the fbimer and of as manj- clerks as it may be
thought necessary to employ, together with the Bureau expenses,

16(3 RECOXSTRUCTTOX CONVEXTIOX JOURNAL.

s icli as the* publication and distribution of pamphlets setting fbrth
the resources and the advantages offered by this country, and the in-
ducements held out by our Government will, as a matter of course,
remain a standing item on the Budget of the State.

The hight of the appropriation sub. b. for the support of agencies,.
will, in a°gre-^t measure, depend upon the tot-.il amount which can
reis'onably''be devoted to the expenses provuled forsub. c for the pay-
ment of o^ean and railroad passage of the immigrants.

Your Committee has advisedly used the wwd foreign, in speaking
of seaports where agencies ought to be (.-stablished, for the patent
reason that it is more desirable for a country if iunnigrants arrive
with some means, be they ever so small, than if a circuitous loute
and the various extra commissioners through whose liaixls they pass
between the point of departure and their final arrival in Texas, have
exhausted their very last dime, and thus throw them upon the mercy
of the first labor speculation who may have an order for procuring
hands for a sugar or cotton plantation in an uulic-t\lthy swauip

district. .

It is true, that the department of the superintendent is to take
care of the immigrants on their first arrival ; this duty will, how-
ever, be considerably facilitatetl, if immigrants do not arrive as en-
tire paupers, and f dl at once to the charge of the country after
leaving the ship.

Your Committee holds, that a sum of .^10,000 annually devoted
to defray the e.^penses of the Bureau at the Ci-.pital, for the sub-ageu-
cies in our own sea-ports and for the two or three agents or commis-
sion merchants in Europe, well applied,, should be fully sufficient to
meet tlie requirements. . .

It is a well known fact that cheapue-'s of transportation is one o.
the greatest inducements for the immigiant in deciding his choice
for Ins new destination; especial care ougitt therefore to be taken, to
reducj the passenger frciglit to our seaports to as low a standard, as
sliorter distances, and the competition between sliip owners, have re-
duced it to Northern harbors. Tlie unavoidable difierence between
fi-oight-i from Europe to Northern seaports and our shipiung places-
should bo borne entirely by our State goverrnnent : anditgreitly
depends uiviu the liberality of our Lrgislatures -for this particular
purpose, \vhether the funds appropriated for tiie Bureau and the tor-
eign agencic.«<, will turn out as a profitable investment tor the benefit
of our country, or svs a sinecure only for the officers.

It is obvi^»u^. that precisely in the same proportion as the nuiubcr
of immigrants increases, will the share of the Bureau expense*
dimini^b.'^with wliich the in.livi.lual immigrant lias to be charged.
Thus, csliiuating the subsidy for the freii^ht of every numigriuit

RECOXSTRUCTION COIvYENTION JOURNAL. 167

to be .f;20 and the general expenses to be ,*^10,000, an appropriation
of $100,000 would be sufficient to enrich the country -svith 4500
immigrants ; or every individual immigiant would cost the country
from 22 to 23 dollars.

Your Committee advisedly calls it enriching the country, because
a small outlay acquires a producing capital, the interest of which
netts in one year more than four times the original outlay.

It must be conceded that every laborer or producer represents a
certain capital, and that the surplus of his labor, over and above
what he himself consumes, may be computed as the inteiest such
capital contributes to th'e nelt income of the country.

The wealth of a nation consists in the accumulated surplus of its
labor, and if the portion of such surplus in a slave State, which is
invested in ''hands ' be enumerated among the assets, it is but falsify-
ing comparison with the wealth of a nee State, where the produce
of free labor capital is the inalienable property of the individual and
therefore not enumerated.

Settmg apart all considerations of philanthropy and civilization,
and drawing a cool calculation of economy alone, it must be conceded
that the importation of free labor is just that much more value to
the country at large, as the investment for a similar forced labor ca-
pacity would have amounted to ; or taking the average wages of a
laborer as a standard, he is just worth so much to the country, as a
capital owned by a citizen is, which produces as much interest as the
annual nett wages of the former may be computed at.

A field hand can at present with facility secure from ten to fifteen
dollars per month, or from 100 to 150 dollars all the year round, in
hard cash. l)oard and lodsino; being found ; and rei^resents on that
account a productive capital value of at least 1000 to 1500 dollars.

Compared with this access of wealth, the amount donated to the
immigrant to facilitate his transportation, dwindles into insignifi-
cance ; and is refunded to the country in a few months, provided the
laborer does not at once again leave the country and export his earn-
ings.

It is true, the outlay does not flow back to the same source from
which it originated, but this impairs in no manner, the aggregate of
the National income.

LAND DONATION.

Sec. 4. The Land Donation provided for in this section, may
serve as an inducement to such emigrants, who coming from thickly
populated districts, where land is an expensive commodity, are but
too readily inclined to over-estimate a donation, which at their native

168 RECONSTRUCTION CONVENTION JOURNAL.

place in itself -would constitute a fortune. To avoid the reproach of
misrepresentation, it ought to be made the duty of our foreign agents
to fully explain the real value of such donation to the immigrant.

The suggestion of issuing Land Scrips to the immigrants, which
eventually might be sold by them, or giving them the permission to
dispose of a portion thereof, say one-half, for the purpose of paying
their transportation, was discussed in the Committee, but met with
no favor, as the object of the donation is the cultivation of the land
and not to furnish additional material for land speculation.

■ If an immigrant avails himself of the pre-emption advantage, the
proviso of a three year's personal occupation more than compensates
the donation, not to mention the enhancement of the value and in-
creased taxability of the lands bordering on the new location.

PRIVILEGES GIIAXTED BY THE CONSTITUTION.

Your Committee might be accused of having, perhaps, only one
particular branch of immigration in view, in drafting the above res-
olutions, and owes it, therefore, to itself, to assign the reasons for so
doing.

It is not the wealthy foreigner, nor the merchant ; not the indus-
trial nor the experienced American citizen; innnigrating from another
State to Texas, who is in need of tiie protecting and assisting hand of
the Bureau of Immigration, but such class of foreign labor to whom
the trifling outlay for ocean transportation is a serious considera-
tion.

^Vllat we are in need of, is a hard working thrifty population,
which clings to the soil it has once undertaken to cultivate, without
nom;idic propensities and of unquestionable loyalty to the Goceni-
■meiit of the United Elates; and it will not be denied, that the Ger-
man and Scandinavian nationalities possess these qualifications in an
eminent degree.

It is tlierefore but proper to call the attention of tb.is Convention,
and of the respective connnittees, to such points which have a direct
bearing upon the peculiarities of the above nationalities.

Fully realizing tiio liberality of the U. S. Naturalization law,
your conimittee liolds that a more liberal practice than hitherto in
force, with rei^ard to State franchise, is as imperatively demanded by
the circumstances, as a Constitutional provisio'i. rendering legisla-
tive interference in matters of religion imp()ssii)le.

Tho opposition against colored suffrage can not be met witli greater
force, than by allowing bona fide settlers to acquire the full right of
State citizenship in six or twelve months after tlieir arrival ; tlie his-
tory of the equal suffrage amendment, in some of the Northern

RECONSTRUCTION CONVENTION JOURNAL. 169

States, when saddled with Sunday laws, can not fail to challenge the
earnest attention of eveiy true Republican.

Immigrants will not wend their way to such States, where former
settlers are dissatisfied with the laws of the country ; they will go
where the laws are in full harmony with their own peculiarities.
All of which is most respectfully submitted.

E. DEGENER,
Chairman of Immigration Commiittee,

Mr. J. W. Flanagan, from the Committee on Internal Improve-
ments, made the following report.

To the Hon. E. J. DAVIS,

President of the Convention :
Your Committee on Internal Improvements have had under
consideration a declaration in relation to railroads, in which the
Convention is asked to consolidate the Brazos Branch Railroad
Company and the Henderson, Marshall and Jefferson Railroad
Company into one company, to be known as the International
Pacific Railroad Company.

Your committee have given due consideration to this very
important question, and from all the light before them, a majority
of the committee instruct me to report the declaration back to the
Convention with a recommendation that it pass.

J. W. FLANAGAN,
Chairman of the Committee on internal Improvements.

Mr. Smith of Galveston, made the folio tving minority report :

Committee Room,
June 27, 1868.

To the Hon. E. J. DAVIS,

President of the Convention :

The minority of the committee, to whom wa.s referred the declara-
tion to consolidate and incorporate the Brazos Branch and the
Henderson, Marshall and JeEFcrson Railroad, respectfully report
that they regard all such special legislation at this time unnecessary
and unwarranted ; that there is now a bill pending before the
United States Congress relative to this very question, and which
v/ill, if it becomes a law, prepare the people of Texas to act ; that
the division of the State of Texas will qualify all such legislation,
and it is altogether a premature measure ; that it is proposed to
introduce into the Constitution of the State a provision governing
all legislation in regard to corporations ; and that we a re opposed to

170 RECONSTRUCTION CONVENTION JOURNAL.

galvanizing into life a dead corporation, unless it can be slioy>'n that
there is a real bona fide company, prepared with the means and
ability to prosecute to a successful temiination the improvement
they ask tliis Convention to sustain. For these reasons ■'.ve respect-
fully submit the iblloAving resolution, and ask that it do pass :

Hcsolrcd. That the declaration consolidating the Brazos Branch
and the Henderson. Marshall and Jefleison Railroad, and granting
a new charter, be indefinitely postponed.

ROBERT K. SMITH,
ANDREW BO Winding. Sr.,
N. FATTEN.

Mr. ]Munroe, from the Committee on Engrossed Bills, made the
following report :

Committee Room,
June 29, 18G8.
Hon. E. J. DAVIS,

President of the Convention:

Sir : The (Committee on Engrossed Provisions, after examination,
instruct me to report the following resolutions as correctly en-
grossed, to wit :

No. 19, Resolution ordering the printing of 400 copies of the
reports of Wm. Alexander, Esq., late Attorney General of Texas.

No. 20. Resolution defining the ])owers of this Convention.

No. 21. Resolution appro})riating twenty-five thousand dollars, or
so much theieof as may be necessary, to oiler rev.aids for the
apprehension of desperadoes.

No. 22. Resolution amendinir the rules ^rovernino; the Convention,
80 that a simple resolution, or resolutions relating to the govern-
ment of the (Jonvention, vnay be disposed of upon a vote at first
reading.

No. 23. Resolution appropriating the sum of two hundred dollars
to frame the portrait of Gen. Sam Houston.

No. 24. Resolution appropriating fifteen thousand doll::rs for the
payment of the civil officers of the State, appointed by Provisional
Governor A. J. Hamilton.

Respectfully submitted,

A. T. MUNROE,

Chairman.

Report adopted.

Mr. BfUiiiger, from the Committee on Federal Relations, to
whom wa.s referred a resolution of Mr. Mills, ceding the county of
El Paso to the United States, made the following minority report :

ebconstructiox convention journal. 171

Committee Room,
June 29, 1868.
To Hon. E. J. DAVIS,

President of the Convention :
Sir : A minority of the Committee on Federal Relations, to
whom v/as referred a, resolution by Mr. Mills of El Paso, being
unible to agree with the majority of said committee, offers the
following report :

El Paso county contains an area of 9450 square miles, with a
population, according to the latest census, taken in 1860, of 4050
inhabitants, only 436 of whom have registered, the vote cast at the
last election beinn- 292 for and 2 against a convention. The assess-
meat of State taxes for 1867 was ^2151 64, or 53 cents per head.
The average for the entire section west of the Colorado being $1 10
per ]jead.

Almost the entire population of the county is concentrated in the
narrow Rio Grande Valley from Franklin to Elis^iria, this being the
Oidy pordon of tlie county redeemed for cultivation.

The papulation has hardly made as much as an attempt to settle
outside said valley, and never e.^ercised any control over the vast
uninhabited territory situated vdthin the limits of the county ; nor is
it to be expected that the population, in its present composition,
will make such aa attempt.

The future condition of the country therefore is entirely subject
to t'le influx of a now element to its population, which can only
reasonably be expected from that section of Texas which is jjroposed
to be erected into a new VYestern State.

The wide territory between the Rio G-rande and Pecos Valleys,
situated in the region of meteorologic permanency, suffers almost under
a continuous di'ought, and but few places outside the Pecos Valley
are available for agriculture with artificial irrigation. This deficiency
of atmospheric humidity is amply compensatxl by the abundance of
metalic resources. The range of hills traversing the country in a
northwesterly direction, being spui's of the Sierra Madre of Mexico,
fully maintaining the same character of the latter. And their
mineral wealth has justly become proverbial. Coal, iron, lead,
copper and silver to some extent, are the minerals in wiiich this
region abounds, in deposits and in veins ; but above all in the
unmeasurable layers of rock salt, capable of furnishing a continent
with this indispensable commodity, Vtdiich v/ill make this region one
of the most desirable portions of West Texas, which has to furnish
the raining population to lift the treasure from its now hidden abode.

In view of the little adaptability of this region for agriculture, it

172 IlECO>'STIirCTION COX^EXTIOX JOUFtXAL.

>vill be the department of tlie northwestern counties of Texas to
furnish the hreadstulTs for the mining popuhition.

To cede the jurisdiction over this territory, as contemplated in
the majority rejwrt, and over the plains intervening between El Paso
and the western counties, exposing it perhaps to be converted into
Indian reservations, v.-ould be as disastrous a policy as could befal
this country ; and it would be relinquishing without any compensa-
tion a country vast in extent, whose intrinsic value has never yet
been suiEciently explored, and therefore cannot be properly com-
puted.

Should it be the determination of Texas to sell to the United
States that portion of territory lying without the limits of the
organized counties, it Avould be of the utmost importance for Texas
to be able to embrace in said transaction this valuable region, wliich
is noAV proposed to be alienated without any consideration. But
should this event never occur, it vrould be unwise in Texas to deprive
herself of the resource of so much future wealth and pi-osperity for
her people.

The minority of your committee therefore report that the
majoi ity report be not adopted.

All of which is respectfully submitted,
JACOB KUECilLER,
E. BELLINGER.

Mr. Sumner moved a suspension of rules to allow IMr. Burnett to
introduce a petition.

Motion lost.

Mr. Smith, of Galve.--ton, offered the fillowing resolution :

Rcsij/vcd, That a committee of fifteen be apj)ointcd by the Chair,
to attend the exhibiiiou at the State Institution of the Blind, to-
morrow, at 9 o'clock.

Mr. Smith, of Galveston, moved a suspension of the rules to take
up the resolution.

link's suspended.

Mr. Ruby moved to amend by adding, "the Committee on Educa-
tion.''

The resolution as amended was adopted.

Mr. Evans, of McLennan, introduced the following declaration :

WllKUKAs, It is very probable that the regularly contemplated
biennial ses-ion of tlie State Legislature of Texas will not meet in
the year 1 SOS; and

WiiKiiE.v.s, Such fiilure to meet may prejudice the interests of
railroad companies, in loss of their chiU'ter, etc., etc.; be it therefore
declared :

RECOXSTRUCTIOX CONVENTION JOURNAL. 173

Section 1. That all railroad companies in Texas holding chartors
''/vhich may be affected in their rights by a failure of the said biennial
session of the Legislature in the year 1868, shall not suffer any
prejudice in their charters, rights and privileges, until ninety days
after the meeting of the first lawful Legislature, with consent of
Congress of the U nited States, shall meet in Texas.

On motion, the declaration was referred to the Committee on In-
ternal Improvement.

Mr. Evans, of JNlcLennan, introduced the following declaration :

Be it declared, That the sum of dollars be and the same

is hereby appropriated out of the contingent fund of the Convention,
to pay the expenses of the Committee to Investigate the State Peni-
tentiary, travelling expenses, expenses of witnesses, etc., etc.

On motion the declaration was referred to the Committee on Con-
tingent Expenses.

Mr. Harne, of Grimes, introduced the following resolution :

Resolved, That the following be a section of the constitution :

Section — . No person shall ever be imprisoned for debt, except
in cases of fraud, after verdict and judgment of a court of competent
jurisdiction ; and it shall be the duty of the Legislature to provide
for carrying this provision into effect.

On motion the resolution was referred to the Committee on Gen-
eral Provisions.

Mr. Vaughan offered the following resolution :

First. Be it ordained by the People of Texas in Convention
assembled, That the sum of one hundred thousand dollars, or so
much thereof as may be necessary, be and the same is hereby appro-
priated out of any money in the State treasury not otherwise appro-
priated, to pay a bounty of one hundred dollars to each enlisted man
who was honorably discharged from the First and Second Texas
Cavalry, United States Volunteers, who served in the late war in
aid of putting down the rebellion ; and that the m.ilitary commander
of this department be requested to authorize the payment of this
appropriation.

Second. Be it further ordai)ied, That said bounty shall be paid
on the claimant making such proof of his enlistment and honorable
discharge, before the Comptroller, as may be prescribed by the Gov-
ernor of the State of Texas.

On motion the resolution was referred to the Committee on
Federal Relations.

On motion of Mr. Johnson, of Calhoun, the Convention resolved
itself into Committee of the Whole upon the report of the Com-
mittee on Federal Relations.

Mr. Armsti'ong; of Lamar in the chair.

174 RECOXSTRrCTIOX COXVEXTIOX JOVRXAL.

TLe committee rose, reported progress, and reported the sub-
stitute of Mr. Hamilton, of Travis, to the report of the Committee on
Federal Relations.

Mr. Smith, of Galveston, moved a call of the House.

Call sustained.

Mr. narailton, of Travis, moved the Convention adjourn iintil
9 o'clock to-morrow morning.

Motion withdrawn bj consent.

Mr. Smith, of Galveston, moved to adjourn until to-morrow morn-
ing, at 9 o'clock, upon Avhich the jeas and nays were called arid
resulted tlius :

Yeas — Messrs. Armstrong, of Larrar. Bledsoe. Butler, Cole-
man, Evans, of Titus. Fleming, Lippaid, Mundine, Phill'ps, of San
Augustine, Schuetze — 10.

Nays — Messrs.' President, Adams, Armstrong, of Jasper. Bell,
Bellinger, Board, Bojd, Brown, Bryant, of Graysoii, Bryant, of
Harris, Buffington, Burnett, Caldwell, Carter, Cole, Constant, Curtis,
Dcgener, Downing, Evans, of McLennan, Fayle, Flanagan. W.
Flanagan, Foster, Gaston, Goddin, Gray, Grigshy, Hamilton, of
Bastrop, Hamilton, of Travis, Harris, Harne, Hunt, Johnson, of
Harrison, Johnson, of Calhoun, Jordan, Kealy. Keigwin, Kendal,
Kuechler, Kirk, Leib, Lindsay, Long, Mackey, MeCormick,
McWashington, Mills, Morse, Mucklcroy, Munroc. Newcomb, Oaks,
Patten, Pedigo, Posey, llogei"s. Ruby, Scott, Slaughter, Smith, of
Galveston. Smith, of Marion, Sorrell, Stockbridge, Sumner. Talbot,
Thomas, Varnell, Vaughan, Watrous, AVhitmore, Williams, Wilson,
of Brazoria, Wilson, of Milam, Wright, Yarborough — 77.

So the Convention refused to adjourn.

Mr. Smith, of Galveston, moved the call of the House be with-
drawn.

Mr. Hamilton, of Bastrop, moved to lay the substitute on the
table.

The yeas and nays were called and resulted thus :

Yeas — Messrs. Pre.udent, Arni.strong, of Jasper, Bell, Bellinger,
Bledsoe, Boyd, Brown, Bryant of Harris, Butler, Carter, Coleman,
Curti.s, Dogencr, Downing, Evans, of McLennai), Evans, of Titus,
Foster, Glenn, Hamilton, of JJastrop, Hunt, Johnson of Hariison,
Jordan, Keigwin. Kendal, Kuechler, Kirk, Leib, Lippard, Long,
McWa.>^liington, Mullins, Newconib, Oaks, Patten, Rul)y, Schuetze,
Slaughter, Smith, of Galveston, Sorrell, Talbot, Thomas, Watrous,
Whitmore, Williams, Wil.-^on of Milam, Yarborough — 4C).

Nay.s — Me.'<srs. Adams, Armstrong, of I^amar, Board, IJryant, of
Gray.^on, Buflington, Burnett, Caldwell, Cole, Con.stant, Fayle,
Flanagan, W. Flanagan, Fleming, Gaston, Goddin, Gray, Grigsby,

RECONSTRUCTION CONVENTION JOURNAL. 175

Hamilton, of Travis, Harris, Harne, Johnson, of Calhoun. Kcaly,
Lindsay, Mackey, McCormick, Mills, Morse, Muckleroy, Mundine,
Munroe, Pedigo, Phillips of San Augustine, Phillips, of AYharton,
Posey. Rogers, Scott, Smith, of Marion, Stockbridge, Sumner,
Varnell, Vaughan, Wilson, of Brazoria, Wright — i3.

So the substitute was laid on the table.

Mr. Hamilton, of Bastrop, moved to reconsider the vote by which
the substitute of Mr. Hamilton of Travis was laid upon the table,
and also moved to lay the motion to reconsider on the table.

The motion to lay on the table was carried.

On motion the Convention adjourned untill nine o'clock to-mor-
row mornino;.

CAPITOL, AUSTIN, TEXAS,
June 30, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Burnett presented the following petition :

To the Honorable Constitutional Convention of Texas :

The petition of Wm. P. Leavei'ton, a citizen of Houston county,
respectfully represents unto your honorable body that heretofore, to-
Avit, on the day of April, 1868, his brother, James H. Leaver-
ton, departed this life in Anderson county, Texas, leaving all his
property, real and personal, and outstanding debts and liabilities,
with probably but a small exception, in Houston county, where he
had formerly lived for many years, and where his homestead is
situated and his orphan children now reside; that your petitioner is
the legally appointed and qualified administrator of his said brather's
estate, and is nov^ administering the same in Anderson county ; that
by the laws of Texas administration can only be had in Anderson
county, where deceased died, and that it is important and necessary
to the convenient and economical administration of said estate that
the administration be removed to Houston county.

Therefore, your petitioner prays your honorable body to adopt a
special resolution or declaration providing for the immediate removal
of the administration of said estate to Houston county, and as in
duty bound your petitioner will ever pray.

WM. P. LEAVERTON.
Crockett, Texas, June 24, 1868.

176 RECONSTRUCTION CONVENTION JOURNAL.

Rjfovrcil to the Committee on the Judiciaiy.
Ml. Kealy presented the following petition :

Hon. E. J. DAVIS,

President of the Convention :

Sir : The undersigned citizens of Denton and Cooke counties
respectfully ask leave to file the following protest against a petition
introduced bj Mr. Thomas, the memher from Collin, asking for a
subdivision of the counties of Cooke, Denton, Grayson and Collin,
and the formation of a new county out of fractions taken from the
above-named counties, with Pilot Point for its county site, for the
following reasons, to-wit :

Denton and Cooke counties, from which a large portion of the
territory is proposed to be taken for the formation of said new
county, are situated on the northwestern border of the State, and
have, comparatively speaking, li very sparse population; and, owing
to frequent Indian depredations committed on their -western bolder,
there is no hope of an early increase of the population or Avealth of
either one of said counties, so as to enable them to support their
organizations in the manner that they should be supported, Avithout
being de})rived of that part of their territory that contains their
heaviest population, as is proposed in the said petition. And, as
facts in support of this statement, they represent that neither one of
the four counties out of which the proposed new county is to be
taken, have a jail sufficient to secure the safe keeping of criminals,
and some of them have no jail at all; and that tiiere is but one court-
house in the four counties in which the courts can be held with any
degree of comfort whatever ; and they further state that the counties
of Denton and Cooke are not now, with the entire population in their
limits, able to erect such public buildings as are absolutely necessary
for the administration of justice.

Ai^d they further state that the county sites of said counties have
for years been satisfactorily located within five miles of the center of
the counties, and, to erect a new county, as ])roj)osed, would, accor-
ding to the sUitement of said petition, place the town of Denton, the
county site of Denton county, within ten miles of the eastern
boundary of said county, and would also place the county seat of
Cooke county in a similar situation in reference to her southern
border, and would, in all probability, entail upon those counties
yeai-s of hjcal strif' and bitterness, growing out of the agitation of
the (juestions of the change of their county seats to a point within
the constitutional limits for the location of the county seats of the
counties of the State, and thus not only disturb tiie peace and
harmony of the population of said counties, but \YOuld produce a

RECONSTRUCTION CONVENTION JOURNAL. 177

state of uncertainty that would retard their progress for years to
come. Your petitioners do, therefore, humbly pray that the said
petition be not granted, and that their organizations be allowed to
remain as they now are.

(Names of citizens of Cooke county.)
R. F. Scott and thirty- two others.

On motion the petition was referred to the Committee on Counties
and County Boundaries.

Mr. Smith, of Marion, presented tho following Minority report
from the Committee on Immigration :

Committee Room,
Austin, June 30, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Immigration having under considera-
tion the importance of such resolutions as will induce the greatest
amount of Immigration to our State as is necessary to promote the
interests, develop the resources and increase the wealth of our
State :

We, the undersigned, in behalf of the minority report, concur with
the majority in the great principle, but dissent as to the manner of
accomplishing the great object. We believe that the Legislature
should make the necessary arrangements in establishing a Bureau of
Immigration. We join with the majority in their rules as applicable
at present, but the interests of the country might require a great
change in a short time, as our country increases in wealth and pros-
perity and the wants of the people change :

Therefore, I present the following resolution and recommend that
it do pass.

ARTICLE —

Resolved^ Section 1. That the Legislature of the State shall
enact such laws as is necessary to induce, promote and protect Immi-
gration.

Sec. 2. The Legislature shall provide for a Bureau of Immi-
gration.

Sec. 3. The Legislature shall make the appropriation of funds
necessary to carry out the spirit and intent of section 1st and 2nd of
this article.

The President announced the Committee to visit the Blind Asy-
lum to be :

12 -

178 RECONSTRUCTION CONVENTION JOURNAL.

Messrs. Smith of Galveston, McCormick, Lindsay. Brown, Evans
of Titus, Bledsoe, Hunt, Bryant of Grayson, Buffington, Walker,
Yaughan, Mackey. Phillips of San Augustine, Kealy, Long.

]\Ir. Bryant of Grayson, moved that Mr. Sumner be added to the
Committee.

• Mr. Lindsay offered the following declaration, and asked that the
rules be suspended to allow consideration of the declaration:

Be it declared, by the people of Texas in Convention assembled,
That the sale of the School Lands by the Police Courts of the sev-
eral counties of the State, as authorized hj the Act of the Legisla-
ture, approved November 1st, 18(36, is hereby suspended, until some
definite policy in reference thereto, shall be established in tiie reor-
ganization of Civil Government in the State.

Be it further declaredhj the Convention, that 150 copies of this
declaration be printed, and upon its adoption by the Convention, the
Secretary transmit a copy thereof to the County Judge of each
County in the State for his guidance and direction.

Mr. J. W. Flanagan offer ^'d the following amendment :

And that all sales that have been made under said Laws are null
and void.

The question recurring upon the adoption of the amendment, the
Yeas and Nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar. Bell,
Brown, Bryant of Grayson, Bryant of Harris, Caldwell, Carter,
Coleman, Curtis, Degener, Downing, Evans of McLennan. Fayle,
Flanagan, W. Flanagan, Foster, Grigsby, Hamilton of Bastrop,
Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy,
Kendal, Keuchler, Lippard, Mackey, McWashington, Newcomb,
Oaks, Patten, Phillips of San Augustine, Phillips of Wharton,
Slaughter. Smith of >Lirion. Stoekbriilge, Thomas, Watrous, Whit-
nioie, Williams, Wilson of Milam, Yarborough — 44.

Nays — Messrs. Armstrong of Jiusper, Baard. Boyd, Burnett,
Cole, Evans of Titus, Fleming, Gaston, Glenn, Goddin, Gray, Ham-
ilton of Travis, Harris, Harne, Keigwin, Lindsay, Mills, Morse,
Mucklei-oy, Mullins, Munroe, Pedigo, Pdsey. lingers, Scott, Sorrell,
Yaniell, Vaughan, Wilson of Brazoria, Wrigiit — 30.

So the amendment was ado])ti'd.

Mr. Caldwell moved that Mr. Smitli of Marion, 1)0 added to
Committee to visit the Asylum.

There being no objection it was so ordered.

Mr. Evans of McLennan, moved the adoption of the declaration
as amended.

EECONSTRUCTION CONVENTION JOURNAL. 179

The declaration was read a second time, and ordered to be en-
.grossed.

Islr. Hamilton, of Bastrop, moved a further suspension of rules to
put the declaration on its final passage.

Rules suspended, declaration read a third time and passed.

LIr. Patten introduced the followinn; declaration and asked its ref-
erence to Committee on Public Lands:

A DECLARATION.

Be it declared, First, That all persons being heads of families,
or twenty-one years of age, who have settled upon and improved, or
who may hereafter settle upon and improve a portion of the vacant
public domain which has never been filed upon, located or surveyed,
by virtue of some genuine, legal and valid certificate, or other evi-
dence of title to land previous to such settlement and improvement,
shall have the privilege of locating and appropriating a tract of such
vacant land, not to exceed one hundred and sixty acres, so as to in-
clude said settlement or improvement, in preference to all other
claims or claimants; and all files, entries, locations or surveys made
so as to interfere with the preference granted by this declaration
shall be null and void.

Sec. 2. It shall be the duty of the County and District Surveyors
of each and every county and district to keep a record book, to be
devoted exclusively to preemption claims ; and such settlers shall,
each, within twelve months from the passage of this declaration, or
within twelve months from the commencement of any such settle-
ment which may hereafter be made, cause to be surveyed the amount
of land for which such settler intends to claim preemption privileges ;
and, on application being made by such settler to a surveyor, to have
his or her said land surveyed to include his or her improvements, he
or she shall not be required to furnish the Surveyor with any land
certificate or other claims against the Government for lands ; but he
or she shall make an affidavit which may be administered by said
Surveyor that he or she believes that he or she has settled upon va-
cant land, as contemplated in the first section of this declaration,
upon which the survey for not exceeding one hundred and sixty
acres of land may be made, and the field notes thereof shall be re-
turned to the County or District Surveyor of the county or district
in which the land lies, who shall record the same, together with the
said affidavit of the settler in his preemptive book; for which service
the said Surveyor may charge the fees now allowed by law for
such services and no more.

Sec. 3. Each and every such settler shall prove before the Coun-

180 RECOXSTRUCTIOX COXVEXTION JOURXAL.

ty Judge of the County Court of the County in Avbicli lie or she
resides, by the testimony of two respectable citizens of the same
county, known to said County Judge, that he or she is bona fide
settled upon vacant land, and that he or she has resided upon and
cultivated the same for the period of three years next preceding tlie
time of making such proof, and the said County Judge shall, after
recording in a book to be kept by him for that purpose, the applica-
tion of such settler, the proof taken in support of the same and the
names of the witnesses, shall deliver to such settler a certificate un-
der the seal of his office, upon receiving a fee of two dollars there-
for.

Sec. 4. Should any &uch settler die previous to procuring a patent
for the land including his or her settlement and improvement, as
provided by this declaration, his or her heir or heirs shall be entitled
to tiie same preference or privileges as the deceased would have been
acc(»rding to the provisions of tliis declaration. That each and every
such settler, upon presenting to the Commissioner of the Ger.eral
Land Office the field notes of his or her survey, together with the
duly authenticated copy from the record of the County or District
Surveyor of his or her said affidavit, and also his or her certificate,
made in accordance Avitli the third section of this declaration, shall be
entitled, upon paying to said commissioner the usual patent fee, and
no more, a patent upon and for his or her said survey of land; Pro-
vided, the same does not exceed one hundred and sixty acres.

Sec. 5. All lands which may bo settled upon under the provisions
of tiiis declaration sliall be liable for the State and County taxes
from the time of making such survey, and no patent shall issue
thereon until all sujh taxes have been paid. And no individual shall
be entitletl to or allowtMl t<> a[)proj)riate or secure more than one
tract or survey of land undt-r the provisions of this declaration.

Sec. 6. The provisions of this declaration shall not be so con-
strued as to grant a preemption right to any land Avhich by law is
now reserved from location or entry.

I\Ir. Vau'dian moved that Mr. Slaughter be added to the committee
to visit the Blind Asylum.

Carried.

Mr. Hamilton, of Bastrop, moved that the Convention resolve
itself into committee of the whole uj)(>n the report of the Committee
on Division of the Stale.

Carried.

Mr. Flanagan was called to the chair, but was excused from
taking the chair.

Mr. Armstrong, of Lamar, in the Chair.

EECONSTRUCTION CONVENTION JOURNAL. 181

The Committee rose, reported progress, and asked leave to sit
to-morrow at 11 o'clock.

Leave granted.

Mr. Mullins moved that the Convention adjourn until to-morrow
morning at 9 o'clock.

Lost.

The Pi'esident announced the business in order was upon the
motion of Mr. Hamilton, of Bastrop, to recommit the report of the
Committee on Federal Relations, upon the resolution of Mr. Mills,
ceding the county of El Paso to the United States.

On motion, the Convention adjourned until 4 o'clock.

June SO, 4 o'clock, p. m.

Roll called ; quorum present.

The President announced the business in order was upon the
motion of Mr.' Hamilton, of Bastrop, to recommit the report of the
Committee on Federal Relations, upon the resolution of Mr. Mills,
of El Paso.

Mr. Mills moved the previous question upon the passage of the
resolution.

Previous question seconded.

The question then recurred "sliallthe main question be now put ?"
upon which the yeas and nays v>'ere ordered and resulted as follows

Yeas — Messrs. Armstrong of Lamar, Bryant of Grayson, Bryant
of Han-is, Butler, Burnett, Caldwell. Carter, Cole, Coleman
Constant, Curtis, Fayle, Fleming, Foster, Goddin, Grigsby, Hamil-
ton of Travis, Johnson of Calhoun, Kealy, Lindsay, Mc Washington
Pedigo, Phillips of Wharton, Rogers, Scott, Smith of Marion
Stockbridge, Sumner, Talbot, Varnell, Vaughan, Watrous, Wilson
of Brazoria, Wright — 35.

Nays— Messvs. President, Adams, Armstrong of Jaspar, Bell
Bellinger, Bledsoe, Boaixl, BroAvn, Buffington, Degener, Downing
Evans of McLennan, -Evans of Titus, Flanagan, Hamilton of
Bastrop, Harris. Hunt, Johnson of Harrison, Jordan, Keigwin
Kendal, Lippard, Long, Mackey, Morse, Munroe, Newcomb, Oaks
Patten, Pliillips of San Augustine, Slaaghter, Smith of Galves-
ton, Thomas, Whitmore, Williams, Wilson of Milam, Yarborough
—37.

So the Convention refused to sustain the previous question.

The question then recurred upon the motion to recommit.

Mr. Mills moved to postpone the consideration of the report, and
make it the special order for Thursday, at 11 o'clock.

Carried.

182 RECOXSTRUCTIOX COXVEXTIOX JOURNAL.

The President announced the next business in order to be the-
report of the Committee on Internal Improvements, mth accompany-
ing resolution.

Mr. Flanagan moved tliat the consideration of the report of the
Connnittee on Internal Improvements be postponed, and made the
special order for Monday next, at 10 o'clock.

Mr. Hamilton, of Travis, offered the following resolution :

Resolved, That the sessions of this Convention shall hereafter be,
unless otherwise ordered, from 9 o'clock a. m., until 1 o'clock p. M.^
of each day.

Mr. Ilauiilton. of Travis, moved that the rules be suspended to-
allow consideration of tlie resolution.

Rules suspended.

Mr. Smith, of Galveston, offered the following amendment :

Amend, ''to hold a session from 9 to 1 and from 8 to 10 at night.''

ISIr. Sumner moval to lay the amendment on the table.

Carried.

Mr. Sumner moved to amend as follows :

iVmend, "that no member of this Convention be allowed to speak
over thirty minutes at one time."

Mr. Munroe moved to lay the amendment on the table.

Carried.

The (luestion recurred upon the passage of the original resolution.

Mr. Hamilton mo veil the previous question.

Previous (question seconded.

The question recurred "shall the main question be now put ?"'

The main question was ordered.

The (juestion then recurred upon the passage of the resolution.

The resolution was ad(jpted.

On motion the Convention adjourned until nine o'clock to-morrow
morning.

CAPITOL, AUSTIN, TEXAS,
Julyl, 1808.

Convention met pursuant to adjounmiont.

Roll called. (Quorum j)resent. Prayer by the Chaplain. Jour-
nal of yesterday read and iidopted.

Mr. Carter, Chairman of the Coaumittce on Style, made tlie fol-
lowing report:

RECONSTKUCTION CONVENTION JOURNAL. 183

Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Style, to whom was referred passed reso-
lutions Nos. 19, 20, 22, 23 and 24, have examined the same, and
return them as correct.

CARTER,

Chairman.

Mr. Evans, of McLennan, introduced the following declaration :

Be it declared by the Convention :

Section 1. That the Governor of Texas be, and he is hereby au-
thorized and requested to enter into negotiations with the Govern-
ment of the United States, for the cession, bj sale, on the part of the
State of Texas, to the United States, of all that part of the territory
of Texas west and northwest of a line from the northwest corner of
Hardeman county, Texas, to the mouth of the Pecos river. Pro-
vided^ that no sale or cession of said territory shall have effect until
submitted to and approved by the Legislature of the State of Texas.

Sec. 2. That the Governor of Texas be, and he is hereby
authorized and requested, in said negotiations, cession and sale of
said territory, that he procure, if possible, a guarantee from the
United States, that she will control the Lidians in said territory;
and that she will, by a line of military posts or otherwise, prevent
the thieving excursions of the Indians from said territory ceded to
her, and in case of a failure to do so, that the United States will pay
for all losses of property in Texas, occasioned by the said hostile and
thieving excursions into Texas.

Sec. 3. That the Governor of the State of Texas may employ an
agent or commissioner the more speedily to carry out the power

herein granted to him ; and that the sum of thousand dollars,

or so much thereof as may be necessary, be, and the same is herel^y
appropriated out of any money in the treasury of the State of Texas
not otherwise appropriated, and placed at the disposal of the Gover-
nor of Texas, to carry into effect the provisions of this declaration.

Referred to Committee on Federal Relations.

Mr. Jordan introduced the following declaration, and asked its
reference to the Committee on General Provisions :

Be it declared by this Convention^ That the Legislature shall,
at the first meeting after the adoption of this constitution, provide,
by law, for the punishment of peculation, embezzlement, or public
fraud of any kind ; and such punishment shall not be less than con-

184 RECONSTRUCTION CONVENTION JOURNAL.

finement and labor in the penitentiary, or elsewhere, as the law may
provide ; nor shall such punishment he abated, unless the money or
goods so embezzled, or their equivalent, be refunded ; nor shall any
person so convicted ever hold ofhce in this State thereafter.

Referred to Committee on General Provisions.

Mr. Flanao-an, of Rusk, introduced the followincr declaration :

For the Development of the Riches, Fertilify and Commerce of

the State.

Section 1. Be it declared, For the purpose of enriching the
planters of the State, and inviting immigrants from other States and
countries, that are -experienced in the culture of tol'tacco, that for
every hogshead of tobacco that shall be raised in any county in the
State, in the years 1869 and 1870, the raiser of the same shall be
entitled to, as a premium from the State, out of any portion o^" the
unappropriated public domain, three hundred and twenty acres of
land.

Sec. 2. Said hoorshead shall in no case weicrh less than one thou-
sand pounds, to be put up in good, merchantable manner, and the
raiser of one or more hogsheads shall go to the county clerk of the
county where he or they may reside, and. with two respectable citi-
zens, make oath that the applicant has raised and put up a hogsiiead,
or hogsheads, of tobacco, as contemplated in the first section ; which
oaths of the planters ami witnesses shall be recorded in the record
book of the county.

Sec. 3. Upon tlie giving of a receipt by the clerk to the applicant,
said receipt, with the seal of the county, in proper form, shall bo
sufficient to authorize the Commissioner of the General Land Office
to issue to the holder of said clerks certificate scrip for the amount
of land which, when surveyed on any unappropriated land, shall be
patented to the holder of any sci"ip as above described, as valid by
the State.

On motion the declamtion was referred to the Committee on
Internal Improvements.

Mr. Ilaniillon, of Rastrop, introduced the following resolution :
Rcsolrcd, That Brevet Major-Gencral J. J. Reynolds, command-
ing District of Texas, be, and he is respe-tfully retjuested to cause
the projx'r jiccounting officer of the Civil l*rovisional (Jovernment to
furni-ih. for the information of this Convention, complete estimates of
the [trobable receipts into the treasurj"-. and expenditures ti)erefrom,
for the year ending July 1, 1809 : noting the appropriation made by
the Commanding General of the Fifth Military District, by request

RECONSTRUCTJON CONVENTION JOURNAL. 185

of His Excellency the Governor, and of this Convention, in addition
to those made by the Legislature of 1866.

Mr. Hamilton, of Bastrop, moved a suspension of the rules to take
up resolution.

Rules suspended.

Resolution read a second time and ordered to be engrossed.

Mr. Hamilton, of Bastrop, moved "a further suspension of the rules
to put resolution on its passage.

Rules suspended.

Resolution read a third time, and passed.

Mr. Thomas offered the following resolution :

Be it i^esolved^ That the Constitution of the State of Texas, as it
existed in 1860, be committed to the Judiciary Committee, with
instructions to report to this Convention what parts of said constitu-
tion, if any, are in conflict with the Constitution and Laws of the
United States.

Mr. Evans, of McLennan, moved a suspension of the rules to take
up resolution.

Rules suspended.

Resolution read and adopted.

Mr. Lippard offered the following resolution:

Be it ordained by the people of Texas in Coriventio?! assem-
bled^ That it shall be a sufficient reason for a peremptory challenge
to any person as a juryman, who voluntarily rendered service in the
so-called Confederate States Army ; or voted for secession, or aided
or alietted, or advised, counseled or sympathized with the so-called
Confederate States Government ; or any cotton agent, either State or
Confederate ; or agent or contractor, which had for its object the
carrying on said rebellion against the United States Government.

Referred to Committee on the Judiciary.

Mr. llarne introduced the following declaration, and asked its
reference to the Committee on Education :

Resolved, That the following shall be a provision in the constitu-
tion.

Section — . The school fund set apart by this constitution, and
the fund which may be set apart by future legislation, shall forever
remain a sacred trust, solely fur the education of the children of
Texas, regardless of race or color, or former condition. It is
expresslj'- denied unto the Legislature to use the principal or interest
thereof for any other purpose than that of education, and the interest
accruing on said fund alone shall be disbursed for educational pur-
poses. The Legislature shall provide by law for investing the prin-
cipal of said fund under and by direction of the Governor.

Referred to Committee on Education.

186 RECOXSTllUCTIOX COXYENT%OX JOURXAL.

j\Ir. Hunt introduced tlie following declaration, and asked its refer
ence to the Committee on Federal Relations :

DECLARATION.

Whereas, Other States of the American Union have given sub-
stantial proof, in the bestowal of liberal bounties, that the services of
those of their citizens wlio fought in the National armies, in sup-
pressing the late rebellion, are fully appreciated; and

Whereas, Many citizens of Texas were engaged in the same
cause, whose services have never been recognized by the State ;

Be it, therefore, declared by this Convention, That it is the
duty of Texas, in common with other States, to remember those of
her citizens who took up arms in defence of the National Govern-
ment in the hour of danger ; and tliat fi-om the public domain sliaJl
be reserved such an amount of land as will allow the following pro-
portion of bounty, to-wit : All who served six months, or under,
eighty acres of land ; all who served over six months, or under one
year, one hundred and sixty acres ; all who served over one year,
three hundred and twenty acres. And if any citizen of this State,
enli.sting in tlie army of the United States during the above period
shall have died during or after such service, then his legal represen-
tatives shall be entitled to such bounty.

Referred to Committee on Federal Relations.

]Mr. Slaughter oilbred the following resolution :

Resolved, In acknowledgment of our first and greatest obligations
due Almighty God, that the Representative Hall be open every Sab-
bath dui ing the sitting of this body for Divine worship, and that the
Ciiaplain direct the services.

Mr. Slaughter moved that the rules be suspended to put resolu-
tion upon its passage. Rules susjiended.

The question recurring upon the adoption of the resolution, the
Yeas and Nays were ordered and resulted thus :

Yeas — Messrs. President, Adams, Bellinger, Board, Bryant of
Gra3'son, Bryant of Harris, Buflington, l^irnett, Caldwell, Carter,
Constant, Curtis, Evans of McLennan, Fayle, Flanagan, W. Flana-
gan, Foster, Gaston, Grigsl)y, Hamilton of Bastrop, Hamilton of
Ti-avis, Harris, Harne, Hunt, Jolinson of Harrison, Kealy, Kendal,
Kirk, Lcib, Lii;d.say, Lippard, Long, Mackcy, McCormick, McWasli-
ington, Mills, Moi-se, Mullins, Munroe, Neweomb, Gaks. Pedigo,
Phillips of San Augustine, Philli])s of Whaiton, Rogers, Scott,
Slaughter, Smith of Galveston, Stookbridge, Yauglian, Watrous,
Whitmorc, Williams, Wilson of Brazoria, Wright, Yarborough — 56.

RECONSTEUCTION CONVENTIOX JOURNAL. 187

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Brown, Cole, Coleman, Degener, Downing, Evans of Titus,
Fleming, Goddin, Johnson of Calhoun, Jordan, Kei^^vin, Keuchler,
Mucklcroj,Mundine, Posey, Ruby, Scliuetze, SorrelT, Sumner, Tal-
bot, Thomas, Varnell — 26.

So the resolution was adopted.

Mr. Mullins moved a reconsideration of the vote upon the passage
of the resolution.

Mr. Smith of Galveston, moved to lay the motion on the table,
upon which the yeas and nays were ordered and resulted thus :

Yeas — Messrs. Adams, Board. Bryant of Grayson, Bryani of
Harris, Buffington, Caldwell, Carter, Constant, Curtis, Evans of
McLennan, Fayle, W. Flanagan, Foster, Grigsby, Hamilton of Bas-
tr.ip, Hamilton of Travis, Harne, Hunt, Johnson of Harrison, Keig-
win, Kendal, Leib, Lindsay, Lippard, Mackey, McCormick, Mc-
Wasliington, Mills, Morse, Oaks, Phillips of San Augustine, Phil-
lips of Wharton, Slaughter, Smith of Galveston, Stockbridge,
Watrous, Whitmore, Williams, Wilson of Brazoria — 87.

Nays —Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Brown, Butler, Burnett, Cole,
Coleman, Degener, Downing, Evans of Titus, Flanagan, Fleming,
Gaston, Gray, Harris, Johnson of Calhoun, Jordan, Kealy, Keuch-
ler, Kirk, Mullins, Mundine, Munroo, Newcomb, Pedigo, Posey,
Rogers, Ruby, Schuetze, Scott, Sorrell, Sumner, Talbot, Thomas,
Varnell, Wright, Yarborough — 41.

So the motion to lay on the table was lost.

The question then recurred upon the passage of the resolution.

Mr. Schuetze moved to lay the resolution offered by Mr. Slaughter
upon the table, upon which the Yeas and Nays were called and re-
sulted as follows :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of La-
mar, Bell, Bellinger, Bledsoe, Board, Brown, Butler, Burnett, Car-
ter, Cole, Coleman, Degener, Downing, Evans of Titus, Flanagan,
Fleming, Foster, Gray, Harris, Johnson of Calhoun, Jordan, Keig-
win, Keuchler, Kirk, Mullins, Mundine, Munroe, Newcomb, Ped-
igo, Phillips of Wharton, Posey, Ruby, Schuetze, Scott, Sorrell, Sum-
ner, Talbot, Thomas, Varnell, Yarlwrough — 42. ,

Nays — Messrs. President, Bryant of Grayson, Bryant of Har-
ris, Buffington, Caldwell, Constant, Curtis, Evans of McLennan,
Fayle, W. Flanagan, Gaston, Grigsby, Llamilton of Bastrop. Hunt,
Johnson of Harrison, Kendal, Leib, Lindsey, Lippard, Mackey,
McCormick, Mc Washington, Mills, Morse, Oaks, Phillips of San
Augustine, Rogers, Slaughter, Smith of Galveston, Stockbridge,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wright — 35.

188 RECONSTRLCTION CONVENTION JOURNAL.

So the re.^olutioii was laid on the table.

Mr. Evans, of McLennan, in the chair.

Mr. Davis, of Nueces, introduced the following declaration :

Declaration to be incorporated into the General Provisions of
the Constitution.

Section 1. That the action of the (so-called) Convention of
the State of Texas, which assembled in the city of Austin, on the
— day of February, A. D.. 1861, was and is null and void. That all
the action of the rebel organization in the State of Texas, under the
authority of said Convention, of its Ordinances or its Constitution,
whether Legislative, Executive, Judicial or Military, was, and is,
hereby declared to be null and void. That no debt or liability,
whether for civil or military purposes, or incurred by the action of
said Convention, or by the so-called Legislature of said State, or
by any department of the so-called govei'nment of the same, between
the said day of February, 1861, and the — day of August. 1865,
shall ever be recognized as obligatoiy on the people of this State.
That the action of the convention which met in Austin on the —
day of February, 1866, and of the so-called Legislature which met
in Austin on the — day of August, 1866, was without legal author-
ity and only provisional in character.

Provided, however, 1st. That the following laws and parts of
laws passed l)y tlic assemblages sitting at Austin, and calling them-
selves Legislatures of the State of Texas, since the said — day of
February, 1861, be, and the same arc, hereby declared and estab-
lished as laws of tliis State, viz: (here Committee on General Pro-
visions will insert by title and chapter or section, (as the case jnay
be) the laws and parts of laws intended to be declared and estab-
lished.)

2nd. That all such private acts of incorporation or cliarter,
passed by the assemblages mentioned in 1st proviso, and since the
said — day of February, 1861, as may have been enacted for a mer-
itorious ol)ject, (and not for tlie purpose of rewarding jiersons lately
in rebellioii) where under .such acts, operations by the companies
chartered, have actually commenced and money been expendi'd in
carrying out the pnrj»o-'es of the same, be and the same are, hereby
declared and established and made valid : Provided, that this pro-
vision shall not be considered as c<mtinuing such charters in exis-
tence, where, under tlie terms thereof, the san^e would have already
expired or ])cen forHited.

3d. That tlie acts of so-called offi-'ers, in solenniizing marri:iges;

in tiikin;; acknowied^'ment and recoidinfj; deeds and other iustru-

"...
mci'.ts of writing; the decisions of so-called courts, during the period

since said — day of February, 1861, where parties were present in

RECONSTRUCTION CONVENTION JOURNAL. 189

the State; all contracts made between private parties since said —
day of February, 1861 ; and the acts and proceedings of military
and provisional officers and courts since the — day of August,
1865 ; be and the same are hereby declared and established as valid
and of binding force, to the same extent that such acts, decisions,
contracts and proceedings would have been, had the enactments or
laws under which the same were executed, been legally made, and
the said officers been legally authorized to perform the acts or pro-
ceedings in question. Provided) that loyal men shall not be preju-
diced in then- rights by this declaration, and that any loyal person or
his heirs may, by proper legal proceeding, to be commenced before the
1st day of September, 1869, show proof in avoidance of any contract
made since said — day of February, 1861, that through fraud prac-
ticed, or threats or violence used towards such person, no adequate
consideration for the contract has been received ; and also, that any
loyal person, or his heirs, may by such legal proceeding, commenced
before said 1st day of September, 1869, revise and annul any decis-
ion of the courts made since the — day of February, 1861, where
through absence frjom the State of such person, or through political
prejudice against such person, the decision complained of was not
fair and impartial.

On the reading of the declaration offered by Mr. Davis, of Nue-
ces, Mr. McCormick made the point of order that so much of the
declaration as is contained in these words :

"That all the action of the rebel organization in the State of
Texas, under the authority of said Convention, of its ordinances or
its constitutions, whether legislative, executive, judicial or military^
■was, and is hereby declared to be null and void," having been defi-
nitely acted upon by the Convention could not be again introduced.

The chair decided that the Convention had taken no action, that
pervented the introduction of the declaration as presented, from which
decision of the President, Mr. McCormick appealed, and the ques-
tion being put, "shall the decision of the chair be sustained," the same
was decided in the affirmative. So the decision of the President
Was sustained.

Mr. Davis, of Nueces, moved that 100 copies of the declaration
be printed, and that it be referred to the Committee on General Provis-
ions. '

Carried.

The President in the chair.

The President announced the hour had arrived to go into
Committee of the Whole^ upon the report of Committee on the
Division of the State.

190 RECOInSTRUCTION CO:NrVENTION JOURNAL.

On motion the Convention resolved itself into Committee of
the Whole.

Mr. Evans of McLennan, in the chair.

The Committee rose, anil reported that the Committee asked leave
to be discharged from the further consideration of the report.

The Committee of the Whole was discharged.

Mr. J. W. Flanagan moved that report of the Committee on
Division of the State, with accompanying resolutions, and that the
substitute be printed and made the special order for Friday morning
at 10 o'clock.

Carried.

Oo motion the Convention adjourned until 9 o'clock to-morrow
morninw.

CAPITOL, AUSTIN, TEXAS,
July 2, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the chaplain. Journal
of yesterday read and adopted.

Mr. Hamilton, of Travis, Chairman of the Committee on Judi-
ciary, made the following report :

To THE Hon. E. J. DAVIS,

President of the Convention :

The Committee on Judiciary, to whom has been referred the
message of the Governor, in regard to the purchase and distribution
of Paschal' s Annotated Digest of the Laws of Texas, have instructed
me to report that they find tliat the work was prepared by Judge
Paschal during the leisure which the unhappy civil war enforced ;
that it consequently has been prepared with a degree of learning,
labor, care and accuracy which so able an author could not afford
under other circumstances ; that it contains the whole body of our
statute laws of force, as well as all the organic and repealed laws,
upon which so many rights in Texas rest ; that these statutes are
noted with the decisions which have interpreted them, arranged in a
manner which has no equal in any State ; that the numbering of the
articles of i)revious digests have been preserved in a manner which
renders the Texas Reports intelligible upon many points, when tliey
would be obscure Avitliout such aid ; and in a word, that the work is
indispensable to the profession and in the administration of justice.

The publication of the work was authorized by the Provisional
Governor, and so higlily has it been approved by the entire legal

RECONSTRUCTIOX CONVENTION JOURNAL. 191

profession of the State, that it has been adopted by the Supreme
Court, and it is now universally quoted by articles and notes.

The work has thus become an authority, and an indispensable one,
since much of the matter is inaccessible to most of the officers of
the State.

The whole expense of the enterprise has thus far been borne by
the public spirited and patriotic author.

But, in the opinion of your committee, in this case, necessity
points to the path of duty.

Judge Paschal has suft'ered much for his patriotic devotion to the
cause of the Union, and independently of the intrinsic merits of a
work which has given a high character to the laws of the State, he
deserves well of his country ; and this Convention could not con-
sistently do less than to purchase the number of copies necessary to
supply the immediate wants of the officials who, under the laws,
are entitled to digests.

The author asks of the State no speculative price, but he proposes
to furnish the work at a rate greatly below any book ever purchased
or printed by Texas.

The ability to do so grows out of the fact that the copyright and
stereotyped plates belong to the author, who has borne the heavy
expense of the outlay.

As the work, therefore, is the best, the cheapest, and under all
changes, will b» the most useful which the State could purchase,
and as we doubt not but the appropriation would meet the approba-
tion of the whole people, the Judiciary Committee have instructed
me to report the following resolutions :

ANDREW J. HAMILTaN,

Chairman.

. Resolved, 1st. That the Governor be instructed to contract with
Geo. W. Paschal for the delivery of thirty-five hundred copies of
"Paschal's Annotated Digest of the Laws of Texas," in the city of
Austin, at the proposed price of nine dollars per volume ; the books
to be printed and bound in the same style of the first edition.

Resolved, 2d. To ensure the early delivery of the work, it shall
be the duty of the Governor, as soon as the said Geo. W. Paschal
shall execute to the State his bond, with securities to be approved
by the Govei'nor, in the sum of forty thousand dollars, for the
delivery of said number of the Digests, in the city of Austin,
within four months from the date of said bond, to draw upon the
Treasurer of the State for twenty thousand dollars of said money,
and to draw for the balance as soon as the books shall be delivered
to the Secretary of State.

192 RECONSTRUCTION CONVENTION JOURNAL.

Resolved^ 3d. The sum of thirtj-one thousand five hundred
dollars be, and the same is hereby appropriated, to carry into effect
this ordinance.

Mr. McCormick, Chairman of the Committee on Contingent
Expenses, made the following report :

Committee Eoom,
Austin, July 2, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Contingent Expenses, to whom was
referred the resolution offered by Mr. Evans, of McLennan, making
an appropriation to pay the expenses of the committee appointed to
investigate the State Penitentiary, have instructed me to report the
same back to the Convention, with the recommendation that the
blank be filled with "four hundred," and that said resolution be
passed.

A. P. McCORMICK,

Chairman.

Be it declared^ That the sum of four hundred dollars be, and
the same is hereby appi'opriated, out of the contingent fund of the
Convention, to pay the expenses of the committee to investigate the
State Penitentiary, traveling expenses, expenses of witnesses, etc.,
etc.

Mr. McCormick moved that the rules be suspended for the con-
sideration of the declaration.

Rules suspended and declaration read second time.

Mr. Armstrong, of Lamar, moved to insert "500" instead of
"400."

The question being upon the amendment of Mr. Armstrong, it
was lost.

The question being upon the engrossment of the declaration, it
was engrossed.

Mr. McCormick moved a further suspension of the rules to put
the resolution on its final passage. ,

Rules suspended.

Resolution read a third time and passed.

Mr. Caldwell, Chairman of the Special Committee on Lawlessness
and Violence, made the following report :

RECONSTRUCTION CONVENTION JOURNAL. 193

Committee Room,
Austin, June 30, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on Lawlessness and Violence respectfully
submit the following report :

We have had access to the following sources of information, viz :
1. The records of the State Department, particularly the official
reports of the Clerks of the District Courts. These reports are,
however, very meagre, inasmuch as they represent only about forty
counties, and take notice of only those offenses for which indictments
have been found. 2d. The records of the office of the Freedmen's
Bureau. These records are likewise very imperfect, as they give
information from only about sixty counties, and do not supply
accounts of all the outrages committed in those counties ; and 3d,
the sworn statements of competent and reliable witnesses in different
sections of the State. These are also incomplete, for they were made
from memory, neither are they as numerous as they should be.
We have found no little difficulty in getting gentlemen to testify
before us. Many are unwilling, and others are afraid of assassina-
tion should they do so, and hence very few have responded to the
summons of the committee. We do not, therefore, offer this report
as a complete exhibit of crime in Texas. We feel confident that it
presents a very imperfect view of the actual violence and disorder in
ih'e State.

In collecting the statistics here presented, we have carefully
excluded every report that did not bear the marks of veracity. In
compiling the number of homicides, for example, we have included
only such cases as are either officially reported or distinctly men-
tioned or remembered by affiants, and we have ventured no statement
which is not fully warranted by facts. It is claimed for the report,
therefore, that it is faithful and true.

In our statistics we have not embraced assaults with intent to
kill, rapes, robberies, whipping of freedmen, and other outrages,
many of which we found to be most cruel and wanton ; such a
summation would impose an almost endless task. We have directed
our investigations to the homicides committed during the period of
time intervening between the close of the rebellion and the first of
June, 1368, and, from the three sources of information mentioned,
we present the following statistics of homicides in Texas :
13 .

194

RECONSTRUCTION

CONVENTIOX

JOURNAL.

Killed in 1865, 39 whites;

38 freedmen —

- 77

" " 1866, 70

142

" " 1867, 166

165

<.i

331

" " 1868, 171

133

304

Year unknown, 24

Of unknown race

Total whites, 470 ; total freedmen, 429 ; making a grand total
of 939 homicides committed in Texas since the conclusion of the
war, Juue, 1865, to June 1. 1868, including a few cases casually
reported in the present month. This gives an average of 313 per
year.

Of these 939 homicides, there were by whites, 460 whites, 373
freedmen — 833 ; by freedmen, 10 whites, 48 freedmen — 58 ; and
by parties whose race is unknown, 48.

Now, incomplete as they are, these figures tell a frightful
story of blood. They represent stubborn facts which cannot be sup-
pressed by denials, or by denouncing them as fabricated for political
effect ; and whoever attempts it is not only unfxithful to history, not
only an apologist for crime, but may be justly charged as an acces-
sory to the wickedness itself, as encouraging and abetting murderers,
and as equally guilty with them. We cannot shut our eyes upon
these appalling scenes of bloodshed ; and, instead of attempting to
conceal them, it becomes us to face them honestly, and address our-
selves to the duty of discovering the cause, and locating the respon-
sibility of this slaughter of our fellow citizens.

Many of these homicides have doubtless been committed for the
purpose of plunder and robbery. The facts and the testimony shftw
that many of our highways are infested by bandits, who will take
life for a horse, or a pistol, or a purse. These desperadoes, with
very few exceptions, were either Confederate officers, or soldiers or
])ushwhackers during the late war, and how constitute one of the
legitimate entailments of secession and rebellion. It is also true
that many of these homicides have resulted from private quarrels.
There is much bad blood in the land. But this wholesale killing
cannot be accounted for by either or both of the causes named. Tlie
figures themselves shed some light on this subject.

During the last three years, according to the reports consulted,
three hundred and seventy-three freedmen have been killed by
whites, whilst only ten whites have been killed hy freedmen. Now,
it cannot be that all these colored people, or any considerable num-
ber of them, were murdered for their money. Their extreme pov-
erty forbids the supposition. Neither can it be that many of them
were slain in personal altercation with whites ; for, in that event,

HECONSTRU'CTION CONVENTION JOURNAL. 195

there should have been as many whites killed by freedmen, as freed-
men by whites — the freedmen being, it is said, generally as Avell
armed as the whites. This great disparity between the numbers of
the two races killed, the one by the other, shows conclusively, that
'■the \Var of races" is all on the part of the whites against the
blacks. The evidence in our possession also shows that a very large
portion of the whites murdered were Union men, and that the crimi-
nals, with remarkably few exceptions, were and are disloyal to the
Government.

We are, hence, directed to the hostility of feeling entertained by
ex-rebels against loyal men of both races, for the discovery of the
cause of a large proportion of these outrages. jNIen naturally hate
those whom they have wronged : and we are authorized by facts to
affirm that multitudes who participated in the Kebellion, disappoint-
ed and maddened by their defeat-, are now intensely embittered
against the freedmen on account of their emancipation and enfran-
chisement, and on account of their devotion to the Republican party;
and against the loyal wbites for their persistent adhesion to the
Union, that they are determined to resist by every means promising
success, the establishment ^f a free Republican State government ;
that it is their purpose, even by desperate measures, to create such
a state of alarm and terror among Union men and freedmen, as to
compel them to abandon the advocacy of impartial suffrage or fly
from the State ; and that this feeling of animosity prompts and in-
spires them to many of these murders, unrestrained, as it is, by any
fear of retribution.

There is absolute freedom of speech in very few localities of Texas.
Union men dare not generally avow their political convictions. In
many places they can hold public meetings only when supported by
troops or armed men; and in many others they dare not hold them
at all. In several instances their assemblies have been broken up
and fired upon, and their speakers ordered to desist. The dominant
rebel element will not tolerate free discussion.

We have been challenged to produce cases of Union men and
freedmen being persecuted for their loyalty. We now do so : Judge
Black was a Republican ; he was murdered in 1867, in Uvaldi
county, by a rebel. Milton Biggs was a Union man, and bad been
appointed County Judge of Blanco county ; he was murdered, in
1867, while plowing in his field, before he could qualify. Judge
Christian, a loyal man, of Bell county, was pursued into Mis-
souri, and murdered by a party of rebels. Mr. Wade and seven
other gentlemen were killed in Lamar county, last year, for their
Unionism. Four men were recently murdered in the county of
Hunt, and six in Bell county, for their loyalty. Within the present

196 RECONSTRUCTION CONVENTION JOURNAL.

month, the County Judge and the District Clerk of Hunt county
have been driven from their homes, and compelled to flj for their
lives, because of their unyielding attachment to the Government,
Hundreds of loyal men, to our knowledge, are, at this time, for-
saking their homes in Texas, fleeing from the assassin — forced away
by rebel intolerance. And we here put it to record, that Honorable
members of this Convention are to-day exiles from their friends, and
dare not return to their families, for the only reason that they will
not forswear their principles.

Now, whilst it remains true that the Union men of Texas consti-
tute a very small pro}X>rtion of the white population, and whilst it i&
true that they are being killed by the rebels, it is impossible to es-
cape the conclusion that they are killed for their Unionism. In
other words — if they were rebels they would not be killed.

And when we come to examine the persecutions suffered by the
freed people, the mass of testimony is so overwhelming that no man
of candor can for a moment question the statement that they are, in
very many parts of the State, wantonly maltreated and slain, simply
because they are free, and claim to exercise the rights of freemen.
Some months ago, in Panola county, a party of whites rode up to a
cabin wherein some freed people were dancing, and deliberately fired
upon them, killing four, one a woman, and seriously wounding seve-
ral others. In 1867, in DeWitt county, a white man met a freed-
man riding, and asked him what he was going to do with the whip he
hadin his hand, and on being answered, "Nothing," shot thefreedman,.
killing him instantly. In the county of Fort Bend, last year, a
white man was riding through town, and seeing a negro man stand-
ing on the steps of the office of the Freedmen's Bureau, he drew his
revolver and shot him dead. The criminal had never seen or spoken
to the freedman before. In Newton county, 1867, a white man met
a colored man driving a team, the former made the freedman get out
of his wagon, and then shot him seven times in cold blood. In Fort
Bend county, same year, the freed people were holding a fair to pro-
cure funds to finish their church, and while they were singing a
hymn two white men rode by and fired their pistols into the church.
In October, 1867, a white man was traveling in Grayson county and
met a freedman ; after passing him a few yards, he turned and
fired upon him, hitting him in the back. The freedman died in a few
hours ; he had not spoken a word to the murderer ; had never seen
him before. But a few days ago a party of white men assaulted the
family of an unoffending freedman in Falls county, killing one and
dangerously wounding another freedman. In the same county, a
few weeks ago, two armed white men, in open day, went to the house
of a colored man, and without any provocation murdered him. Sooa

RECONSTRUCTION CONVENTION JOURNAL. 197

after this a white man, in the same neighborhood, rode up to two
freedmen, and, without any known cause, shot one of them dead
and fired at the other. Last week the colored Registrar in Burleson
county was found murdered ; and in January last the colored Regis-
trar of Milam county was called to his door at night and shot. And
so the bloody story runs.

We mention some minor outrages. In April last, a party of
white men visited the cabins of two quiet industrious freedmen in
Freestone county, captured one of them and took him to the woods
to murder him ; he, however, escaped, being fired at several times
and receiving one wound. In that and adjoining counties the whites
are driving the freedmen from their homes and from their ci'ops,
some of whom are in this city to-day, fugitives from rebel violence.
In the county of Marion bands of armed whites are traversing the
county, forcibly robbing the freedmen of their arms, and com-
mitting other outrages upon them. Last week a colored woman
was whipped in Parker county by a white man ; and some time ago,
in another county, a white man cut off the ears of a freedwoman.
It is openly proclaimed by many of the perpetrators of these wrongs
that their object is to compel the negroes to give up loyal leagues,
and to get satisfaction out of them for supporting Yankees.

We could extend this account. We have selected these cases at
random to exhilnt the feeling of hatred cherished by a certain class
of ex-rebels against Union men and freedmen ; and we deem them
sufiicient to sustain our allegation, that there is a settled determina-
tion on the part of many to suppress the growth of loyalty, and, if
possible, to expel or exterminate the white and colored Unionists in
the State.

It has also come to our knowledge that there are organizations of
disloyal desperate men in several sections of the iState, leagued
together for the purpose of murdering prominent Unionists. This
fact is set forth in the notices sent to leading Republicans in different
portions of the State. It is not only believed by many good citizens,
hni it is claimed and openly asserted by rebels in many localities
that such organizations do exist. The fact is stated too by several
witnesses. It reveals itself likewise in the outrages systematically
perpetrated on loyal whites and freedmen in the localities where these
organizations are reported as existing. Some weeks ago a discreet
officer of the United States Army was sent with instructions to
investigate certain murders in Bell and Corryell counties, and he
found tangiljle evidence of such an organization there. He found it
in the murder of six or seven loyalists, several of whom had fought
under the Union flag during the rebellion, and had to the last
refused to desert their colors. He found it too in the terror and

198 KECON'STRUCTION CONVENTION JOLUXAL.

dread among the loyalists of that section, and in the precipitate
flight of many from the State for safety. In the instances investigated
by him, the murderers went in a body at night, in April last, and
murdered in cold blood several loyal law-abiding citizens, rousing
them from their beds and shooting them. They then gave out that
their victims were horse thieves, but a thorough examination exploded
that falsehood. In his official report the said officer uses this
language : "From all that I could learn, it is very evident that the
rebels of Bell county have determined to kill or drive every loyal
Union man from the county. This they are doing every day; and
after they get rid of the men they seize their stock or whatever they
can lay their hands on ; so that instead of killing horse thieves, they
prove to be thieves and murderers themselves." Again he says :
"There appears to be a regularly organized band in Bell county for
the oppression and extermination of the Union elem.ent." He also
gives the names of some of this organization, and says, "they are all
rebels, and disfranchised.

We have evidence of similar organizations in other parts of the
State. Only a few weeks ago, since the meeting of this Convention,
some arrests were made by the military authorities in Freestone
county. The arresting party came upon the criminals by surprise
at midnight and secured three of them, and by daylight the whole'
country was swarming with armed desperadoes from three different
counties, who pursued the officer and soldiers, and, numbering about
two hundred, rescued the prisoners. The officer who had charge of
the expedition testifies : "It is my opinion that there is an organi-
zation of lawless men in that section. One of the men whom I let
go stated this plainly to me, that they were bound to help one another,
and from all that transpired I am satisfied that they have their
signals, their runners and system of action."

We have intimated that bad men do not fear the civil courts of
Texas. Why should they ? During the years 1865, 1866 and
1867, as shown by the State Department, there were 249 indict-
ments for murder found in the District Courts of the State, and
only five convictions, al)out two per cent, of the whole ; and it is a
fact known to all that for the 900 nnirders known to have been
committed since the conclusion of the war, there has been but one
capital execution according to the forms of law, and that was the
execution of a freedman in the county of Harris. These figures of
tlicmselves demonstrate the insecurity of human life in Texas. The
criminal laws of tlie State are not executed.

In some districts the combinations of lawless men are too strong
for the civil authorities, and openly defy them. This is the case in
twenty-five or thirty counties. In some instances the county officers.

RECONSTRUCTION CONVENTION JOURNAL. 199

are themselves involved in these acts of violence, or connive at them,
or willfully neglect to make arrests. Tlie Sheriff of one county,
for example, is one of a band of murdero'S, the Sheriff of another
is at the head of certu,in desperadoes who have committed numerous
outiages, including murder on the loyal whites and blacks of the
county. We have inforn\ation of numerous cases where the officers
of the law most criminally refuse to make arrests for violations of
law, and ''no arrest"' is the almost universal appendage to reports of
lawlessness in our possession, although the criminals are generally
known to the community. Not unfrequently they are aided in their
escape, and harbored or concealed by citizens claiming respectability.
But all of these obstacles to the punishment of ciiminals are not
sufficient to explain the inadequacy of civil government in Texas.
We are compelled to introduce here that animosity toward the gov-
ernment and its friends, so prevalent everywhere, as a factor in
bringing about such a state of anarchy. It is our solemn bonviction
that the couits, especially juries, as a rule, will not convict ex-rebels
for offenses committed against Union men and freedmen ; neither will
they award judgments in favor of Union men and freedmen as
against rebels. This is explicitly affirmed in nearly all the testimony
before us. In one case wherein a white man had committed an
offence against a freedman. the offender was brought to trial, found
guilty, and, because he could not give bond, released ; and when the
agent of the Freedman's Bureau notified the magistrate that the law
autlioi'ized committal in default of bail, the reply was, "you would
not send a v/hite man to jail for a nigger." In another case a freed-
man sued a white man, the judge ruled in favor of the freedman,
but the jury, contrary to the law and the evidence, decided against
him. The case was reversed by the Bureau. In another instance
a white man brutally assaulted a freedman with intent to kill ; he
was arrested by the agent of the Bureau, turned over to the civil
authorities, found guilty, and fined one cent ! Such cases are
frequent. In another county a freedman Avas tried for assault with
intent to kill a white man, and the jury convicted him, when the
fiicts proved on trial, as shown in the proceedings of the case, showed
that the freedman was the assaulted and injured party. He was
pardoned by Gov. Pease. A white boy, thirteen years old, was
waylaid and shot and severely wounded by a man named Johnson,
in Hopkins county. Said Johnson was arrested by the Sheriff, a
loyal man, brought before Judge Mayberry, of the 8th Judicial
District, found guilty of a simple assault, and fined ten dollars.
The Sheriff of Hunt county, a Union man, was resisted and shot
whilst arresting a criminal ; the said criminal was tried before the
said Maybei-ry, bailed in a bond of six hundred dollars, and is now

200 RECONSTRUCTION CONVENTION JOURNAL.

at large. In another county a rebel murdered a boy not fourteen
years old ; he was tried, and acquitted on the ground that he had
lost an arm in the Confederate service. In another case a loyal
man was assaulted with intent to kill by a rebel, and after being
fired at once, shot and kill his adversary ; he was promptly arrested
and compelled to give bond for fifty thousand dollars. Another
loyal man was assaulted with deadly weapons three times by a party
of rebels ; he made oath of the facts before the proper authorities,
but to this day the said authorities have refused to arrest the
criminals, though well known to the Sheriff.

The result of all this discrimination against Union men and freed-
men is, that they have despaired of securing their rights by law.
They feel that the courts are only employed as an engine for their
oppression ; and they would rather suffer their wrongs patiently than
seek legal redress only to be mocked at for so attempting.

In other instances, where the ofiicers of the law are disposed to do
their duty, they are not sustained by the citizens. The people are
sometimes afraid to aid in the enforcement of the laws, and they not
unfrequently, on account of their sympathy with the criminals,
positively refuse to do so. In a certain county a loyal sheriff called
upon the citizens to assist him in arresting some criminals in town,
and the citizens refused, saying, " Call on your nigger friends."
Several ofiicers have resigned their places because they cannot get
the support of the people in the execution of the laws ; many of the
important offices in the State are now vacant because men either fear
to accept them, or feel that they could not have the co-operation of
the citizens; and we know of efforts being made to intimidate fearless
and efficient officers from the discharge of their duties.

A very noteworthy fact developed by our investigations is the
increase of crime within the last seven months. Witnesses from
various parts of the State testify of increased bitterness against the
(jrovernmont and its supporters, and of the multiplication of crime
during the last winter and sjjring ; and otHcial data confirm their tes-
timony. This fact, we know, is persistently denied by Conservatives;
and they claim, further, that, if true, it is to be charged against the
present provisional State Government. They tell us that the offices
of the State are in the hands of Radicals or military appointees, and
that, therefore, the Republican officials of Te.xas are responsible for
this increased lawlessness and disoi'der. To this we reply :

First. The powers of the provisional State government are very
limited, and are exercised in subordination to the authority of the
Commander of the Fifth Military District. The State government
is without any militia or police whatever. It is dependent entirely
on the spirit of the people themselves for the maintenance of order,

RECONSTRUCTION CONVENTION JOURNAL. 201

and is utterly powerless of itself to enforce a single law. Either the
citizens themselves must keep the peace, or the military must inter-
fere and compel obedience, or there will be no peace. And we sub-
mit that, with such limited powers, and with such a spirit of lawless-
ness as dominates in Texas, and without the efficient co-operation of
the military power, no government under the sun could preserve the
peace of society.

Second. It is not true that the offices of the State are held by
Republicans. Governor Pease qualified as Governor of Texas on
the eighth of August, 1867. There were at that time 2,377 elective
offices held by persons elected in 1866. Some time after this some
changes, removals and appointments, were made by the military.
These all, to the twenty-fourth instant, amount to 796. Of these
247 w^ere made to fill vacancies, leaving 549 removals and appoint-
ments, and 894 of the appointees refused or failed to qualify — many
of them declining for fear of assassination ; in which cases the old
incumbents continue to act; so that there are 1,975 of the elective
offices in Texas in the occupancy of those elected in 1866, and only
402 in the possession of military appointees. There are 182 nota-
ries public appointed by Governoi Throckmorton still in office, and
there are only twenty-seven who have been appointed by Governor
Pease. It thus appears that only one-fiftli of the officers in Texas
to-day are loyal men. And yet some have the effrontery to hold
this one-fifth responsible for the acts of the whole. But, certainly,
if any responsibility at all rests upon the State government, it legi-
timately rests upon the large majority of Conservatives who hold the
power of the State, and who, as we have seen, too frequently use
that poAver for the protection of criminals. And,

Third. The only period of time in which the present administra-
tion of Texas could justly be said to have been Republican, was
marked by the greatest amount of tranquility. That period was
between the eighth of August, the date of Governor Pease's qualifi-
cation, and the twenty-ninth of November, the date of General Han-
cock's assuming command of the District — about three months of
1867. In the three months of September, October and November,
1867, there were twenty-seven murders committed in Texas, as
reported by the Freedmeu's Bureau ; that is to say, there were nine
murders per month; whilst in the other nine months of the same
year there were 160 murders committed in Texas, as reported by
the same authority ; that is to say, there were about eighteen mur-
ders per month — double the former number.

These simple statements are amply sufficient to refute the slander
so frequently repeated by Conservatives, and to vindicate the present

202 RECONSTRUCTION CONVENTION JOURNAL.

civil administration of Texas from all complicity in the increased
lawlessness in the State.

But it is not difficult to fix the responsibility of this increase of
crime. Previous to the succession of Gen. Hancock to the command
of the Fifth Military District, there was some degree of respect for
life in Texas. The numerous arrests of criminals by the military
authorities, and the prospect of trial by military commissions inspired
bad men with a salutary fear. But on the publication of Genei-al
Orders No. 40 from Headquarters Fifth jNiilitary District, dated
Nov. 29, 1867, a very different and a very turbulent spirit mani-
fested itself throughout the State. That order was understood to
proclaim the supremacy of civil law and the suspension of the mili-
tary power, in the treatment of crime ; and, hence, criminals who, as
has been demonstrated, entertain very little fear of the civil courts,
interpreted tlie said Order as a license for the perpetration of all
manner of villainies. This was evidenced at the time by words and
by the tone of the rebel press, and more forcibly" ever since by
unrestrained violence.

During the three months of Governor Pease's administration,
aided and sustained by Generals Sheridan and Mower, and previous
to the advent of General Hancock, the murders in Texas, as already
seen, averaged nine per month. The number during the other
months of the same year, averaged eighteen per month. And, con-
fining our estimates to the records of the office of the Freedmen's
Bureau, the number, since the first of December, 1867, has averaged
thirty-one per month. During the first month of Hancock's admi-
nistration, December, there were thirty murders reported by the
Bureau. In other words, according to the loAvest calculation, the
peace adniiiiislratio/i of Ge:ierals Hancock and Buchanan has
to account for tvnce the number of piurders committed under the
Sheridan- Throckmorton administration, and three times the
number committed under the Sheridan-Pease administration.

Moreover, fuller reports shoio that since the polici/ of General
Hancock toas inaugurated, sustained as it ts by President Jolin-
son, the homicides in Texas hare arerafjed fifty-fire per tnonth ;
and for the last five months they have averaijed sixty per month.
Audit is for the Cormnander of the Fifth Military District to
answer to the public for at least two-thirds of the 330, or more,
homicides committed in Texas since the first of December, 1867.
Charged by law to keep the peace and afford protection to life and
property, and having the army of the Uriited States to assist him in
so doiiig, he has failed. He has pcrsi.-^tcntly refused to try crimi-
nals, rejected the prayers of the Executive of the State and the Com-
manding General of the District of Texas for adequate tribunals, and

RECONSTRUCTIOX CONVENTION JOURNAL. 203

turned a deaf ear to the cr j of tried and persecuted loyalists. And,
knov-nng whereof we affirm, and in the face of the civilized world, we
do solemnly lay to his charge the death of hundreds of the loyal
citizens of Texas — a responsibility that should load his name with
infamy, and hand his very memory to coming years as a curse and
an exec3ation.

The obligations of the government and of the citizen are mutual
and correlative. If true allegiance is rendered by the latter, ample
protection is due from the former. And for, and in the name of the
loyal v/hites and blacks in Texas, we do avow that we have been true
and unwavering in our fidelity to the United States Government.
In the face of persecution, in the face of social proscription, in the
face of the halter, and in the face of every imaginable peril, we have
stood firm in our devotion. If there be a people on earth who can
rightfully claim the protection of Government, the loyalists of Texas
certainly have that right : especially now that it is in the power of
the Government to extend it. do they claim, protection from the ven-
geance of those who still pursue them for their allegiance. But, let
the responsibility rest where it may, we say it deliberately, that
j)rotect.ioii has not been granted vs.

The Committee recommend the adoption of the following resolu-
tion :

That the President of the Convention be rec^uested to forward a
copy of this report to the President of the Senate and Speaker of
the House of Representatives, to the end that Congress may afford
such relief as, in their wisdom, we may be entitled to.

CALDWELL, Chairman.

WHITMORE,

SUMNER,

EVANS,

BLEDSOE,

COLE,

BELL,

Committee.

Mr. Hamilton, of Bastrop, moved a suspension of the rules, to
allow consideration of report and accompanying resolutions.

Rules suspended.

Mr. Hamilton, of Travis, moved that one thousand copies of the
report be printed, which v;^as agreed to.

Mr. Hamilton, of Travis, asked consent of the Convention to make
a report from the Judiciary Committee.

Consent given.

204 eeconstruction convention journal.

Committee Room,

July 1, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Your Committee on the Judiciary, to which was referred the reso-
lution introduced bj Mr. Lindsay in reference to providing that no
bond shall be required of the State in suits to which the State may
be a pai'tjj have instructed me to report the accompanying declara-
tion :

A. J. HAMILTON,

Chairman.

Be it declared^ by the delegates of the People of Texas in Con-
vention assembled, That no bond shall be required of the State in
any suit now pending, or which may hereafter be instituted, to which
the State may be a party, as a condition for the issuance of any writ
to which the Stxte may be otherwise entitled, and that this declara-
tion take effect and be in force from and after passage until the
adopting of some constitutional provision regulating and controlling
the subject.

The President announced the hour had arrived to take up the
special order of the day, which was the report and resolution from
the Committee on Commerce and Manufactures, exempting ma-
chinery from taxation.

Mr. Mullins offered the following amendment :

Amend as follows : After the word "purposes" insert the words
" including the building and premises in and upon which the same
may be situated, together with all necessary appliances for carrying
it out successfully." Also, after the word "taxation" insert the
words "and forced sale, except for purchase money and wages of
operatives."

Ml-. Mullins moved that the whole subject be recommitted to the
Committee on Commerce and Manufactures.

Lost.

Mr. Hamilton, of Bastrop, moved to lay the amendment on the
table.

Carried.

Mr. Bryant, of Grayson, moved that the report and resolutions of
the Conunittee on Commerce and Manufactures be indefinitely post-
poned.

Upon which motion the yeas and nays were called for, and resulted
thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Bellinger, Bled-

RECONSTRUCTION' CONVENTION JOURNAL. 205

soe. Bryant of Grayson, Buffington, Cole, Constant, Dcgener,
Downing, W. Flanagan, Fleming, Gaston, Glenn, Gray, Grigsby,
Hamilton of Bastrop, Hamilton of Travis, Harris, Harne, Johnson
of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk, Lieb, Lindsay,
Lippard, Mackey, McWashington, Muckleroy, Mundine, Munroe,
Newcomb, Pedigo, Phillips of San Augustine, Rogers, Ruby^
Schuetze, Scott, Smith of Marion, Sorrell, Stockbridge, Sumner,
Thomas, Vaughan, Watrous, Whitmore, Wilson ot Brazoria, Wilson
of Milam, Wright— 52.

Nays — Messrs. President, Bell, Board, Bryant of Harris, Bur-
nett, Carter, Curtis, Evans of McLennan, Evans of Titus, Fayle,
Flanagan, Foster, Goddin, Hunt, Kuechler, Morse, Mullins, Phil-
lips ot Wharton, Posey, Talbot, Varnell — 21.

So the matter Avas indefinitely postponed.

The hour having arrived, the President announced the next busi-
ness in order was the report of the Committee on Federal Relations,
with accompanying resolution, ceding the county of El Paso to the
United States.

Mr. Flanagan offered the following amendment to come in at end
of resolution :

" And shall pay to the State of Texas one million of dollars for
said cession."

Mr. Sumner moved to lay the amendment on the table. Motion
withdrawn by consent.

Mr. Caldwell offered the following substitute to the original reso-
lution and amendment :

Be it resolved, That the people of Texas, in Convention as- ,
sembled, relying on the justice of the Congress of the United States
to award to the people of Texas such compensation as Congress may
deem adequate, do hereby cede the political jurisdiction and right of
" public domain " over the county of El Paso to the United States;
Provided, that the United States shall form a Territorial Govern-
ment, of Avhich the county of El Paso shall be apart.

Mr. Munroe moved to lay the whole matter on the table.

Upon Avhich the yeas and nays were called, and resulted thus :

Yeas — Messrs. President, Adams, Armstrong, of Jasper, Bell,
Bellinger, Bledsoe, Board, Buffington, Curtis, Degener, Downing,
Evans, of McLennan, Evans, of Titus, Flanagan, W. Flanagan,
Glenn, Hamilton of Bastrop, Harris, Hunt, Keigwin, Kendall, Kuech-
ler, Kirk, Lippard, Mackey, Morse, Mullins, Munroe, Newcomb, Phil-
lips, of San Augustine, Smith, of Galveston, Sorrell, Talbot, Thomas,
Whitmore, Wilson, of Milam, Yarborough — 37.

Nays — Messrs. Armstrong of Lamar, Brown, Bryant of Harris, Bur-
nett, Caldwell, Carter, Cole, Coleman, Constant, Fayle, Fleming, Fos-

206 RECONSTRUCTION" CONVENTION JOURNAL.

ter, Gaston, Goddin, Gray, Grigsby, Hamilton, of Travis, Harne, John-
son, of Calhoun, Jordan, Kealj, Leib, Lindsay, Long, McCormick,
McWashington, Mills, Muckleroy, Mundine, Pedigo, Phillips, of
Wharton, Posey, Rogers, Ruby, Schuetze, Scott, Smith, of Marion,
Stockbridge, Sumner, Varnell, Yaughan, Watrous, Williams, Wil-
son, of Brazoria, Wright — 45.

So the Convention refused to lay the matter on the table.

Mr. Degener moved to indefinitely postpone the consideration
the subject.

Motion withdrawn.

Mr. Hamilton, of Hastrop, moved to commit the subject to the
Committee on the Division of the State.

Mr. Mills moved the previous question upon the adoption of the
report and resolutions offered by the Committee on Federal Relations.

Previous question seconded.

The question recurring, " shall the main question be now put?"

The yeas and nays were called for, and resulted thus :

Yeas — Messrs. Arm3trong,of Lamar, Board, Brown, Bryant, of
Grayson, Bryant, of Harris, Caldwell, Carter, Cole, Coleman
Constant, Curtis, Fayle, Fleming, Foster, Gaston, Goddin, Gray
Grigsby, Hamilton, of Travis, Johnson, of Calhoun, Jordan, Kealy.
Kendal, Kirk, Lindsay, Long, McCormick, McWashington, Mills
Mundine, Pedigo, Phillips, of Wharton, Posey, Rogers, Ruby, Scott,
Smith, of Marion, Stockbridge, Sumner, Talbot, Yarnell, Yaughan
Watrous, Williams, Wilson, of Brazoria, Wright — 47.

Nays — Messrs. President, Adams, Armstrong, of Jasper, Bell
^ Bellinger, Bledsoe. Buffington, Burnett, Degener, Downing, Evans
of McLennan, Evans, of Titus, Flanagan, W. Flanagan, Glenn
Hamilton, of Bastrop, Harris, Hunt, Keigwin, Kuechler, Leib, Lip-
pard, Mackey, Morse, Mullins, Munroe, Newcomb, Phillips, of
San Augustine, Schuetze, Smith, of Galveston, Sorrell, Thomas,
Whitmore, Wilson of Milam, Yarborough — 35.

So the main question was ordered.

The question recurring upon the second reading of the report and
resolutions.

Mr. Flanagan moved a call of the House.

Call sustained.

Mr. Munroe moved that the Convention adjourn until to-morrow
morning at nine o'clock.

Upon which the yeas and nays were called and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Bell, Bellinger,
Degener, Evans, of Titus, Flanagan, Glenn, Hamilton, of Bastrop,
Harris, Jordan, Kueohler, Mackey, Morse, Mullins, Munroe, New-
- comb, Pedigo, Rogers, Ruby — 20.

RECONSTRUCTION CONVENTION JOURNAL. 207

Nays — Messrs. President, Armstrong, of Lamar, Bledsoe, Board,
Brown, Br jant of Grayson, Bryant of Harris, Buffiiigton, Burnett,
Caldwell, Carter, Cole, Coleman, Constant, Curtis, Downing, Evans,
of McLennan, Fayle, vV. Flanagan, Fleming, Foster, Gaston, Goddin,
Gray, Grigsby, Hamilton, of Travis, Harne, Hunt, Johnson, of Cal-
houn. Kealy, Keigwin, Kendal, Kirk, Leib. Lindsay, Lippard, Long,
McCormick, McWashington, Mills, Mundine, Phillips of San Augus-
tine, Phillips of Wharton, Posey. Schuetz), Scott, Smith, of Galves-
ton, Smith, of Marion, Sorrell, Stockbridge, Sumner, Talbot, Thomas,
Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson, of Bra-
zoria, Wilson of Milam, Wri2;ht, Yarborousih — 62

So the Convention refused to adjourn.

Mr. Hamilton, of Travis, moved a suspension of the call of the
House. »

Carried.

So the call of the House was suspended.

Mr. Flanagan moved a call of the House.

Call lost again.

On motion, the Convention adjourned until nine o'clock Monday
morninsr.

CAPITOL, AUSTIN, TEXAS,
July 3, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday- read and adopted.

The President announced the reception of the following communi-
cation from his Excellency E. M. Pease, Governor of Texas, trans-
mitting communications from the Comptroller :

Executive Office,

Austin, July 2, 1868.
Hon. E. J. EAVIS,

President of the Covention :
Sir : I transmit, herewith, copies of two communications re-
ceived at this office, from Geo C. Rives, Esq., the acting Comptrol-
ler of Public Accounts, concerning the finances of the State, which
I request may be laid before the Convention.

Very Respectfully,

Your Ob't Servant,

E. M. PEASE.

208 reconstruction convention journal.

Comptroller's Office,
Austin, Texas, June 30, 1868.
His Excellency GOV. E. M. PEASE,

Sir : Referring to mj letter of this date, you will readily per-
ceive, that I took no note of the probable receipts from the General
Land Office, and other sources of revenue, which in the aggregate
would not amount to $7,000 per annum, nor did I take into account
many appropriations likely to be made by the Constitutional Conven-
tion, or by the Legislature, should one assemble. This subject is a
very serious one, and I beg that you will give it your consideration.

I have the honor to be.

Your ob't servant,

GEO. C. HIVES,
♦ Acting Comptroller.

Comptroller's Office,
Austin, Texas, June 30, 1868.
To His Excellency, E. M. PEASE,
Governor of Texas.
Sir : I beg leave, most respectfully to call your attention to the
probable receipts and expenditures of the State Government during
the period from July 1st, 1868, to July 1st, 1869, which shows that
the treasury will, in all probability, be unable to meet the demands
likely to be made upon it during the next twelve months.

statement.

Ordinary expenses of the State Government, (estimated) -$300,000

Appropriation for Penitentiary, -__-_--- 25,000

" for arresting Criminals, ------ 25,000

Pay of officers of first Provisional Government, - - - 15,000
Expense of Convention, - - - - - - - - - -125,000

Total . - - - • $490,000

Expense of Legislature, ---------- 160,000

Total $650,000

Cash on hand, say $200,000

Amount likely to be derived from taxation by
1st of July, 1869, (estimated) - - - 375,000

Total - - - - $575,000

Leaving a deficit, say of ----- - 75,000

EECONSTRUCTION CONVENTION JOURNAL. 209

Should the Convention levy a tax to reimburse the Treasury for
the amount drawn in its behalf, and if it should be paid into the treas-
ury during the next twelve months, then, we may hope to have a
small balance on hand July 1st, 1869, otherwise I see no v«'ay of
keeping the treasury in funds.

I have the honor to be.

Your most ob't serv't,

GEO. C. RIVES,
Acting Comptroller.

Mr. Evans, of McLennan, offered the following declaration :
Be it declared^ that the following shall be a section of the new
Constitution of Texas :

Section — . From and after the year 1870, Waco, McLennan
county, Texas, shall be the Capitol of the State of Texas ; and that
the University fund of Texas, shall be equally divided, and increased
double its present amount by the Legislature of Texas, and two
Universities established, the one at Tyler, Smith county, Texas, the
otiier at San Antonio, Bexar county, Texas.

On motion, the declaration was referred to the Committee on
State Affairs.

Mr. Hamilton, of Bastrop, offered the following resolution :
Resolved, That Brevet Maj. Gen. J. J. Reynolds, commanding
the District of Texas, be and is, hereby respectfully requested to
cause the Comptroller of Public Accounts of Texas, to prepare and
transmit for the use of this Convention the following statements and
information, to-wit:

1st Statement — showing the assessment of taxes in each county
in the State, for the year 1867.

2nd. Estimate of cost of collection of taxes under existing laws.

3d. Amount collected upon assessment for 1867.

4th. Statement of the different accounts, showing the receipts
from the 4th of September, 1867, and the balances in the different
kind of funds standing as credits of each account on 31st of May,
1868.

5th. Statement of warrants drawn by the Comptroller upon the
Treasurer, during the period commencing September 4th, 1867, and
ending with May 31st, 1868.

6th. Statement of public debt.

7. Reports of Railway companies made to comptroller under
act of February 7th, 1853.

8th. Statement showing the present indebtedness of each Rail-
road Company, to the State, and also what amount of interest has
14

210 RECONSTRUCTION CONVENTION JOURNAL.

been paid, -when, in what kind of funds paid, and amounts remaining
unpaid.

9tli. Statement of amounts paid for Asylums, from their estab-
lishment to June 1st, 1868, and in what kind of funds paid.

lOth. Statement of amounts paid for Penitentiary from its es-
tablishment to June 1st, 1868, and in what kind of funds paid.

11th. Statement, showing the amount and character of funds
paid for School Lands during the existence of the rebellion.

Mr. Hamilton, of Bastrop, moved a suspension of the rules, for
consideration of the resolution.

Rules suspended.

Resolution read a second time, and agreed to.

Mr. Hamilton, of Bastrop, moved a further suspension of the
rules, to put resolution on its final passage.

Rules suspended, resolution read a third time and passed.

Mr. Sumner offered the following resolution :

Resolved, That hereafter, no member of this Convention shall be
allowed to speak over thirty minutes at- one time, without the con-
sent of a majority of all members present.

Mr. Sumner moved a suspension of rules to consider resolution.

Rules suspended, and resolution agreed to.

Mr. Smith, of Galveston, offered the following declaration and
asked its reference to Judiciary Committee :

Be it declaimed, that any discrimination made by court officers in
the selection of jurors, on account of race or color, shall be deemed
a misdemeanor in office, and punishment by fine and imprisonment,
and that this Convention require this principle to be incorporated in
the Constitution.

Referred to the Judiciary Committee.

Mr. Eayle offered the following preamble and resolutions :

Whereas, The fragments of rebel usurpation within this State
are so violent in their antipathies to the United States Governmoit,
and so hostile to the Reconstruction Acts of Congress that, notwith-
standino; all the magnanimity and forbearance of the Government
towards tliem, they are still arrayed ni strong opposition, endeavor
ing to tlnvart and, if possible, defeat the measures of Congress for
the reconstruction of the State, and its restoration to a place in the
general Government; and

Whereas, From all the facts before us, there is evidently a
wicked combination of the old secession rel)el elements to defeat by,
force and fraud the organization of a civil government in loyal hands'
witliin this State, or, it unable to defeat, seeking to control ; and

Whereas, The military power in the limits of the State, at the

RECONSTRUCTION CONVENTION JOURNAL. 211

disposal of the Commanding General, is altogether inadequate for
the protection and defense of the loyal and peaceable portion of the
citizens thereof, and this to such an alarming extent as to leave some
sections almost in a state of anarchy, and threatening the entire
State with the direst oppression and misrule ; and

Whereas, There is no likelihood of any sufficient force being
sent into the State, such as would meet the exigencies of the case,
or if sent could arrive in time to accomplish the desired results of
preserving peace and giving protection ; and

Whereas, The loyal citizens of this State are a law-abiding, or-
der-loving people, and willing and able to defend themselves, if it
could be done under the sanction of and in accordance with law. Yet
inasmuch as the greater part of the offices in the State are in the
hands of rebels and devoted adherents to the lost cause, and are
backed up by the lawless and violent of their respective communi-
ties, there is, under the present administration of affairs, no redress ;
and

Whereas, Under such circumstances, there can be no true
election by the people — the malicious and revengeful spirit of the
enemies of the United States Government have inauajurated a reisn
of terror, such as existed in the year 1860, thereby allowing no just
expression of the public will — no fail' choice to be made by the
people ;

And Whereas, The Reconstruction Acts positively require of
this Convention not only that they should "frame a Constitution,
Republican in its principles," but make it their imperative duty to
'• establish a civil government loyalin its character," specifying only
that the members of the Legislature be elected directly by the people;
leaving all other matters pertaining to the offices and machinery o
the State government to be regulated by, and as may seem be-t to
this body, and in conformity to the exigencies and condition of things.

Therefore be it resolved^ That this Convention do hereby appoint
a committee of seven of its members, representing the different parts
of the State, whose duty it shall be to select and appoint the entire
executive officers of the State, to serve during the first term, as re-
C[uired by the Constitution framed by this Convention, and to take
their seats upon its acceptance by Congress.

FAYLE.

On motion it was referred to the Executive Committee.

Mr. Hunt, of Comal, offered the following declaration :

Whereas, Corrupt. means have been heretofore used in this State
to obtain charters and special privileges, monopolies having thereby
been created in the interest of a favored class, including political
speculators and demagogues, who have used their franchise to sub-

212 RECONSTRUCTION CONVENTION JOURNAL.

serve and strengthen party cliques, to the detriment of the welfare
of the community at large.

Be it therefore declared by this Convention^ That no charter
shall hereafter be granted by any further Legislature, having for its
object the development of the resources of the State, or improvement
of the country in any way, without the party or parties who apply
for such charter or privilege shall first give full and sufficient securi-
ty of ability to carry out to successful completion the right or privi-
lege desired.

Granted.

On motion the declaration was referred to the Committee on State
Affiiirs.

Mr. Harne offered the following resolution.

Resolved^ That the Judiciary Committee be instructed to report
by declaration or otherwise, the propriety of defining the qualifica-
tion of grand and petit jurors, so that all persons of good moral
character, who are qualified electors, shall be competent jurors.

On motion, the resolution was referred to the Judiciary Committee.

Mr. Kealy offered the following resolution :

Resolved, That each county of the State shall make provisions for
the poor of their respective counties, by purchasing three hundred
and twenty acres of land, convenient to the county site of such
county, and erect suitable buildings for the accommodation and care
of said poor persons, who may become charges on any of said coun-
ties, and said lands be brought into cultivation for the support of said
poor persons ; said land and buildings not to exceed in value the
sum of five thousand dollars, unless by a two-third vote of the legal
voters of said counties. All the necessary appointees to superintend
and carry out the purchase of land, erect buildings, etc., shall be
left to the convening of the next sitting of the State Legislature;
who shall, at their session, make all the necessary preliminaries to
carry the same into effect.

On motion, the resolution was referred to the Committee on State
Affiirs.

Mr. McCormick asked leave of absence for Mr. Vaughan until
next Wednesday.

Leave granted.

Mr, Evans, of McLennan, asked leave of absence for Mr. Patten,
until next Monday.

Leave granted.

Mr. Evans, of McLennan, in the Chair.

Mr. Davis, of Nueces, offered the following rosolution :

Resolved, That this Convention selects Messrs. M. C. Hamilton
and C. Caldwell, members of this body, as a committee, with instruc-

EECONSTRUCTION CONVENTION JOURNAL. 213

tions to proceed to Washington without delay, and lay before Con-
gress the condition of lawlessness and violence prevalent in this
Stats, and ijrge the immediate necessity for action on the following
matters :

First. The adoption of some law or regulation that will secure the
filling of all State Provisional officers with competent and loyal in-
cumbents.

Second. The organization of a loyal militia, to be placed under
the direction and control of the loyal Provisional authorities of Texas.

Laid over one day under the rules.

The President announced that the hour had arrived to take up the
busine3s made the special order of the day, for ten o'clock this
day, which was upon the substitute offered by Mr. Hamilton, of
Travis, for the report and resolutions offered by the Committee on
the Division of the State.

Mr. Hamilton, of Travis, asked leave of absence until Monday
next.

Leave granted.

On motion, the Convention adjourned until Monday morning at
nine o'clock.

214 RBCOXSTRUCTIOX CONVEISTTIOX JOURNAL.

CAPITOL, AUSTIN, TEXAS,
July 6,' 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer bj the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Cole made a minority report from Special Committee on Law-
essness and Violence, as follows:

To the Hon. E. J. DAVIS,

President of the Convention :
The undersigned, one of the Special Committee on Lawlessness
and Violence, while admitting the correctness of the figures in the
committee's report, made on June 30, ult., respectfully dissents from
the comments and conclusions of the com.mittee, as set forth in said
report, and asks that this dissenting report be spread upon the jour-
nal of the Convention.

Respectfully submitted,,

COLE, of Hopkins.

Mr. Burnett moved the suspension of the rules, to allow Commit-
tee on Public Lands to report.

Rules suspended.

Mr. Lippard, from Committee on Public Lands, reported as fol-
lows :

Committee Room,
July 3, 1868.

To the Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on Public Lands, to whom was referred the
following bills, to-wit :

A bill by Mr. Carter, bearing dote June 23, 1868;

A bill by Mr. Pedigo, bearing date June 24, 1868;

A bill by Mr. Lindsay, bearing date June 26, 1868 ;

And a bill l)y Mr. Patten, bearing date June 29, 1868 ;
have had the same under c(jnsideration, and after a thorough exami-
nation of said bills, are of opinion that they more properly belong to
a strictly legislative body, and cannot be entertained by this Con-
vention. Said l)ills are herewith returned with a recommendation
that they be rejected by the Convention. The Committee will, so
soon as possible, report articles, to be a part of the Constitution, au-

RECONSTRUCTION CONVENTION JOURNAL. 215

thorizing the Legislature to pass such bills as will supply the want
now felt.

The Committee would respectfully suggest and recommend to the
Convention, that the Secretaiy of the Convention be instructed to
number each bill presented to the Convention, believing thereby to
facilitate the work of the Convention.

J. H. LIPPARD,
Chairman Committee on Public Lands.

Mr. Burnett offered the following minority report :

Committee PtOOM,
July 6, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The undersigned, of the Committee on Public Lands, dissent
from so much of the report of said committee as reports back, and
recommends the rejection of the declaration offered by Hon. H. C.
Pedigo, with reference to the relinquishment, by the State, of all
her right to minerals, etc.; and we respectfully recommend the adop-
tion of the declaration for the following reasons, to-wit ;

The majority of the committee, in their report, style the said
declaration as legislative, and without reference to the merits or
policy of the measure, suggest that it would more properly come
before the Legislature; but we are of opinion that the declaration is
fundamental in its character, and is a proper matter to be incor-
porated among the provisions of our organic law.

The reservation, by the State, of all minerals beneath the surface
of the ea,rth, had its origin in the days of darkness and barbarism ; it
was the principle of the common law of England, and also obtained
in the civil and the Spanish law, from the latter of which it became
.a. general principle in our own law. It was incorporated into our
statutory law in 1837, in the days of the Republic, and it has been
held that this special recognition of the doctrine was only declara-
tory of the existing lai;v, and that the general principle was applica-
ble to all grants of land by the State : so it may now be unques-
tioned that the State has a legal claim to all salt springs, gold and
silver mines, copper, lead, and other minerals beneath the surface of
all lands granted by the State.

While such reservation may be suited to governments which
recognize the " Divine right of kings,"' yet we believe it is dictated
by a narrow and arbitrary spirit, and is totally at variance with the
genius of free Republicanism. We believe our government has
derived no substantial benefit from the reservation ; but, on the con-

216 RECONSTRUCTION CONVENTION JOURNAL.

trarj, that its effect has been, and will continue to be, to retard the
development of the great mineral wealth of the State, of which we
have so often justlj boasted, and to which we confidently look as a
source of future wealth and prosperity. It seems to us it would be
better for the State to relinquish all her claims to these minerals,
which would encourage the rightful owners of the soil to rapidly
develop the mineral resources of the country ; and in the increase of
taxation arising from the enhanced value of the lands, etc., the
State would be fully compensated for the relinquishment. ¥/e be-
lieve the adoption of the declaration would be in keeping with the
enlightened and liberal spirit of this age of progress and improve-
ment, and that it would redound to the interest of the State and the
whole people.

Respectfully submitted,

JAMES R. BURNETT,
SAM. W. JOHNSON,
Of Committee on Public Lands.

Mr. Lippard, from the same committee, made the following report
upon the resolution of Mr. Yarborough :
^ Committee Room,

Austin, July 3, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Public Land, to whom was referred a
resolution offered by Mr. Yarl^orough, have had the same under
consideration, and have the honor to report the following :

A statement from the General Land Office, appended to the report
of the late Attorney General, shows that Capt. Stephen Crosby,
late Commissioner of the General Land Office, is a defaulter to the
extent of $,17,839 34 in coin. Of this aggregate amount
.$3,766 10 appears to be due individual depositors, and ,^14,073 24
tlie State. Individual depositors have to look to the ex-Commissioner •
alone, who they voluntarily made their banker for their deposits.

So far as the State is concerned, it can and ought to recover
against him and sureties.

Your committee are clearly of opinion that in no case should any
deposit made during rebel rule be treated as legal and valid. Tl'.ey
are unable to perceive why persons who aided and abetted the
re^'ollion should be permitted to take advantage of their own wrong,
and claim now to be insured by a loyal convention against losses
incurred through the defalcation of a rebel State officer.

They hold tliat in justice they can go no further than to concede
that in case a recovery is had against Capt. Crosby and his sureties,
the amount recovered should be credited to those by whom it was

RECONSTRUCTION CONVENTION JOURNAL. 217

deposited, provided their deposits were made prior to February 1,
1861.

Your committee are not convinced that such a number of "widows
and orphans" made deposits prior to the date specified, as to warrant
their being made the entering wedge for breaking into the treasury
in the manner and to the extent contemplated by the resolution
under consideration. *

For the foregoing and other reasons they recommend that the
resolution do not pass.

J. H. LIPPAED,
Chairman Committee on Public Lands.

Mr. Newcomb offered the following declaration, and asked its
reference to the Committee on General Provisions :

Be it declared, by the People of Texas i?i Cofwention assembled,
That the following shall be a section in the Constitution of this
State :

Section. — All children born in this State out of wedlock are
legitimate for all purposes of law and fact, and it shall be the duty
of the Legislature to pass an act enabling such persons to inherit
the estates of their parents and to enforce all the obligations of
parent to child.

Referred to Committee on General Provisions.

Mr. Smith, of Galveston, offered the following as proposed
sections to the Constitution and asked its reference to the Executive
Committee.

Section. — There shall be elected by the qualified voters, at stated
periods, fixed by law, a Comptroller of Public Accounts and a
Treasurer, who shall hold their oifices until their successors are
•qualified.

Sec— The Comptroller shall be the chief fiscal agent of the
State, shall have a salary equal to the Governor of the State, and
shall have the power to nominate, through the Governor, to the
Senate for confirmation, all assotisors and collectors of taxes for the
several counties : and to suspend or remove from office, for incom-
petency, neglect of duty or malfeasance in office, and to appoint their
successors, subject to the action of the Senate.

Referred to the Executive Committee.

Mv. Evans, of McLennan, oSered the following declaration :

Whereas, the people of Texas, on the — day of a. d.,

1861, were in the enjoyment of, submitting to and abiding by, a
good and lawful State government, Republican in form, to wit : a

218 RECONSTRUCTION CONVENTION JOURNAL.

State constitution, framed by delegates in convention assembled, of
date August 27th, A. d. 1845, and which had been duly accepted by
the Congress of the United States of America, of date December
29th, A. D. 1845, and laws made in pursuance thereof; and whereas,

to wit : on the day of February, A. D. 1861, a portion of the

people of Texas did make an abortive attempt to overthrow the
aforesaid State constitution ibf A. d. 1845, and to transfer their
allegiance from the United States of America to another govern-
ment ; and whereas, said attempt to overthrow the said State gov-
ernment and to transfer their allegiance to another government
engendered a conflict of arms ; and whereas in said conflict of arms
all civil State government in Texas was lost ; and whereas the Con-
gress of the United States of America has graciously permitted the
people of Texas to meet in convention to frame a State constitution
a.nd civil government in Texas ; therefore, we, the delegates of the
people of Texas, in their name and for them, do declare that the
constitution of A. D. 1845, with the following additions, subtractions,'
changes and alterations, shall, whenever accepted by the Congress of
the United States, be the State constitution for the people of Texas.

[Additions, subtractions, chanfjes and alterations, noted accord-
ing to the constitution as found printed in Oldham and White's
Di/jest.]

1. In section 1, article 3, line four, strike out "Republic'' and
insert "State;" in line six, strike out "Africans and descendants of
Africans."

3. In article 3, section 2, strike out entire section.

4. In article 3, section 6, line three, strike out "Republic" and
insert "State."

5. In article 3, section 11, line three, strike out word "Republic"
and insert word "State."

6. Arrange article 3, section 29 and 30, according to report of .
Committee on Apportionment.

7. Arrange Article 3, Section 32, according to report of Com-
mittee on Apportionment.

8. In Article 3, Section 3, strike out all of said section after the
word "government" in line three.

9. In Article 3, Section 34, line two, strike out "three" and in-
sert "six," and in line "three" strike out "three" and insert "six."

10. Strike out Section 35, Article 3, entire, and insert in stead

thereof as follows : The city of , shall be the Capitol of

Texas, for a period of twenty years, commencing in 1870, and until
otherwise located by the people.

RECONSTRUCTION CONVENTION JOURNAL. 219

11. In Article 4, Section 2, line one, strike out "two" and in:5ert
"four."

12. Article 4, Section 5, strike out entire and insert

Section 5. The Judges of the Supreme Court shall be elected hj
the qualified electors of the State, and they shall hold their offices
for a period of four years.

13. In Article 4, Section 6, line tAvo, strike out the word "appoint-
ed"' and in three strike out "twice" and insert "three" times.

14. In line two, Section 7, Article 4, strike out the words "two
thousand" and insert "four thousand" and in line three strike out
the words "seventeen hundred and fifty" and insert "three thous-
and."

15. In Article 4, Section 11, lines one and two, strike out the
words "who shall be elected by the qualified voters for members of
the Legislature," and insert "who shall be appointed by the District
Judge of the District," and in line three after the word "by" insert
"the District Judse ;" in line five after the word "clerk" strike out
the section and insert "to fill the vacancy."

16. Strike out Section 1%, Article 4 and insert

Section 12. There shall be elected by the qualified electors of the
State, an Attorney General, and a District Attorney for each Judi-
cial District, who shall hold their offices for four years, and said Attor-
ney General shall receive a salary of four thousand dollars annually;
and the said District Attorneys the sum of one thousand dollars
each annually, and such perquisites as may be fixed by law.

17. In Article 4, Section 13, line two, strike out the word
"sheriff" and in line five strike out the word "sheriffs" and strike
out the last sentence, and insert in its stead, The District Judges
shall appoint one sheriff for each county in his District, who shall
hold his office for four years, subject to removal by the District
Judge, and by indictment and conviction.

18. In Article 5, Section 4, line one, strikeout "two" and insert
"four;" and in line three strike out the words "for more than four
years in any term of six years," and insert "to re-election."

19. In Article 5, Section 5, line three, strike out "two" and in-
sert "four."

20. In Article 15. Section 13, line eight, strike out the words
"the Lieutenant Governor," to the words "House of Representa-
tives and no more," and insert "The Lieutenant Governor shall re-
ceive such salary, as by law may be fixed, and he shall receive the
sum of two thousand dollars annually, until fixed by law."

21. In Article 7, section 6, add the following sentence: And any
ballot or vote, cast for any person who by the laws of the United
States or this State, is ineligible to the office for which he is voted

220 EECONSTPvUCTION CONVENTION JOURNAL.

for, shall be deemed and held null and void ; and the person or per-
sons who are eligible and having the greatest number of votes, shall
receive the certificate or evidence of election.

22. In Article 7, Section 22, line four, after the word lots, insert
the words "excluding improvements;" and in line five, strike out the
word "hereafter."

23. Strike out entire Article 7, Section 27, and insert

Section 27. Taxation shall be equal and uniform throughout the
State. All property shall bear tax in proportion to its value, to be
ascertained bj law, except such property as the Legislatu)-e may by
a two-third vote of both Houses exempt ; And the Legislature shall
have power to levy trade, income, occupation and profession taxes.
And all lands in Texas upon which the taxes, state, county, corpora-
tion or railroad, shall not be paid at any time for three consecutive
years, shall forfeit i/)so facto to the State of Texas, for the use and
benefit of the county where situated, and for scliool purposes; and the
Legislature shall, at its first session, make and keep in force laws un-
der which all fori'eiturcs of land shall be declared in the courts of
the country.

24. In Article 7, Section 36, strike out the entire section and
insert the following :

Section 36. The County Courts for Police purposes, or other
officers exercising the functions now exercised by said court, shall
have power to pledge the faith and credit of their respective coun-
ties to aid in the construction of railroads, or other internal improve-
ments, in the form of bonds or subscriptions. And they shall have
the power to assess and collect a tax on all the taxable property in
the county, not to exceed two per cent, annually upon the value of
the property.

25. iVdd the following section :

Section 37. All forced sales of real estate in Texas, by slier iSs,
marshals, assessors and collectors, assignees in bankruptcy, consta-
bles or other officei's, administrators and executors, for the purpo-
ses of paying debts of decedents, and by guardians of minors, sliall
be made in parcels not less tlian 20 or more than 100 acres ; And
the Legislature at its first session shall provide for the division of
land sold by the officers selling.

26. Strike out Article 8, entirely.

27. Strike out Article 11, entirely.

Mr. Evans, of Titus, offered the following resolution :
Ry3S()U-ed, That the Sjxjcial Committee on Lawlessness and
Violence be instructed to produce to the Convention, or to any mem

RECONSTRUCTION CONVENTION JOURNAL. 221

ber of the Convention who may desire to examine the same, all the
testimony on which the report of June 30 is based, especially :

First. The records of the State Department, particularly the offi-
cial reports of the clerks of the District Courts.

Second. The records of the Freedmen's Bureau.

Third. The sworn statements of the witnesses.

Mr. Evans, of Titus, moved the suspension of rules, to allow con-
sideration of resolution.

Convention refused to suspend rules.

Mr. Smith, of Galveston, offered the following, and asked its
reference to Committee on General Provisions.

Section — . That all ordinances and resolutions passed by any
Convention of the people, and all acts and resolutions of any Legis-
lature conflictincr or inconsistent with the Constitution of the United

O .....

States and the statutes thereof, and with this constitution, and in
derogation of the existence or position of this State as one of the
States of the United States of America, are hereby declared null and
void from the beginning.

Referred to Committee on General Provisions.

Mr. Thomas offered the following resolution :

Resolved, That the Secretary be instructed to discontinue all
newspapers heretofore ordered for the use of this Convention, except
500 copies of the Austin Daily Republican, which he is authorized
to continue at a cost not to exceed ten cents for each number.

Mr. Evans, of McLennan, in the Chair.

Mr. Davis, of Nueces, asked a suspension of the rules to take up
resolution respecting the sending of Mr. Hamilton, of Bastrop, and
Mr. Caldwell to Washington.

Rules suspended.

Mr. Davis offered the following amendment to the original reso-
lution :

Amend by inserting at the end of the original resolution :

Third. The appointment, by this Convention, of Registrars of
Voters previous to the coming election.

Fourth. Such other matters as may be referred to the action of
Congress, by this Convention.

Fifth, That the sum of eight hundred dollars, or so much
thereof as may be necessary, be, and the same is hereby appro-
priated out of any funds at the disposal of this Convention, to pay
the expenses of travel of said committee, in going to and returning
from Washington.

Mr. Sumner moved the adoption of the amendment.

Seconded.

222 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Caldwell moved that Mr. Evans, of Titus, be permitted to
occupy the floor thirty minutes over the time allowed by the rules.

Leave granted.

JSIr. Wright moved the special order of the day, at ten o'clock, be
postponed until after the consideration of resolution before the Con-
vention.

On motion the rule as to the regular hour of adjournment was
suspended.

On motion the Convention adjourned till four o'clock this after-
noon.

FOUR o'clock p. M.

Roll called. Quorum present.

The question recurred upon the adoption of the amendment, upon
which the yeas and nays were called, and resulted as follows :

Yeas — Messrs. Armstrong, of Lamar, Bell, Bellinger, Bledsoe
Brown, Bryant, of Grayson, Bryant, of Harris, Burnett, Carter,
Coleman, Constant, Curtis, Degener, Evans, of McLennan, Fayle
Fleming, Foster, Gray, Grigsby, Hamilton, of Bastrop, Hamilton
of Travis, Harne, Hunt, Johnson, of Harrison, Johnson, of Calhoun
Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Long
Mackey, McCormick, McWashington, Mills, Morse, Mundine
Munroe, Newcomb, Patten, Pedigo, Phillips, of San Augustine
Phillips, of Wharton, Posey, Rogers, Ruby, Scott, Slaughter
Smith, of Galveston, Smitli, of Marion, Stockoridge, Sumner
Talbot, Thomas, Watrous, Whitmore, Williams, Wilson, of Brazoria
Wrio;ht, Yarborough — 62.

Nays — Messrs. Adams, Armstrong, of Jasper, Board, Cole
Evans, of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Harris
Keigwin, Kirk, Muckleroy, Mullins, Soirell — 14.

So the amendment was adopted.

Mr. Armstrong, of Lamar, moved to amend by adding the name
of Mr. Whitmore.

Mr. Burnett moved to lay the amendment on the table, upon
which the yeas and nays were called and resulted thus :

Yeas — Messi'S. Adams, Armstrong of Jasper, Bellinger, Bledsoe,
Bryant of Grayson, Burnett, Carter, Cole, Coleman, Constant,
Curtis, Fajde, Foster, Gaston, Glenn, Grigsby, Hunt, Johnson of
Harrison, Keigwin, Kendal, Lindsay, Lippard, Long, Mackey,
McCormick, Mills, Morse, Muckleroy, Mullins, Munroe, Newcomb,
Phillips of San Augustine, Phillips of Wharton, Posey, Ruby, Sum-
ner, Tall)ot, Thomas, Varnell, Willidtos, Wilson of Brazoria, Wright,
Y^arborou<!;h — 43.

RECONSTRUCTION CONVENTION JOURNAL. 223

Nays — Messrs. President, Armstrong of Lamar, Bell, Board,
Brown, Caldwell, Degener, Evans of McLennan, Evans of Titus,
Flanagan, W. Flanagan, Fleming, Gray, Hamilton of Travis.
Harris, Harne, Johnson of Calhoun, Jordan, Kealy, Keuchler,
Kirk, Leib, McWashington, Mundine, Patten, Pcdigo, Rogers,
Scott, Slaughter, Smith of Galveston, Smith of, Marion, Stock-
bridge, Watrous — 83.

So the amendment was laid on the table.

Mr. Sumner moved the previous question upon the adoption of
the resolution.

The question recurring, " shall the main question be now put? "
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong, of Lamar, Bell, Bellinger,
Bledsoe, Brown, Bryant, of Grayson, Bryant, of Harris, Burnett,
Carter, Constant, Curtis, Degener, Evans, of McLennan, Fayle,
W. Flanagan, Fleming, Foster, Gray, Grigsby, Hamilton, of Tra-
vis, Harne, Hunt, Johnson, of Harrison, Johnson, of Calhoun,
Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Long,
Mackey, McCormick, McWashington, Mills, Morse. Muckleroy,
Mundine, Munroe, Newcomb, Patten, Phillips, of San Augustine,
Phillips, of Wharton, Posey, Rogers, Ruby, Scott, Slaughter,
Smith, of Galveston. Smith, of Marion, Stockbridge, Sumner, Talbot,
Thomas, Varnell, Watrous, Whitmore, Williams, Wilson, of Bra-
zoria., Wright, Yarborough — 63.

Nays — Messrs. Adams, Armstrong, of Jasper, Board, Cole,
Evans, of Titus. Flanagan, Gaston, Glenn, Harris, Keigv/in, Kirk,
Mullins— 13.

So the main question was ordered.

The question recurred upon the engrossment of the resolution as
amended, upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, BroAvn, Bryant of Grayson, Bryant of Harris, Burnett,
Caldwell. Carter, Coleman, Constant, Curtis, Degener, Evans of
McLennan, Fayle, Fleming, Foster, Gray, Grigsby, Hamilton of
Travis, Harne, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Long,
Mackey, McCormick, McWashington, Mills, Morse, IMundine,
Munroe, Newcomb, Patten, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Ruby, Scott, Slaughter, Smith of Gal-
veston, Smith of Marion, Stockbridge, Sumner, Talbot, Thomas,
Varnell, Watrous, Whitmore, Williams, Wilson of Brazoria, Wright,
Yarboroug-h — 63. »

Nays — Messrs. Adams, Armstrong of Jasper, Board, Cole,

224 RECONSTRUCTION CONVENTION JOURNAL.

Evans of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Harris,
Keigwin, Kirk, Muckleroj, Mullins — ^14.

So the resolution as amended was ordered to be engrossed.

Mr. Johnson, of Calhoun, moved a suspension of rules, to put
resolution upon its final passage.

Carried. ,

Resolution as amended was read a third time. The yeas and
nays being called for resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bel-
linger. Bledsoe, Brown, Bryant of Grayson, Bryant of Har-
ris, Buffington, Burnett, Carter, Coleman, Constant, Curtis,
Degener, Evans of McLennan, Fayle, Fleming, Foster, Gray,
Grigsby, Hamilton of Travis, Harne, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler, Leib,
Lindsay, Lippard, Long, Mackey, McCormick, McWashington,
Mills, Moi-se, Mundine, Munroe, Newcomb, Patten, Phillips of San
Augustine, Phillips of Wharton, Posey, Rogers, Ruby, Scott,
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge,
Sumner, Talbot, Thomas, Varnell, Watrous, Whitmore, Williams,
Wilson of Brazoria, Wright, Yarborough — 63.

Nays — Messrs. Adams, Armstrong of Jasper, Board, Cole,
Evans of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Harris,
Keigwin, Kirk, Muckleroy, Mullins, Sorrell — 15.

So the resolution was passed.

On motion the Convention adjourned until nine o'clock to-morrow
mornini;.

RECONSTRUCTION CONVENTION JOURNAL. 225

CAPITOL, AUSTIN, TEXAS,

July 7, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Hamilton, of Bastrop, Chairman of the Committee on Gen-
eral Provisions, made the following report:

Committee Room,
Austin, July 7, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee, to whom the following resolutions and
declarations have, from time to time, been referred, to wit :

No. 1. For the relief of ministers of the Gospel from the politi-
cal disabilities imposed by the Constitution — Rogers.

No. 2. Asking the formation of a new county — Armstrong, of
Lamar.

No. 3. Asking that the Legislature be restrained from legislating
on the social status of citizens — Burnett.

No. 4. Upon the establishment of a geological bureau and survey
of the State — Lindsay.

No. 5. Proposing the removal of political disabilities on account
of participating in the rebellion after the year 1880 — Fayle.

No. 6. Requiring the Sabbath day to be fully recognized by law,
and its observance enforced — Leib.

No. 7. Asking that the statutes of limitations be declared sus-
pended during the rebellion — Phillips, of Wharton.

No. 8. Asking imprisonment for debt to be prohibited — Harn.

No. 9. Taxation and forfeiture of lands for non-payment of taxes
thereon — Evans, of McLennan.

No. 10. Forced sales of lands to be offered in small lots — Evans,
of McLennan.

Have had the same under careful consideration, and are unani-
mous in declining to act upon the first six, as numbered above ; and
I am instructed to report the same back with the recommendation
that they do not pass or find a place in the Constitution of the
State. Your Committee are equally unanimous as to the propriety
of inserting in the general provisions of the Constitution the four
last named, from 7 to 10, inclusive. All of which is respectfully
submitted.

M. C- HAMLLTON,
Chairman of the Committee on General Provisions.
15

lilib RECONSTRUCTIOiSr CONVENTION JOURNAL,

Mr Pedigo, Chairman of the Special Committee on Political Dis-
abilities, otFered the following report and accompanying resolution :

Committee Rooms,

July 7, 18(38.
Hon. E. J. DAVLS,

President of the Convention :
Your Committee on Political Disabilities have the honor to report
that they have had under consideration the applicationof many persons,
citizens of this State, for relief from political disabilities, and here-
with submit, as the result of their deliberations, the accompanying
memorial and resolution, and ask their adoption by this Convention :

H. C. PEDIGO,

Chairman.

To THE Honorable the Senate and House of Representa-
tives OF THE Congress of the United States:
Your memorialists, the people of the State of Texas in Conven-
tion assembled, would respectfully represent and set forth that the
following named persons, who are all resident citizens of the State
of Texas, to wit : James H. Bell, R. K. P. Record,' S. S. Nichols,
C. B. Way, S. W. Ford, T. Douglass Rock, J. G. Bell, B. L.
Cheek, F.'^Palm, A. Bejan Brocht, F. A. Engleker, H. Miller, John
Pace, J. H. Christmans, M. Priest, James M. Crosson, A. J. Burke,
Jr., Edward T. Randall, J. Douglass Brown, R. C. Dunn, Martin
W. Wheeler, B. W. Gray, A. M. Bryant, Robert H. Taylor, A. P.
McCormick, D. E. E. Braman, A. P. Wiley, Wm. H. Fleming,
Wm. H. Johnson, Nathaniel W. Towns, Sam F. Moseley, Benjamin
Saunders, R. S. Hunt, William Henderson, Jr., Joshua F. Johnson,
Mark Caudle, Clement Dixon, Henry W. Gains, D. H. Beardin, W.
W. Giddens, J. L. Riddle, John H. Beatty, J. C. C. Winch, A. M.
Kleiber, William A. Daly, George M. Patrick, G. M. Mooring,
Franklin Brigance, John H. Wilson, Orville B. Caldwell, H. J.
Jones, A. G. Perry, W. B. Lewis, John E. George, Wm. Hooks,
Henry C. L. Keith, A J. Smythe, H. J. Herrington, Stacy Col-
lins, Jeremiah Harrison, R. H. Leonard, William W. Wallace, Fran-
cis H. Dixon, Geo. W. 0. Bryan, Isaiah Junker, J. K. McCreary,
William J. Phillips, James G. Hunt, John A. Bagby, William A.
Ellctt, Douglass Reeves, J. L. Carrol, John Herring, Thomas
Stern, H. E. Bradford, E. A. Hendsaldt, C. G. Hall, A. B. Dodd,
Thomas C. Smith, Erwin Wilson, B. W. Bradley, S. Bostick, Geo.
W. Hobson, J. B. Morgan, Abram B. Pedigo, G. W. Guess, A.
Cochran, John Chapman, Ansel Dowdy, S. C. Atterberry, W. A.
Bledsoe, Perry Taylor, Lewis Taylor, Thomas Aired, John Fain,

RECOXSTRUCTION CONVENTION JOURNAL. 22'7

,T. T. Stanley, C. C. Binldy, Nat. Raymond, Robert Zapp, Harvey
Young, C. A Brooks, W. B. Tarver, Samuel R. Evans, Ed. A.
Burke, J. W. Johnson, C. C. Nash, James Moore, H. M. Barn-
heart, W. H. Burkhart, are gentlemen of good moral character and
honorable deportment ; patriotic and loyal in sentiment, devoted to
the Union, and firm supporters of the reconstruction policy of Con-
gress ; that they have talent and intelligence fitting them for posi-
tions of usefulness and honor ; but that they, on account of having
participated in the late rebellion, in many cases against their inclina-
tion and better judgment, and because they previouslj^ held office as
contemplated by the Fourteenth Amendment to the Constitution of
the United States, are subject to the disabilities mentioned in said
Fourteenth Amendment ; wherefore, your memorialists pray that all
disabilities now imposed by law upon the persons aforesaid, be by
law removed, and as in duty bound, &c.

Be it resolced by the people of Texas, hi Convention assembled,
That the accompanying memorial, jjresented by the Committee on
Political Disability, be adopted, as the action of this Convention;
that Congress be requested to relieve the persons aforesaid of said
disability mentioned in said memuviai ; that certified copies of said
memorial and this resolution be transmitted to the Congress of the
United States, signed by the President of this Convention and
attested by the Secretary.

Mr. Hamilton, of Travis, moved that the rules be suspended to
take up report and resolution.

The yeas and nays ijeing demanded, resulted thus :

Yeas — Messrs. Armstrong, of Lamar, Bell, Bellinger, Bledsoe,
Brown, Bryant, of Harris, Buffington, Burnett, Caldwell, Carter,
Constant, Downing, Evans, of McLennan, Fayle, Fleming, Foster,
Gray, Grigsby, Hamilton, of Travis, Harne, Johnson, of Harrison,
Johnson, of Calhoun, Kealy, Kuechler, Leib, Lindsay, Lippard,
Long, Mackey, McCormick, McWashington, Morse, Munroe, New-
coml), Pedigo, Phillips, of San Augustine, Phillips, of Wharton,
Posey, Rogers, Ruby, Scott, Smith, of Galveston, Stockbridge.
Thomas, Varnell, Watrous, Wilson of Brazoria, Wright. — 48

Nays — J^Jessrs. President, Adams, Armstrong of Jasper, Board,
Cole, Coleman, Curtis, Degener, Evans of Titus, Flanagan, W.
Flanagan, Gaston, Glenn, Hamilton, of Bastrop, Harris, Hunt,
Keigwin, Kirk, Muckleroy. 'Mullins, Onks, Patten, Schuetse,
Slaughter, Smith, of Marion, Sorrell, Sumner, Whitmore, Williams,
Wilson of Milam, Yarborough — 31.

So the motion to suspend was lost.

Mr. Ruby offered the following declaration :

228 EECONSTRUCTIOX COXVEXTION JOURNAL,

Article 1. The citizens of the citj of Galveston shall have the
right of appointing the several public officers necessary for the
administration of the police of said city pursuant to the mode of
elections, which shall be provided by the Legislature. Provided,
That the Mayor and Recorder shall be commissioned by the
Governor as Justice of the Peace, and the Legislature may vest in
them such criminal jurisdiction as may be necessary for the punish-
ment of minor offenses and as the police and good of said city may
rcjuire.

Art. 2. The city of Galveston shall maintain a police force,
which shall be uniformed at the expense of said city, to consist of
citizens, witlsout distinction of color, of the State of Texas, to be
selected by the Mayor of said city, and to hold office during good
behavior, and only removable by a Police Cammissioner, appointed
by the Governor of the State, for the term of two years, at a salary
not less than nine hundred dollars per annum, a majority of w'hom.
shall remove for delinquencies members of the police, who when
removed shall not again be eligible to any position on the police for
the term of one year. Provided, That all offices connected with
the police shall be vacant thirty days after the election of Mayor on
the adoption of this constitution.

Art. 3. Liiterfering or meddling in any manner with elections,,
except the rio;ht of beino; a candidate or votinir, will be- sufficient
cause for instant dismissal from the police by the Board.

Art. 4. The various officers shall receive a salary not less than
the following rates, viz :

The Chief of Police , . $200 per month.

Sergeants 125 " "

Corporals 110 " "

Privates — day and night 100 '• "

All of the above mentioned officers shall give good and solvent
security, as the law may direct, for the faithful performance of their
duties.

Art. 5. In case of riot or insurrection the Governor sliall have-
power to order or assume command of the })olice of tlie snid city for
])olice or military duty, as the emergencies may reijuire, not exceed-
ing fifteen days at any one time.

On motion, the declaration was referred to the Committee on
State Affiiii'S.

Mr. Lindsay moved a suspension of rules to allow consideration
of report of Judiciary Committee upom the resolution offered by Mr,

EECONSTRUCTION CGNVEXTIOX JOITRNAL. 229

Lindsay, requiring that no bond be given bj the State in any suit
pending, &c., &c.

Mr. Degener moved the previous question upon the passage of the
resolution.

Previous question seconded.

The question recurred, "shall the main question be now put?"

The main question was ordered.

Resolution read a second time and agreed to.

Rules further suspended.

Resolution read third time and passed.

Mr. Degener moved a suspension of rules to take up the report
of the Committee on Division of the State, upon wdiich the yeas
and nays vrere demanded, and resulted thus :

Yeas — Messrs. Presi<lent, Adams, Armstrong, of Lamar, Bledsoe,
Bryant, of Harris, Burnett, Caldwell, Carter, Curtis, Degener,
Downing, Evans, of McLemian, Evans, of Titus, Fayle, Flanagan,
W. Blanagan, Hamilton, of Bastrop, Harne, Hunt, Johnson of
Harrison, Johnson, of Calhoun, Jordan, Kealy, Kendal, Kuechler,
Lippard, Long, Munroe, Newcomb, Oaks, Patten, Pedigo, Phillips
of Wharton, Ruby, Slaughter, Smith, of Marion, Varnell, Whit-
more — 36.

Nays — Messrs. Armstrong, of Jasper, Bell, Bellinger, Board,
Brown, Cole, Constant, Fleming, Foster, Gaston, Glenn, Gray,
Grigsby, Hamilton of Travis, Harris, Keigwin, Leib, Lindsay,
Mackey, ISIcCormick, McWasIiington, Mills, Morse, Muckleroy,
jMuliins, Phillips, of San Augustine, Posey, Rogers, Schuetze,
Scott, Smith, of Galvesten, Sorrell, Stockbridge, Sumner, Tallwt,
Thomas. Watrous, Williams, Wilson, of Brazoria, Wilson of Milam,
Wright— 40.

So the motion to suspend ;the rules was lost.

The President announced the business in order was a report and
declaration fi'om tlie Committee on Internal Improvements, upon the
resolution of Mr. Caldwell, respecting the 'Lntei'national Railroad
Company. '

Mr. Evans, of McLennan, offered the following substitute to the
original declaration :

Be it declared bij this Convention, Whei'eas, there is now pend-
ing before the Congress of the United States an act to aid in the
construction of the International Pacific Railroad from Cairo, Illinois,
to San Bias, on the Pacific Ocean, passing through the State of
Texas ; and. whereas, it is the opinion of this Convention that the
State of Texas should encourage said grand enterprise, it is therefore
declared

230 EECOXSTRUCTION CONVENTION JOURNAL.

Section 1. Said International Pacific Railroafl Company shall
have the right to build, equip, run and maintain a railroad, of single
or double track, through the State of Texas ; commencing on the
eastern boundary of the State of Texas, at the point -where the said
laternational Pacific Railroad strikes the line of Texas; thence
running southwesterly, through Tyler, Smith county, Waco, Mc-
Lennan county, Belton, Bell county, Austin, Travis county, New
Braunfels, Comal county, San Antonio,. Bexar county, to an eligible
p :>int on the Rio Grande river, south of Eagle Pass ; and said
c ) npany shall have the exclusive right to put up and operate a line
of telegraph along said entire route.

Sec. 2. And should said International Pacific Railroad Company
construct s.iid road upon the line indicated in section one of this
declaration, then they shall have the right to demand from the
Legislature of the State of Texas the same aid, by Avay of donations
iu land, that has heretofore been given to the most favored railroad
company in Texas.

Sec. 3. As soon as said International Pacific Railroad Company
shall survey and permanently fix the line of their road-bed in Texas,
and file a plat of the same Avith the Commissioner of the General
Land OIBce of Texas, then all the public land for a distance of forty
miles on each side of said road shall stand reserved, to satisfy the
donation of land to said company.

Sec. 4. All railroad companies, now holding charters in the State
of Texas, connecting points put in I'ailroad connection by the Inter-
national Pacific Railroad, shall have the right of consolidation with
said International Pacific Railroad, under such regulations as the
Legislature of Texas may prescribe and said companies agree upon.

Sec. 5. Ti.'at the following persons, to wit : Ed. Sharp, Henry
Jones, George W. Patten, E. S. G. Robinson, A. Tobler, Alfred
Smith, E. Nance, F. Schlickum, B. F. Torrdy, and W. B. Moore,
shall ])e and constitute a Texas Board of Directors for said road^
and they shall have the right to demand admission into the Board
of Directors of the International Pacific Railroad Company upon
equitable terms.

Mr. Ilarne moved to lay the sul)stitute on the table, upon which
the yeas and nays were called and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Armstrong of
Lamar, Bell, Bryant, of Grayson, Butfington, Burnett, Caldwell,
Carter, Cole, Constant, Curtis, Evans of McLennan, Evans of
Titus, Flanagan, W. Flanagan, Fleming, Gaston, Gray, Grigsby,
Hamilton, of Travis, Harris. IJarne, Johnson, of Harrison, Johnson,
of Calhoun. Kealy, Keigwin, Leib, Lindsay, Mackey, jMcWashing-

RECONSTRUCTION CONVENTION JOURNAL. 231

ton, Mills, Morse, Muckleroy, Mundine, Munroe, Pedigo, Posey,
Rogers, iSchuetze, Scott, Smith of Galveston, Sorrell, Stockbridge,
Thomas, Varncll, Watrous, Wilson oFBrazoria, Wilson of Milam,
Wright, Yarborough — 51 .

Nays — Messrs. President, Bledsoe, Board, Brown, Bryant of
Harris, Coleman, Degener, Downing, Fayle, Foster, Hamilton of
Bastrop, Hunt, Kendal, Kuechler, Lippard, Long, Newcomb, Oaks,
Patten, Phillips, of San Augustine, Phillips of Wharton, Ruby,
Slaughter, Talbot, Whitmore, Williams— 26

So the substitute Avas laid on the table

Mr. Evans, of McLennan, moved a reconsideration of the vote by
which the substitute was laid upon the table, upon wdiich the yeas
and nays weie demanded and resulted thus :

Yeas — Messrs. President, Adams, Bledsoe, Board, Brown, Bryant
of Harris, Degener, Dowing, Evans of McLennan, Fleming, Foster,
Hamilton of Bastrop, Hunt, Kealy, Keuchler, Leib, Lippard, Long,
Munroe, Newcomb, Oaks, Patten, Phillips of San Augustine, Phil-
lips of Wharton, Rogers, Ruby, Slaughter, Smith of Galveston,
Talbot, AVhitmore, Williams, Yarborough — 32.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Bellinger. Buffington, Burnett, Caldwell, Carter, Coleman,
Cole, Constant, Curtis, Evans of Titus, Fayle, Flanagan, W. Flan-
agan, Gaston, Glenn, Gray, Grigsby,- Hamilton of Travis, Harris,
Harne, Johnson of Harrison, Johnson of Calhoun, Jordan, Keig-
win, Kendal, Kirk, Lindsay, Mackey, INIcCormick, McWashington,
Mills, Morse, Muckleroy, Mullins, Mundine, Posey, Schuetze, Scott,
Stockbridge, Sumner, Thomas, Varnell, Watrous, Wilson of Bra-
zoria, Wilson, of Milam, Wright — 49.

So the Convention refused to reconsider the vote.

Mr. Lindsay offered the following substitute :

"Insert after the preamble to the declaration, as a substitute for
all its sections :"

Be it therefore declared, by this Convention, that in furtherance
of the objects contemplated in the bill, now pending before Congress,
this Convention will insert in the Constitution, which they are now
engaged in framing, some general provision, authorizing the Legisla-
ture to consolidate the Railroad companies, call the Brazos Branch
Railroad Company, and the Henderson, Marshall and Jeflerson
Railroad company, and all other railroad companies in the State
which may desire to be consolidated, and to afford such aid and as-
sistance in the construction of such railroads in tlie State, as the
people, through their representatives in Legislature may deem poli-
tic and wise.

232 RECONSTRUCTION CONVENTION JOURNAL.

Be if. further declared, That the Committee on General Provis-
ions are hereby instructed to report a general provision, giving such
power to the Legislature.

Mr. Flanagan moved the previous question upon the passage of
the declaration.

The President announced the reception of the following ':elegram
from the commanding General.

Telegram,

Dated, New Orleans, Louisiana, July 6th, 1868.

Received at Austin, Texas, July 7th, 1868.
To Brevet Major General J. J. Reynolds :

Appropriation of one hundred thousand dollars to defray expen-
ses of Texas Convention, was made in orders on the 2nd instant.

^ ^ . "T? ^ ^

By command of Brevet Major General Buchanan,

(Signed) B. B. KEELER,

Bv't Maj. U. S. A., Ass't Sec. Civil Affairs.

Official copy respectfully furnished the Hon. E. J. Davis, Presi-
dent Texas Constitutional Convention for his information.

J. J. REYNOLDS,
Bv't Maj. Gen. U. S. Army.

On motion the Convention adjourned until 9 o'clock to-morrow
morn ins.

CAPITOL, AUSTIN, TEXAS,

July 8, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain.

Journal of yesterday read and adopted.

INlr. Flanagan moved a suspension of rules to take up report of
Committee on Political Disabilities;

Rules suspended : report read.

Mr. Jordan asked that the following names be added as an amend-
ment: George W. Jacobs, R. W. Davis, Noah Simmons, C. M.
Jones.

j\ir. Buffington moved to re-commit the report to the Committee
on Political Disabilities.

RECONSTRUCTION CONVENTION JOURNAL. 233

It was re-committed.

Mr. Hamilton, of Bastrop, moved a suspension of rules to permit
the Chairman of the Committee on General Provisions to report-
Kules suspended and report read.

Committee Room,
Austin, Julj 7, 18(38.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on General Provisions, to whom has been
assigned the duty of preparing provisions under that head for the
Constitution, have had the same ur^der consideration for some weeks,
and have instructed me to report the accompanying "Bill of Rights,"
with preamble thereto, and sections from 1 to 14, inclusive.

It will be observed that section 3 embodies the substance of ten
of th(? sections in the Bill of Rights in the Constitution of 1845, it
being the opinion of your Committee that the inhibitions enumerated
in the said ten sections are fully covered by the nine articles men-
tioned as amendments to the Constitution of the United States, thus
dispensing with a long string of sections which are deemed useless.

Your Committee also submit the accompanying 48 sections under
the head of '• General Provisions.'' to which the attentive considera-
tion of the Convention is invited. The plan and provisions of the
Constitution of 1845, so far as applicable to the altered condition,
political and civil, of the people of Texas, and in so far as experience
has shown them to have been well chosen and efficient for the ends
had in view, have been adopted. A number of new provisions have
been deemed necessary and proper, which require no argument.

Your Committee beg leave to ask the careful attention of the
Convention to the change proposed in the mode of appointing Assess-
ors and Collectors of Taxes, and of enforcing the collection of the
same, so far as lands are concerned, the largest item of taxal^le prop-
erty in the State, much of which has hitherto escaped taxation alto-
gether. Your Committee believe that the experience of more than
twenty years is decisive as to the waste, inefficiency and expense of
the elective system as to collectors of revenue. Competent, honest
and prompt business men are required, nay, absolutely necessary, to
the faithful discharge of the duties of such a position. These
necessary qualifications cannot always, or even ordinarily, be ob-
tained l)y appointment. The reverse is the rule by election. Indif-
ferent officers increase largely the burden of taxation, and it be-
hooves the State to make provision to remedy the evils under which
the peovle have so long suffered.

234 RECONSTRUCTION CONVENTION JOURNAL.

So, also, jour Committee advise in regard to the annual sales of
lands bj Assesssors and Collectors. The system has not worked
"vvell. Titles thus obtained have become so ■worthless that no one
■will risk the sum of a single year's tax upon a given parcel of land
for a deed in fee simple to the ■whole tract. Your Committee be-
lieve that periodica] sales, under decrees of courts of competent
jurisdiction, after full notice, and a careful compliance ■with the pro-
visions of the la^w. and the lands offered to bidders in small lots or
parcels, and the purchaser put into possession at at once, ■with no
I'jght of redemption on the part of the owner, will in a great degree
remedy the evils heretofore experienced. At the same time, if the
Legislature shall frame the law in the spirit of the sections reported,
your Committee deem that the inducements to prompt payment will
be found adeqmxte to the wants of tlie Treasury, while the non-pay-
ment of the annual assessments will run at interest from the date,
and are a lien upon the land.

Your Committee have ])een so nearly unanimous in reporting
these provisions that great confidence is felt in urging their adoption _
by the Convention, at least in substance. «

Y'our Committee have also had under consideration, more recently, ~
the declaration of the gentleman from Nueces, on the void action of
the pretoided authoi'ities of Texas during the years intervening
'twixt the beginning of the rebellion and the resumption of authori-
ty by the United States, and have instructed me to report the section
numbered 48. The section embraces substantially cverthing con-
tained in the declaration referred, except the validation of pretended
laws passed since 28th January, 1861. Y^'our Committee have
great repugnance to accepting as valid auj law passed by those in
rebellion against the government, or to validate any such pretended
law, however inoiiensive in its character, especially when it is be-
lieved that every right honestly acquired during the deranged state
of public affairs may be protected under the laws which existed an-
tecedent to the disturbance. If piivate rights have grown up resting
upon any of the pretended laws enacted (luring the rebellion, it must
be some of the special enactments granting privileges or fi-anchises;
and your Committee deny the right of the pretended authoiitics of
Texas to act for the })eople of Texas at any time since the date of
secession, so far as the gi-anting franchises, the sale of the property
or assets of the State. Such acts require the full sanction of the
people, which has not been given in any form which your Committee
or the country feel inclined to lespect.

There are still other piovisions which may be hereafter reported,
when your Committee have fully considered upon them. It is

KECOXSTRUCTrON COX\'E>TTION JOURNAL. 235

deemed propei- to report such as h;ive been prepared, so that tliej
may be printed and in the hands of the members for examination.
All of Avhich is respectfully submitted.

M. C. HAMILTON,

Chairman.

BILL OF RIGHTS.

Article L

That tlie heresies of nullification and secession, which Ijrought the
countiy to grief, may be eliminated from future political discussion ;
that })ublic'order may be restored, private pi'opertj and hunian life
protected, and the great principles of liberty and equality secured to
us and to ouv posterity, we declare that:

Section 1- The Constitution of the United States, and the laws
and treaties made and to be made in pursuance thereof, are acknowl-
edged to be the supreme law ; that this Constitution is framed in
harmony with and subordination thereto ; and that the fundamental
principles embodied therein can only be changed subject to the na-
tional authority.

Sec. 2. All freemen, when they form a social compact, have
equal rights : and no man, or set of men, is entitled to exclusive
se])arate public emoluments or privileges.

Sec. 8. The inhibitions of power enunciated in articles from one
to eight inclusive, and thirteen, of the amendments to the Constitu-
tion of the United States, deny to the States, as well as to the Gen-
eral Crovernment, the exercise of the powers therein I'eserved to the
people, and shall never be exercised by the government of this
State.

Sec. 4. All persons shall enjoy equal rights and privileges upon
any coiivej^ance of a public character ; and all places of business,
or of puljlic resort, or for which a license is ret^uired, by either
State, county, or municipal authority, shall be deemed places of a
public character, and shall be open to the accommodation and patron-
age of all.

Sec. 5. Importations of inferior races of men, under the name of
'• Coolies," or any other name or designation, or the adoption of any
system of "Peonage," whereby the helpless and unfortunate maybe
reduced to practical bondage, shall never be authorized or tolerated
by the laws of this State.

Sec. 6. All prisoners shall be bailable by sufficient sure.ties, unless
for capital ofFv^nices.

Sec. 7. The privileges of the writ of habeas corpus shall not be

236 RECONSTRUCTION CONVENTION JOURNAL.

suspended, except when in case of rebellion or invasion the public
safety may require i±.

Sec. 8. No bill of attainder, ex post facto law, retro-active law,
or any law impairing the obligation of contracts, shall be made ; or
any law depriving a party of any remedies fer enforcing a contract
which existed when the contract was made.

Sec. 9. No person shall be imprisoned for debt, except in cases
of fraud or defalcation of an office, after verdict and judgment of a
court of competent jurisdiction.

Sec. 10. No citizen of this State shall be deprived of life, liberty,
property, or privileges, outlawed or exiled, except by due course of
the law of the land.

Sec. 11. Perpetuities and monopolies are contrary to the genius
of a free government, and shall never be allowed ; nor shall the law
of primogeniture or entailments ever be in force in this State.

Sec. 12. No power of suspending laws in this State shall be ex-
ercised, except by the Legislature or its authority.

Sec. 13. The right of citizens to meet for recreation, social inter-
course, or amusement, in gardens, parks, upon the common, in club
rooms, or anywhere else they may choose, on any day in the week^
shall lv^i be prohibited by law, provided such meetings do not disturb
the public peace, nor interfere with the rights of others.

Sec. 14. To guard against transgression of the high powers here-
in delegated, we declare that everything in this "Bill of Rights "
is excepted out of the general powers of government, and shall for-
ever remain inviolate, and all laws contrary thereto, or to the follow-
ing provisions, shall be void.

GENERAL PROVISIONS.

Section 1. Every person shall be disqualified from holding any
office of trust or profit in this State who shall have been convicted
of having given or olfered a bribe to procure his election or appoint-
ment.

Sec. 2. Laws shall be made to exclude from office, serving on
juries, and from the right of suffrage, those who shall hereafter be
convicted of bribery, perjury, forgery, or other high crimes. The
privilege of free suffrage shall be supported by laws regulating elec-
tions, and prohibiting, under adequate penalties, all undue influence
thereon from power, bri'oery, tumult, or other improper pr.ictice.

Sec. 3. Any citizen of this Statt; who shall, after the adoption ol
this Constitution, fight a duel with deadly weapons, or commit an as-
sault upon any person- with deadly weapons, or send or accept a
challenge to fight a duel with deadly weapons, either within the

RECONSTRUCTION CONVENTION JOURNAL. 23T

State or out of it. or who shall act as second, or knowingly aid ana as-
sist in any manner those thus oflfendini;, sliall be deprivLjcl of" the right
of suffrage, or of holding any office of trust or profit under tiiis
State.

Sec. 4. In all elections by the people, the vote shall be by ballot;
and in all elections by the Senate and House of Representatives,
jointly or se[)arately, the vote shall be given inva voce, except in
the election of their officers.

Sec. 5. The Legislature shall provide by law for the compensa-
tion of all officers, servants, agents and public contractors, not pro-
vided for by this Constitution, and shall not grant extra compensa-
tion to any cfficcr, agent, servant or public contractor, after such
public service shall have been perlbrnied, or contract entered into
for the performance of the same ; nor grant, by appropriation or
otherwise, any amount of money out of the Treasury of the State,
to any individual, on a claim, real or pretended, where the same
shall not have been provided for by pre-existing law.

Sec. 6. No money shall be drawn from the Treasury, but in
pursuance of specific appropriation made by law ; nor shall any ap-
propriation of money be made for a longer term than two years, ex-
cept for purposes of education ; and no appropriation for private or
individual purposes, or for purposes of internal improvement, shall
be made, without the concurrence of two-thiids ol both Houses of
the Legislature. A regular statement and account of the receipts
and expenditure ol all public money shall be published aniuially. in
such manner as shall be prescribed by law ; and in no cjise shall the
Legislature have the power to issue "Treasury Warrants," "Treas-
ury Notes," or paper of any description intended to circulate as
money.

Sec. 7. Absence on the business of this State, cr the L^^nited
States, shall not forfeit a residence once obtained, so as to deprive
any one of the right of suffrage, or of being elected or appointed to
any office, under the exce})tions contained in this Constitution.

Sec. 8. The Legislature shall have power to provide for deduc-
tions from the salaries of public officers who may neglect the perform-
ance of any duty that may be assigned them by law.

Sec. 9. No member of Congress, or person holding or exercising
any offi-ce of profit or trust under the United States, or either of
them, or under any foreign power, shall l)e eligible as a member of
the Legislature, or hold or exercise any office of profit or trust under
this State.

Sec. 10. The Legislature shall provide for a change of venue in
civil and criminal cases.

Sec. 11. It shall be the duty of the Legislature to pass such

238 recoxstructiojN' conventiox journal.

laws as maj be necessary and proper, to decide differences hj arbi-
tration, wlien the parties shall elect that method of trial.

Sec. 12. General laws, regulating the adoption of children,
etnancipation of minors, and the granting of divorces, shall be made;
but no special law shall be enacted relating to particular or individu-
al cases.

Sec. 13. The rights of married women to their separate property,
real and personal, shall be protected by registration, if personal
effects, in the county where the party resides, and if landed property
in the county where situated; and no exemption from liability to
the creditors of the husband shall be pleaded, unless the record
plainly show the property to have been claimed as the separate prop-
erty of the wife prior to the creation of the debt sought to be en-
forced.

Sec. 14. The homestead of a fiimily, not to exceed two thousand
dollars in value, whether situated in or out of a town or city, may be
protected by law from forced sale, for any debts hereafter contracted,
except for the purchase money due thereon ; and the assent of the
wife, 'f the owner be a married man, shall be necessary to the trans-
fer and alienation of the same.

Sec. 15. The Legislature shall provide in what cases offi3ers shall
continue to perform the duties of their offices until their successors
shall be duly qualified.

Sec. 16. Every law enacted by the Legislature shall embrace
but one object, and that shall be expressed in the title.

Sec. 17. No lav/ shall be revised or amended by reference to its
title ; but in such cases tlie act revised, or section amended, shall be
re-enacted, and published at length.

Sec. 18. Taxation shall be equal and uniform throughout the
State. All property in the State shall be taxed in proportion to its
value, to be ascertained as directed by law, except such propei'ty as
two-thirds of both Houses of the Legislature may think proper to
exempt from taxation. The Legislature shall have power to levy an
income tax, and to tax all persons pursuing any occupation, trade or
profession : Provided, that the term occup;ition shall not be con-
strued to apply to pursuits either agricultural or mechanical.

Sec. 19. The annual assessments made upon landed property
shall be a lien upon the property, and interest shall run thereon
upon each year's assessment.

Sec. 20. Landed property shall not be sold for the taxes due
thereon, except under a decree of some court of competent jurisdic-
tion.

Sec. 21. Provision shall be made for the condemnation and sale,

; RECONSTRUCTION CONVENTION JOURNAL. 239

in the year 1875, and every ten years thereafter, of all LukIs, the
taxes upon which have not been [)ai(l to that date.

Sec. 22. The Legislature shall prohibit by la\Y individuals from
issuing bills, checks, promissory notes, or otlier paper, to circulate
as money.

Sec. 23. The aggregate amount of debts hereafter contracted by
the Lcffislature shall never exceed the sum of one hundred thousand
dollars, except m case ot war, to repel mvasion or suppi-ess nisurrec-
tions ; and in no case shall any amount be borrowed, except by a vote
of two-thirds of both i louses of the Legislature.

Sec. 24. The Legislature shall, at the first session thereof, and
may at any subsequent session, establish new counties for the conven-
ieuce of the inhabitants of such new county or counties.

Shc. 25. The salaries of the Governor, and Judges of the Su-
preme and District Courts, are hereby fixed at the miuimum estab-
lished in the Constitution, and sliall not ])e increased for ten years.

Sec. 2G. No scrip, certificate, or other evidence of State indebted-
ness, shall be issued, except in redemption of such debts as are ex-
pressly authorized in this Constitution.

Sec. 27. The State shall not subscribe to, or become interested in
the stock of any company, association, or corporation, nor lend its
credit in aid thereof

Sec. 28. All sales of landed property, made under decrees of
courts in this State, shall be oiTered to bidders in lots of not ies5
than ten nor more than forty acres, except in towns and cities, in-
cluding sales for taxes.

Sec. 29. Provision shall be made by general laws for the union
of persons and the association of capital in every branch of trade
and enterprise, as well as for the incorporation of towns and cities,
but no special or private corporate privileges shall be gianted.

Sec. 30. Annual pensions shall be provided for the surviving vet-
erans of the revolution which separated Texas from ^Mexico, and for
those permanently disabled in the service of the United States dur-
ing the late rebellion : Provided they entered the service from this
State.

Sec. 31. It shall be made obligatory upon each county in this
State to support all paupers residing within its limits : Provided
that no person able to work shall be deemed a pauper.

Sec. 32. All civil officers in this State shall be removable by an
address of two-thirds of tlie members elect to each House of the
Legislature, except those whose removal is otherwise provided for l^y
this ConstitutioTi.

Sec. 33. The accounting officers of this State shall neither draw
nor pay a warrant upon the Treasury, in favor of any person, for

240 RECONSTRUCTION CONVENTION JOURNAL.

salai'j or compensation as agent, officer or appointee, who holds at
the same time any other office or position of honor, trust or profit,
under the State or the United States, except as permitted in this Con-
stitution.

Sec. 34. All persons who are now living together, and cohabit-
ing as man and wife, shall be taken and held as lawfully married,
to all intents and purposes ; and their issue, and the issue of those
who have heretofore cohabited and lived together as husband and
wife, shall be taken and held legitimate ; and the Legislature shall
provide by law for the punishment of adultery and concubinage.

Sec. 35. Assessors and Collectors of Taxes for the several coun-
ties shall be appointed upon the recommendation of the Comptroller
of Public Accounts, made through the Governor to the Senate for
confirmation, and shall be removable by the Comptroller, for incom-
petency, neglect of duty, or malfeasance in office, and successors
appointed by him, subject 1o the action of the Senate.

Sec. 36. No epithet or mark of distinction or reproach, shall ap-
pear in any law enacted in this State, or upon the process or docket
of any court, characterizing any citizen as of a separate or inferior
class,, nor any allusion to the color of any citizen, except in laws
providing for the computation of statistics of population, births,
deaths and marriages.

Sec. 37. Provision shall be made, under adequate penalties, for
the complete registration of all births, deaths and marriages, in every
organized county of this State.

Sec. 38. No deed of partition, gift, sale, bond for title, or distri-
bution among heirs, or will, shall be admitted to record or probate,
which embraces or is designed to dispose of any land, unless the
party or parties shall first exhibit receipts for all taxes due upon the
property embraced in the instrument to date.

Sec. 39. Every person, corporation or company, that may commit
a homicide through wilful act or omission, shall be responsible in
exemplary damages to the widow, heirs, legal representatives or
creditors, or such of them as there may be, separately and con-
secutively, without regard to any criminal proceeding that may or
may not be had in relation to the homicide.

Sec. 40. Limitations may be fixed by law to the recovery of
obligations for the payment of money or property : provided, the
pai'ty pleading limitation shall first make affidavit that the demand
has already been paid.

Sec. 41. No limitation to the recovery of pai'ol obligations for
money or pei-sonal property shall be interposed by statute under
four years, or of written contracts under seven years from maturity.

Sec. 42. The right of parties to the recovery of land in the

RECONSTRUCTION CONVENTION JOURNAL. 241

possession of adverse claimants, sliall not be barred under fourteen
years, and wlien the occupant is without title, legal or equitable, no
limit to the recovery of the rightful owner shall be interposed.

Sec. 43. Ministers of the Gospel, being by their profession
dedicated to God and the care of souls, ought not to be diverted from
the great duties of their functions. Therefore, no minister of the
Gospel, or priest of any denomination whatever, shall be eligible to
the Legislature.

Sec. 44. Recognizing the principles embodied in the preamble to
this Constitution as declaring the true relation which States in the
Union bear to the Government of the United States :

Be it declared, That the ordinance of secession, adopted by the
so-called Convention of the people of Texas, assembled in the city
of Austin on the 28th day of January, 1861, is and was from the
beginning null and void ; that all the action of the rebel organiza-
tion, under the authority of the said Convention, or the so-called
Confederate States of America, of which it was a constituent part,
its ordinances, constitution, pretended laws and official acts, whether
executive, legislative, judicial or military, were and are declared to
be null and void ; that no debt or liability contracted or incurred
under said authority, after said 28th day of January, 1861, shall
ever be recognized as obligatory on the people of this State, nor
shall any of the so-called laws or decisions of pretended courts ever
have place among the statutes of this State, be classed as "Texas
Reports," or read as authority in any of the courts thereof.

Be it farther declared, That the Convention which assembled in
the city of Austin on the day of February, 1866, and the so-
called 11th Legislature, which convened in obedience to the require-
ments of the amended Confederate States Constitution, on the

day of August, 1866, were without the sanction of legal authority,
and their action having been adopted by the United States, through
the Military Commander of the Fifth Military District, may be left
to the care of the United States Government. The pretended
general laws, passed by the said Legislature, will be respected so
long only as the Commanding General shall enforce them as rules of
action under his government. The special laws, so-called, enacted
by the said body, for the most part designed as rewards for treason,
are hereby declared null and void. Nevertheless, along with the
vast mass of void action, and the numberless wrongs and outrages
perpetrated upon the loyal citizens of the United States, resident
and non-resident in Texas, under the sanction of the pretended laws
and authorities of the same, during these years of anarchy and
misrule, at the same time many acts inoffensive in themselves and
16

242 RECONSTRUCTION CONVENTION JOURNAL.

beneficial to citizens, purporting to be official, v/ere attempted to be
performed.

Be it therefore further declared, That the acts of the so-called
officers in solemnizinjz; marriao:es, in takins; acknowledo-'nents, and
recordinfT deeds and other instruments of writino;, the decisions of
so-called courts, where parties were present in the State and due
notice given, and all contracts between private parties, subject to the
laws of the United States, since the said 28tli daj of January, 1861,
be and the same are herebj declared and established as valid and of
binding force, to the same extent that such acts, decisions, contracts
and proceedings would have been, had the same been performed bj
the duly constituted authorities of the State : provided, that neither
the State of Texas, the United States, nor any loyal citizen thereof,
shall in any manner and to any extent be prejudiced thereby ; and
further provided, that any loyal person, or his heirs, or legal repre-
sentatives, may by proper legal proceedings, to be commenced within
two years after the acceptance of this Constitution by the Congress
of the United States, show proof in avoidance of any contract made,
or revise or annul any decree or judgment rendered, since the said
28th day of January, 1861, when through fraud practiced, or
threats, or Violence used toward such person, no adequate considera-
tion for the contract has been received, or v/hen through absence
from the State of such person, or through political prejudice against
such person, the decision complained of was not fair or impartial.

Be it further declared, That the statutes of limitation in force
in Texas on the said 28th day of January, 1861, both criminal and
civil, were from that date suspended by tiie rebellion, the citizens of
the United States being thereby deprived of the remedies provided
by law for their protection against such statutes ; nor shall any such
have force a: id effect in Texas until one year after the adoption of
this Constitution by the Congress of the United States, or until
peace shall have been declared by the said Congress.

The first Legislature convened under this Constitution is hereby
required to take final action upon the joint resolution of the United
States Congress, known as the Fourteenth Amendment of the Con-
stitution of the United States, and until such action has been taken
by the Legislature, no money shall be drawn from the treasury in
payment of the per diem and mileage of the members.

Sec. 45. The Legislature shall give cft'ect to the foregoing general
provisions, and all other provisions of this Constitution which require
legislative action, according to their spirit and intent, by appropriate
.acts, bills, or joint resolutions.

Mr. Hamilton, of Bastrop, moved that the report be printed and

RECONSTRUCTION CONVENTION JOURNAL. 248

made the special order for Wednesday, July 29, 18G8, upon wliicli
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong, or Lamar, Bellinger, Bled-
soe, Brown, Bryant, of Urayson, Bryant, of Harris, Burnett, Cald-
well, Carter, Coleman, Constant, Curtis, Degener, Downing,
Fleming, Foster, Gray, Grigsby, Hamilton, of Travis, Harne, Hunt,
Johnson, of Harrison, Johiisou, oi' Callioun, Jordan, Kealy, Kendal,
Kuechler, Lindsay, Lippard, Long, McCormick, Me Washington,
Morse, ]\iunroe, Newcomb, Oaks, Batten, Phillips, of San Augus-
tine, Posey, Rogers, Ruby, Schueize, Slaughter, Smith, of Galves-
ton, Smith, of Marion, Stockbridge, Sumner, Talbot, Thomas,
Watrous, Williams— 52.

Nays — Mes.srs. Adams, Armstrong, of Jasper, Bell, Board,
Bufiington, Evans, of McLennan, Evans, ot Titus. Fayle, Flanagan,
W. Flanagan, Gaston, Harris, Keigwin, Kirk, Leib, Mackey, Mills,
Muckleroy, Mundine, Pliillips, of VVharton, Scott, Varnell, Whit-
rnore, Wilson, of Brazoria, Wilson, of Milam, Wright, Yar-
borough — 27.

So the motion prevailed.

Mr. Gray presented a petition from citizens of Titus and Davis
counties, asking the formalion of a new county out of portions of
said counties.

Referred to Committee on Counties and County Boundaries.

Mr. Smith, of Galveston, from the special committee appointed to
visit the Blind Asylum, made the following report :

Austin, Texas. July 8, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir : The special committee appointed to visit the Blind Asylum
and witness the exhibition, respectfully report that they have per-
formed that duty ; that the examination was in the highest degree
creditable to both teachers and pupils ; that the organization and
management of the institution, under the superintendence and direc-
tion of Dr. Baker, shows that with the limited means at his com-
mand, nothiniii; has been neglected to elevate all those under his care
in religious, moral and intellectual culture ; that their personal com-
fort and welfare receives from all the most careful attention; and
that cleanliness and good order are everywhere apparent.

Your committee, however, regard the appropriations for that
institution altogether insufficient to provide for the necessary wants
of the pupils. Suitable apparatus and books are greatly needed.
The sahuy of the Superintendent ought to be increased, at least,
upon the same footing with the salary of the Superintendent of the

244 RECOl^STRUCTION CONVENTION JOURNAL.

Deaf Mute Institution. The duties are equally responsible and
onerous ; and the deaf mutes have fortj acres of land to cultivate,
and thus save much expense in living bj the application of the labor
and the vision of the inmates ; whilst the Superintendent of the Blind
has neither Lmd or labor to assist in supporting the charge under his
care. Therefore the appropriations ought to be governed bj these
considerations. Your committee would respectfully offer the fol-
lowing statement, and ask that the accompanying resolution do
pass :'

STATEMENT IN REGARD TO THE INSTITUTION FOR THE BLIND.

Attendance for the last session — Highest number, nineteen ; lowest,
fifteen ; average, seventeen.

Appropriation for 867 and 1838, ten thousand dollars, or five
thousand dollars per year.

Appropriation for pay of Superintendent for 1867 and 1868, two
thousand dollars, or one thousand dollars per year.

The buildings are scanty and out of repair.

There are dormitories in the main house, by putting four beds in.
a room, that will accommodate sixteen female pupils.

There are dormitories in the wings and over the school room which
may accommodate fourteen male pupils.

According to this estimate, every bed must contain two inmates,
and not a spare bed for the sick or ibr a visitor.

For the musical department a piano is needed.

All the windows need blinds.

Five hundred dollars' worth of books in raised print are needed,
in addition to what has been ordered.

One of the cisterns must be repaired, if it can, or rebuilt, as it has
become almost entirely useless to hold water.

There is no land attached to the institution except what is included
in the court yard containing the buildings.

The distance fi'om tbwn is so great that in summer and all times
in bad weather, the pupils cannot walk to church. There should be
an am.bulance and team provided for this and other purposes.

Therefore, re.^olred, That the Provisional Government of the
State of Texas be requested to approi)riate a sufficient amount of
money to purchase the necessary books, apparatus, and instruments
necessary for the wants of the blind pupils, for the repairs and
improvements suggested in the foregoing statement ; and that the
salary of the Superintendent be not less than the sum of fifteen hun-
di'ed dollars per annum.

ROB. K. SMITH,
Chairman Special Committee.

RECONSTRUCTION CONVENTION JOURNAL. 245

Mr. Patten offered the following resolution :

Whereas, The copies of the Daily Austin Republican contractofl
for Iiave not, in a single i]istance, been delivered in accordance with
the terms of the contract, nor have they contained the debates as
promised; and

Whereas, Such scraps of debates as have appeared in the said
Austin Republican are disconnected, unfair, and well calculated to
mii-lead the public ; and

^Vhereas, Other expenditures unauthorized by this body have
been illy considered with reference to the ability of tlie treasury to
meet the drafts made upon it ; therefore, be it

Resolved., That the reporter appointed be discharged from further
service in this Convention ; that all the newspapers ordered ])e dis-
continued from this d;itc ; that the Committee on Finance consider
and repoi't without delay the propriety of so reducing the number of
enijjloyes of various grades so that those retained may have room to
tread their way through the hall.

Mr. Hamilton, of Travis, moved the rejection of the declaration,
upon which the yeas and nays were called and resulted thus :

Yens — Messrs. Adams, Armstrong of Lamar, Bryant of Gray-
son, Bryant of Harris, Buffington, Burnett, Carter, Coleman,
Curtis, Fayle, Fleming, Grigsby, Hamilton of Travis, Harris,
Harne, Johnson of Harrison, Kealy, Kendal, Lindsay, Mackey,
McCormick, McWashington, Mills, Mundine, Munroe, Pedigo,
Phillips of San Augustine, Phillips of Wharton, Posey, Rogers,
Scliuetze, Scott, Smith of Marion, Stockbridge, Sumner, Thomas,
Watrous, Wilson of Brazoria, AVright — 89.

Nays — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Bledsoe, Board, Brown, Cole, Constant, Degener, Downing, Evans
of McLennan, Evans of Titus, Flanagan, W. Flanagan, Foster,
Gaston, Glenn, Hunt, Johnson of Calhoun, Jordan, Keigwin,
Kuechler, Kirk. Lippard, Long, Morse, jSIuckler-oy, Mullins, Noav-
comb, Oaks, Patten, Ruby, Slaughter, Smith of Galveston, Talbot,
Varnell, ^Vhitraore, Williams, Wilson of Milam — iO.

So the motion to reject the resolution was lost, and, upon motion,
the resolution was referred to the Committee on Finance.

Mr. Mundine offered the following declaration :

Be if dedared by tJie peo])le of 7 cxas in ConveiHio^i assem-
bled. That the following shall be a section of the Constitution of the
State of Texas, known as

Section — . of Article — . Every person, without distinction of
sex, who shall have arrived at the age of twenty-one years, and who

246 RECONSTRUCTION CONVENTION JOURNAL.

sliall be a citizen of the United States ; or is, at the time of the adap-
tion of this constitution bj the Congress of the United States, a
citizen of the State of Texas, and shall have resided in this State
one year next preceding an election, and the last six months within
the district, county, city or town in which he or she offers to vote
(Indians not taxed excepted), shall be deemed a qualified elector.
And should such qualified elector happen to be in another county,
situated in the district in Avhich he or she resides at the time of an
election, he or she shall bo permitted to vote for any district officer ;
provided, that the qualified electors shall be permitted to vote any-
where in the State for State ofiicers ; and provided, further, that no.
soldier, seaman or marine, in the army or navy of the United States,
shall be entitled to vote at any election created by this constitution.

Mr. Johnson, of Calhoun, moved that the declaration be rejected.

Mr. Slaughter moved a call of the House.

Call of the House sustained.

Mr. Smith, of Galveston, moved a suspension of call.

Call suspended.

The question being upon the rejection of the declaration, offered
by Mr. Mundine, the yeas and nays were called and resulted thus :

Yeas — Messrs. Bellinger, Bledsoe. Board, Bryant of Grayson,
Bufhngton, Coleman, W. Flannigan, Gaston, Grigsby, Hamilton of
TraviSjLeib, Long, McWashington, Muckleroy, Phillips of Vv^harton,,
Posey, Sumner, Talbot, Thomas, Williams, Wilson of Milam,
Wright- -22.

Nays — Messrs. President, Adams. Armstrong of Jasper, Arm-
strong of Lamar, Bell, Brown, Bryant of PLirris, Burnett. Carter,
Cole, Constant, Curtis, Degener. Downing, Evans of McLennan,
Eviins of Titus, Fayle, Flanagan, Fleming, Foster, Glenn, Gray,
Harris, Harne, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Keigwin, Kendal, Kuechler, Kirk, Lindsay, Lip-
pard, Mackoy, McCormick, Mills, Morse, Mullins, Mundine, Mun-
roe, iS'ewcomb, Oaks, Patten, Pedigo, Phillips of San Augustine,
Rogers, Ruby, Schuetzo, Scott, Slaughter, Smith of Galveston,
Smith of Marion, Stockbridge, Varnell, Watrous, Whitmore, Wil-
son of Brazoria — 59.

So the motion to reject was lost, and upon motion the declaration
was committed to the Committee on State Affairs.

Mr. Varnell offered the following resolution :

Resolved, That the Legislature may be authorized and empowered
to pass laws prohibiting the sale of spirituous aiid intoxicating
liquors within certain limits of colleges and seminaries of learning;
provided, said colleges and seminaiies arc not located at county sites
or State capitals.

RECONSTRUCTION CONVENTION JOURNAL. 217

It was referred to Committee on General Provisions.
Johnson, of Harrison, offered the following declaration :

Be it declared by this Convention^ Tliat no person shall be eli-
gible to the office of Judge of the Supreme, District, or Criminal
Couvts of this St;\te, who, besides possessing the necessary moral
qualifications, shall not also have been admitted as an attorney and
counselor at law in the Supreme Court of this State.

It was referred to the Committee on Judiciary.
Mr. Kucchler offered the followinij; resolution.

Be it Resolved by the people of the State of Texas in Con-
vention assembled, That it is the true and wisest policy of the
State of Texas, to relinquish all right which the State may have to
mineral substances above and beneath the surface of the earth, to
every person who is working any mine according to laws already
passed, or which the Legislature may hereafter pass.

Resolved, 2. That the Committee on Public Lands be instructed
to report a declaration in conformity with the principles set forth in
this resolution, «

Laid over one day under the rules.

Mr. Slaughter offered the ibllowing declaration, and asked its re-
ference to the Committee on General Provisions:

Whereas, The acts of the Legislature for the session A. D. 1866,
is filled with acts of incorporation, making special and magnificent
grants and privileges to men generally engaged in rebellion, and

WiiEiiEAS, These numerous grants and special incorporation pri-
vileges were intended as divitinguishing rewards and premiums for
treason to the Government of the United States : therelore

Be if declared by the people of Texas in Convention assem-
bled, That all acts of incorporation made and granted by the said
Legislature of the State of Texas, for the year A. D. 1866, be and
the same are hereby declared null and void, except the following
acts of incorporation : Institutions of Learning, Orphan's Home,
Towns and Cities, Bridges, Companies. Wharf and Press Companies,
Established Ferries. Mills, Fire Companies, Chambers of Commerce,
Ice Companies, Odd Fellows and ISIasons.

Referred to the Committee on General Provisions.
Mr. Munroe offered the followinc; resolution.

248 RECONSTRUCTION CONVENTION JOURNAL.

Resolved^ That the Committee on the Judiciary are hereby in-
structed to inquire into the expediency of the adoption of a declara-
tion or resolution, declaring null and void, and of no effect, all notes,
judgments, and promises to pay whatever, given, obtained, or made
for the purciiase of slaves, since the date of emancipation pro-
clamation.

Mr. Long offered the followino; resolution:

Whereas, The custom of carrying concealed weapons is openly
indulged by spectators and others Avho visit this Convention, in the
lobbies'and elsewhere ; therefore be it

Resolved, That the Convention do order that no person shall
hereafter be allowed in this hall, who carries belted on his person,
revolvers or other offensive weapons.

Mr. Carter moved the suspension of the rules for the considera-
tion of the resolution.

Rules suspended.

Mr. Lindsay offered the following amendment to the resolution:

Resolved, 'farther. That the Sergeant-at-Arms is hereby ordered
to see to it, that this order is strictly observed.

The question being upon the adoption of the amendment, it was
adopted.

Mr. Buffington moved to amend by inserting "deadly," instead
of " offensive."

Amendment adopted.

The question recurring upon the adoption of the resolution as
amended, it was agreed to.

Mr. Thomas moved a suspension of rules to take up resolution
respecting the discontinuance of all papers taken by the -Conven-
tion, except 500 copies of the Austin Republican.

Rules suspended.

Mr. Hant moved its reference to the Committee on Finance.

Mr. Lindsay moved to lay the resolution offered by IMr. Thomas
on the ta^de, upon which the yeas and nays were demanded and re-
sulted tlius :

• Yeas — Messrs. Bell, Bellinger, Brown, Buffington, Carter, Cole-
man, Fayle, Fleming, Grigsl^y, Hamilton of Travis. Harris, Harne,
Johnson of Harrison, Kcaly, Kendal, Leib, Lindsay. Mackey,
McCormick, McWashington, Mills, Morse, Mundine, Pedigo, Phil-
lips of San Augustine. Phillips of Wharton, Posey, Rogers, Schuetze,

RECONSTRUCTION CONVENTION JOURNAL. 249

Scott, Smith of Marion, Stockbridge, Watrou^, Wilson of Brazoria,
Wright — 35.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Board, Bryant of Grayson, Bryant of Harris,
Burnett, Cole, Constant, Curtis, Degeiier, Downing, Evans of
McLennan, Evans of Titus, Flanagan, W. Flanagan, Foster, Gaston,
Glenn, Hunt, Jolinson of Calhoun, Jordan, Kcigwin, Kuechlcr,
Kirk, Lippard, Long, Muckleroy, Mullins, Muiiroe, ISIewcomb,
Oaks, Patten, Rul)y, Slaughter, Smith of Galveston, Sumner,
Talbot, Thomas, Varnell, Whitmore, Williams, Wilson of Milam,
y arbor ough — 4 6 .

So the Convention refused to lay the resolution upon the table.

Tlie question recurred upon referring the resolution to the Com-
mittee on Finance.

Lost.

Mr. Hamilton, of Travis, moved its reference to the Committee on
Contingent Expenses.

The Convention refused to refer the resolution to that com-
mittee.

Mr. Evans, of McLennan, moved the previous question, upon the
adoption of the resoluticwi.

Previous question seconded.

The question recurring, " Shall the main question be now put?"
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstiong of Jasper, Bollinger, Bled-
soe, Board, Bryant of Grayson, Bryar.t of Harris, Burnett, Carter,
Cole, Coleman, Constant, Curtis, Degener, Downing, Evans of
jMcLennan, Evans of Titus, Flanagan, W. Flanagan, Foster, Gaston,
Glenn, Hunt, Johnson of Harrison, Keigwin, Kendal, Kucehler,
Kirk, Leib, Lippard, Long, Morse, IMuckleroy, Mullins, Munroe,
Newcomb, Oaks, Patten, Posey, Smitli of Galveston, Talbot,
Thomas, Varnell, Whitmore, Williams, Wilson of Milam, Wright,
Yarborough— 48.

Nays — Messrs. President, Armstrong of Lamar, Bell, Brown,
Buffington, Fayle, Fleming, Grigsby, Hamilton of Travis. Harris,
Harne, Kealy, Lindsay. Mackey. McCormick, ^Ic Washington. Mills,
INIundine, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Rogers, Ruby, Schuetze, Scott, Smith of Marion, Stockbridge,
Watrous, Wilson of Brazoria — 29.

So the main question was ordered.

The question recurring upon the second reading of the resolution,
Mr. Mills moved a call of the House.

Call seconded.

250 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Smith moved a suspension of the call of the House, upon
which the yeas and nays wore demanded.

Pending the vote, the Convention adjourned under the rules, until
nine o'clock to-morrow morning;.

CAPITOL, AUSTIN. TEXAS,
July 9, 1868.

Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the Chaplain. Journal of yesterday read and
adopted.

Mr. Varnell offered the following protest :

Hon. E. J. DAVIS,

President of the Convention :
The subscribers to tliis protest respectfully state that some of
them are members of the Committee on General Provisions, and
that the honorable Chairman of said committee made a report to the
Convention to-day. July 8th, and moved that it be made the special
order for the 29th day of July, 1868 ; we cannot see the propriety
for this delay. Tiie labor of the committee had been well matured,
and if this most important part of a constitution cannot be considered
for the next twenty days, it does seem to your protestants that we
had better adjourn sine die.

This thing of remaining in session here, at an enormous expense,
and the work on General Provisions suspended for twenty days,
seems to us that sometLing else must be contemplated outside of
regular constitution making ; arid for the purpose of showing our
opposition to the postponement of the action contemplated, we
respectfullv ask that this protest may be spread on the records.

W. M. VAPNELL,
WM. J. PHILLIPS,
J. W. FLANAGAN.

Mr. Morse offered the following declaration :

Whereas, An immense amount of quackery exists in this State
in the practice of medicine and surgery, much to the detriment of
the good people thereof ; therefore

Be it declared by this Conrcutio)!, That the following shall be
a section of the new Constitution, viz : No person shall practice

■ RECONSTRUCTION CONVENTION JOURNAL. 251

medicine or surgcrj in this State who has not a diploma from some
chartered medical college.

■ On motion, the declaration was referred to the Committee on
General Provisions.

Mr. BroAvn olfered thefjllcwing resolntion, and asked its reference
to the Connnittee on (Jeneral Provisions :

Resolved^ That the following shall be a section of the Constitu-
tion :

Section. — It shall be the duty of the Legislature at its first
session, to provide for the levying of a special road tax, and prescribe
rules and regulations for the expenditure thereof, for keeping the
public roads in the county in good repair, and the building of
bridges.

Mr. Harno offered the following declaration, and as-ked its reference
to the Committee on Gen(.'ral Provisions :

Resolved, That the following shall be a section of the Constitu-
tion :

Section — The homestead of any citizen of th's State, who is tlie
head of a family, shall not be subject to sale or alienation, except in
the special manner provided for by law, for the alienation thereof, by
husband and wife, except for taxes imposed by law, and for the
mechanics'* lien for laboi- done and perfomied; audit shall i)e the
duty of the Legislature to provide for the enforcement of such liens.

Referred to Committee on General Pj-ovisions.

Mr. Bryant, of Harris, offered the following resolution :

Be if resolved by the peoj)ieof Texas, h/ Coin-enfiotf assembled^
That all laws granting the public lands to rnilroad companies are
hereby repealed, and all charters of said railroads in Texas are
declared null and void, exceptincc where such charters have been
strictly complied with, both in letter and spirit.

On motion, the resolution was referred to the Committee on
General Provisions.

Mr. Varnell offered the following declaration :

Resolution, Defining the Q,iialificafions of Leglslatoi's.

Resolved. That no person shall be a member of the House of
Representatives vrho sliall not have attained the age of twenty-five
yeai-s, and avIio has not lieen a citizen of the Stat'.> of Texas for five
years, and who has not resided in the county or di^itrict from which

252 EECOiSrSTRUCTION COXVENTION JOURNAL.

he may be chosen to represent for the last two years next preceding
his election ; and said representative shall be a qualified elector, as
provided in this Constitution.

Sec. — No person shall be a member of the Senate who shall not
have attained the age of thirty years, and who has not been five
years a citizen of the State of Texas, and who has not been a resi-
dent of the county or district he may be chosen to represent, the
last two years next preceding his election ; and said Senator shall
be a qualified elector, as provided in this Constitution.

No person shall be elected as representative to the Congress of
the United States, from this State, who shall not have attained the
age of twenty-five years, and been seven years a citizen of the
United States, and have all other qualifications requisite for a mem-
ber of the State Legislature.

On motion, the declaration was referred to the Committee on
Political or Legislative.

Mr. Bryant, of Grayson, oifered the following declaration :

Be it ordaitied and declared^ That this Convention was elected
by the qualified voters of this State for the purpose of framing
organic laws, therefore

Be it resolved, That this Convention will not legislate on any
subject further than may be necessary to carry out the true intent of
said Convention. *

On motion, the declaration was referi'ed to the Judiciary Com-
mittee.

Mr. Munroe oiTered the following declaration :

Be it declared by this Convention, That no ex post facto law,
or law impairing the obligations of contracts, shall be passed, and
that all laws postponing or obstructing the collection of debts are
hereby declared palpable violations of this provision.

On motion, the declaration was referred to the Committee on
General Provisions.

The President announced the business first in order was upon the
passage of the resolution offered by Mr. Tliomas, discontinuing the
newspapers now furnished the Convention, except five hundred copies,
of the Austin Republican.

jMr. Flanagan moved the previous question upon the adoption of
the resolution.

Previous question seconded.

The question recuried "shall the main question be now put?"

Mr. Buffington moved a call of the House.

Call seconded.

Mr. Burnett moved a suspension of the call of the House.

RECONi^TRUCTION CONVENTION JOURNAL. 253

Carried.

Upon the question, " Shall the main question be now put ? " the
main question was ordered.

1'he question recurring upon the second reading of the resolution,
the yeas and nays were demanded, and resulted thus :

Yeas — ^Messrs. Adams, Armstrong, of Jasper, Bellinger. Bledsoe,
Board, Bryant of Harris, Burnett, Cole, Constant, Curtis, Dcgener,
Downing, Evans, of McLennan, Evans, of Titus, Flanagan, W.
Flanagan, Foster, Gaston, Glenn, iiunt, Keigwin, Kendall, Kucoh-
lor, Kirk , Lippard, Long, Morse, Muckleroy, Mullins, Newcomb,
Oaks, Patten, Posey, Smith, of Galveston, Sorrell, Thomas, Var-
nell, Whitmore, Williams, Wilson, of Milam — iO.

Nays — Messrs. President, Armstrong of Lamar, Bell, Brown,
Bryant, of Grayson, Buffington, Carter, Fayle, Fleming, Gray,
Grigs')y, Harniltoa of Travis, Harris, Hirne, Johnson, of Calhoun,
Jordan, Kealy, Leib, Lindsay, McCormick, McWashington, Mills,
jMundine, Munroe, Pcdigo, Phillips, of Wharton, Phillips of San
Augustine, Rogers, Ruby, Sohuetze, Scott, Slaughter, Smith, of
Marion, Stockbridge, Sumner, Watrous, Wilson, of Brazoria,
W^right, Yarborougli — 39.

So the resolution passed its second reading.

Mr. Evans, of jNlcLennan, moved a reconsideration of the vote,
upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President. Armstrong of Lamar, Bell, Bledsoe,
Brov/n, Bryant of Grayson, Buffington, Carter, Evans, of McLen-
nan, Fayle, Fleming, Gray, Hamilton, of Travis, Harris, Harne,
Jordan, Kealy, Leib, Lindsay, McCormick, McWashington, Mills,
Mundine, Munroe, Newcomb, Patten, Pedigo, Phillips, of San
Augustine, Phillips, of Wharton, Rogers, Ruby, Schuetze, Scott,
Smith, of Marion, Stockbridge, Sumner, Thomas, Watrous, Wil-
son, of Brazoria, Wilson, of jMilam. — 40.

Nays — -Messrs. Adams, Armstrong, of Jasper, Bellinger, Board,
Bryant of Harris, Burnett, Cole, Coleman, Constant, Curtis, Dcg-
ener, Downing, Evans, of Titus, Flanagan, Flanagan (Webster),
Foster, Gaston, Glenn, Grigsby, Hunt, Johnson, of Calhoun,
Keigwin, Kendal, Kuechler, Kiik, Lippard, Long, Morse. Muckle-
roy, Mullins, Oaks, Posey, Smith, of Galveston, Sorrell, Talbot,
Varnell, Whitmore, Williams, Wright, Yarborough. — 40.

So the motion to reconsider was lost.

Mr. Burnett moved a suspension of rules, to put resolution on its
passage.

Rules suspended.

Mr. Burnett offered the following amendment :

Amend by striking out '• 500 '' and inserting "1000."

254 EEGOXSTRUCTION COMVENTIOX JOURNAL.

Mr. McCormick moved to re-commit the resolution to the Com-
mittee on Printing.
It was so referred.

Mr. Burnett moved to proceed to the consideration of the business
on the President's table.
Carried.

The President announced that the first business in order was the
report of the Committee on Federal Relations, upon the resolution
of Mr. Mills, ceding tlie county of El Paso to the United States.

Mr. Mills moved to postpone consideration of the report until
Saturday, the 11th inst, at 10 o'clock.

Carried.

Tiie President announced the next business in order was the sub-
stitute of Mr. Hamilton, of Travis, to the report of the Committee
on Division of the State.

Mr. Thomas moved the whole matter be indefinitely postponed,
upon which the yeas and nays' were demanded and resulted thus:

Yeas — Messrs. Armstrong, of Jasper, Armstrong, of Lamar, Boil,
Bellinger. Brown, Bryant, of Grayson, Buffington, Cole, Evans of
McLennan, Fleming, Foster, Gaston, Glenn, Gray, Grigsby, Harne,
Kealy, Keigwin, Kirk, Lcib, Lindsay, Mackey, McCormick, Mills,
Morse, Mundine, Munroe, Phillips, of San Augustine, Posey,
Rogers, Schuetze, Scott, Slaughter, Sorreli, Stockbridge, Sumner,
Talbot, Thomas, Watrous, Williams, Wilson, of Brazoria, Wilson,
of Milam. — 42.

Nays — Messrs. President, Adams, Bledsoe, Bryant, of Harris,
Burnett, Carter. Coleman, Constant, Curtis, Degener, Downing.
Evans, of Titus, Fayle, Flanagan, W. Flanagan, Hamilton, of
Travis, Harris, Hunt, Johnson, of Calhoun, Jordan, Kendal,
Kuechler, Lippard, Long, Muckleroy, Mullins, Nevvcomb, Oaks,
Patten, Pedigo, Phillips, of Wharcon, Ruby, Smith, of Galveston,
Smith, of Marion, Varnell, Whitinore, Wright, Yarborough. — 38.

So the motion to postpone prevailed.

Mr. Mills moved to reconsider the vote and to lay that motion
upon the table.

Mr. Slauo;hter moved a call of the House.

Call sustained.

Mr. Munroe moved the call be suspended.

Carrie^l.

Mr. Mills withdrew the motion to lay upon the table, by leave of
the Convention.

Mr. Ruby moved a suspension of rules as to adjournment of Con-
vention at 1 o'clock.

Convention refused to suspend the rules.

RECONSTRUCTION CONVENTION- JOURNAL. 255

On motion, the Couvention adjourned until to-morrow morning,
at 9 o'clock.

CAPITOL, AUSTIN, TEXAS,
July 10, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Tlio President announced the following communication from
Brevet Major-Generai J. J. Reynolds, transmitting reports from
Comptroller :

Headquarters District of Texas,
Austin, Texas, July 9, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : I have the honor to transmit herewith statements from the
Acting Comptroller, giving the information called for by resolutions
of the Convention dated July 1, 186S.
I am, Sir,

Very respectfully.

Your obedient servant,

J. J. REYNOLDS,
Brevet Major-General U. S. A.

Comptroller's Office,

Austin, Tex., July 6, 1868.
His Excellency E. M. PEASE,

Governor of Texas :

Sir : I have the honor to acknowledge the receipt of your com-
munication of the third instant, requesting that I transmit to the
Executive Office, as early a's practicable, the information desired by
the following resolution, passed by the Constitutional Convention on
the first instant, to-M'it :

''■ Resolccd, That Brevet ^[ajor-General J. J. Rej^nolds, com-
manding District of Texas, be, and is hereby respectfully
requested to cause the proper accounting officer of the civil pro-
visional government to furnish, for the information of this Conven-
tion, complete estnnates of the probable receipts into the treasury,
and expenditures therefrom for the year ending July 1. 1869, noting
the appropriation made by the Commanding General of the Fifth

256 RECONSTRUCTION CONVENTION JOURNAL.

Military District, bj request of His Excellencj the Governor, and
of this Convention, in addition to those made bj the Legislature of 1
1866." ^

And, in reply, I beg most respectfully to invite attention to the
actual receipts and the actual expenditures of the State government
from July 1, 1867, to July 1, 1868, as the data upon which I have
made estimates of the receipts and expenditures of the State govern-
ment, for the period commencing July 1, 1868, and ending June
'30, 1869, leaving no margin for contingencies, which it is always
proper to provide.

RECEIPTS OE STATE REVENUE

During the period commencing July 1, 1867, and ending June

30, 1863.

Taxes of 1866 and previous years $42,509 64

Taxes of 1867 370,273 81|

.Taxes of 1868 12,755 45

Fees, office 5,133 89

Fees, patent 2,034 20

Pre-emption 400 00

Government dues 495 40

Sales of public domain 684 00

Sales of public property 3,194 30

Money refunded 1,606 64

Sales of United States five per cent, bonds (act of

October 30, 1866) 12,000 00

Total $451,087 33|

Treasury Warrants drawn upon State Revenue, during the
period coinmencing first Jidy, 1867, and ending thirtieth of
June, 1868.

For the month of July, 1867 $32,619 97

August, 1867 29.346 90

" September, 1867 1,564 84

" October, 1867 8,685 80

" November, 1867 27,918 00

" December, 1867 17,880 29

« January, 1868 25,811 55

RECONSTRUCTION CONVENTION JOURNAL. 257

For the month of February, 1868 15,957 86

March, 1868 29.855 22

April, 1868 23,629 81

May, 1868 15.366 35

" June, 1868 19,348 34

Total amount of treasury warrants drawn. . . .^247,984 93

Estimate of the jrrobable recei])ts and expejiditiires of the State
government^ during the period commencing Jidy 1, 1868, and
ending June 30, 1869.

EXPENDITURES.

Ordinary expenditures for support of

State government $247,984 93

Estimated expenditures of Constitu-
tional Convention 125,000 00

Per diem pay and mileage for mem-
bers of Legislature 129,573 61

Contingent expenses of Legislature.. .. 34.135 06

Appropriation for Penitentiary 25,000 00

Appropriation for arresting criminals. . 25,000 00

Appropriation for pay of officers of

first provisional government 15,000 00

Appropriation for framing portrait of

Gen. Sam. Houston 200 00—

Total , $601,893 60

RECEIPTS.

Total receipts of State

revenue from first

July, 1867, to first

July, 1868 1451,087 33|

The forced collection of

" back taxes " being

prohibited, $30,000

at least should be

deducted from the

above, in estimating
17

258 RECONSTRUCTION CONVENTION JOURNAL.

receipts from July 1,
1868, to July 1,

1869 30,000 00—^421,087 33|

Twenty per cent off for causes ex-
plained below 84,217 46|

$336,869 87
Add cash on hand, say 200,000 00 —$536,869 87

Leaving a deficit, say $65,023 73

APPROPRIATIONS.

Eighty-one appropriations were made
by the Eleventh Legislature (so
called), for the support of the State
Government for the two years 1867
and 1868, amounting in the aggre-
gate to $595,900 00

These appropriations have been increased
by nineteen additional appropriations
made by the Commanding General,
to-wit :

Contingent expenses of the office of
Superintendent of Public In-
struction $225 00

For publishing Twenty-fifth vol-
ume Texas Reports 5,184 00

For support of the Lunatic Asy-
lum 3,000 00

For support of the Blind Asylum . 2,000 00
For support of the Deaf and Dumb

Asylum 6,000 00

For keeper and night watch of

Capitol...... 800 00

For night watch of General Land

Office _ . . 550 00

For night watch of treasury build-
ing 550 00

For contingent expenses of Execu-
tive Office 500 00

For postage and contingent ex-
penses of Secretary of State. . . . 500 00

RECONSTRUCTION CONVENTION JOURNAL. 259

For books and stationery of Comp-
troller's office, inclmling blanks
and binding 2,500 00

For postage and contingent ex-
penses of Comptroller's office. . . 600 00

For repairs on Capitol 700 00

For extra pay of draftsman in pho-
to-lithographic bureau, General
Land Office 300 00

For materials and chemicals for

said bureau ' 600 00

For salary of extra clerk in State

Treasurer's office 1,200 00

For contingent expenses of State

Treasurer's office 200 00

For distribution of Twenty-fifth

volume Texas Reports 200 00

For salary to sexton of State Ceme-
tery..". 100 00

For stationery for the Convention,

June, 1868 1,000 00

For Supreme Court, for printing

and pay to librarians 1,500 00

For support of the State Peniten-
tiary 25,000 00— 53,209 00

Total amount of appropriations |649,109 00

■Out of which there has been paid up to July 1, 1868. 413,438 59

Leaving amount credit of all appropriations for 1867

and 1868, on the first of July, 1868 $;235,670 41

I am of the opinion that the receipts for the period commencing
first July, 1868, and ending thirtieth June, 1869. will fall short of
the receipts for the corresponding period of the previous year, of at
least one-fifth, for the following reasons, to-wit :

The deranged condition of the machinery of this office, occasioned
by the removal of assessors and collectors, and the failure of the
appointees, in many instances, to qualify : because of vacancies now
•existing in the office of assessor and collector, in many counties : the
decrease in the business of the country, made apparent by the returns
of occupation taxes. And, in addition to these causes, it is proper
■to state that His Honor Judge Winston Banks, of the Eighth Judi-
■cial District, has granted a perpetual injunction, restraining the

260 RECONSTRtJCTION CONVENTION JODKNAL. \

assessor and collector of Hopkins county from collecting tlie tax
levied under the law upon Crumby & Withers, for retailing ardent
spirits in quantities less than a quart. I am aware that this decision
of Judge Banks only affects the particular case adj udicated ; but it is
presumed that others will take the hint, and that this decision will
materially decrease the receipts of the treasury. I have, however,
made no estimate of what that decrease will be.

The forced collection of " back taxes " has been prohibited, which
will lessen the receipts of the present year (1868) to a very con-
siderable amount as compared with the receipts of 1867 — say, at
least 130,000.

The additional appropriations which may be made hy the Com-
manding General, the Constitutional Convention, or the Legislature,
should one assemble, are not considered in this estimate. Nor is the
direct tax due the United States considered, because enough is shown
to make it apparent that the treasury will certainly be empty before
first July, 1869 ; and it is not reasonable to suppose any revenue to
be derived from the tax which may be levied by the Convention ta
reimburse the treasury for the amount expended in its behalf, will
be paid into the treasury before first of January, 1870.
I have the honor to be,

Your obedient servant,
(Signed) GEO. C. RIVES,

Acting Comptroller.

On motion of Mr. Armstrong, of Lamar, the report was referred
to the Committee on Finance.

Mr. Fayle, Chairman of the Committee on Enrolled Provisions^
made the following report :

Hon. E. J. DAVIS,

President of the Convention :

The Enrolling Committee have had bills, numbering 19 to 24
inclusive, under examination and find them to be correctly enrolled,
to-wit :

No. 19, Resolution ordering the printing of 400 copies of the
report of Wm. Alexander, Esq., late Attorney General of Texas.

No. 20. Resolution, defining the powers of this Convention.

No. 21, Resolution, appropriating twenty-five thousand dollars
or so much thereof as may be necessary for the apprehension of
desperadoes.

No. 22. Resolution, amending the rules governing the Conven-
tion, so that a simple resolution, or resolutions relating to the gov-

RECONSTRUCTION CONVENTION JOURNAL. 261

eniraent of the Convention may be disposed of upon a vote at first
reading.

ISo. 23. Resolution, apnropriating the sum of two hundred dol-
lars to frame the portrait of (jeneral Sam Houston.

No. 24. Resolution appropriating ,$15,000 for the payment of
the civil officers of the State appointed by Provisional Governor A.
J. Hamilton.

Respectfully submitted,

WM. R. FAYLE,
Cbairman of the Committee on Enrolled Provisions.

Report adopted.

Mr. Whitmore, Chairman on the Committee on Finance, offered
the following reports :

Committee Room,
July 8th, 1868.
Hon. E. J. DAVIS,
• President of the Convention:

Sir : The Committee on Finance, to whom was referred a resolu-
tion of Mr. Patten, respectfully return the same, and declare, that
First, the Reporter's services should not be discharged, but that
the publication of the speeches should be dispensed with, that a
manuscript copy should be written out and preserved in the State
Secretary's office for future use.

Secondly, the newspaper question having progressed so far in the
Convention, the Committee deems any action on this subject unne-
cessary.

Third, the Committee would ask that, that portion of Mr. Pat-
ten's resolution which refers to the various employes of the Con-
vention, be referred to the Committee on Contingent Expenses.
All of which is respectfully submitted.

G. W. WHITMORE,

Chairnian.

Committee Room,
July 8th, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : The Committee on Finance report on a resolution intro-
duced by Mr. Leib, to -wit :

That burying grounds, public school houses, houses used exclu-
sively for public worship, institutions of purely public charity, pub-

262 KECONSTRUCTTON COTSTVEISrflON JOURNAL.

lie property used exclusively for any public purpose, shall never be^
taxed ; and respectfully recommends that said resolution do not pasSi

With much respect,

G. W. WHITMORE,
Chairman.

Mr. Glenn offered the following Minority report :

Committee Room,
Austin, July 8, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : The undersigned members of the Committee on Finance
beg leave to dissent from the Majority repoi't, from said Committee
in relation to retaining the services of a Reporter ; and respectfully
ask that the services of said reporter be dispensed with ; for the rea-
son that the purposes and ends contemplated by the Convention in
his appointment has failed, and no material benefits seeming to result
to the Convention or the country at large from his labors, we the);e-
fore hope that he may be discharged ; and the concomitant expenses
thereby cut off.

Respectfully submitted,

MARSHALL GLENN,
G. W. WHITMORE.

Mr. McCormick, Chairman of Committee on Contingent Expen-
ses, made the following report :

Committee Room,
July 10th, 1868.
Hon. E. J. DAVIS,

President of the Convention:
The Committee on Contingent Expenses, in view of the fact that
the official Reporter employed by the Convention, has found him-
self unable to report the debates of the Convention, from day to
day, for publication currently, with the business on which they occur ;
and that no proper opportunity can be furnished members for cor-
recting the reports of their speeches, and not tliinking it proper to
recommend the incurring the additional expense for the reporting
of the debates, have instructed me to report the accompanying reso-
lution dispensing with the reporting of the debates which may occur
afcer the passage of said resolution. They are of opinion, that ac-
cording to the terms of this contract, the official reporter should fur-
nish the Convention with debates which have occurred or shall have

RECONSTRUCTION CONVENTION JOURNAL. ' 263

been had in the Convontion up to the date of the passage of said
resolution, and liave, therefore, provided that he shall deposit with
the Secretary of the Convention his report written in the ordinary
English character, of the debates had up to that time, before receiv-
ing a certificate entitling him to pay for the same.

Respectfully submitted,

A. P. McCORMICK,

Chairman.

Resolved. 1. That the services of John Tovell, engaged on the —
day of June, 1868. to report the debates of this Convention, be now
and hencefoi'th dispensed with.

2. That the Secretary of the Convention be, and he is hereby au-
thorized to settle with the said John Tovell at the rate of fifteen dol-
lars per day from the date of his said employment, until the date of
the passage of this resolution, upon the condition precedent, how-
ever, that the said John Tovell shall fiirly write out in the ordinary
Enc'lish character, the debates which shall have taken place during
the period of his said employment ; and the Secretary is instructed
not to furnish said John Tovell with any certificate of amount due
him until said debates are thus written out and deposited with said
Secretary.

3. The certificate of the Secretary, that this resolution has been
complied with, and showing the number of days between the date
of said John Tovell's said anployment as reporter and the date of
the passage of this resolution, and the amount due therefor, shall be
a sufficient voucher to authorize the Comptroller to draw his warrant
upon the Treasurer in favor of said John Tovell for said amount so
certified to be due, to be paid out of the appropriation made or ap-
proved by the Commanding General for the expenses of this Con-
venrion.

Mr. Thomas, from the Committee on Printing, offered the follow-
ing report:

Hon. E. J. DAVIS,

President of the Convention:
, The Committee on Printing, to whom was referred a resolution
proposing to discontinue certain newspapers heretofore subscribed to
lor the use of this Conventi«n, have had the same under considera-
tion and recommend that the resolution be so amended as to accept
one thousand copies of the Austin Daily Republican at eight cents
per number, and five hundred copies of the San Antonio (tri-week-

264 ■ RECONSTRUCTION CONVENTION JOURNAL.

Ij,) Free Press, at seven cents per number, and that the resolution
thus amended be adopted.

Respectfully submitted,

JAS. W. THOMAS,
Chairman of the Committee on Printing.

Mr. Schuetze moved a suspension of rules to take up the report
of the Committee on Printing.

Rules suspended. .

Mr. Degener moved the previous question upon the passage of the
resolution.

Previous question seconded.

The question recurring, "shall the main question be now put?"

The main question was ordered.

Mr. Slaughter moved that the previous question be withdrawn.

Carried.

Mr. Evans, of McLennan, moved to lay the whole matter upon
the table.

The yeas and nays being demanded resulted thus :

Yeas — Messrs. Bell, Brown, Carter, Constant, Degener, Evans
of McLennan, Hamilton of Travis, Harris, Harne, Lindsay, Long,
McWashington, Newcomb, Patten, Pedigo, Phillips of Wharton,
Posey, Scbuetze, Soott, Smith of Marion, Stockbridge, Vaughan,
Watrous, Williams, Yarborough — 25.

Nays — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bellinger, Bledsoe, Board, Bryant of Grayson,
Bryant of Harris. Burnett, Cole, Coleman, Curtis, Evans of Titus,
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn,
Gray. Grigsby, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Keigwin, Kendal, Kuechler, Kirk, Leib, Lippard,
McCormick, Morse, Muckleroy, Mullins, Mundine, Munroe, Oaks,
Phillips of San Augustine, Rogers, Ruby, Slaughter, Smith of Gal-
veston, Sorrell, Sumner, Talbot, Thomas. Varnell, Whitmore, Wil-
son of Brazoria, Wilson of Milam, Wright — 55.

So the Convention refused to lay the resolution on the table.

Mr. McCormick offered to amend as follows : " And if these
papers be continued they publish the journals of the Convention."

Amendment agreed to.

Mr. Degener moved the previous question, upon the passage of
the resolution as amended.

Previous question seconded.

The question recurring " Shall the main question be now put?"
the main question was ordered.

RECONSTRUCTION CONVENTION JOURNAL. 265

The question recurring upon the second reading of the resolution,
it was read a second time and agreed to.

Mr. Burnett moved a further suspension of rules to put resolu-
tion on its final passage.

Rules suspended.

Resolution read tliird time and passed.

Mr. Talbot, Chairman of the Committee on Education, made the
following report :

Hon. E. J. DAVIS,

President of the Convention :

Your Committee on Education, which was added to the Special
Committee to attend the examination of the Blind School, at the
close of its session, would, in addition to the report of the Special
Committee, present the following :

The examination commenced on the 30th of June, and continued
through that and the succeeding day.

Upon consulting the records of the Superintendent, we find that
the largest number of pupils attending the school during the ses-
sion was nineteen, and the smallest fifteen, which number was pre-
sent at the examination.

It was one of the objects of our visit, to ascertain, as far as our
limited time would permit, the methods of instruction, and the in-
ternal police and regulations of the school ; and in all these particu-
lars we would say, it merits our full approbation. The officers and
teachers v/ere polite and obliging, and the pupils attentive, interested,
and cheerful, and tlieir happy faces showed that they had a full ap-
preciation of the stores of intellectual wealth they were laying up
in tlieir minds.

The studies pursued during the session are, in addition to the
common English branches, Algelu-a, Geometry, Natural Philosophy,
Astronomy, Philosophy of Natural History, Science of Govern-
ment, and the French language, together with vocal and instrumen-
tal music.

The examination of the several classes to which your committee
listened, was of a hio;hly interestinof character, and rruve abundant
evidence that the pupils had received thorough and accurate instruc-
tion iu the various studies pursued by them ; and the recitations
throughout were characterized by a degree of promptness and cor-
rectness not surpassed by schools composed of seeing pupils.

Several of the younger pupils were called upon to read, which
they did with great facility and correctness. They read fr(3m books
upon various subjects, where the words were long and difficult, with
apparently the same ease, and Viith as little hesitation as those who

266 RECOXSTRUCTIOX CONVENTION JOURNAL.

see. One little girl, seven years old, particularly attracted our at-
tention. She read in the third reader with as much fluency and pro-
priety as any child we ever listened to.

As the time of the committee was limited, and they could not be
present through the whole examination, the Superintendent requested
them to call for such classes as they might wish to hear. They ac-
cordingly directed the teacher. Dr. Baker, to examine his first class
in intellectual algebra. The class consisted of four members, three
females and one male, the youngest of which was thirteen years old.
The exercises included the solution of problems producing equations
containing one unknown quantity, those producing equations con-
taining two unknown quantities, elimination by the various methods,
the formation of powers, numerical and literal, and the solution of
problems producing incomplete, and complete equations of the second
deo'ree.

The committee regarded the examination in this branch, in addition
to what had preceded it, as a sufficient test of the attainments of the
pupils in all the studies pursued by them. The result was extremely
gratifying. Every question proposed was answered, and every prob-
lem was solved with a facility and accuracy truly astonishing, mani-
festing a degree of mental discipline your committee had never wit-
nessed in any school.

There was another exercise of which your committee desire to
speak, and that was the examination of a class of four boys in the
Constitution of the United States, and the principles of Republican
Government. The text books studied by this class were Young's
Science of Government, and Sullivan's Political Class Book, and
the recitation showed that those books had been used to good
purpose.

The musical performances during the examination, and at the con-
cert, given by the school on Wednesday evening, consisting of a
choice selection of pieces, both vocal and instrumental, were of a
high order, and fully satisfied the committee that the school, during
the session, had enjoyed superior advantages for the cultivation of
this jjleasing accomplishment, and to the blind, almost indispensable
branch of education.

In conclusion, your committee do not hesitate to express their
entire approbation of the manner in which this institution is con-
ducted, and do most cordially recommend it to the fostering care of
this Convention.

The examination above referred to continued two days, and your
committee not feeling at liberty to devote their entire time to it de-
puted one of their number, the Hon. D. C. Constant, whose atten-

RECONSTRUCTION CONVENTION JOURNAL. 267

dance continued throughout the entire examination, and to whom
your committee are indebted for this repni-t.

JOSEPH W. TALBOT,
Chairman of Committee on Education.

Mr. Mc Washington offered the following resolution :

Resolved^ That the following be a section of the Constitution :

ARTICLE — .

Section — . All marriages solemnized or had among free persons
of color whilst in bondage, according to the rites existing among
said persons, are hereby declared to be legal and binding, and are
hereby made valid ; and all children born of said marriages are de-
clared legitimate for all purposes.

Sec. — . It shall be the duty of the Legislature to provide, by
law, to protect tlie persons named in section — in this article, in all
their rights as married persons.

On motion the resolution was referred to the Committee on Gen-
eral Provisions. ,

]Mr. Lippard offered the following resolution:

Resolved, by the jjeople of Texas in Conventioji assembled,
That the following shall be a section of the Constitution of this
State.

Section — . That capital punishment shall not be inflicted in
this State.

On motion the resolution was referred to the Judiciary Com-
mittee.

Mr. Evans, of McLennan, offered the following declaration:

Be if declared, That the Sergeant-at-Arms be requested to ex-
amine Committee Room, No. 3, in the basement of the Capitol, and
report how said room is now occupied ; and if he should find it a
stoi"e room for firewood, then to report to this body how much fire-
wood is in the room, who it belongs to, and report the relative im-
portance of using said room to store a cord of wood, or for the
purpose of a committee room : and that he report who has the con-
trol of the Capitol of Texas, and vrhat part, if any, this Convention
can occupy, and how long without damage to other and more impor-
tant interests.

Laid over one day under the rules.

Mr. Jordan offered the follovring declaration :

Be it declared by this Cofivention, That all sects in religion, of

268 RECONSTRUCTIO^^f CONVENTION JOURNAL,

whatever denomination, shall be by law protected in all their rights and
religious exercises from malicious disturbance, and from all injuries to
property on lands set apart and consecrated to the worship of God ;
but the doctrines, discipline, and distinctive peculiarities of any of
the_ denominations or sects in religion, shall never be the subjects of
legislation in this State ; nor shall any favor or privilege ever be
granted by law to any one sect, above that which is secured to all
sects and denominations in religion.

Mr. Slaughter offered the following resolution :
Resolved, That the Committee to which was re-committed the
memorial to Congress, asking the removal of disabilities of certain
persons, be and are hereby instructed to have said list of names
printed, with the indorser of each name respectively set opposite
the name, and that a copy of the same be laid upon the desks of
members as soon as possible.

_ Mr. Slaughter moved the suspension of rules to take up resolu-
tion.

Lost.

Mr. Euby offered the following resolution :

Resolved, That the Sergeant-at-Arms be directed and authorized
to keep the various rooms used I>y this Convention for committee
purposes cleanly, and in such condition as may conduce to the com-
fort of the temporary occupants theieof.

The President announced the business in order was upon the mo-
tion of Mr. Mills to reconsider the vote by which the consideration
of the substitute offered by Mr. Hamilton, of Travis, to the report
of the Committee on Division of the State, was postponed.

Mr. Smith, of Galveston, asked leave to print his remarks upon
the question.

Leave granted.

Mr. Hamilton, of Travis, requested leave of absence for ten
days for Mr. Sorrell, of Limestone.

Leave granted.

Mr. Smith, of Galveston, asked leave of absence for Mr. Johnson
and Mr. Bryant for to-morrow.

Leave granted.

Mr. Burnett moved that the rules be suspended so that the Con-
vention might adjourn until this evening, at four o'clock.

Lost.

Mr. Scbuctzc moved a suspension of the rules as to adjournment,
so as to allow Mr. Lindsay to finish his remarks.

Carried.

Under the rules, the Convention adjourned until to-morrow raorn-
ino;, at nine o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 269

CAPITOL, AUSTIN, TEXAS,
July 11, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

The President announced the following communication, from A.
Siemering & Co., proprietors of the San Antonio Express:

Hon. E. J. DAVIS,

President of the Convention :
Sir : Learning that a resolution has passed to engrossment, dis-
continuing the four hundred copies of the San Antonio Express,
subscribed for by the Convention, we would respectfully represent
that this sudden action on the part of the Convention, will be a con-
siderable injury to us, as we have made outlays to meet the demand
of the Convention, and we ask that fair notice be given, or that the
Convention continue the papers at a reduced price, say five cents
per copy, in order to enable us to use up the extra quantity of paper
we have on hand.

Yours most ob't,

A. SIEMERING & CO.
Austin, July 11th, 1868.

Mr. Bell offered the folio vving resolution :

Resolved, That the President appoint a committee of five mem-
bers, to enquire into the circumstances of the personal difficulty be-
tween two or more members of this body in the Convention hall this
morning, and that such committee have power to send for witnesses,
and that said committee report by resolution or otherwise.

On motion to suspend the rules to take up resolution, the rules
were suspended.

INIr. Flanagan moved to lay the resolution on the iable.

Carried.

Mr. Flanagan moved the resolution be expunged from the min-
utes, upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Adams, Board, Bryant, of Grayson, Carter, Cole-
man, Evans of Titus, Fayle, Flanagan, W. Flantigan. Hamilton,
of Travis, Harris, Hunt, Jordan, Mills, Phillips, of San x\ugus-
tine. Phillips, of Wharton, Posey, Schuetze, Scott, Stockbridge,
Varnell, Vaughan, Wilson of Brazoria — 23

Nays — Messrs. President, Armstrong of Jasper, Armstrong, of
Lamar, Bell, Bellinger, Bledsoe, Brown, Bryant, of Harris, Bur-

270 RECONSTRUCTION CONVENTION JOURNAL.

nett, Cole, Curtis, Degener, Downing, Evans, of McLennan, Flem-
ing, Foster, Gaston, Gray, Grigsbj, Harne, Johnson, of Calhoun,
Kealy, Keigwin, Kendal, Kuechler, Lindsay, Lippard, Long, Mc-
Washington, Morse, Muckleroy. Mundine, Munroe, Oaks, Patten,
Pedigo, Hogers, Euby, Slaughter, Smith, of Galveston, Smith, of
Marion, Sumner, Thomas, Watrous, Whitmore, Williams, Wilson of
Milam, Wright, Yarborough — 49. flj

So the motion to expunge from the minutes was lost. ^

Mr. Flanagan, Chairman of the Committee on Internal Improve-
ments made the following report :

Committee Room,
Austin, July 11, 1868
Hon. E. J. DAVIS,

President of the Convention :
Sir : Your Committee on Internal Improvements, have had un-
der consideration a declaration introduced by Hon. A. J. Evans, of
McLennan, authorizing the county courts for police purposes, to au-
thorize the people in any county or counties to vote a tax for rail-
road purposes, and I am instructed to report back the declaration,
and to recommend the adoption of the same.

J. W. FLANAGAN,

Chairman.

Mr. Flanagan offered the following additional report :

Committee Room,
Austin, July 11th, 1868.
To the Hon. E. J. DAVIS,

President of the Constitutional Convention :

Sir : The Committee on Internal Improvements, heretofore
charged by resolution of the Convention with the duty of ascertain-
ing the indebtedness of the several railwaj'- companies of the State
to the special School Fund, and also the condition of said Compa-
nies, and their Roads, and to report to the Convention, has had
these subjects under consideration, and has instructed me to make
tho following report :

The special School Fund of the State was created by the Act of
the 31st of January, A. D., 1854. The Act authorizing the loan
of the special School Fund to railway companies was passed on the
13th of August, A. D., 1856. This latter act provided that the
Board of School Commissioners created by the act should not de-
liver to any railway company any warrant on the Treasury of the
State, against the special School Fund, until such company had de-

RECONSTRUCTION CONVENTION JOURNAL. 271

livcicd into the Treasury its bonds, in sums of not more than one
hundred and fifty thousand doUars, and not less than fifty thousand
dollars, with coupon bonds for six per cent, per annum interest, pay-
able annually ; and the same section of the act provided that, in ad-
dition to the annual interest of six per cent, to be paid on the l)onds,
every company accepting any loan under the provisions of tlie act
should pay annually the further sum of two per cent, upon the
amount of the loan, for the purpose of establishing a sinking fund,
to bo applied towards the payment of the loan at maturity. The
amount paid for the purpose of establishing the sinking fund to be
credited to the company paying the same.

Under the provisions of the act of August 13th, 1856, four rail-
way companies have received loans from the special School Fund,
to-wit : The Houston and Texas Central Railway Company ; the
Buffalo Bayou, Brazos and Colorado Railway Company ; the Texas
and New Orleans Railway Company, and the Southern Pacific Rail-
way Company.

By special acts of the Legislature, the benefit of the act of the
13rh of August was extended to two other companies, to-wit : The
Washington County Railway Company, and the Houston Tap and
Brazoria Railway Company; so that the six companies above named
became indebted to the special School Fund of the State.

According to the statement furnished to your committee by the
Comptroller of Public Accounts, the Houston and Texas Central
railway company borrowed from the special School Fund, in the
years 1857, 185ti, and 1859, the sum of $450000, for which sum,
said company executed its bonds, in conformity with the act of Au-
gust 13th, 1856, which said bonds were deposited in the Treasury of
the State. The whole amount of interest accruing on these bonds
to March 1st, 1868, was .$^257,255 56. To the 31st day of Au-
gust, 1860, the said company paid, in specie, on account of the two
per cent, sinking fund required by law, the sum of $18,000. there-
by reducing the principal of the debt to the sum of .sl32.000. On
account of accrued interest, said company has paid as follows : From
March 1st, 1858, to March 1st, 1860. inclusive, in specie, the sum
of $49,801 21 ; from December Slst, 1866, to December 31st,
1867, inclusive, in specie, the sum of $38,290 ; making total pay-
ment of interest, in specie, $88,091 21. The said company also
paid, in the year 1864, on account of interest, in State Warrants,
$49,146 49 ; and in State Warrants fundalde in 8 per cent, bonds
$56,188 67; and in State Warrants fundable in 6 per cent, bonds,
$439 : making the whole amount of interest paid in State Warrants
$105,774 35 ; and the whole amount of interest paid, both in specie

272 RECONSTRUCTION CONVENTION JOURNAL.

and State Warrants, 1,193,865 56 ; leaving a balance due on account
of interest, of .^^63,390.

By way of full explanation, your committee deem it proper here
to state, that, by the 7th section of an act of the 11th Legislature,
entitled "An Act regulating the Collection of Debts," approved
November 10th, 1866, it was provided that "all railroad companies
that' are owing interest upon the bonds for loan of the Common
School Fund, shall have an extension of time for the payment of
interest now due, as follows : The entire amount of interest now due
shall be divided into eight equal parts, and paid as follows, in specie;
one equal eighth part due by each company, shall be paid on or be-
fore the first day of January next ; and one equal eighth part every
six months thereafter, until the entire amount shall have been paid :
Provided, that on failure of any company to pay any one of such
installments, as above stipulated, such company shall forfeit the ben-
efits of this act, and the entire amount of interest then due shall be
collected as now provided by law."

The arrears of interest due by the Houston and Texas Central
Railway Company, and intended to be embraced in the above pro-
vision of the act of 10th November, 1866, are included in the above
amount of i^6S,390.

The Buffalo Bayou, Brazos and Colorado Railway Company bor-
rowed from the special School Fund, in the years 1858 and 1859,
the sum of $420,000. The whole amount of accruing interest on
this loan, to March 1st, 1868, was $228,158. This compojiy paid,
prior to the 8th day of October, A. D., 1860, on account of the
two per cent, sinking fund, in specie, the sum of $12,000 ; thereby
reducing the principal of their debt to the sum of $408,000. To
the 31st March, A". D., 1860, inclusive of that day, this company
paid, in specie, on account of accrued interest, the sum of ^32,218 75.
On the 7th day of January, 1867, this company paid, in specie,
on account of accrued interest, the sum of $6,120. During the
year 1864, this company, on account of accrued interest, paid, in
State Warrants, the sum of $23,815, and in State Warrants funda-
ble in 8 per cent, bonds the further sum of $74,204 25, making the
total amount paid in State Warrants, on account of interest,
$98,019 25, and the whole sum of payments on account of interest,
both in specie and in State Warrants, $136,358, leaving a deficit of
the whole amount of accrued interest to March 1st, 1868, of ,|<91,800;
thus making the whole indebtedness of this company to the special
School Fund, on March 1, 1868, amount to $499,800. The deficiency
in the interest account embraces the arrears of interest intended to
be embraced within the provisions of the 7th section of the act of
the 10th of November, 1866, before referred to.

RECONSTRUCTION CONVENTION JOURNAL. 273

The Texas and New Orleans Railway Company borrowed from
the special School Fund, in the years 18G0 and 1861, the sum of
$430,500. Of the two per cent, sinking fund required by law- to be
annually paid, this company has never paid any amount. On ac-
count of accrued interest, this company paid, on March 1st, 1861, in
specie, the sum of ;;sl4, 271 52, and on the 5th of January, 1867,
in specie, the sum of .*^16,143 75, making total payments in specie,
on account of accrued interest, amount to $80,415 27. This com-
pany has never paid any further sum on account of interest, in any
kind of funds. The whole amount of accrued interest due on the
sum borrowed to March 1st, 1868, was >;195, 081 52. The deficit
on interest is therefore, to March 1st, 1868, ^'164,666 25, and the
whole amount due this company to the special School JFund, on
March 1st, 1868, was $^595,166 25.

In this connection, your committee deems it proper to call the at-
tention of the Convention, to the second section of an act passed
during the extra session of the Eighth Legislature, entitled "An
Act for the relief of the Texas and New Orleans Railroad Compa-
ny."' The act referred to was approved on the 7th day of February,
1861. The said second section provided that "said railroad com-
pany shall have the power and is hereby authorized to issue a first
mortgage upon its railroad, from the west bank of the Trinity river
to the city of Houston ; provided that this company shall relinquish
all claims to the State Loan on said section of its road." Your
committee is informed that, under the provisions of this act,
the said railway company executed a first mortgage on the forty
miles of their road lying between the west bank of the Trinity river
and the city of Houston, for the sum of six thousand dollars per
mile, making the sum of $240,000. If the act referred to of the
7th of February, 1861, is a law of the State, or was such at the
time of its passage, then this first mortgage, to the amount of
$240,000, will take precedence of the lien of the State upon that
portion of the road, and of course the value of the security for the
payment of the debt to the special School Fund will be correspond-
ingly diminished. Further reference will be made to this matter
before concluding this report.

The Washington County Railway Company borrowed from the
special School Fund, in the year 1859, the sum of $66,000. The
whole amount of accrued interest to March 1st, 1868, was .';?29,312 59.
This company paid on June 6, 1860, on account of two per cent, sink-
ing fund, in specie, the sura of $1,320. On the 11th day of May,
A. D.. 1865, this company also paid, and had placed to its credit,
on account of said sinking fund, che sum of .$27,663, in State
Treasury Warrants, reducing the principal of its debt, by the said

274 REcoNsmucTioisr convkn'Tion' jouknal.

payment, to the sum of ,^37,017. On account of accrued interest
this company paid, on the 28th day of February, 1860, m specie,
the sum of $2,899 45. And on January 1st, 1867, said company
paid, on account of interest, in specie, the farther sum of $317 98,
making the total payments of interest, in specie, $3,217 43.
During the year 1864, this company paid on account of accrued
interest, in State Treasury Warrants, the sum of $15,546 40 :
and on the 11th day of May, A. D., 1865, said company paid the
further sum, on account of interest, in State Treasury Warrants, of
$3,880 80, making total payments of interest in State Warrants of
every kind $19,427 20 ; and total payments on account of interest
in specie and State Warrants. $22,644 63, leaving balance due of
interest on 1st March, 1868, of $6,667 96 ; thus making the whole
indebtedness of said company to the special School Fund on March
1st, 1868, $43,684 96.

The Southern Pacific Railway Company borroAved from the
special School Fund, on the 31st of May A. D., 1862, the sum of
$150,000. The interest on this loan to March 1st, 186S, amounted
to ,$52,625. This company has never paid any sum, either as sink-
ing fund or interest. The account is therefore easily stated : Princi-
pal, $150,000; interest to March 1st, 1868, $52,625 ; total indebt-
ness of this company to special School Fund on March 1st, 1868,
$202,625.

The Houston Tap and Brazoria Railway company borrowed from
the special School Fund, in the years 1859 and 1860, the sum of
$300,000. This company paid on the 1st of January, 1861, in
specie, on account of the two per cent, sinking fund required by law,
$4,200, reducing thereby the amount of the principal debt to the
sum of $295,800. The whole amount of interest due on the loan
to this company, on March 1st, 1868, was $142,849 58. This
company paid on account of accrued interest, on 27th February,
1860, in specie, the sum of $2,375 38. This company also made
payments of interest in State warrants, as follows : on June 23d,
1864, in 8 per cent, warrants, $2,000 ; on July 13th, 1864, in 6
per cent, warrants, the sum of $13,163 33 ; on the 20th of August,
1864, the sum of $270 in 8 per cent, warrants, and the sum of
$1,730 in 6 per cent, warrants; and on the 24th of August, 1864,
in 8 per cent, warrants, the sum of $50,075, and in 6 per cent,
warrants, the sum of $2,245; making total payments on account of
interest in State warrants of every kind, .$69,483 33: and total pay-
ments on account of interest, both in specie and in State warrants,
$71,858 71 ; leaving balance due on account of interest on March
1st, 1868, of $70,990 87, making entire indebtedness of said com-

RECONSTRUCTION CONVENTION JOURNAL. 275

panj to the special Seliool Fund, on 1st of March, A. D., 18G8,
$306,790 87.

To recapituhxte, these six companies are indebted to the special
School Fund, as follows :

Houston and Texas Central $495,390 00

Buffala Bayou. Brazos and Colorado 499,800 00

Texas and New Orleans 595,166 25

Southern Pacific 202,625 00

] ouston Tap and Brazoria 366,790 87

Washington County Road 43,684 96

Aggregate indebtedness $2,203,457 08

From the foregoing statement it will be seen that not only have
all the companies named (except the Southern Pacific) made pay-
ments on account of interest, in the State treasury warrants, but
that the Washington County Railroad Company also made a con-
siderable payment on the principal of its debt in State warrants. It
tlierefore becomes proper to state the authority, or pretended
authority, under which these payments in treasury warrants were
made. Your committee believes that the first step towards authoriz-
ing such payments was taken by the Tenth Legislature, in the pas-
sage of an act entitled, "An Act authorizing the Comptroller of the
State to receive from railroad companies in this State the interest
that may be now due, or hereafter become due on their bonds."'
This act was approved December 16th, 1S63, and provided that the
Comptroller should be authorized to receive from railroad companies
all interest on their bonds then due, or afterwards to become due,
provided the same should be tendered in State bonds or in State
treasury warrants, previous to the meeting of the next regular
session of the Legislature. The act also provided that for all sums
so paid in, the Comptroller and Treasurer should issue to the special
School Fund, the bonds of the State bearing six per cent, interest.
The next step in this direction was taken at the called session of the
Tenth Legislature, by the passage of an act amending the act above
referred to, and providing that the act of December 16th, 1863,
should not apply to railroad companies that might fail or refuse to
receive State bonds or State treasury warrants at par, for freight or
passage, at the prices or rates established by law ; and it Avas made
the duty of the Comptroller to refuse to receive State bonds or
treasury warrants, for the interest due on their bonds, from companies
that failed or refused to receive such bonds and warrants at par for
freights or passage at the rates established by law. This second

276 RECONSTRUCTIOISr CONVENTION JOURNAL.

act was approved May 28th, 1864. The last action on this svibject
was that of the Tenth Legislature at its second extra session, in the
passage of an act entitled, "An Act to authorize railroad companies
to discharge their indebtedness to the special School Fund with the
treasury warrants and bonds and coupons of the State." This act
provided that the railroad companies indebted to the School Fund
should continue to have the privilege of paying their interest in
treasury warrants and bonds and coupons of the State ; and that such
companies migiit also discharge the vv'hole or any part of the principal
of their indebtedness to the School Fund in the same manner, pro-
vided such railroad companies should satisfy the Comptroller that
the treasury warrants and bonds and coupons of the State were
received by them at par, with specie for freights and passenger travel.
This last act was approved November 15th, 1864, and provided that
all treasury warrants and bonds and coupons, that might be received
in the treasury under its provisions should be cancelled, and that the
Comptroller should issue bonds of the State bearing six per cent,
interest to the School Fund, for the amount paid in. Your com-
mittee has received no direct communication from any of the railway
companies indebted to the School Fund, except the Houston and
Texas Central Railway Company. The President of that company
has addressed a written communication to the Chairman of your
committee, accompanied hj a printed pamphlet, setting forth the
condition, purposes, prospects and wants of said company. This
company has become the owner of the Washington County Road.
This Washington County Road is twenty-five miles in length,
extending from the town of Hempstead, a few miles east of the
Brazos river, to the town of Breniiam, which is the county seat of
Washington county. The Houston and Texas Central Raihvay
Company desires to have the Washington County Road declared to
be a branch of the Central, and it wishes to have the privilege
of extending this branch from the town of Brenham to the city of
Austin. At the close of the war the Central Road was eighty miles
in length ; since which time the company has built twenty additional
miles and opened the same to travel and traiSc. The President
informs your committee that thirty miles more of road are now
under contract and in process of construction, and will be completed
and opened to travel and trauic by the first of October next. The
President claims that the company is solvent ; that since the close of
the war, the road, then broken down, dilapidated and unsafe, has
been renewed and made safe, its bridges renewed, stone supports put
in the place of wooden ones, new ties, new locomotives and cars
costing $209,000 procured, the floating debt tahen up, and back
interest to foreign and Northern bond-holders and creditors fully

RECONSTRUCTION CONVENTION JOURNAL. 277

paid, and the credit of the road built up and established. The
Pjcsidont says that the gross earnings of the road, since the war,
have been about six hundred tliousand dollai's per annum, and the
legitimate expenses about forty per cent, of the earnings. Ho says
that no dividends have been made of the earnings amongst the stock-
holders, but that the whole amount of the earnings has been used to
repair and extend the road. Yonr committee believes this company
to be solvent, and desirous to extend its roads as rapidly as possible,
and proposes, at an early da}'-, to make its affairs the subject of a
further retiort.

Tiie Texits and New Orleans Road is represented to be in very bad
condition. The bridge over the Trinity river is stated to be unfit
for use, and the road generally in a state of extreme dilapidation.
Cars have ceased to pass over it. This road is believed to be greatly
needed by the people of Texas, and with a connection with New
Orleans would certainly be a very valuable property. The present
company has not sliown the ability to make the road serviceable to
tb.e public, and under its present management it -.vill soon cease to
be, if it has not already ceased to be, an adequate security for the
large sum due to the School Fund.

The same, in the judgment of your committee, is true of the
Buffalo Bayou, Brazos and Colonido Railway. This road has been
for several years in operation, and while the company is in arrears of
interest to a large amount to the School Fund, your committee is
informed that the company owes a large floating debt, for wliich it is
not able to provide ; that its stock is very greatly depreciated in
value, and the road suffering greatly for want of repairs. These
two last named companies are indebted to the State more than a
million of dollars, and the two roads in the hands of companies aide
to keep them in good condition, ought to be ample security for the
amount due, or even for a larger sum. They must always be im-
portant lines, enjoying the advantage of much travel and traff.c.
Your committee does not hesitite to express the opinion that
immediate steps ought to be taken to rescue these roads from the
hands in which they now are, and to make tliem a perfect security
for the debts due hj tlie present companies, to the Sciiool Fund, and
also to make them more widely beneficial to the people of the State.
Your committee is of opinion that these desirable objects can easily
be accomplished. These roads are valuable, and must attract the
attention of capitalists. Let the roads be sold, but in such manner
and upon such conditions that there will be no sacrifice of the School
Fund, or of any part of it.

Yfhat your committee has to propose on this subject is embodied

-278 RECONSTRUCTION CONVENTION JOURNAL,

in an accompanjing declaration or ordinance, which jour committee
hopes will receive the favorable consideration of the Convention.

The Southern Pacific Road is also a valuable property, and the
State ought not to lose any part of the debt of the company owning
the road to the School Fund. This road has been sold under execu-
tion, as your committee has been informed, and is now conducted in
the interests of a very few individuals. Your committee is of opinion
that the State should foreclose its mortgage upon this road, and it is
embraced within the provisions of the ordinance relating to the
Houston and New Orleans Road, and the Euffalo Bayou, Brazos
and Colorado Railroad.

The changed condition of the country on the lower Brazos and
Colorado, growing out of the events of the war, has made the
Houston Tap and Brazoria Railroad of but little value. It is the
opinion of your committee, based on what is deemed reliable informa-
tion, that this road cannot long be maintained. There is not travel
and traffic sufficient to sustain it. The only return which this road
can make to the School Fund will probably be such sum as can be
obtained for the iron, and in order to find a purchaser for the iron
of this road, such purchaser must have authority to remove the iron
and use it elsevrhere. The only question concerning the disposition
to be made ol this road is : Will the State take such a course as to
realize some portion of the debt to the School Fund, or will the road
b:; permitted to fall into absolute ruin, &o that no part of the debt to
the School Fund can ever be recovered ? Your committee is of
opinion that this road ought to be sold, with a right on the part of
the purchaser either to run the road under the laws of the State, or
to remove the iron from the jame. In this way a portion of the
debt can be saved ; in no other way can any part of it be recovered.
Your committee presents herewith an ordinance or declaration
respecting the sale of this road. Whether the act of the 7th of
February, 1861, giving the right to the Texas and New Orleans
Railway Company to execute a first mortgage on that portion of its
road between the Trinity river and the city of Houston, is to be
treated as having the force of law or not, your committee entertains
no doubt of the right of the State to sell the whole line of said
rail-vyay, subject to the lien created under the provisions of said act.
Such right is clearly to be deduced, in the judgment of your com-
mittee, from the provisions of the 3d, and 11th and 12th sections of
the act of the 13th August, 1856 ; and so far as the right of the
State to vary the manner of sale for the purpose of collecting the
debts due the School Fund, from that prescribed by the act of 1856,
may be called in question, your committee deems it only necessary
to refer to the 14th section of the said act of 1856, which is in the

EECONSTRUCTION CONVENTION JOUllNAL. 279

following terms : "The State of Texas expressly reserves the right
to enact hereafter all such laws as may he deemed necessary to protect
the interest of the special School Fund, in securing the payment of
said bonds, and in enforcing the lien reserved thereon." This right
of the State, it will be seen, to make any change that may be deemed
necessary in tlie manner of sale or in tiie terms and conditions of
sale for the purpose of enforcing its lien, is one of the fundamental
conditions of the loan ; and none of the deliniiuent companies can
be heard to complain that the State now exercises this right.

Your committee forbears, on account of the necessary length of
this report, to present to the Convention further arguments in support
of the recommendations embodied in the accompanying declarations
or ordinances.

Your committee feels confident that the great importance of the
subject here presented will secure from the Convention the deliberate
consideration of this report, and wise action in the premises.
All of which is respectfully submitted.

J. W. FLANAGAN,

Chairman.

A DECLARATION.

Section 1. It is hereby declared by the Delerjafes of the people
of Teifis, III. Conre;i.llon asse?nbled, That it shall be and is hereby
made the duty of the present Provisional Governor of this State to
cause the following named railroads to be sold, for the payment of
the indebtedness of the companies owning them, respectively, to the
Special School Fund of the State, to-wit : the Buffalo Bayou, Brazos
and Colorado Railroad : the Texas and New Orleans Railroad : and
the Soutliern Pacific Railroad.

Sec. 2. It shall be the duty of the Governor, as soon after the
passage of this act as may i)e consistent with his other oiEcial duties,
to cauoc said railroads to be advertised for sale, for sixty days, in
the following named newspapers, to wit : the San Antonio Express,
the Austin Republicjm. Flake's Galveston Bulletin, the Galveijton
News, the National Index, at Tyler, Smith county, some newspaper
in the city of i\Iarshall, Ilai-rison county, and one leading paper in
the city of Nev; York. The sale shall take place on the steps of the
Capitol, in the city of Austin, between the hours of ten o'clock,
A. M., and two o'clock, P. M., under the direction of the Governor.
The said roads shall be sold separately. The sale shall transfer to
the purchaser all the property in the road and of the company to
which the road belongs, upon which the 1)onds executed for the loan
of the special school fund are a Lien^ as set forth in the thii'd section

280 EECOISrSTUtlCTION CONVENTION JOURNAL.

of the act of the tliirteenth of August, A. D. 1856, concerning the
loan of the School Fund.

Sec, 3. For the purpose of the sale herein contemplated, it is
hereby declared that the Baffalo Bayou, Brazos and Colorado Rail-
road Company was indebted to the Special School Fund of the State,
on the first day of March, A. D. 1868, in the sum of $499,800,
principal and interest ; that the Texas and New Orleans Railway
Company was indebted to the Special School Fund, on the same day,
:'n the sum of S"595,166 25, principal and interest, and that the
;:0uthern Pacific Railway Company was indebted to the Special
School Fund, on the same day, in the sum of ,*^202,625, principal and
interest.

Sec. 4. The sale of these roads shall be at public auction ; and if
any person shall bid for either of said roads the whole amount of the
debt due by the company owning the road to the Special School Fund,
with interest to the day of sale, the whole amount to be paid down in
coin, it shall be the duty of the Governor lo accept such bid, and to
cause the road in question to be knocked off to such purchaser, pro-
vided he cannot obtain a better bid in cash ; but, if no person shall
bid the whole amount due by the companies owning said roads
respectively, it shall be the duty of tlie Governor to bid for each of
said roads the whole amount due by the company to which the road
belongs to the School Fund, and thus purchase each of s;iid roads for
the State ; and upon the making of such bid by the Goverifor, and
his public declaration that he purchases said roads for th.e State, said
roads shall become the property of the State ; and the Governor
shall, on the same day, file in the office of the Secretary of State a
written declaration that he purchased said roads, or either or any of
them, as the case may be, for the State, which declaration sliall be
attested by tiie Secretary of State and the seal of the State.

Sec. 5. If any person other than the Governor shall become the
purchaser of said roads, or either or any of them, then it shall be the
duty of the Governor, after the payment of the price, to give to such
purchaser a certificate of sale, signed by him.self officirdly, and
attested by the Secretary of State, using the seal of the State ; which
said certificate, after being recorded in the office of the Secretary of
State, shall be delivered to the purchaser, and shall vest in said pur-
chaser full title to the road or roads so purchased, with a,ll the riglits,
franchises, property, &c., &c., set forth in the third section of the
act of the thirteenth of August, 1856, concerning the loan of the
School Fund.

Sec. 6. If the Governor shall purchase eitlicr or any or all of said
roads for the State, he shall have, and is hereby vested with power
to resell either or any or all of said roads to any person or company

RECONSTRUCTION CONVENTION JOURNAL. 281

or association of persons that can sliow, to the satisfaction of the Gov-
ernor, tlie pecuniary ability to put said road or roads in complete
running order for the use of the public ; and that shall also enter
into contract with the GoA'ernor to put such road or roads in com-
plete running order within a reasonable time ; and any person or
company or association of persons proposing so to contract with the
Governor for the purchase of one ov more of said roads, shall, m such
contract, stipulate tiiat the bonds of tlie former company or com-
panies, for the sums borrowed from the School Fund, shall continue to
be a first lien on said road or roads, for the amounts due said School
Fund ; and in making any such contract the Governor shall, as the
representative of tlie State, stipulate that the party purchasing either
or any or all of said roads shall have an extension of time for pay-
ment of the bonds of the former company or companies for the
amounts due to the School Fund, of twenty years from the date of
such contract; and such contract shall also contain a stipulation that
if the party purchasing either or any or all of said roads shall make
default for a period of thirty days in the payment of the interest
upon said bonds, then the principal as well as tlie interest of said
bonds shall be deemed to be due, and the State shall have the right
to proceed to sell the road or roads upon which the bonds so becom-
ing due are a lien, in such manner as is now or may hereafter be
prescribed by law. Such resale and contract with the Governor
shall subrogate the party purchasing to all the rights and privileges
granted hy the clrarter or charters of the company or companies sold
out. and shall sulsjcct the party purchasing to all the jirovisions of
the laws of the State as fully as the sold out company or companies
was or were.

Sec. 7. If the Governor shall not make any re-sale of said roads
01- cither or any of them before the first day of the meeting of the
next Legislature of the State, then his power to re-sell said roads or
sucli of them as at that time have not been re-sold by him. shall
cease, and it shall be the duty of tlie Lcgiskature to make such dis-
position of such roads or road as may be the property of the State,
as will best protect the Special School Fund, and subserve the interests
of the public.

Sec. 8. In the event that the Governor shall purchase any or
either of those roads for the State, as hereinbefore provided, he shall
have authority to take possession of the roads or road pui-chased, and
to appoint a receiver or receivers to control and manage the same for
the State, under his direction, until a re-sale shall be made, or until
the Legislatui-e shall otherwise direct.

Sec. 9. In the event of a purchase of these roads, or either of
them, from the Governor, under the provisions of the sixth section

282 RECONSTRUCTION CONVENTION JOURNAL.

of this declaration, nothing in this declaration contained, and nothing
in the contract which the purchaser may enter into with the Gover-
nor, shall be construed or understood to deprive the Legislature of
the power to control said roads b j lavf , or to make any further agree-
ment v/ith such purchaser as may be deemed beneficial to the roads
or to the public, and conducive to the security of the School Fund.
Sec. 0. It shall be the duty of the <jovernor to recite this
declaration in the advertisement of said roads for sale.

A DECLARATION.

Section 1. It is hereby declared by the delegates of the people
of Texas^ in Convention assembled^ That it shall be and is hereby
made the duty of the present Provisional Governor of the State to
cause the Houston Tap and Brazoria Railroad to be sold for the pay-
ment of the indebtedness of the company owning the same, to the
Special School Fund of the State.

Sec. 2.. As soon after tlie passage of this ordinance as may be
consistent with his other ofncial duties, the said Provisional Governor
shall cause the said railroad to be advertised for sale for sixty days,
in the following newspapers : the San Antonio Express, the Austin
Republican, Flake's Galveston Bulletin, the Houston Telegraph ;
and for at least fOrty days in some leading paper in the city of New
York. The sale shall take place in front of the Capitol, in the city
of Austin, between the' hours of ten o'clock A. M. and two o'clock
P. M. Tiie sale shall be at public auction and under the direction of
the Provisional Governor. The sale sliall be for cash to be paid
down in gold or silver money of the United States, or in its equiva-
lent in United States currency, on the day of sale.

Sec. S. As there may be some question as to the rights of a pur-
chaser under the existing law of the State, it is hereby declared that
any purchaser oF this road shall have the right either to run and
manage said road in conformity with the charter of the company now
owning the same, and subject to the laws of the State in the premises,
or to take up and remove the iron from said road ; but if the use of
said road shall ever be discontinued and the iron removed from the
same, then the franchises granted in the charter authorizing the con-
struction of said road sliall revert to the State of Texas.

Sec. 4. If any person shall appear and bid for said road and
become the purchaser thereof on the day fixed for the sale, it shall
be the duty of the Governor to give to such purchaser a certificate of
the sale and pui chase, which shall be signed by the Governor ol£-

RECONSTRUCTION CONVENTION JOURNAL. 283

ciully, and attested bj the Secretary of State, and tlic seal of the
State; -which said certificate shall le recorded in the of^ce of the
'Secretary of State before ])eing delivered to the purchaser; and such
certificate shall vest full title to said road in the purchaser, -with all
the ri^'Uts and privileges accorded by the charter of said road, by the
laws of the State, and by this declaration.

Sec. 5. No bid for a less surn than twenty-five thousand dollars
in coin for said road shall be considered by tlie Governor ; and if
there be no sale made of the road aforesaid, then it shall be the duty
of the Legislature, at its first session, to make such disposition of
said road as may be deemed necessary and proper.

Mr. Flanagan moved a suspension of rules for consideration of
report.

Rules suspended.

My. Flanagan moved that two hundred copies of the report be
printed, and that it be n:ade the special order for next Thursday,
July 16, 1868, at ten o'clock.

Carried.

Mr. Bledsoe offered the following declaration :

DECLARATION

Authorizing the Police Court of Dallas county to levy a special

tax, etc

Whereas, Several citizens of the county of Dallas have memo-
rialized this Convention to pass an ordinance autliorizing the Police
Court of said county to levy and collect a tax of five thousand dol-
lars in specie, to be expended under the direction of said court in re-
moving obstructions in the Trinity river, between the town of Dallas
and the m.outh of East Fork; and

AYnEREAS, The citizens of the town of Dallas have signified their
willingness that one-third of said tax shall be paid by those owning
property within the corporate limits of said town ; and

V\'iiEiiEAS, The enterprise is of great impcrtanceto the citizens of
the town and county of Dallas, and should be encouraged ; there-
fore,

Be it declared by the delegates of the people of Tc.vas^ i/i Con-
vention assembled. That the Police Court of the county of Dallas
be and is hereby authorized to levy and collect a tax of five thousand
dollais in specie upon all property in Dallas county subject to ad
valorem taxation : the said tax to be assessed upon the schedule or
lists rendered to the Assessor for the year 1868; said money to be

284 EECo:srsTRUCTiON convextion journal.

expended under the direction of the Police Court in removmg ob- "
structions, in the Trinity river between the town of Dallas and tJie
mouth of East Fork ; Provided, that one-third of the amount shall
be collected from the property situated within the corporate limits of
the town of Dallas : And provided further, that the tax levied shall
not be more than twenty cents on each hundred dollars, except on
property within the corporate limits of the town of Dallas, which
may be taxed as high as sixty cents for each hundred dollars.

Be it further declared, That a certified copy of this declaration,
signed by the President and countersigned hj the Secretary, be lor-
warded to the said Police Court, and that this declaration take effect
from and after its passage.

On motion, the declaration was referred to the Committee on In-
ternal Improvements.

Mr. Bledsoe presented a memorial from Dallas county, respecting
the navigation of the Trinity river, and asked its reference to the
Committee on Internal Improvements :

MEMOPJxVL.

To the Honorable President and Members of the Constitutional Con-
vention, now in session at the city of Austin :

Your memorialists, citizens of the county of Dallas, respectfully
represent unto your honorable body that the recent arrival of the
steamboat Job Boat No. 1, Captain J. H. McGarvey, master, at the
town of Dallas, establishes the fact that the Trinity river can be suc-
cessfully navigated from the city of Galveston to the town of Dallas
for six months annually, \>j the expenditare of a small sum of money
in removing snags, leaning timber, and other obstructions between
the town of Dallas and the mouth of East Fork. An experienced
steamboatman of twenty years' practice has proposed to the citizens
of Dallas county to remove all the obstructions in tlie river betvreen
the above designated points, so that boats of sufilcicnt capacity to
carry five hundred bales of cotton can run the river to Dallas for
four months of the year, for the sum of five thousand dollars in
specie. A project promising advantages so great to every depart-
ment of industry and enterprise sliould demand the especial atten-
tion, not only of the people of Dallas county, but of the whole State.
The benefits flowing to tiie people of Dallas county from the success
of such an enterprise are not to be measured or estimated by the
small sum proposed to be expended ; in fact they are beyond enume-
ration. To the State, of opening up to successful navigation a

RECONSTRUCTION CONVENTION JOURNAL. 285

Stream penetrating her interior a distance of seven hundred miles
from her seaboard, securing the I'apid settlement of millions of acres
of rich and fertile lands by thrifty and entcrj)rising emigrants, which
are now lying idle and yielding Imt little revenue to the State, and
none to the OAvner. The saving in the single item of pine lumbei- in
one year will fourfold restore the amount expended, beside the atl-
vantage of tlie great reduction of prices in the items of salt, sugar,
iron and other articles of necessary consumption. The immense
pineries of the counties of Anderson, Houston and Walker, almost
valueless in their present condition, remain standing because of the
slow and expensive means of transportation to the prairies, where
every description of. pine lumber is in constant demand. I^favigation
to Dallas three mouths annually would reduce the price of pine
lumber one-half thereby bringing it witiiin the reach of every farmer
to supply hiiaiself for the improvement of his farm and home.

To raise this money by private contribution would natuially be-
come onerous upon those who are determined on the success of the
enterprise, while those, for reasons whether selfish or otherwise, re-
fusing to contribute, would reap an equal benefit. Therefore your
memori.-ilists are iiupressed that a m.orc proper and just coarse would
be to levy a sufiicient tax upon the property in Dallas county to
raise the sum of five thousand dolhu-s in specie, and as the citizens
in the town of Dallas have signified their willingness, let the tax be
so levied that one-third of the whole amount shall be paid by those
owning property within the corporate limits of said town.

Your memorialists are aware that more properly tliis petition
should be presented to the Legislature when it assembles, but the de-
lay of such a course would compel the loss of the advantages of at
least one season, and perha.ps more, the importance ol which needs
only to be mentioned to command its reason. Feeling that you will
not hesitate to act in a public enterprise of so much magnitude, and
especially when those to be burthencd are asking the action, we there-
fore ask your honorable body to pass an ordinance authoriziiig the
Police Court of Dallas county to levy and collect a tax of five thou-
sand dollars in specie upon all property in Dallas county subject to
ad valorem taxation, the said tax to be assessed upon the schedule
or lists rendered to the Assessor for the year 1868; said money to be
expended under tb.e direction of the Police Coart in removihg the
obstructions in the Trinity river between the town of Dallas and the
mouth of East Fork. Provided, that one-tJiird of the amount siiall
be collected from the property situated within the corporate limits of
the town of Dallas ; and provided turther, that the tax levied shall
not be more than twenty cents on each hundred dollars, except on

286 EECONSTEUCTION CONVENTION JOURNAL.

property within the corporate limits of the town of Dallas, which
may be taxed as high as sixty cents for each hundred dollasr.
Dallas, Texas, June 4, 1868.

Ben. Long, Clerk District Court; M. Therenet, Deputy District
Clerk ; J. A. Freeman, John Davis, Henry Notzli, Jacob Vogel,
Henry Brannon, Wesley Brannon, John Poindexter, J. Pinckney
Thomas, Henry Ball, John Ball, John F. Barbier, Wm. A. Hartze,
Joshua Addington, John L. Pyles, H. C. Caldwell, D. J. Capps,
Thomas J. Brown, W. W. Peak, T. A. Wilson, J. J. Applin, L.
Vengeiriderbeek, Ed. C. Browder, J. B. Louchre, J. H. VVilson,
J. W. Galbreath, M. G. Pitts, T. J. Pitts, Howard Mercer, R. D.
Jones, F. F. Green, Thos. S. Moore, R. N. Daniel, B. B. Howell,
Daniel Cornwell, Thos. H. Nance, John King, Sam. King, J. Beak,
Jas. Galbreath, A. J. Goriffe, Otto Frick, F. L. Behng, L. P. Haus-
ger, Jacob Vogel, Julien Preverchon, Wm. Jackson, Jacob Tiler,
James C. Miller, S. H. Beeman, F. L. Churignon, J. D. Keaton, N.
T. Johnson, W. A. Harwood, J. M. Braun, E. W. Field, A. L. Car-
nett, Martin Rigg, Wm. Irwin, Wm. B. Cole, S. Mayer, Wm. A.
Riggs, W. H. Saunders, F. Davis, Wm. D. Watters, E. T. Myers,
R. L. Sears, Frank M. Cox, Newton Hutchen, W. VonGronderbeek,
Alexius Barbier, F. Priot, G. Poitevin, J. Nussbaum, M. Livy, J.
McCommas, Chas. 0. Viigard, Allen Collins, N. B. Owen, R. B.
Gannaway, Jas. Winters, E. G. Bowen, J. K. P. Record, Nat. M.
Burford, T. G. T. Kendall, H. W. Ragsdale, J. M. Richards, Jona-
than Petty, J. W. Bumpass, A. Pemberton, W. L. Hall, J. W. Eve-
rett, Jas. 0. Thomas, John D. Kerfoot, W. Mays, John Chenault,
J. T. Coin, J. W. Cobb, T. B. Scott, H. L. Hicks, S. S. Jones,
Sam. Dunaway, Isaac Jones, Enoch Strait, J. M. Martin, Isaac B.
Webb, W. D. Chapman, Daniel Bates, Joseph Bigler, Raleigh C.
Martin, R. D. Caughaman, Jas. H. Field, J. C. Drake, jr., W. F.
Flewellen, D. J. Ellis, J. M. White, Chas. R. Pryor, E. E. Russell,
John P. Isbell, S. B. Stone, J. J. Beeman, J. M. Pruitt, J. W. Miller,
H. C. Smidt, Amos McCommas, W. J. Pruitt, F. N. Humphreys,
J. P. Beeman, L. B. Sands, F. F. Ball, Tom Johnson, Jim McCo-
mas, Andrew Pruitt, John Chenault, J. H. Smith, T. J. Jackson,
J. Jeffries, Lewis Pyles, G. L. Blewett, J. T. Corcoran, J. R. Fan-
dren, J. B. Lowry, Geo. White, W. T. Gill, G. ,W. Hatter, Sam
Uhl, A. S. Clark, N. R. Fondren, George Masier, W. Cotton, John
Caudle, R. S. Grey, Wra. Waters, John Harvey, Jerry Snow.

The President announced the hour had arrived to take up the re-
port of the Committee on Federal Relations upon the motion of Mr.
Mills to cede the county of El Paso to the United States.

RECONSTRUCTION CONVENTION JOURNAL. 287

Mr. Degener moved to refer the subject to the Committee on the'
Division ot" the State.

Mr. Tliomas moved that tlie wliolc matter under consideration he
postponed and made the special order of the day fur the first day of
October, 1868, at ten o'clock.

Upon whicli the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bollinger, Blcd.soe, Board, Bryant of Gray-
son, Carter, Coleman, Curtis, Degener, Downing, Evans of McLen-
nan, Evans of Titus, Glenn, Hunt, Keigwin, Kuechler, Leib,
Lippard, Long, Morse, Mullins, ISewcomb, Patten, Rogers, Smith
of Galveston, Thomas, Wilson of IMilam — 31.

Nays — Messrs. Brown, Burnett, Cole, Constant, Flanagan, W,
Flanagan, Fleming, Foster, Gaston, Gray, Grigsby, Hamilton of
Travis, Harris, Harne, Johnson of Calhoun, Johnson of Harrison,
Jordan, Kealy, Kendal, Kirk. Ijindsay, McWashington, Mills, Muck-
leroy, Mundine, Munroe, Pedigo, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Ruby, Schuetze, Scott, Slaughter, Smith
of Marion, Stockbridge, Varnell. Vaughan, "Watrcus, Whitmore,
AVilliams, Wilson of Brazoria, Wright, Yarborough — 44.

So the Convention refused to postpone.

On motion of Mr. Armstrong, of Jasper, Mr. Kirk was indefin-
itely excused from attendance upon the Convention.

The question recurring upon Mr. Degener's motion to commit the
subject to the Committee on Division of the State,

The Convention agreed to the motion.

The President announced the business in order was upon the mo-
tion of Mr. Mills to reconsider the vote postponing indefinitely the
consideration of the report of the Committee on Division of the
State.

Mr. Degener moved a call of the House.

Seconded.

Mr. Degener moved a suspension of the call.

Carried.

Mr. Hamilton, of Travis, moved a call of the House.

Seconded.

]\Ir. Evans, of McLennan, rai&ed a point of order, viz : ihkt a
majority of the Convention cannot suspend the call of the House.

The President decided that a call of the House could be suspend-
ed by a majority thereof From which decision Mr. Evans, of
McLennan, appealed. And upon the question being put, " Shall
the decision of the President stand as the decision of tlie House,"
the Convention sustained the decision of the President.

288 RECONSTRUCTION CONVEN^TION JOURNAL.

Mr. Sumner moved a call of the House.

Seconded.

Mr. Hamilton, of Travis, moved an adjournment till Monday
morning, at nine o'clock, upon which the jeas and najs were called
and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Bell, Bellinger, Carter,
Cole, Coleman, Fleming, Glenn, Gray, Grigsby, Hamilton of
Travis, Harne, Johnson, of Calhoun, Long, McCormick, Morse,
Muckleroy, Mundine. Rogers, Scott, Smith of Marion, Stock-
bridge, Vaughan, Williams, Wilson, of Brazoria. — 25.

Nays — Messrs. President, Adams, Armstrong, of Lamar, Bled-
soe, Board, Brown, Bryant, of Grayson, Biiffington, Burnett,
Con,stant, Curtis, Degener, Downing, Evans, of McLennan, Evans
of Titus, Fayle, Flanagan, W. Flanagan, Foster, Gaston, Harris
Hunt, Jordan, Kealy, Keigwin, Kendal, Kuechler, Leib, Lindsay
Lippard, McWashington, Mills, Mullins, Munroe, Newcomb, Oaks
Paiten, Bedigo, Phillips, of San Augustine, Phillips of Whanon
Posey, Buby, Schuetze, Slaugliter, Smith, of Galveston, Sumner
Talbot, Thomas, Varnell, Watrous, Whitmore, Wilson of jNiilam
Wright, Yarborough. — 54.

So the motion to adjourn was lost.

Mr. Mullins moved the call of the House be suspended, upon
which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President. Armstrong, of Jasper, Armstrong, of
Lamar, Brown, BufSngton, Burnett, Carter, Constant, Curtis, Deg-
ener, Downing, Evans, of McLennan, Evans, of Titus, Fayle,
Flanagan, Foster, Gaston, Glenn, Plarris, Hunt. Jordan,
Kendal, Kuechler, Leib, Lippard, Long, McCormick, McWashing-
ton, Mills, Muckleroy, Mullins, Mundine, Munroe, Newcomb,
Oaks, Patten, Pedigo, Phillips, of Wharton, Bogers, Euby,
Schuetze, Slaughter, Smith, of Galveston, Sumner, Varnell,
Vaughan, Watrous, Whitmore, Williams, Wright, Yarborough.
— 5i.

Nays — Messrs. Adams, Boll, Bellinger, Bledsoe, Board, Bryant,
of Grayson, Cole, Coleman, W. Flanagan, Fleming, Gray, Grig.sby,
Hamilton, of Travis, Harne, Kealy, Keigwin, Lindsay, Morse,
Phillips, of San Augustine, Posey, Scott, Smith, of Marion,
Std'ckbridge, Talbot, Thomas, Wilson, of- Brazoria, Wilson, of
Milam.— 27.

So the call of the House was suspended.

The question i-ecurring : " Shall the vote indefinitely postponing
the consideration of the report of the Committee on Division of the
State be considered? " the yeas and nays were demanded, and re-
sulted thus :

RECONSTr.UCTION CONVENTION JOURNAL. 289

Yca53 — I^.iessrs. President, Adnms, Armstrong of Larear, Bled-
soe, Board, Brown, Buffington, Burnett, Carter, Constant, Curtis,
Degenor, Downing, Evans, of McLennan, Evans, of Titus, Fayle,
Flanagan, W. Flanagan, Foster, Harris, Hunt, Johnson, of Cal-
houn, Jordan, Kealj, Kendall, Kuechler, Leib, Lippard, Long,
Mc Washington, Mullins, Munroe, Ncwcomb, Oaks, Patten, Pedigo,
Phillips, of Wharton, Rulw, Schuetze, k-la'ightcr, Smith, of Gal-
veston, Smith, of Marion, Varncll, Yaughun, Whitmore, Williams,
Yarbor ough — 4 7 .

Nays— Messrs. Armstrong, of Jasper, Bell, Bellinger, Bryant,
of Grayson, Cole, Coleman, Fleming, Gaston, Glenn, Gray, Grigsliy,
Hamilton of Travis, Harne, Keigwin, Lindsay, McCormick, Mills,
Morse, Mundine, Phillips, of San Augustine, Posey, Rogers, Scott,
Stockbridge, Sumner, Talbot, Thomas, Watrous, Wilson, of Bra-
zoria, Wilson, of Milam, Wright — 31.

So the vote was reconsidered.

Mr. Pedigo moved the subject be made the special order for
Wednesday, July 13, at ten o'clock.

Lost.

Mr. Degener moved to make it the special order for Monday, at
ten o'clock, upon which the yeas and nays were called.

Pending the vote, the Convention under the rules adjourned till
Monday morning, at nine o'clock.

CAPITOL, AUSTIN, TEXAS,
July 13, 1868.
Convention met pursuant to adjournment.
Roll called. Quorum present. Prayer by the Chaplain.
Journal of yesterday read and adopted.

Mr. Smith, of Galveston, presented a petition from H. Rodefeld,
and asked its reference to the Committee on General Provisions.

To the Honorable Convention of .the State of Texas,

Now in Session at the City of xVustin.

The petition of Henry Rodefeld, a resident citizen of the county
of Galveston, and State of Texas, respectfully represents :

That your petitioner, 'on the day of 18G1, at

the city of Galveston, in said State, intermarried with one Cather-
ine Cordes ; that said Catherine lived with your petitioner for about
three months, and then left his home, being impelled thereto by an
aberration of intellect, amounting to insanity ; that as her husband
and protector, your petitioner sought her out and compelled her to

290 EECONSTRUCTIOISr CONVENTION JOURNAL.

return to bis home and protection ; that subsequentlj the said Cather-
ine became completely insane, and with the consent of your peti-
tioner was placed in charge of her brother, to whom she was very
much attached; that in the year 1862, her insanity assumed such a
serious shape, and seemed so hopelessly permanent and incurable,
that she was consigned to the Asylum at the city of Austin, provi-
ded for insane persons, and that since said year 1862, she has re-
mained in said Asylum, in the same condition as to mind as when
she was placed there, and without any hope on the part of petitioner,
or her relations, that her reason will ever be restored.

Your petitioner further says that since his intermarriage with the
said Catherine Cordes, he has learned that before his marriage with
her, she was often and frequently insane, but that she had intervals
of apparent soundness of mind ; of which fact your petitioner was
wholly ignorant at the time of his marriage with her.

Your petitioner further states that the said Catherine^ at the time
of his marriage with her, had such an interval of apparent sound-
ness of mind as to entirely and perfectly deceive him as to the con-
dition of lier mind ; so much so as to induce him to believe that the
said, Catherine had been during her whole life, of sound mind, and
especially that she was of sound mind at the time of her marriage
with your petitioner ; and'your petitioner, under this beliei", entered
into said marriao;e Avith the said Catherine.

And your petitioner is advised by counsel learned in law, and he
so believes, that if the said Catherine had such a lucid interval of
soundness of mind at the time of said marriage, as v/ould have ren-
dered her competent to enter into and make a valid contract, then
the said marriage was valid and binding upon your petitioner, for
the reason that the consent required by law to make a valid con-
tract in such an event was given, and that his marriage contract with
the said Catherine would be held valid in such an event, even though
she had been frequently insane before her marriage, and subse-
quently became wholly insane.

And your petitioner further states that such was the character of
the lucid interval or period of soundness of mind of the said Cather-
ine, at the time of marriage, that it would be impracticable, if not
impossible, to prove conclusively to the satisfaction of a jury, that
she was of such unsound mind at the time of marriage as to render
her incompetent to enter a valid marriage contract.

Your pctitioacr is further advised by counsel, and so believes, that
he is ^vithout relief or remedy either in the Legislature or in the
courts of the country, by enacting or decreeing a divorce, for the
following reasons, to wit :

RECONSTRUCTION CONVENTION JOURNAL. 291

1. The Constitution of the State prohibits the Legislature from
granting divorces. — .1/'^ VII., Sec. 18. of the CunslUulion.

2. The courts of the country have not ])ecn invested with the
power to grant divorces on account of insanity. — ySee Article GOT,
Q. cj- W. Digest.

3. Though at Common Law a marriage contract is void if at ihe
the time of marriage one of the contracting parties is of such un-
sound mind as to render him or her incompetent to enter into a valid
contract, and the courts have the power to declare such mariiage
contracts void on the ground of want of capacity to consent in such
party. But, as already stated, if such contracting p;irty, at the
time of marriage, was of such sound mind as to be competent to
contract, then such marriage is valid, though such party was insane
before the marriage, and subsequently became permanently insane.
And it has been already stated that the said Catherine was, at the
time of said marriage, of such apparent soundness of mind as to be
competent to enter into a valid contract, and that it would be im-
practicable, if not impossible, to prove satisfactorily to the
contrary.

Wherefore your petitioner respectfully submits that he, being
■without relief or remedy in the Legislature or courts of the country,
presents an equitable case for the interposition of the extraordinary
powers of this Convention in his behalf. Wherefore he prays that
the honorable Convention do ordain and declare that the bonds of
matrimony between your petitioner and the said Catherine Cordes
be forever dissolved.

All of which is respectfully submitted.

H. RODEFELD.

The State of Texas, j
County of Galveston. \

Before the undersigned, Edward T. Austin, a Notai-y Public in
and for said State and county, this day came and appeared Henry
Rodefeld, to me personally well known, who having been by me
duly sworn upon oath, said the facts set forth in the foregoing
memorial and petition, are true,, and at the same time, in my pre-
.sence, subscribed said memorial and petition.

To certify all of which, I hereto subscribe my official signa-
ture as" such Notary Public, and affix my seal of
office at the city of Galveston, Texas, this the sixth
day of July, A. D., 18G8.

EDWARD T. AUSTIN,
Notary Public for Galveston County.

292 eeconstructioisr convention journal.

Texas State Lunatic Asylum,

July 10, 1888.
Mrs. Catherine Rodefeldj lunatic, in this institution, was stated
to have been insane five years at the time of her admission into t]ie
Asylum, June, 1862, constituting now a period of eleven yeavs ;
and while most medical superintendents regard cases of insanity of
over one year's standing very doubtful of recovery, experience has
sbovai that some cases of protracted insanity do recover ; yet our
prognosis in the case of Mrs. Catherine Rodeield is unf ivorable to
a cure, or mental amelioration.

B. GRAHAM, M. D.,
Superintendent Lunatic Asylum.

The State of Texas,
County of Galveston.
The undersigned having been duly sworn upon oath, say that
Catherine Cordes, wife of Henry Rodefe'd, was, before her mar-
riage to him, in 1861, often and frequently insane — that is, out of
her right mind ; and that after his marriage to her she became com-
pletely insane, and is now, as we are informed and believe, confined
in the Insane Asylum, at Austin, Texas, as hopelessly insane.

M. MARI WALSTEIN.
Sworn to and subscribed before me at Galveston, this 20th day of
June, 1868.

Witness mj hand and notarial seal this 20th daj^ of June. 1868.
[L. S.] EDWARD T. AUSTIN,

Notary Public, for Galveston county.

State of Texas,
County of Galveston.
The undersigned, citizens of the State of Texas, and county of
Galveston, certify that we have known Henry Rodefeld for the last
ten years, as a citizen of said State and county ; tha.t he has ahvays
promptly discharged his duties as a- good and loyal citizen to the
United States and to the State of Texas, and would tavorably re-
commend him to the co;isidcration .of the Conventioji now in session,
at the city of Austin, Texas, in the matter of his application for a
divorce from his wife, Catherine Rodefeld, now confined in the In-
sane Asylum, at Austin, as hopelessly insane.
H. Mauritz, John Schmidt,

K. P. Broekerson, Adam Wallstein,

H. C, L. Asdrofi-, Christ Werner,

H. Rosenberg, ' Henry Muller,

Peter Bock, Louis Sgriess,

BECONSTRUCTION CONVENTION JOURNAL. 293

C. A. KaulTman, A. Sagraj,

M. fccbuittcrle, Peter Dunluk,

R. B. Dorwell, P. Noeiiis,

Hiram Close, L. Wernberg,

G. A. Jones, H. Muller,

Geo. Plitt, H. Wedemeyer,

Pli. Werdebrergson, J. Prosslur,

F. Klauss, W. Grcve,
— . Rottshafer, F. Thiesfeldt.

G. ScJnvarzbark, Jose Gonzales y Martinez,
H. Korp, John Hajes.

Samuel \\'allsteiu, W. Welitz,

Gorg Piluger, John Westerlage, City ^larslial.

State op Texas,
CoLWTY OF Galveston.
"We, the undersigned, citizens and residents of said State and
county, hereby certify under oath that we have known Henry
Rodefeld, as a citizen of said State and county, for several years
past ; ihfit he is an honest, hard-working man, and makes a living
by draying in the city of Galveston, Texas ; and that, according to
our best information, judgment and belief, all his property in this
State and elsewhere does not exceed in value the sum of tlu-ee bun-
dled dollars.

GEORGE PORSELL,
LOUIS WEIMBCRG,

Subscribed and sworn to before me this 6th day of July, 1(S<>8.

Witness my hand and notarial seal this 6th clay of Julv. 1868.

[L. S.J ■ EDWARD T. AUSTIN,

Notary Public, for (jralveston county.

The State of Texas,
County of Galveston.
I, Henry Rodefeld. of said State and county, upon oath say that.
I am now and for a long time have been making my living by driv-
ing a dray, in the city of Galveston, Texas, and that all my proper-
ty and nicaus in this State and elsewhere does not exceed in value
the sum of three hundred dollars.

H. RODEFELD.
Subscribed and sworn to before me this 6th day of ^hily. L)6o.
Witness my hand and notarial seal this 6th clay of Julv. 1868,
[L. S.] EDWARD 'T. AUSTIN.

Notary Public, for Galveston county.

294 EECONSTEUCTION CONVENTION JOURNAL.

Mr. Evans, of McLennan, Cbairnian of the Committee on Fed-
eral Relations, made the following report :

Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Fedeial Relations, to whom was referred a
declaration introduced bj Mr. Vaughan, of Guadalupe county, and
a declaration inti'oduced bj Mr. Hunt, of Comal county, both look-
ing; to a reco2;nition of the services of those citizens of Texas who
participated as soldiers in the armies of the United States in the
suppression of the late rebellion, ask permissiot) to report to this
body : That in view of the fact that this Convention has no money
at its control, save perhaps the amount necessary to meet the actual
expenses of the body : they have substituted the declai-ation of Mr.
Hunt, which proposes bounties in land, for the declaration of Mr.
Vaughan, proposing bounties in money to said soldiers.

After making this sul)stitution and carefully examining the pro-
visions thereof, we have concluded to embody tlie same in a substi-
tute, and ask that it be adopted by this Convention.

Your Committee are entirely aware that the donations now proposed
are mere pittances, not enough to excite the cupidity of the most
devoted public economist, or to be considered any real compensation
to those to whom they are given. Yet such donritions conptitutc a
recognition of the services of those citizens, v.'hich will be very
grateful to them, their families and friends.

We think it safe to affirm that no men, in any age or country,
and under similar circumstances, ever exhibited a purer patriotism,
or a more devoted self denial, than did those citizens of Texas who
left their all behind them — their flxmilies to insult and contumtdy —
their property to the avarice and prej^ of " Receivers '' atid " Confis-
cating Judges," and their names to be handed down to infamy as
" renegades," in case the rebellion was a success, and boldly follow-
ed the true flag. A night of treason rested on the land of their
homes. The flag under whose segis they were born was trailing in
the dust in the South, and had met reverses in battle ; yet, amid
the desolation of the hour, they were fiim. Such devotion— such
love of country challenges our admiration and demands our recogni-
tion, and we recommiOnd it to be given in acts that live and breathe.

Your Comm.ittee do not intend or mean to cast obloquy upon other
sons of Texas by a recognition of these. No, we would rather
"strew flowers upon tlie graves'' of the Confederate dead. We
would remember and cherish their virtues, rather than inflict pain
upon the feelings of their friends, admirers, and relatives ; and we
know it is the desire of this CommitteCj and in fact of all good

RECONSTRUCTION CONVENTION JOURNAL. 295

men; soon to hava an opportunity to see and mark a devotion as
tnio and noble, to the old flag of their country, on the part of the
late erring sons of Texas, as they gave to the " Lost Cause."

But no feelings of this nature can induce the withholding of
justly merited compliment and recognition. A grateful country
and people will wipe from the land of those men, and their wives,
and their children, the word ''renegade," and write instead thereof
the talismanic woids, " noble sons of Texas."

We will add our aid, if needs be, to have it written in histo-
ry, upon tablets of stone, and in the hearts of our people, that de-
votion to the flag of the United States can never bring reproach to
the devotee.

A. J. EVANS,
Chairman of the Committee on Federal Relations.

Whereas, During the late rebellion, many persons residing in
Texas took up arms, and did good services in the armies of the
United States, as members of the First and Second Regiments of
Texas Cavalry, and in other organizations ; and

Whereas, Tlie State of Texas has never heretofore recognized
the services of these men in any public manner, as has been done by
all tlie other States of the Union, as to their soldiers ; and

Whereas, These soldiers of Texas in the Union armies have been
mercilessly slandered in tKeir good names, and plundered in their
property ; be it, therefore, declared :

Section 1. That every officer and soldier, a resident of Texas at
the time of volunteering, and who served as officer, non-commissioned
officer, or jn'ivate, in the First and Second Regiments of Texas Cav-
alry, Union forces, or in otlier organizations of Union forces, during
the late rebellion, and who died in the said service, or were honor-
ably discharged, shall receive a bounty of land from the State of
Texas, as follows : Those who served for a period of six months, or
\e<-i. shall receive eighty acres of land ; those who served for a period
of six months or over, and less than twelve months, shall receive one
hundred and sixty acres of land ; those who served a period of twelve
months, or over, shall receive three hundred and twenty acj es of
land.

Sec. 2. That the Commissioner of the General Land Office of
Texas shall issue to the persons entitled thereto, under this declara-
tion, the ec'.tificates herein named, upon the presentation, to liim. of
the authenticated discharge of the person claiming the same; and in
case of a loss of said discharge, or a failure to get it, or the death of
the applicant before discharge, said certificates for land shall be

296 KECONSTRUCTION CONVENTION JOUP.NAL.

issued ujDon a compliance with such rules as the Commissioner of
the General Laud Office may make, which he is authorized to do.

Sec. 3. The wife, children, or mother and father, or any of them,
according to the laws of descent and distribution of the State of
Texas, shall take and receive the bounty, herein granted, of any
officer, non-commissioned, or private, who may have died without
receiving the same ; provided^ that no officer or soldier, a resident of
Texas at the time of his entering the service, and who entered organ-
izations other than the said First and Second Texas Cavalry, Union
forces, and received a bounty in money or land from any State gov-
ernment or individual fund, other than the United States bounty,
shall be entitled to the bounty given by this declaration.

Sec. 4. The b^ounty here given shall not be subject to the debts of
grantee: and the said certificates, in case of death, shall issue
dii'ectiy to the wife, children, or father and mother of the decedent,
and may be located upon any public domain in Texas.

Sec. 5. That the commanders, or any of the field officers of the
First and Second Texas Cavaliy, are hereby authorized to procure
from the Secretary of War of the United States, a true copy or
copies of the muster rolls of their regiments, and file the same in the
Executive office of the State of Texas.

Ssc. 6. That this declaration be in force from its passage.

Mr. Lindsay, from the Executive Committee, made the follovfing
report :

To the Hon. E. J. DAVIS,

PresJdeut of the Convention of the State of Texas:

Sir : The Executive Committee instructs me to report to the Con-
vention, through you, the accompanying plan (marked A), for the
Executive Department of the Government of the State of Texas.
It was the unanimous opinion of the committee, that it was the best
plan they could suggest, after all the deliberation which they have
been able to give to the subject. It will be found to conform, in all
its main features, to the Republican principles embodied in most of
the State constitutions, and in the Constitution of the United States,
differing only in som.e of it" details from the constitutions adopted in
other States.

The committee ask that the plan l)e printed, laid upon the table of
members, and its consideration ])e made the special order of the Con-
vention for some pa-tic ■.!!; da\ .

L. LINDSAY,
Chairman of the Executive Committee.

RECONSTRUCTION CONVENTION JOURNAL. 297

EXECUTIVE DEPARTMENT.

Section 1. The Executive Department of the State shall
consist of a Chief Magistrate, who shall be styled 'he Governor ;
a, Lieutenant Governor ; a Secretary of State ; a Comptroller of
Pu1)lic Accounts ; a Treasurer ; a Commissioner of the General
Liind OITice ; an Attorney General ; and a Supcviutcudent of Public
Instruction.

Sec 2. The Governor shall bs elected by the qualified vo'^ers of
the State, at the time and places at which they shall vote for Repre-
sentatives to the Legislature.

Sec 3. The returns for every election of Governor shall be made
out, sealed up, and transmitted by tlie returning oiiicers to the seat
of Government, directed to the Speaker of the House of Represen-
tatives : who shall, during the first week of the session of the Legis-
lature thereafter, open and publish them, in the presence of. both
Hou333 of the Le'/isiature. Tiie person halving the highest number
of votes, and being constitutionally eligible, shall be declared by the
Speaker, under the direction of the Legislature, to be Governor ;
but if two or more persons shall have the higiiest and an equal
number of votes, one of them shall be fortlnvith chosen Governor,
by a joint vote of ])oth Houses of the Legislature. Whenever there
shall be a contested election for the office of Governor, or of any of
tl;e Executive officers to be elected by the qualified voters of the
State, it shall be determined by the joint action of both Houses of
the Legislature.

Sec 4. The Governor sliall hold his office for the term of four
years from the time of his instalment, and until his successor shall
be duly qualified. He shall be at least thirty years of age. a citi-
zen of the United States, and a resident of the State of Texas at
the time of the adoption of this Constitution ; or shall have resided
m the State one year immediately preceding his election. He shall
be inaugurated on the first Thursday after the organization of the
Legislature; or as soon thereafter as practicable.

Sbc 5. The Governor :-liall, at stated times, receive a compensa-
tion for his services, -w^hich shall not be increased or diminished dur-
ing the te' m for which he may have been elected. His annual
salary shall be five thousand dollars, until otherwise provided by
law.

Sec 6. He shall be Commander-in-Chief of the Militia of the
k t;ire. exi'( pt when tney are called into the actual service of the
United States.

Sec 7. He may, at all times, require information in writing
from ail the officers of the Executive Department on any subject

298 EEC0X3TRUCTI0N CONVENTION JOURNAL.

relating to the duties of their offices ; and he shall have a general
supervision and control over them. He shall have the power of
removal of each of said officers for misfeasance, malfeasance, or
nonfeasance; but the reasons and the causes of such removal shall
be communicated in writing bj him to the Senate at the first meet-
ing of the Legislature which occurs after such removal, for its
approval or disapproval ; if disapproved bj the Senate, it may res-
tore the displaced incumbent by a vote of that body. If a vacancy
occurs in any of the Executive offices, by death, resignation, or
removal, or from any other cause, during the recess of the Legis-
lature, the Governor shall have power, by appointment, to fill such
vacancy ; which appointment shall continue in force till the succeed-
ing session of the Legislature, when he shall communicate such
appointment to the Senate for confirmation or rejection. If it be -
confirmed by the Senate, the tenure of office shall continue until the
regular return of the periodic election of such officer.

Sec. 8. He shall have power, by proclamation, on extraordinary
occasions, to convene the Legislature at the seat of Government ; or
at any other place, if the prevalence there of a dangerous disease,
or the presence of the public enemy should make it necessary. He
shall also have power to adjourn the Legislature to such time as he
thinks proper, whenever the two Houses shall disagree upon the
question of adjournment; Provided, however, that such adjourn-
ment shall not be made to a period beyond the day of the next regu-
lar session of the Legislature.

Sec. 9. He shall, from time to time, give to the Legislature in-
formation in Avriting of the state of the Government, and recom-
mend to their consideration such measures as he may deem ex-
pedient.

Sec. 10. He shall take care that the laws be faithfully executed.

Sec. 11. In all criminal cases, except treason and impeachment,
he shall have power, after conviction, to grant reprieves and par-
don ; and under such rules as the Legislature may prescribe, he
shall have power to remit fines and forfeitures. With the advice
and consent of the Senate, he may grant pardons in cases of treason;
and to this end, he may respite a sentence therefor until the close of
the succeeding; session of the Leirislature.

Sec. 12. The Governor, by and with the advice and consent of
the Senate, shall appoint a convenient number of Notaries Public,
not exceeding six, in each county, who, in addition to the duties
usually attached to such office, sha,ll discharge such other duties as
may, from time to time, be prescribed by law.

Sec. 13. Nominations to fill vacancies, occurring in the recess of
the Legislature, shall be made by the Governor during the first ten

RECONSTRUCTION CONVENTION JOURNAL. 290

days of its session. And should anj such nomination be rejected,
tiic same person shall not again be nominated during the ses-iion to
fill the same office.

Sec. 14. During the sessions of the Legislature, the Governor
shall reside •where its sessions arc held ; and at all other times at the
cai)ital, except when, in the opinion of the Legislature, the public
good may otherwise retiuirc.

Sec. 15. No person, holding the office of Governor, shall hold
any other office, or commission, civil or military.

Sec. 16. At the time of the election of a Governor, there shall
also be elected by the qualified voters of the State, a Lieutenant Gover-
nor, possessing the same qualifications as the Governor, and who
shall continue in office for the same period of time. He shall, by
vii'tue of his office, be president of the Senate ; and shall have,
when in Committee of the Whole, the right to de1)atc and vote on
all questions ; and when the Senate is equally divided, to give the
c:isting vote. In case of the death, resignation, removal from office,
inability, or refusal of the Governor to serve; or of his impeach-
ment, or absence from the State, the Lieutenant Governor shall ex-
ercise the powers and authoi-ity apjjertaining to the office of Gover-
nor, until another be chosen at the periodical election, and beTluly
qualified ; or until the Governor, impeached, absent, or disabled,
sb-all be acquitted, return, or his disability be removetl.

Sec. 17. Whenever the Lieutenant Governor shall become the
acting Governor, or shall be unable to preside over the Senate, that
body shall elect, from its ov/n members, a President for the tim.e
being. If, during the vacancy in the office of Governoi', the Lieu-
tenant Governor shall die, resign, refuse to serve, be removed from
office, or be unable to serve ; or, if he be impeached, or absent from
the State, the President of the Senate for the time l)cing shall, in
like manner, administer the government, until he shall be superseded
by a Governor, or Lieutenant Governor. The compensation of the
Lieutcivint Governor shall bo the same as that of the Speaker of
tlie Mouse of Representatives, and no more: and Avhile acting Gov-
ernoi;, the same compensation as the Governor would receive for a
like period of service in his office, and no more. The President of
tlie Senate for the time being, if called upon to administer the gov-
ernment, in any of the contingencies enumeiated, shall be entitled
to the portion of the salary of the Governor due for the time of
such service. If the Lieutenant Governor, while acting Governor
b}" succession, shall die, resign, or lie absent from the State, during
the recess of the Legislature, it shall be the duty of the Secretary
of State to convene the Senate for the purpose of choosing a Presi-
dent of the Senate for the time beiu'j;.

300 EBCONSTSUGTION CONVBNTIO:';' JOUEISTAL.

Sec. 18. There shall be a Secretary of State, appointed by the
Guveruor, by and with tbe advice and consent of the Senate ; who
shall continue in office durina; the term of service of the Governor
elect. He shall keep a fair register of a,il official acts -and proceed-
ings of the Governor, and shall, when required, lay the same, with
all papers, minutes and vouchers relative thereto, before the Legis-
lature or either House thei'oof, and shall perform such other duties
as may be required of him by law.

Sec. 19. There shall be a seal of the State, which shall !)e kept
by the Governor, and used by hini officially. The seal shall be a
star of five points, encircled by an olive and live-oak br.mches, and
the words " The State of Texas."

Sec. 20. All commissions sliall be in the name and hj the author-
ity of the State of Texas, be sealed with the State seal, signed by
the Governor, and attested by the Secretary of State.

Sec. 21. There shall be a Comptroller of Pablic xiccounts elected
by the qualified voters of the State, at tije same time and in the
same manner as the Governor is elected, and having the same quali-
fications, who shall hold his office for the term of four years. He
shall superintend the fiscal, aSairs of the State ; give instructions
to tbe Assessors and Collectors of the taxes, settle with thorn far
taxes, take charge of all escheated property, keep an accurate ac-
count of all moneys paid into the Treasury, and of ail lands
escheated to the State ; publish annually a list of delinquent Asses-
sors and Collectors, and dem;>.nd of them an annual list of all tax-
payers in their respective counties, to be filed in his office, keep all
the accounts of the State, audit all the claims against the State,
draw warrants u]jon the Treasurer in favor of the public creditors,
and perform such other duties as may be prescribed by law.

Sec. 22. There shall also be a Treasurer of the State, elected at the
same time of the election of G-overnor, having the same qualifica-
tions as the Governor and Comptroller of Public Accounts ; who
shall hold his office for the same period of time. He shall receive
and take charge of, all public money p;iid into tlie Ih-easury ; counr
tersign all warrants drawn by the Comptvollo-r of Public Accounts ;
pay off the public creditors upon the w;'.n'ants of the Comptroller
of Public Accounts; and perform all such other duties as may be
prescribed by Liw.

Ssc. 23. A Commissioner of the General Land Office shall be
'elected by the qualified voters of the State, at the same time, and
in Lue same manner, as the Governor, Comptroller of Public Ac-
counts, and Treasurer shall be elected, who shall hold his office for a
liL'e period of time, and sliall possess the same qualifications. He
shall be the custodian of the archives of the land titles of the State;

RECONSTKUCTION CONVENTION JOURNAL. SOI

tlic rop;isier of till land titles hereafter granted ; and shall perform
all siicli other duties as nv.iy be re(.[niiefl by law.'

Sbo. 24. There shall also be a Superintendent of Public Instruc-
tion, whose duties shall be defined hy law. He shall be appointed
by nomination of the Governor to the Senate for confirmation. He
s!:all liold his office for the term of four years.

►Sfic. 25. There shall be an Attorney General of the State, hav-
ing; the same qualif cations as the Governor, Lieutenant Governor,
Comptroller of Public Accounts, Treasurer and Secretary of State ;
v>-ho shall be appointed by the Governor, v/ith the advice and con-
sent of the Senate. He shall hold his office for the term of four
years. He shall reside at the cipitol of the State during l;is tci m
of office. He shall represent the interest of the State in all suits,
or pleas, in which tiie State may be a ];)nrty : superintend, instruct,
and direct the official aciion of the District zVttorneys, so as to secure
all fines and forfeitures, all escheated estates, and all public moneys
to be collected by suit ; and he shall, when necessary, give legal ad-
vice in writing to all officers of the government, and perfonn such
otlier duties as may be recjuired by law.

Sec. 26. The Secretary of State, Comptroller of Public Accounts,
Trctsurer, Commissioner of the General Land Office, Attorney Gen-
eral and Supc'rintendent of Public Instruction, shall receive for their
services the annual salary now fixed by law ; and Avhich shall neither
be increased nor diminished, during their continuance in office.

Sec. 27. Should a vacancy occur in either of the offices men-
tioned in last section, (Sec. 26 of this Art.,) by death, re-ignation,
or otherwise, it shall be filled by appointment by the Governor, if
iu the recess of the Legislature, and referred by him to the Sejiate,
on its subsequent assembling, for confirma.tion. If the Senate be
in session when such vacancy occurs, then the Governor shall nomi-
nate some fit person to that body to fill oat the unexpired term of
the office.

Sec. 28. An Assessor and Collector of the Revenue of the State
shall be appointed by the Governor, b}' and with the advice and con-
sent of the Senate, in each county of the State. He sliall be at least
twenty-five years of age ; a citizen of the United States, and a resi-
dent of the State, and of the county in which he may be appointed,
for one year liefore his appoiritment ; and he shall hold his office for
the term of four years. He may be removed by. the Governor for
sufficient reasons, filed by the Comptroller of Public Accounts in the
office of the Secretary of State. When such removal takes place,
or a vacancy, for any other cause, occurs in this office, in the recess
of the Legislature, the Governor sliall fill it by appointment for

802 RECONSTIIUCTION CONVENTION JOURNAL.

the unexpired term. He shall receive such compensation as may
be prescribed bj law.

Sec. 29. Every bill which shall have passed both Houses of the
Legislature, shall be presented to the Governor for his approval. If
he approve, he shall sign it ; but if he disapprove it, he shall return
it with his objections to that House in which it originated, which
House shall enter the objections at large upon the journals of tlie
House, and proceed to reconsider it. If, after such reconsideration,
two-thirds of the members present shall agree to pass the bill, it
shall be sent with the objections to the other House, by which it
shall likewise be reconsidered. If approved by two-thirds of the
members present of that House, it shall become a law ; but, in such
cases, both Houses shall determine the question by yeas and nays,
with the names of the members respectively entered upon tJie jour-
nals of each House. If a bill shall not be returned by the Gover-
nor within five days, (Sundays excepted) after it shall have been
presented to him. it shall become a lavv^, in like manner, as if he had
signed it. Every bill presented to the Governor one day before the
final adjournment of the two Houses, and not signed by him, shall
become a law, and shall have the same force and effect as if signed
by hiiu. The Governor may approve any appropriation, and disap-
prove any other appropriation, in the same bill, by signing the l)ill,
and designating the appropriation disapproved, and sending a copy
of such appropriation, with his objections, to the House in which it
, originated ; and the same proceedings shall be had as on other bills
disapproved by him ; but, if the Legislature shall have adjourned
before it is returned, he shall return it, with his objections, to the
Secretary of State, to be submitted to both Houses at the succeed-
ing session of the Legislature.

Sec. 30. Every order, resolution, or vote, in which the concur-
rence of both Houses shall be required, except the question of ad-
journment, shall be presented to the Governor, and must be approved
by him before it can take effect ; or, being disapproved, shall be
repassed in the manner prescribed in the case of a bill,

Mr. Lindsay moved the reading be dispensed with.

It was agreed to.

]\Ir. Lindsay moved a suspension of rules to consider report.

Kules suspended.

On motion, the report was made the special order of the day for
Monday, July 20th inst., at ten o'clock.

Mr. Whitmore, from the Committee on General Provisions, made
the following reports :

RECONSTRUCTION CONVENTION JOURNAL. 303

To the Eon. E. J. DAVIS,

President of the Convention :

Committee Room,

July 11, 1868.

Sir : The Committee on General Provisions of the Constitution
of the State, to whom Vv^as referred a resolution requesting the com-
mittee to inquire into the propriety of engrafting in the Constitution
of the State a provision re(|uiring the Legislature to levy a special
road tax, have had the same under consideration, and request me to
report the same back to the House, and recommend that it do not
pass.

WHITMORE,

Chairman.

Committee Room,
July 11, 18G8.
Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on General Provisions of the Constitution,
to whom was referred a declaration by Mr. Newcomb, re(;ucsting the
committee to inquire into the propriety of engra(ting in the Consti-
tution of the State of Texas, a provision to entitle all children born
out of wedlock, in law and fact to be entitled to the property of their
parents, have had the same under consideration, and request me to
report the same back to the House and recommend that it do not
pass,

WHITMORE,

Chairman.

r»

Committee Room.
July 11, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : The Committee on General Provisions of the Constitution,
to whom was referred a resolution by Mr. Bryant, asking the repeal
of certain railroad charters, etc., etc., have had ti;e same under
consideration, and request me to report the same back to the House,
and request that they be referred to the Committee on Internal
Improvement.

WHITMORE,

Ciiairman.

304 rbco:t3tructiok convbn'tiox journal.

Committee Room,

Julj 11, 1868.
Hon. E. -J. DAVIS,

President of the Convention:
Sir : The Committee on General Provisions of the Constitution,
to -sT^Iiom was referred a resolution by Mr. Varnell, requesting the
committee to inquire into the propriety of authorizing the Legisl.v
ture to prohibit the sale of intoxicating liquors in certain prescribed
limits of colleges, academies and seminaries of learning, to be passed
bj the Legislature, except at county sites or State capitols, have had
the sam.e under consideration, and request me to report the same
back to the House, and recommend its passage.

WHITMORE,

Chairman.

Mr. McCormick, from Committee on Contingent Expenses, made
the following report :

Committee Room,
July 13, 1868.
Hoir, E. J. DAVIS,

President of the Convention :
Sir : The Committee on Contingent Expenses instruct me to
report the accompanying resolution in reference to making a su1)stan-
»tial record of the journals of the Convention, whicli is respectfully
submitted.

A. P. Mccormick,

Chairman.

Resolved, That the Secretary of the Convention be and he is
hereby authorized and required to have the journals of the Conven-
tion inscribed in a bound volume, such as is commonly used in
recording deeds, and said Secretary shall receive the sum of twenty
cents for every hundred words of said journals so inscribed, in
addition to his per diem pay.

Mr. Harne offered the following declaration :

Be it resolved, That the following shall be a section of the
Constitution :

Section. — Whereas, the freedom of speech and the freedom of
the ballot box in Republican government are the great safeguards
of human liberty; therefore it is made the duty of the Legislature
to provide for the punishment of persons, who by force, threats,
fraud, rewards or promise thereof, interfere with the freedom of

RECONSTRUCTION CONVENTION JOURNAL. 305

speech or the freedom of votino; at any public election; and the
punishment thereof, upon conviction, shall be the deprivation of ever
after voting or holding office, and such other punishment as may be
prescribed by law.

On motion, the declaration Avas referred to the Committee on
Legislative Department. '

Mr. Smith, of Galveston, offered the following declaration :

An ordinance to dissolve the bonds of matrimony between Henry
Rodcfeld and Catherine Rodefeld, of Galveston, Texas.

Whereas, The petition of Henry Rodefeld, of Galveston,
Texas, presents a peculiar case, not provided for by the laws of
Texas, and sufficient cause for dissolving the bonds of matrimony
existing between him and his wife.

It is ordained^ by the people of Texas iii Convention assem-
bled, That the bonds of matrimony between the said Henry Rode-
feld and Catherine Rodefeld, formerly Catherine Cordes, be and the
same are forever dissolved.

On motion the declaration was referred to the Committee on Gen-
eral Provisions.

Mr. Bell offered the following declaration, and asked its reference
to the Committee on Internal Improvements,

DECLARATION

To incorporate the Bellville, Hempstead and Brazos Bridge Com-
pany.

Be it declared by this Convention :

Section 1. That J. G. Bell, and such other persons as he may
associate with himself, are hereby incorporated under the name of
the " Bellville, Hempstead and Brazos Bridge Company,"' and
under such name shall sue and be sued, and have succession for
thirty years.

Sec. 2. Said Company shall have the right to construct a bridge
of iron or wood across the Brazos river, at or near a point where
a straight line from the town of Bellville to the town of Hempstead,
in Austin county, Texas, crosses the Brazos river.

Sec. 3. Said Company shall construct said bridge in a good and
substantial manner, within five years from the first day of January,
A. D. 1869 ; and shall keep the same in good repair for the term of
thirty years from the completion thereof; and to be ready at all
times to pass all passengers, carriages, wagons, teams and stock that
may wish to cross on said bridge; and be responsible 03 common
20

806 HECOXSTRUCTIOK CONVENTION JOURNAL.

carriers under the law for any loss of property in transit over said
bridge.

Sec. 4. That said company shall be entitled to charge and re-
ceive, from the completion of said bridge, for the term of thirty
years, the following tolls, from all persons who may cross them-
selves, or their property, '*viz: four-horse or ox stage, or wagon,
loaded, fifty cents ; for six-horse or ox stage or wagon, loaded, sev-
enty-five cents ; and for each additional pair of horses, mules, or
oxen, attached to said wagons, twenty-five cents; for man and
horse, fifteen cents ; single horse and buggy thirty cents ; two-
horse buggies, two-horse or ox wagons, fifty cents ; other vehicles in
proportion; footman, five cents; cattle, five cents per head ; hogs,
sheep and goats, t^vo cents per head ; and other property not men-
tioned in p]'oportion to the above rates.

Sec. 5. That no other bridge shall be constructed across the said
Brazos river for the space of thirty years, vfithin five miles, on a
straight line up and down said Brazos river fiorn said bridge, which
said Beilville, Hempstead and Brazos Bridge Company may con-
struct ; and that this declaration be and have effect from its pas-
sage.

Mr. Lindsay moved a suspension of the reading thereof.

Carried.

Mr. Coleman offered the following preamble and resolution :

Whereas, Rumors and reports are in circulation to the effect that
the various departments of the State government, in Austin, are
filled with employes who were enemies of the United States, and,
in some instances, are still hostile to the government thereof; and
to the reconstruction of the State under the laws of Congress;
therefore, in order that such " rumors and reports " may not
circulate to the detriment of the heads of the various departments,
and that misrepresentation and injustice may not prevail, be it

Resolved^ by the People of the State of 'Texas in Convention
assembled, That His Excellency E. M. Pease, Governor of Texas,
be and he is hereby respectfully requested to inform this Convention
of the number of clerks and other employes in the General Land
OflfiGe, Comptroller's aud Treasurer's Offices; how many of them
have taken the oath of July 2, 1862 : how many of them served in
the armies or departments of the so-called Confederacy; how many
of them are honorably discharged soldiers or sailors of the United
States, and how many of them are in political unison with the gov-
ernment that pays them.

Laid over one day.

Mr- Vaughan offered the following resolution :

Whereas, A lai-ge amount of the time of each session of the

RECONSTRUCTION CONVENTION JOURNAL. 307

Legislature of the State of Texas is consumed in incorporating
railroad, manufacturing and other similar companies ; and

Whereas, Hundreds of thousands of dollars are squandered of
the people's monej to galvanize railroad adventurers ; and

Whereas, The tendency of such legislation is to organize a rail-
road interest that will control the legislation of this State, and make
all other interests subservient to this groAving stupendous combina-
tion ; therefore,

Be if enacted by the people of Texas in Convention assem-
bled, That no special grants or charters shall hereafter be made to
railroad companies ; but the Legislature of the State of Texas, when
assembled, shall provide a general railroad internal improvement
and manufacturing law, under which all who have the means to con-
struct roads, or engage in works of internal improvement, or manu-
facturing, can do so.

On motion the resolution was referred to the Committee on Inter-
nal Improvements.

Mr. Schuetze offered the following resolution, and asked its
reference to the Committee on Political or Legislative.

Mesolced, That a special committee be appointed and instructed
to visit the Blind Asylum and Deaf and Dumb Asylum, with a
view of inquiring into the propriety of admitting into either or both
of these institutions, such number of indigent orphans as could be
received therein for education and maintenance, on the expense of
the State, until an orphan asylnm can be established.

Referred to the Committee on Political or Legislative.

Mr. Harne offered the following resolution :

Whereas, The intemperate use of intoxicating liquors is one of
the great evils of the age, and the source of most crimes and blood-
shed ; therefore, be it

Resolred, That the following shall be a section of the Constitu-
tion :

Sec. — . It shall be the duty of the Legislature at its first ses-
sion after the adoption of this Constitution, to pass laws necessary
and proper to prevent the use of intoxicating liquors on public elec-
tion days, and the punishment may extend to the deprivation of the
riglit to vote and hold office, and such other punishment as may be
prescribed by law.

On motion the resolution was referred to the Committee on Legis-
lative Department.

Mr. Smith, of Galveston, offered the following resolution :

Resolved, That the Speci:il Committee on the Removal of Political
Disabilities be directed to remove from the list the name of A. P.
Wiley, of Galveston county.

308 RECONSTRUCTION CONVENTION JOURNAL.

On motion the resolution was referred" to the Special Committee
on Political Disabilities.

Mr. Watrous offered the following declaration :

Be it declared by this Convention, That the following be a sec-
tion of the Constitution of the State of Texas :

That no person who shall deny the being of Almighty God, or
the Divine authority of the Holy Bible; or who shall hold religious
opinions incompatible with the treedom or safety of the State, shall
be capable of holding any office, or place of trust or profit, in any
civil department.

On motion the declaration was referred to the Committee on Gen-
eral Provisions.

Mr. Evans, of McLennan, in the chair.

Mr. Davis, of Nueces, offered the following resolution :

RULES TO BE INSERTED AFTER THE 32d RULE.

No member shall speak more than once on any subject before the
Convention at the same stage thereof; and on any question, except
the final passage of a resolution or declaration, or the engrossment
or amendment thereof, no member shall speak for more than ten
minutes.

Further, it shall not be in order to propose a special suspension of
this rule.

Mr. Flanagan moved a suspension of rules to take up the resolu-
tion.

Rules suspended.

Mr. Davis, of Nueces, moved the consideration of the resolution
be postponed until Wednesday, July 15, at ten o'clock.

Carried.

Mr. Evans, of Titus, moved that Mr. Mullins be added to the
Committee on Lawlessness and Violence, upon which motion the
yeas and nays were demanded, and resulted thus :

Yeas — Messrs, President, Adams, Armstrong of Jasper, Bell,
Bellinger, Brown, Bryant, of Grayson, Buffington, Burnett, Deg-
ener, Evans, of McLennan, Evans, of Titus, Flanagan, W. Flana-
gan, Fleming, Foster, Gaston, Glenn, Harris, Harne, Johnson,
of Calhoun, Jordan, Kealy, Keigwin, Lindsay, McCormick, Mills,
Morse, Muckleroy. Mundine, Munroe, Pedigo, Phillips, of San
Augustine, Phillips, of Wharton, Posey, Kogers, Scott, Stock-
bridge, Varnell, Vaughan, Whitmore, Wilson, of Brazoria, Wright,
Yarborough — 43.

Nays — Messrs. Bledsoe, Board, Bryant, of Harris, Carter, Cole-
man, Constant, Curtis, Downing, Fayle, Grigsby, Hamilton, of

RECONSTRUCTION CONVENTION JOURNAL. 809

Travis, Hunt, Johnson, of Harrison, Kendal, Kueclilcr, Leib,
Lippard, Long, Mackej, Mc Washington, Newcomb, Oaks, Patten,
lluhy, Schuetze, Slaughter, Smith, of Galveston, Smith, of Marion,
Sunnier, Thomas, Watrous, Williams, Wilson of Milam — 33.

So Mr. Mullins was added to the Committee.

Mr. Degener moved that Mr. Evans, of Titus, be added to the
Committee on Political and Legislative.

Carried.

The President announced the business in order was the report of
the Committee on Division of the State.

Mr. Flanagan moved that the substitute to the report offered by
Mr. Hamilton, of Travis, be laid upon the table.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

The question recurring upon the motion of Mr. Flanagan, the
jeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Bell,
Board, Bryant of Harris, Buffington, Carter, Curtis, Degener,
Downing, Evans, of McLennan, Evans, of Titus, Fayle, Flanagan,
W. Flanagan, Gaston, Glenn, Harris, Ilunt, Johnson, of Harrison,
Jordan, Kcigwin, Kendal, Kuechler, Leib, Lippard, Long, Mc-
Cormick, Morse, Mucklcroy, Mullins, Mundine, Munroe, New-
comb. Oaks, Patten, Phillips of Wharton, Ruby, Slaughter, Smith,
of Galveston, Stockbridge, Talbot, Watrous, Whitmore, Williams,
Wilson of Brazoria, Wilson of Milam, Yarboroush — 49.

Nays — Messrs. Armstrong, of Lamar, Bellinger, Bledsoe,
Brown, Bryant of Grayson, Burnett, Cole, Coleman, Constant,
Fleming, Foster, Gray, Grigsby, Hamilton of Travis. Harne,
Johnson of Calhoun, Kealy, Lindsay. Mackey, McWashington,
Mills, Pedigo, Phillips, of San Augustine. Posey, Rogers, Schuetzo,
Scott, Smith, of Marion, Sumner, Thomas, Varnell, Vau^'han,
Wright— 33.

So the substitute was laid upon the table.

Mr. Degener moved the following as a substitute to the original
report :

A Declaration, from the Committee 07i the Division of the
iStafe, for the erection of two new States out of the Territory
of the State of Texas :

Whereas, There is now pending in the Congress of the Ignited
States, the following bill to provide for the erection of two addi-
tional States of the Territory of the State of Texas, and

Whereas, Experience has proved that the great size of the State

310 RECONSTRUCTION CONVENTION JOURNAL.

is one of the greatest obstacles to the enforcement of law and the
maintenance of order, and that the Government of a State so large
cannot be economically administered ; and

Whereas, The welfare, happiness and prosperity of the people
require a division of the State into at least three States,

Therefore, he it ordained, That we the people of Texas, in
Convention assembled, do hereby declare, that we concur in the plan
proposed by Congress in the following bill :

A Bill to provide for the erection of two addttio?ial States out
of the Territory of the State of Texas, and for other

purposes.

V/hereas, The people of the State of Texas desire to erect out
of the Territory of said State two additional States of convenient
size ; and

Whereas, The people of the said State of Texas, in pursuance
of an act of Congress passed March two, eighteen hundred and
sixty-seven, entitled, "An act for the more efficient government of
the rebel States," and of the several acts supplementary thereto,
have elected delegates to a Convention to form a Constitution of
government for the said State of Texas ; and

Whereas, It is desired that the two additional States to be formed
out of the Territory of the said State of Texas, be respectively
bounded and named as follows — that is to say : That all that part of
the Territory of the said State of Texas situate and embraced
within the following lines, viz : Beginning at a point in the middle
of the channel between Galveston Island and Bolivar Point, thence
through Galveston Bay to the mouth of the San Jacinto river, up
the San Jacinto river to its confluence with the eastern fork of the
San Jacinto, thence up said eastern fork with- the western bounda-
ries of the counties of Liberty and Polk, thence north to the Trinity
river, thence uj) said Trinity river to the mouth of the Bois d' Arc
or East Fork of the Trinity, thence up said East fork to the northwest
corner of the county of Kaufman, thence north to the southwest
corner of Fannin, thence north with the western border of Fannin
to Red River, thence down said river to the eastern boundary of tlie
State of Texas, thence south with the eastern boundary of the
State to the Gulf of Mexico, thence west across the gulf to the
point of beginning, be erected into a new State, to be known by the
name of the State of East Texas ; that all that part of the Terri-
tory of said State of Texas situate and embraced withm the follow-
ing described limits, viz : Beginning at a point in Pass Cavallo,
midway between the island and peninsula of Matagorda, thence

RECONSTRUCTION CONVENTION JOURNAL. 311

through IMatagorda hay to the Colorado river, thence up said
Colorado river to where it id intersected hy parallel tlm-ty-two n<jrth
latitude, thence due west to the Rio Grande, thence down said Rio
Grande to the Gulf of INIexico, thence through the Gulf, of jMcxi:..>
to the point of beginning, be erected into a new State, to be called
and known by the name of South Texas ; and that all the residue
and remainder of the Territory of the said State of Texas be known
by tlie name of the State of Texas : Therefore,

Skc. 1. Be it enacted by t lie Senate and House of Represeuta-
iivcs of the United States of America in Congress asemhled^ That
whenever the said delegates shall be assembled in Convention, the
said delegates to said Convention shall organize and form themselves
into tliree respective Conventions, each of said Conventions respect-
ively to be composed of the delegates respectively residing wilhin
the respective limits of the proposed States as bounded and described
in the preamble to this act.

Sec. 2. And he it farther enacted^ That the said respective
Conventions shall be organized and conducted, in all respects, as
near as maybe, in accordance with the provisions of said act, entitled
"An act for the more efficient government of the rebel States," and
the acts supplementary thereto ; and tliat when the people of any
one of the said proposed States shall have formed a Constitution of
State government in conformity with the Constitution of the United
States in all respects, framed by the Convention thereof; and when
such Constitution sh.all be ratified by the voters thereof in accord-
ance with said acts ; and wlien such Constitution shall have been
sulimitted to Congress for examination and approval, and Congress
shall have approved the same; and when said State by a vote of
its legislature, elected under said Constitution shall have adopted
the amendment to the Constitution of the United States proposed
by the thirty-ninth Congress, and known as article fourteen, said
State shall be declared entitled to representation in Congress, and
Senators and Representatives shall be admitted therefrom on their
taking the oath prescribed by law.

Sec. 3. And be it further enacted, That the said respective Con-
ventions shall provide, by ordinance or otherwise, for elections for
representatives in Congress, members of State Legislature, Governor
and otlier Stiite officers, to be held at the same time, in the said pro-
posed States respectively, as that for voting upon the adoption or
rejection of the said Constitutions respectively : Provided, that the
aggregate number of representatives from the proposed three States,
shall be the same that the State of Texas was entitled to in the year

312 RECOISrSTEIICTION CONVENTION JOURNAL.

eighteen hundred and sixty, to be divided among the said three
States in proportion to the population of each respectively.

Sec. 4. We further declare, That the President of this Conven-
tion, be and is here])y instructed, to forward by telegraph to the
President of the Senate and to the speaker of the House of Repre-
sentatives of the United States a full copy of these declarations.

Mr. McCormick moved to reconsider the vote by "which the sub-
stitute of Mr. Hamilton of Travis, was laid upon the table.

The President decided that Mr. McCormick's motion was not in
order.

Mr. Hamilton, of Travis, appealed from the decision of the Chair.

Mr. McCormick moved a call of the House.

Call sustained.

Mr. Evans, of McLennan, moved that the Sergeant at Arms be
dispatched for absent members, and that the fees for arrest be
assessed by the Convention.

Mr. Burnett moved a suspension of the call of the House, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong, of Jasper, Arm-
strong, of Lamar, Bledsoe, Board, Brown, Burnett, Carter, Cole-
man, Degener, Evans, of McLennan, Evans, of Titus, Fayle, Flan-
agan, Foster, Gaston, Glenn, Harris, Hunt, Johnson, of Calhoun,
Jordan, Kuechler, Leib, Muckleroy. Mullins, Mundine, IMunroe,
Newcomb, Oaks, Patten, Phillips, of Wharton, Ruby, Schuetze,
Smith, of Galveston, Varnell, Watrous, Whitmore, Williams,
Wright, Yarborough — 41.

Nays — Messrs. Bell, Bellinger, Bryant, of Grayson, Bryant, of
Harris, Buffington, Cole, Constant, Curtis, Downing, W. Flanagan,
Fleming, Gray, Grigsby, Hamilton, of Travis, Harne, Johnson, of
Harrison, Kealy, Keigwin, Kendal, Lindsay,- Lippard, Mackey,
McCormick, Mc Washington, Mills, Morse, Pfdigo, Phillips of San
Augustine, Rogers, Scott, Slaughter, Smith, of Marion, Sumner,
Talbot, Thomas, Vaughan, Wilson, of Brazoria, Wilson, of
Milam— 38.

So the House suspended the call.

Mr. Lindsay moved a call of the House.

Call sustained.

The absentees wore brought in by the Sergeant at Arms.

Mr. Evans, of McLennan, moved that the absentees be discharged
without paying any fees, pending which motion the Convention
adjourned until to-morrow morning at 9 o'clock.

RECONSTRUCTION CONVENTION" JOURNAL. 313

CAPITOL- AUSTIN, TEXAS,
July 14, 1868.

Convention met pursuant to adjournment.

Roll callod. Qiioram prosont. Prayex' bj the Chaplain. Jour-
nal of yesterday read and adopted.

The President announced the following communications from His
Excellency Governor E. M. Pease and Geo. C. Rives, Esq., Acting
Comptroller of the State ; also, a communication from Brevet Major-
General J. J. Reynolds, commanding the District of Texas.

Executive Office,

Austin, July 13, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : I transmit herewith the copy of a letter received at this
office this morning, from the Acting Comptroller of Public Accounts,
which I respectfully request may be laid before the Convention.
Very respectfully.

Your obedient servant,

E. M. PEASE.

Comptroller's Office,

Austin, Texas, July 13, 1868.

His Excellency E. M. PEASE, Governor of Texas :

Sir : I have the honor to acknowledge the receipt of your com-
munication of the eleventh instant, transmitting a copy of a resolu-
tion of the Convention, making an appropriation to procure a frame
for the portrait of General Sam. Houston, and asking if I feel
authorized, under the resolution, to draw a warrant on the treasury
for the amount of the appropriation, in the event that you make a
contract with any one to furnish the frame.

I reply that I do not feel authorized to pay any money upon the
order of the Convention, unless the same meets the approval of the
Commanding General, and he shall order the payment to be made.

It cannot be held that the framing of the portrait of General Sam.

314 EECONSTRUCTIOM CONVENTION JOURNAL.

Houston is properly chargeable to the contingent expenses of the
Convention.

Very respectfully,

Your obedient servant,

GEO. C. RIVES,

Acting Comptroller.

Headquarters District of Texas,
Austin, July 13, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : I have the honor to transmit herewith the information called
for by your honorable body, in a resolution passed July 3, 1868.
I have the honor to remain, sir.

Very respectfully,

Your obedient servant,

J. J. REYNOLDS,
Brevet Maj. Gen. U. S. A., Commanding.

Comptroller's Office,

Austin, Texas, July 10, 1868.

Brevet Major-General J. J. REYNOLDS,

Commanding District of Texas :

Sir : I have the honor to transmit herewith all the statements
asked for by the following resolution of the Constitutional Conven-
tion:

Resolved, That Brevet Major-General J. J. Reynolds, command-
ing the District of Texas, be, and is hereby respectfally requested to
cause the Comptroller of Public Accounts of Texas to prepare and
transmit, for the use of this Convention, the following statements and
information, to-wit :

First. Statement showing the assessment of taxes in each county
in the State, for the year 1867.

Second. Estimate of cost of collection of taxes under existing
laws.

RECONSTRUCTION CONVENTION JOURNAL. 315

Third. Amount collected upon assessment of 18G7.

Fourth. Statement of the different accounts, showing the receipts
from the fourth of Septeml^er, 18G7, and the balances in the different
kind of funds standing at credit of each account on the thirty-first of

May, 1868.

Fifth. Statement of warrants drawn by the Comptroller upon the
Treasurer, during the period commencing September 4, 1867, and
ending May 1, 1868.

Sixth. Statement of public debt.

Seventh. Reports of railway companies made to Comptroller under
act of February 7, 1853.

Eighth. Statement showing tlie present indebtedness of each rail-
road company to the State : and, also, vrhat amount of interest lias
been paid ; when and in what kind of funds paid ; and amounts
remaining unpaid.

Ninth. Statement of amounts paid for asylums, from their estab-
lishment to June 1, 1868, and in what kind of funds paid.

Tentk. Statement of amounts paid for Penitentiary, from its estab-
lishment to June 1, 1868, and in what kind of funds paid.

Eleventh. Statement showing the amount and character of funds
paid for school lands during the existence of the rebellion.

I have the honor to be,

Your obedient servant,

GEORGE C. RIVES,

Acting Comptroller.

316 RECONSTRUCTION CONVENTION JOURNAL.

TABLE

Statement showing the Assessment made in

LAND.

NAME OF COUNTY.

Lying in the Countj.

Lying out

Acres.

Value.

Acres.

Anderson

Angelina

Atascosa

Austin

411871
115395

62819
461163

99588
276827
320147
502961
548485

36509
100938
256891
556044
142946

17042
249081
131040
220613
210796
640
1741589

75178
427444
254350

$748997

170978

61630

1746313

63113

917354

122395

765161

745695

56858

210513

346658

1758761

473368

8328

610129

232330

594176

206933

160

359250

124702

725521

188517

348051
82658
14723
67355

Bandera

640

Bastrop

142584

Bee

Bell

32051
242250

Bexar

1284285

Blanco

•16160

Bosque

Bowie

40934

25620

Brazoria

428551

Brazos

64050

Brown

Burleson

Burnet

Caldwell

Calhoun

144432

13708

126253

189126

Callahan . ;

Cameron

"'"50^88
68344

Chambers

Cherokee

Clay

45117

Coleman

Collin

Colorado

Comal

Comanche

314362

247814

203101

20235

1144450

1255890

438879
20368

97790
253164
166465

RECONSTRUCTION CONVENTION JOtfRNAL.

317

each County in the State foi' the year 1867.

TOWN LOTS.

HORSES.

of the County.

Value.

Number.

Value.

•

$310073

^63486

3604

$198301

53456

8125

1282

78005

18451

4900

6426

157632

100817

153881

6577

258207

420

3685

450

11314

149868

172118

6788

206634

27553

5747

6651

135753

230241

67789

12867

373895

994682

2359810

10263

229817

. 13657

5026

2747

61715

43228

14713

6633

200346

26913

22520

1727

73673

489308

144050

4898

179263

87545

122613

2870

121816!

2258
5444

14257
185716

183644

26483

19324

13230

2537

77425

107425

51660

5010

148750

144642

813761

1411

82027

8821

506190

6253

66045

50395

1750

1928

35438

153633

32437

3956

220498

251

12624

10970

411320

* - 127531

69550

245195

193960

5712

186545

113017

194590

4726

89415'

6019

295

142351

818 EBCONSTRUCTION CONVENTION JOURNAL,

Statement showing the Assessment made in

NAME OF COUNTY.

Concho . . .
Cooke . . . .
Coryell . .

Dallas

Davis . . . .
Denton . . .
DeWitt.. .
Eastland. .

Ellis

El Paso . .
Erath . . . .

Falls

Fannin . . .
Fajette. . .
Fort Bend
Freestone .
Galveston .
Gillespie. .
Goliad ...
Gonzales. .
Grajson . .
Grimes . .
Guadalupe
Hamilton .
Hardin . .
Harris . . .
Harrison. .

Hays

Henderson
Hidalgo . .
Hill

LAND.

4153

^620

144876

292591

376178

405510

1016184

1542235

385772

603850

328964

691667

196726

594856

4480

945

259183

842581

38681

47856

32843

50106

414148

812287

427532

1160541

383464

2100322

188669

865944

178076

539487

128235

711300

179718

222238

177177

228930

333807

773213

333481

1428455

327118

1482914

247390

676053

208259

84256

183179

265633

495038

1959614

415950

1240864

107024

272030

177253

273794

878020

190450

338034

581212

50154

47048

147818

22293

25899

102544

'""86855

"""1675

25685
154620
322418
174033

33961
1968371

35270

63088
153527

81051
192932
185590
640
4283
948834
163071

45426

36245

"60574

RfiCONST RUCTION CONVENTION JOURNAL- 319

each County in the State for the year 1867 — Continued.

TOWN LO TS.

H0RSE3.

of the County.

Value.

Number.

1
Value.

Value.

6^360

1^81271

$20260

4216

136760

450-40

11400

6514

208535

217319

128285

14100

511005

27642

11300

1676

111075

36300

42895

10706

382498

105541

20880

9030

221266

200

45360

39
11556

1965
402149

83618

96534

319

12590

2454

7985

1137

40845

27262

33877

8434

264242

317138

64005

9296

328369

382094

306094

78o8

302452

236664

117042

5779

202275

84207

34887

4097*

180263

2521630

8130215

1600

88355

43505

71684

1417

40735

62079

126624

9644

197232

171400

191064

11554

281824

152813

102229

9128

324080:

260200

173515

6027

270402

192224

. 103579

12209

299154'

400

3811

874

23569

3867

2018

1058

30252

1152064

3880803

4812

147878

153220

271837

2362

235086

47057

36844

7505

1925051

42824

16820

2185

1071731

2700
10302

5384
10547

56300;
3087691

83268

820 EECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

NAME OF COUNTY.

Hood ....
Hopkins . .
Houston . .
Hunt ....

Jack

Jackson . .
Jasper . . .
Jeff'T-on. .
Johnson . .
Jones ....
Karnes . . .
Kaufman .
Kendall . .

Kerr

Kimble . . .
Lamar . . .
Lampasas .
Lavaca . . .

Leon

Liberty. . .
Limestone .
Live Oak .
Llano ....
McCulioch
McLennan
Madison . .
Marion . . .
Mason .
Matagorda
Medina . . .
Menard. . .

LAND.

Lying in the County. Lyhig out

Acres.

202936
290455
545009
283240

220058
152077
135004
120854
163701
301043
247066

80868

80878

984

413445

40982
283614
259578
669199
402038
130442
248466
320
195780
119148
136047

21700

433977

238316

640

Value.

1837613
521592

1026285
540972

870569
155817
197368
832264
112917
255457
456316
121767

43464

1060

1389106

67672
725382
468774
594764
675402

71014
237224
520
852968
202118
471061

17430

715206

199723

1384

Acres.

14292

23134

576511

35965

106656

32741

101750

47768

71449

10144

5054

72215

98539

99455

83217

107198

100590

19866

15062

5831

68779

17112

76130

164242
18704

HECONSTRUCTION CONVENTION JOURNAL. 321

each County in the State for the year 1867 — Continued.

TOWN LOTS.

HORSES.

of the Couutj.

Value.

Number.

Value.

P7034
26049

493532
54219

$910
46929
54580

19708

3790
5374
S624

10422

$118670
194117
211684
315594

114574

53782

11992

30916

108813

3190

3508

88795

96465

6420

8504

96199
249653

35480
92902
10418
10116

24863

39790

30225

3188

11844
7766

1387

334

7925

1021

7427

4852

3706

9106

6940

692

229

10507

3090

807

294

3294

1467

251294

252963

33830

10303

2000

314762

39830

201770

167050

99962

289484

147027

26485

11350

325525

127793

54712

9890

96857

31086

3075

109278

77235

107595

65008

149962

127112

18599

9437

8274

73564
15140

34725

21120

125220

22275

7685

2543

72123
13477
97047

184967

12230

518930

200834
24758

79269
73793

322 RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

LAND.

NAME OF COUNTY.

Lying in the County.

Lying out

Acres.

Value.

Acres.

Milam

Montague

175130

228901
405418

$423147
207441
643881

73065
1265

Montgomery

Nacoo'doches

92616

Navarro

298535
257091
603295
48650
228702
255404
166461
486241

863745
232464
274519
49160
125753
474123
427941
788113

i45815

Ne'.Tton

Nueces

Orange

58785
74045
62618

Palo Pinto

Panola

Parker

Polk

Presidio

2194

'"662746

124845

Red River . .

Refuffio

335100
250121
225184
441293
150410

819934
107780
679287
1044117
157921

109136
92574

Robertson

72277

Rusk

Sabine

'"'52105

San Auofuatine

San Patricio

San Saba

235745

46173

90103

260991

371460

1061246

149961

198256

640

80293

71430

39319

350515

895835

178202

98514

592694

320

67187
9151

Shackelford

Shelby

Smith

Starr

Stephens

"'"37528
110512
154094

Tarrant

Taylor

62078

Titus

447434
524170

851472
1283070

10656

Travis

1609655

RECONSTRUCTION CONVENTION JOURNAL. 323

each County in the State for the year 1867 — Continued.

TOWN LOTS

HORSES.

of the County.

Value.

Number.

Value.

$134240

2117

91356

$16692

4498

60610

5531

404

1520

$152434
17943
93492

168558

41953

37315

48343

5408

46867
6900
160929
35G85
12539
17136
72234
29521

12107

834

15568

983

315

2149

5126

2178

412807

47055

243425

20090

15780

138794

202723

112165

395435
151470

161428

75656
89525

86342
25616
21305
87750
10633

3563

6866

2744

4125

939

163566
9S434

119875

289105

58474

37847

41975

7748

7982
6861

4995
612

75268
29798'

30832

135356
23174

9460

102774

54450

100

39764

« 1642

3673

8503

117

10117

108962
224987
104311
4805
356143

62966

15783
1528341

44131
1039400

3886
9046

182531
279048.

324 RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

NAME OF COUNTY.

Trinity . . . .

Tyler

Upshur ....
Uvalde . . . .
Van Zandt.
Victoria . . .

Walker

AVashington
Webb . . . .
Wharton . . .
Wichita . . .
Wilbarger. .
Williamson
Wilson . . . .

Wise

Wood

Young . . . .
Zapata . . .
Zavala . . . .

LAND.

Lying in the County.

Acres.

101229

150180
442212

47834
160778
225643
340645
366862
298958
255774

73370

16501
316886

88857
205814
253715

569508

Value.

Lying out

Acres.

$127079
214258
714279

19688

247704

451238

786937

3070698

26170
1123996

56740

12660
605060
138564
231384
451361

'""73832,

14652
17517

21731

6835

10640

109178

118612

554609

640

92962

114268
33025
17973
33646

RECONSTRUCTION CONVENTION JOURNAL. 325

each County in the State for the year 1867 — Continued.

TOWN LOTS.

HORSES.

of the County.

Value.

Number.

Value.

123650

#11755

1380

$70892

8757

14295

1080

64950

25670

64504

3110

1752411

9487

19070

445

11900!

13465

9160

2707

102636

87348

212944

7114

130824

147664

130975

2860

165895

793333

298277

7452

358391

6810

66360

1013

11090

89200

45754

4187

156339

133329

35690

14719

425180

53037

8708

4984

97634

49689

4520

2072

74o52

19629

26117

2297

121808

3557

33416

326 EECONSTRUCTION CONVENTION JOURNAL.

TABLE

Statement sJioiving the Assessment made in

CATTLE.

NAME OE COUNTY.

Number.

Value.

Number.

Anderson ...

Angelina

17168
10729

$72818
57074

4491
1918

Atascosa

105832

414782

13428

Austin

60500

207804

13573

Bandera

16338

34276

3093

Bastrop

Bee

32171

40215

141701
220618

9008
12497

Bell

35949

172585

17049

Bexar

59439
10942

298139
43018

20869

Blanco

5439

Bosque

Bowie

19482
6834
71843
16897
43845

102858
87110

803708
69849

193319

3903
921

Brazoria

7530

Brazos

15329

Brown

1037

Burleson

83910

110953

21117

Burnet

19822

93442

8247

Caldwell

22609

95987

8019

Calhoun

81927

132599

2564

Callahan

Cameron

27179
25103

142218
100404

6033

Chambers

1666

Cherokee

13288

53038

7428

Clay

Coleman

49111

172897

726

Collin

26614

167480

5959

Colorado

53265

201950

9270

Comal

21475

98078

3680

Comanche

34003

122522

876

RECONSTRUCTION CONVENTION JOURNAL.

327

each County in the State for the year 1867 — Continued,

SHEEP.

MERCHANDISE.

MONEY ON HAND

MISCELLANEOUS

OR
AT INTEREST.

p-RnPKRTY

JT XV^JX AJi.vX X .

Value.

$8958

$84491

$61279

$169628

8857

4250

5821

52423

26519

4138

12172

47543

21640

157587

52414

135589

6445

17843

12743

104350

98691

176258

21096

1725

11710

44178

82410

36805

34030

85215

48696

971489

328267

105729

9488

2669

4671

32529

7209

15246

32082

83118

1551

15050

11815

38517

9378

62069

76474

153918

26739

169160

58997

67434

2177

500

6135

25793

29725

13295

103356

16643

5500

20545

38918

12208

35150

80505

72535

6282

280461

57235

292873

4352

265311

73587

i67007

3207

9962

2480

15438

11206

44215

43581

189987

"l547

w. ........... .

11810

59690

79080

139700

10405

133370

99730

i 120085

4652

63100

109087

50914

1634

4000

,...•»•••••••■•

34157

328 KECOISrSTEIICTION CONVENTION JOURNAL.

Statement showing the Assessment made m

NAME OF COUNTY.

Concho . . .
Cooke . . . .
Coiyell . .

Dallas

Davis . . . .
Denton . . .
DeWitt...
Eastland. .

Ellis

El Paso . .

Erath

Falls

Fannin . . .
Fayette . . .
Fort Bend
Fieestone .
Galveston .
Gillespie. .
Goliad . . .
Gonzales. .
Grayson . .
Grimes . . .
Guadalupe
Hamilton .
Hardin , . .
Harris . . .
Harrison. .

Hays

Henderson
Hidalgo . .
Hill

CATTLE.

Number.

Value

800

$3520

44115

176329

24480

131205

32878

185541

3128

15500

58569

335131

54361

220312

17730

60629

48388

226983

3665

42375

30348

126568

30293

115333

26263

139048

40970

124167

75145

308908

20842

94584

21021

101395

27895

182374

56173

254099

55458

221357

34214

192011

31516

124369

35267

152328

19305

69215

10417

54985

60123

332173

11220

36952

15605

64695

14974

63703

16916

71635

27692

98386

Number,

RECONSTRUCTION CONVENTION JOURNAL. 329

each County in the Stale for the year 1867 — Continued.

SHEEP.

MERCHANDISE.

MONEY ON HAND

AT INTEREST.

MISCELLANEOUS
PROPERTY.

Value.

1 Value.

Value.

$11693
16085

$10755
8130

$560
15190

$72631

45885

22150

89590

73280

2133 75

570

• 13900

20050

44550

39876

28445

32947

81864

54571

72895

21222

77472

490

8614

16397

69500

48053

81610

7102

118925

44652

2618

4100

118

17071

17959

27633

17157

77354

25959

75967

23380

149443

28407

195108

192621

258571

2531

72582

37346

80728

5200

41438

55677

106995

690

1386442

888192

289387

3328

33030

25373

34692

26328

33222

49672

46510

36316

144204

95067

141262

14340

71014

, , ,

• 186636

28743

218471

202569

236959

11511

41780

83453

105641

2457

100

310

12493

1442

3600

2425

15760

10291

1383395

400378

648984

6783

202084

266184

391082

28864

24256

37718

34395

2390

21818

36046

68457

20425

1300
8'835

12150

11591

35068

63424

330 RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment inade in

CATTLE.

NAME OF COUNTY.

Number.

Value.

Number.

Hood

Hopkins

15907
18966
25167
44751

$77204
90040
90778

180902

2446
20658

Houston

Hunt

Jack

4452
25555

Jackson

82384

305008

5367

Jasper

Jefferson

Johnson

Jones

46682
18014

209386
86454

1039
6239

Karnes

Kaufman

Kendall

37641

34298

9561
10859

6302
22288
23851
55882
21742
35844
38980
106316
47481
22762
29387
17999

2888
32581
72873
47275

8209

187465

150014

39733

46240

28209

101440

110215

169785

85527

152361

142829

387350

230246

96294

128166

63055

13759

105941

220875

217914

32768

14128

7673
16346

Kerr

Kimble

Lamar

2237

195

10680

Lampasas

Lavaca

Liberty

Limestone *

Live Oak

Llano

McCulloch

3880
14278

4476

2392
18037
16870

7321
591

6829

Madison ,

9515
739

Mason

Matagorda

Medina

4339

3309

1520

330

RECONSTRUCTION CONVENTION JOURNAL. 381

each County in the State for tlie year 1867 — Continued.

SHEEP.

MERCHANDISE.

MONEY ON HAND

MISCELLANEOUS

PROPERTY.

Value.

AT INTEREST.

Value.

$4634

$;2000

$6577

$45068

29468

48435

9447

68481

5438

45700

101106

209532

38428

37729

18227

124085

10296

18551

88961

24168

2088

30612

19976

23756

9371

18164

13755

25969

21862

15600

1490

25543

10862

11570

14100

47797

45829

6650

7875

31803

5757

1595

2371

19708

287

2873

16214

94000

38667

212753

7929

1100

• 3765

20562

16404

48157

69336

86424

4781

48283

28540

75715

4402

41723

32972

40898

18520

26530

21520

75523

30558

5227

20140

10349

14823

600

5400

28G57

1007

1010

200

8288

11161

95609

37377

115956

9695

8375

67186

54869

921

26850

22639

155491

6499

5000

840

10081

6671

86600

39113

64341

2161

15849

3656

18411

464

800

2022

3650

832 EECONSTRUCTION CONVEJTTION JOURNAL.

Statement shoivmg the Assessmeyit made in

CATTLE.

NAME OF COUNTY.

Number.

Value.

Number.

Milam

Montague

Montgomery

23981
45796

7385

^87956

198545

26962

13790

861

1327

Nacogdoches

Navarro

56932
6633

138588

6587

55293

7602

30239

10660

315915

33280
679177

37100
290596

45242
194952

39596

20509

Newton

1631

Nueces

Or?ai'3'e .

149337
1005

Palo Pinto

1000

Panola

Parker . . . -.

Polk

Presidio

3847
6772
2517

Hed River

10483
49874

4547
13846

5199

44929
201380
58108
54128
20751

2097

Refuo"io

6328

Robertson

15005

Rusk "

Sabine

10075
1385

San Patricio . . •.

26887
55575

102041
229161

2253

San Saba

3446

Shackelford

Shelby

Smith

Starr

Stephens

Tarrant

Taylor

9269
13818
20354
39361
25S62

38997

59483

109881

153749

160607

3S26

8111

112623

259

9909

Titus

13260

28725

6606
135735

6343

9832

RECONSTRUCTION CONVENTION JOURNAL.

538

each County in the State for the year 1867 — Continued.

SUEEP.

MERCHANDISE.

MONEY ON HAND

AT INTEREST.

MISCELLANEOUS
PROPERTY.

Value.

122031
1722
1576

$10981

2500

42400

110033

2453

26951

$56259

15410

121952

37275
3165
168087
1691
2426
5226

13833
3488

38227
12150
107103
13150
2700
58430
55704
32670

78169

8870

1200

11188

1994

37834

19198

56688

126944
30100
28384
15622
14022
68338
94855
95579

3307

41080
6650
23177
98545
20500

117213

7762
24033

12450

10115

48402

10075
1415

118077
12610

173047
75591

3849
5562

1875
5300

■ 8658
3405

6618
19436

4242

8556

111498

13147

108886

800

1180

36703

9767
100178

72973

215991

9192

496

19906

2237
21754

3334

88323

10707
16432

28052
313062

29013
1 89300

309738
145220

334 RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

NAME OF COUNTY.

Trinity . . . .

Tyler

Upshur . . .
Uvalde . . . .
Van Zandt .
Victoria . . .
Walker ...
Washington

Webb

Wharton. . .
Wichita . . .
Wilbarger . .
Williamson
Wilson . . . .
Wise . . . .

Wood

Young ....
Zapata . . . .
Zavala . . . .

CATTLE.

Number.

11063

7877
20283
48244
15527
48987
16649
31900

7471
32638

37722
19094
34024
10479

10490

Value.

144546
45757
45793

202666
65666

198989
59255

128321
41520

173801

228420
87682

156681
62642

"62380

Number.

1972

3032

3973

29785

5487

7522

5360

23571

41520

2293

18160
5003
3604

3627

58200

RECONSTRUCTION CONVENTION JOURNAL. 335

each County in the State for the year 1867 — Continued.

SHEEP.

MERCHANDISE.

MONEY ON HAND

AT INTEREST.

MISCELLANEOUS
PTIO PETIT Y

Value.

$2930
5255
4679

32908
6680

12716
8500

37388

42220

$26892
15422
37230
25315
7670
65602
79964

383475
15200
34578

$7892

29026

53375

4238

9221

21544

253143

163228

«?77494

180109

117301

30943

60256

42541

128896

289951

6230

3090

97099

61917

27678
7830
5473
5794

32277
5475
7000

25550

40732
5295
4495

19464

112690
17829
28790
67696

44399

10550

9050

336

EECONSTaUCTION CONVENTIOH JOtrRNAL.

TABLE

Statement showing the Assessment m>ade in

NAME OF COUNTY.

TOTAL VALUE

OF
PROPERTY

ASSESSED.

POLL TAX.

Anderson

Angelina

Atascosa

Austin

Bandera

^718031
433989
747767

2834202
137096

1979717
590770

1798131

6082324
229631
659308
573807

3176929

1192521
225216

1289094
517357

1198396

1516813
160

1592781
343771

1424116
188517

2210611

2447130

1161732

202935

$1498

640

423

1790

117

Bastrop

Bee ...

Bell

Bexar

Blanco

994
162

944
2001

377

Bosque

Bowie

Brazoria

387

653

1163

Brazos

Brown

Burleson

Burnet

Caldwell

Calhoun

Callahan

1171

83
1031

418
625
656

871

Chambers

Clay

216
1692

^^'v

Collin

1324

813

Comal

873
163

RECONSTRUCTION CONVENTION JOURNAL.

337

each County in the State for the yeai- 1867 — Continued.

AD VALOREM
AND

POLL TAX.

P,075.05
1,290.98
1,516.96
6,041.64

321.98
3,972.69
1,045.75
3,656.00
11,120.69
- 732.37
1,355.09
1,516.34
5,930.39
2.973.03

420.84
2,985.76
1,196.95
2,428.85
2,931.31
24
3,260.48

734.64
3,827.02

282.49

377.26
4,649.43
4,484.29
2,615.59

467.38
22

INCOME TAX.

$1,107.30

10.00

208.33

6.69

599.55

70,72
1,558.54

28.87

17.00

177.99

359.83

SALARY TAX.

53.001

545.55;
155.98

$10.70

34.96

17.00

416.49

1,391.22

15.38

1,973.03

7.00

75.43

76.27

2.00

14.75

2.00

AVERAGE

VALUE OF LAND

COUNTY.

$1.81
1.48

98
3.78

63
3.31

38
1.52
1.36
1.55
2.08
1.35
3.16
3.31

48
2.45
1.77
2.59

20
1.66
1.69

3.64
5.07
1.16
1.00

338 . RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

TOTAL VALUE

NAME OF COUNTY,

PROPERTY

ASSESSED.

POLL TAX,

Concho

$450
802850
886980

Cooke

745

Coryell

588

Dallas

2982580

848437

1671623

1622

Davis

1122

Denton

1075

DeWitt

1389015
729230

750

Eastland

Ellis • . . . .

1816251

370034

251865

1392604

2283850

3839836

1924016

1142738

14117606

1187

El Paso

610

Erath

274

Falls

1539

Fannin

1443

Fayette

1476

Fort Bend

1475

Freestone . . .

1332

Galveston

160S

Gillespie . . .

606959

581

Goliad

1024696

2055707
2471578

547

Gonzales . . . .

1142

1398

Grimes

2998142
1665723

2O30

1041

Hamilton

196611

145

379982
9915580

216

Harris

1299

2804092
738364
633025
354960

1200855

2291

Hays ....

410

996

Hidalgo ....

186

Hill

752

RECONSTRUCTION CONVENTION JOURNAL. 339

each County in the State for the year 1867 — Continued.

AD VALOREM

AND

POLL TAX.

INCOME TAX.

SALARY TAX.

AVERAGE

VALUE OF LAND

COUNTY.

18.75
1,948.52
1,918.47
6,108.60
2,439.29
3,592.52

$0.12
2.02
1.08

$17.90
12.00

141.16
65.00

$9.50

1.30
2.00

1.51
1.56
2.10

2,838.45
139.16

56.59

3.02
21

3,910.62

140.50

76.72

3.25

1,165.05
630.71

12.37

1.23
1.52

3,637.54

42.02

258.03

1,392.25

398.70

261.84

11,175.04

15.00

62.86

731.36

391.88

1,256.31

380.74

1.9a

4.866.96

2.71

7,261.25
4,360.70
3,046.97

6.00
6.50

6.77
4.60
3.02

22,778.31
1 491.46

498.75

5.54
1.24

2,083.53
4,231.08
5,106.63
6,526.97

i'.oo

1.29
2.32
4.28
4.53

3,540.31

468.84

19.00

273
44

793 68

1.45

16,171.91

6,495.03

1,517.91

1,941.60

718.44

3,960.50

240.41

74.13

10.00

240.11

10.82

3.96
2.98
2.54

1.54

2.554.26

32.50

1.71

340 EECONSTRtJCTION CONVENTION JOURNAL.

Statement showing the Assessme7it made in

NAME OF COUNTY.

Hood ....
Hopkins . .
Houston . .
Hunt ....

Jack

Jackson . .
Jasper . . .
Jefferson. .
Johnson . .
Jones ....
Karnes . . .
Kaufman .
Kendall . .

Kerr

Kimble . . .
Lamar . . .
Lampasas .
Lavaca . . .

Leon

Liberty. . .
Limestone .
Live Oak .
Llano ....
McCulloch
McLennan
Madison . .
Marion . . .
Mason .
Matagorda
Medina . . .
Menard. . .

TOTAL VALUE

PROPERTY ASSESSEI>

$609710
1029558
2238635
1329864

1032914

POLL TAX.

784663

738820

112917

819054

1076314

327630

142742

33920

2349784

'343448

1459578

959798

1242264

1399195

697949

555415

126943

1823852

558743

1361410

155681

1459766

587351

44163

RECONSTRUCTION CONVENTION JOURNAL. 341

each County in the State fo?- the year 1867 — Continued.

AD VALOREM

AND

POLL TAX.

INCOME TAX.

SALARY TAX.

AVERAGE

VALUE OF LAND

COUNTY.

$1,340.90

2 424 49

$10.00

1,060.04

65.00

$1.66
1.79

5,003,47
3,087.68

$17.00

1.88
1.99

1,954.82

1.68

1 488 10

413.33

1.46

1 765 16

2.75

172.51

1,569.74
2 363 75

1.00

115.26
65.19

1.84

754.56
359 51

1.55
1.47

80.88

1.07

5 104 12

304.17

1.36

700 93

1.65

3 275.82

6.80

109.50

120.64

63.10

42.08

21.00

2.55

2,450.40

2,420.87
3.178.29
1 240 69

9.50

1.80
89

1.68
54

1,070.86
263 42

1.62

3.473.73
1 383 28

158.37

15.00

315.66

10.6J

4.35
1.68

2.576.74

25.30

3.46
80

2 905 04

212.10

1.64

1,290.01

8.00

109.20

2.16

342 ' RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made iti

NAME OF COUNTY.

TOTAL VALUE

PROPERTY ASSESSED

POLL TAX.

Milam

Montague

Montgomery

$913773

452629

1109180

$433
205
841

Nacogdoches

Navarro

2088507
415937

1700139
232029
471218
835123

1476875

1309290

1353

Newton

446

Nueces

Orange

286
138

Palo Pinto

166

Panola

715

Parker

864

Polk

1046

Presidio

Red River

Refugio

1437799

540843

1063712

1874844
395742

962
186

Robertson

1064

Rusk

2204

Sabine

516

San Augustine

San Patricio

328559

378701

39319

638895

1852046

598708

264415

1378860

320

133

San Saba

197

Shackelford

Shelby

Smith

778
2788

Starr •

449

Stephens

Tarrant

1038

Taylor

Throckmorton

Titus

1337433

4829608

1291

Travis

1135

RECONSTRUCTION CONVENTION JOURNAL. 343

each Comity in the State for the year 1867 — Continued.

AD VALOREM

AND

POLL TAX.

INCOME TAX.

SALARY TAX.

AVERAGE

VALUE OF LAND

' COUNTY.

11,881.38

883.83

P3.60

6.50

261.86

$2.41
90

2,504.60

1 58

4,484.06

2 89

1,069.23

17.50

172.01

24.78

25.52

2,386.20

486.52

$22.00

45
1 12

871.21
1,965.75

55
1 85

3,079.30

109.71
138.04

2 57

8,001.82

1 62

3.118.56

2 44

1,004.18
2,661.91
5,035.35

14.00

58.00

189.00

62.76

43
8.01
2 36

1,108.71

1 05

633.04

68.58
16.80

759.15

1.54

59.31

1,735.16

1 34

5,551.08
1,343.30

527.07

2.41
17

423.99

3,105.*25

218.91

2 98

8.311.15

8,872.95

104.65
896.84

8.17
S9.57

1.90
2.44

844 RECONSTRUCTION CONVENTION JOURNAL.

Statement showing the Assessment made in

NAME 0:F county.

total value

OF
PROPERTY ASSESSED

POLL TAX.

Trinity

1893130
568897

1238072
356215
522458

1223746

1756229

5523057
215600

1785774
56740
12660

1641006
421854
557584
■800060

$512
471

Tyler

Upshur

1478

Uvalde ....

Van Zandt

263
741

Victoria

Walker

1048
733

Washington

3440

Webb

288

Wharton

890

Wichita

Wilbarger

Williamson

Wilson

1012
321

Wise

376

Wood

942

Younor

Zapata

233657

150

RECONSTRUCTION CONVENTION JOURNAL. 345

each County in the State for the year 1867 — Continued,

AD VALOREM

AND

POLL TAX.

INCOME TAX.

SALARY TAX.

AVERAGE

VALUE OF LAND

COUNTY.

$1,101.54

'878.18
3,338.54

$107.35
10.00

14.00
3.00

$1.50

1.00

$1.25
1.43
1.61

799.29
1,524.50

2.00

41
1.54

2,884.06

19.04
410.01

1,758.55

15.55

200.35

2.00

3.367.25

11,724.61

611.39

17.46

2.31
8.37

"3,570.52

4.39

k 86.34
^ 19.02

3,487.38

265.90
80.82

1.90

956.36

1.55

1,212.33

1.12

2,140.39

1.77

p' 499.95

-JLL TAX.

n27,110;

:20,748l

'' I

20,0o8'
.i-99,013'

AD VALOREM

AND

POLL TAX.

.«$95, 205.25

128.387.62

♦38,206.87

02^618.83

$354,418.07

INCOME TAX.

SALARY TAX.

.^9,072.17

22,030.54

2,481.65

4.707.42J

.$38,891.78'

.«$168.86

812.80

75.47

129.45

STATEMENT SHOWING

THE ASSESSMENT MADE IN EACH COUNTY IN THE STATE FOR THF

YEAR 1867—

Vmrliided.

KE...mVL..T.ON

or TUK COUSTV.

TOWK LUIS.

„oa.BS.

...

su.

.,.,

...H,..UX..K.

.11 raiERESl.

rBOPEBTY.

Value.

™.u,v.,u..

,.o„„ ......

...o„.,..>x.

Acres.

Value.

V.luc.

Numljcr.

Value.

Numlicr.

Value.

Number.

Value.

UT:,:"2 SlK,22fl,701

4,340,755

S4,212,0.i2

«i4, 793,313

171,475

?i.5,352,471

1,142,546

Si4,988,884

288,095

8494,080

S2,735,478

ftl,.526,297

52,990,752

$45,323,928

.*27,110

$95,205.25

.<|9,072.17

$168.86

i.lTJ ■>- 21,23!l,017

4,758,559

6,964,443

14,201,245

198,432i 6,199,728

1,034,637

4,592,178

323,408

493,436

4,431,176

2,796,506

3,759,540

64,677,269

, 31,097

128,387.62

22,630..54

812.80

1.17. 4>'. 14,003,59-3

2,576,080

2,.521,,506

1,869,906

126,768

4,140,123

1,077,164

4,6t>l,591

345,3«4

465,35'?

1,018,275

793,409

2,085,882

31,619;641.

' 20,748

68,206.87

2,481.65

75.47

■A-'-yr. 10,579,058

3,189,B32

3,298,486

2,238,756

100,488

3,301,626

587,682

2,614,022

366,729

423,533

1,272,988

944,033

171,209

28,384,706

20,0.'iH' 02,618.33

4,707.42

129.45

i"T":7 m,m,-m

15,86.5,026

817,007,387

|i23,103,320

597,163

.SilS,993,948

3,853,029

.til6,856,fi75

1,. 32.3,5.56

§1,876,406

.~i9,457,912

46,060,245

S10,.548,.383

ljil70,00.'.,.54'

.*99,013

.$•3.54,418.07

$38,891.78

Sl,l8d.r.i!

•

RECONSTRUCTION CONVENTION JOURNAL.

347

TABLE II.

Estimated cost of collection, including defaults of
every character :
Sixteen per cent, on assessment 1 ^83,859.80

TABLE III.

Taxes collected upon the assessment of 1867

^394,614.251

348 RECONSTRUCTION CONVENTION JOURNAL.

TABLE
Statements from the Books of the Comptroller's Office from

STATE

To receipts from M. H. Royston, late
Treasurer, viz :

In specie

In United States currency ....

To receipts from September 4, 1867.
to Maj- 31, 1868, viz:

From taxes of 1866 and pre-
vious years

From taxes of 1867

From taxes of 1868

From land office, viz :
Office fees :

In specie $6.25

In U. S. currency .1,485.00

Patent fees :

In specie |20.00

In U. S. currency .1,362.00

Pre-emption claims

Government dues

Sales of land, act Feb. 7, 1853

From Comptroller's office :
Office fees:

In specie $1.50

* In U. S. currency 5.50

Moneys refunded to appropria-
tions

From State Department :
Office fees :

In specie |12.50

In U. S. currency ....22.25

$155*.09
20,077.17

25,810.12

315,622.971

3,687.95

1,491.25

1,382.00

230.00
304.69

424.25

7.00

240.55

$20,232.26

345,121.041

3,832.19

247.55

34.75

|369,467.79J

RECONSTRUCTION CONVENTION JOURNAL.

349

IV.

September 4, 1867, to May 31, 1868, both days inclusive.

REVENUE.

By amount transferred to county tax
account

By balance on hand May 31, 1868,
viz :
In specie

$195.34
368,153.131

$1,119.32

In U. S. currency

368,348.471

♦

$369,467,791

350 RECONSTRUCTION CONVENTION JOURNAL.

Statements from the Books of the Comptroller's O^ce from Sep

SCHOOL

To receipts from M. H. Royston, late
Treasurer, viz :

In specie

In United States currency ....
In six per cent. State bonds,

(manuscript)

In five per cent. State bonds. .
In six per cent, railroad bonds.

To receipts from Sept. 4, 1867, to
May 31, 1868, viz:

From 1-10 taxes of years prior to

1865

From Houston and Texas Cen-
tral Railroad:

Part interest on bonds, in

specie

From sales of land, act Feb. 1,

1860

From sales of specie, $300, as
per contra in United States
currency

'$53,549.31
1,064.26

320,367.13

82.168.82
1,753.317.00

$2,210,466.52

UNIVERSITY

To receipts from M. H. Royston,
late Treasurer, viz:

In five per cent. State bonds . .

$134,472.26

RECONSTEUCTTON CONVENTION JOURNAL. 351

ternber 4, 1866, to May 4, 1868, both days inclusive — Continued.

FUND.

By sales of specie for currency, as
per contra, in specie

$59,479.31
1,828.08

320.367.13

82,168.82

1,753,317.00

$300.00
2,217,160.34

By balance on band, May 31, 1868,
viz :

In specie

In TJ. S. currency

In six per cent. State bonds

(manuscript)

In five per cent. State bonds . .
In six per cent, railroad bonds .

.$2,217,460.34

FUND,

By balance on band May 31, 1868,

VIZ

In five per cent. State bonds . .

$134,472.26

352 RECONSTRUCTION CONVENTION JOURNAL.

Statement fro7n the Books of the Comptroller'' s Office from Sep

UNIVERSITY

To receipts from M. H. Royston
late Treasurer, viz :

In Comptroller's certificate of
indebtedness

$10,300.41

SPECIAL

To receipts from M. H. Rojston,
late Treasurer, viz :

In Comptroller's certificate of
indebtedness

579,409.50

SETTLEMENT

To receipts from M. H. Rojston,
late Treasurer, viz :

In specie

In U. S. currency

$3,057.47
1,967.97

!$5,025.44

ESCHEATED

To receipts from M. H. Royston,
late Treasurer, viz :

In specie

RECONSTRUCTION CONVENTION JOURNAL.

)53

tember 4, 1867, to May 31, 1868. both days birJusive — Contirxued.

LAN!) SALES.

Ry l)alance on hand May SI, 1868,
viz :

In Comptroller's certificate of
indebtedness

$10,300.41

LOAN TAX.

By balance on hand May 31, 1868,
viz :

In Comptroller's certificate of
indebtedness

$79,409.50

OF ESTATES.

Dy balance on hand, May 31, 1868,
viz :

In specie .'

In U. S. currency

$3,057.47
1,967.97

$5,025.44

ESTATES.

By balance on hand May 31, 1868.
viz :

In specie

$2,688.71

354 RECONSTRUCTIOiSr CONVENTION JOURNAL.

Statements from the Books of the Comptroller'' s Office from Sep

COUNTY

To receipts from M. H. Rojston,
late Treasurer, viz :

In U. S. cunencj

To receipts from Sept. 4, 1867, to
May 31, 1868, viz:

In U. S. currency

To amount transferred from State
Revenue

117,818.92

8,175.311
1,119.32

$27,113,551

ASSESSOES

To receipts from M. H. Royston, late
Treasurer, viz :

In U. S. currency

$i3.5-a

RECONSTRUCTION CONVENTION JOURNAL. 355

tember 4, 1867, to May 31, 1868, both days inclusive — Continued.

TAXES.

By balance on hand May 31, 186S,
viz :

In U. S. currency ... ....

$27,113,551

FEES.

By balance on hand May 31, 1868,

VIZ

In U. S. currency

$13.50

356 RECONSTRUCTION CONVENTION JOURNAL.

Statement from the Books of the Comptroller'' s O^ce from Sep

RECAPITU

Of Balances on hand in the State Treasury

ACCOUNTS.

SPECIE.

U. S. CURRENCY

BONDS

OF RAILROAD

COMPANIES.

State Revenue

1195.34
59,479.31

$368,153,131
1,828.08

School Fund

University Fund

$1,753,317.00

University Land Sales
Special Loan Tax ....

Settlement of Sstates .

3,057.47

2,688.71

1,967.97

Esclieated Estates ....

County Taxes

27,113.551
13.50

Assessors' Fees

$65,420.83

1399,076.241

$1,753,317.00

Note. — There has been drawn upon appropriations 'since Sep

State Revenue.
School Fund. .

Total.

Which, if paid at the Treasury, would change the balances standing
having declined to permit an examination of his disbursements, as
Comptroller has been unable to give him proper credit for moneys

RECONSTRUCTION CONVENTION JOURNAL. 357

f ember 4, 1867, to May 31, 1868, both days inclusive — Concluded.

LATION

on the 31st day of May, 1868.

1
FIVE PER
CENT.
STATE BONDS.

SIX PER

CENT.

STATE BONDS.

comptroller's

certificate of

indebtedness.

TOTAL.

$368,348,471
2,217.160.34

182,168,82
134,472.26

$320,367.13

134.472.26

$10,300.41

79,409.513

10^300.41

79,409.50

* 5,025.44

2.688.71

27,113.55i
13.50

$216,641.08

$320,367.13

$89,709.91

$2,844,532.19^

tember 4, 1867, the sum of ,$166,771.53, viz :

$165,104.88

1,666.65

166,771.53

at the credit of tlio several accounts enumerated: but the Treasurer
retjuired by article 184, page 64, Oldham & White's Digest, the
disbursed.

358

RECONSTRUCTION CONVENTION JOURNAL.

TABLE V.

STATEMENT OF WARRANTS

Drawn bj the Compti-oller on the Treasurer during the period com-
mencing September 4, 1867, and ending May 31, 1868.

JUDICIARY.

^wpi-eme •■ Court :

Salary of five judges

Clerk's fees in felony cases

Blanks, books, and stationery

Pay of sheriifs

Purchase of books for library

Postage, portal' hire and wood

Publishing reports Supreme Court.

District Courts:

Salary of fifteen judges of District
Courts

Salary of fifteen attorneys of District
Courts

Costs due clerks, sheriffs and attor-
neys

Attorney- GeneraV s Office:

Salary of Attorney-General

Attorney-General's fees in felony

cases

Books and stationery

Postage, porter hire and wood

CURRENCY.

112.150.00
210.00

292.27
488.00
459.68
348.64
3,095.91

139,617.08

10,514.15

4,320.89

2,124.99

180.00

60.78
138.46

$17,044.50

$54,452.12

12,504.23

RECONSTRUCTION CONVENTION JOURNAL.

359

STATEMENT

Of warrants drawn by the Comptroller on tlie Treasurer during tlie
period couuueucin!^ September 4, lc67, and ending May 31,
1868 — Cont'mued.

EXECUTIVE DEPARTMENT.

Salary of Governor

Salary of Private Secretary

Kc'overing fugitives from justice. .

Pul)lisbiag pi'oclamations

Telegraphing

Cooks and stationery

Postage, porter hire and wood

Furnishing Governor's mansion . .

New roof and change of old Land

Office building

STATE DEPARTMENT.

Salary of Secretary of State

Salary of clerk

Office printing

Books and stationery

Postage, express charges, porter hire

and wood

Extra clerk hire

•

comptroller's office.

Salary of Comptroller

Saliry of chief clerk

Salary of bookkeeper

Salary of four assistant clerks ....

Books and stationery

Paper

Printins;

Postage, porter hire and wood

CURRENCY.

currency.

$2,911.09

1.170.83

1,195.80

38.11

184.91

246.37

443.88

150.00

24.06

$1,951.38

1,125.00

62.50

341.41

804.79

158.27

11.229.17

1,483.31

1,120.00

3,437.70

1,474.50

629.73

158.25

369.13

$6,365.05

$4,443.35

$9,901.79

360

hECONSTRTJCTION CONVENTION JOURNAL.

STATEMENT

Of warrants drawn by the Comptroller on the Treasurer during the
period commencing September 4, 1867, and ending Maj 31,
1868 — Contimied.

TREASURER'S OFFICE.

Salary of Treasurer

Salary of bookkeeper

Books and stationery

Postage, porter hire, wood and
printing

GENERAL LAND OFFICE.

Salary of Commissioner

Salary of chief clerk and receiver . .

Salaiy of chief draftsman

Salary of translator

Salary of file, application, and

examining clerks

Salary of six assistant draftsmen . . .

Salary of six assistant clerks

Books and stationery

Postage, porter hire, Avood and

printing

ASYLUMS.

Salary Superintendent of Lunatic
Asylum ,

Support of Lunatic Asylum. . ,

Salary Superintendent of Deaf and
Dumb Asylum

Support of Deaf and Dumb Asylum

CURRENCY.

1812.51

1,186.67

96.60

363.15

12,458.93

11,854.16
2,570.00
1.260.80

1^186.67

1,737.49

5,812.49

4,663.12

128.38

656.78

$19,869.89

.$1,513.88
14,813.63

875.00
, 7,000.00

RECONSTRUCTION CONVENTION JOURNAL.

361

STATEMENT

Of warrants drawn hj tlic Coniptrullcr on the Treasurer during the
period commencing September 4, 1867, and ending May 31,
1868 — Continued.

ASYLUMS.

Salary of Superintendent of Blind

- Asylum

Support of Blind Asylum ,

CURRENCY.

PENITENTIARY.

Salary of Superintendent
Salary of financial agent.
Salary of three directors

Salary of chaplain

Salary of physician ....

PENSIONS.

Seventeen pensioners .

MISCELLANEOUS.

Expense of sale of University lands.

Extra clerk hire for bringing up
back taxes

Salary of agent to Alaliama and
other Indians

Repaiiing and re-furnishing Execu-
tive Mansion

Salary tv/enty District Judges, pre-
vious appropriation

Salary District Attorneys, previous
appropriation

CURRENCY.

675.00
4,326.56

a,749.60
326.88
581.25
875.00
525.00

$29,204.07

13,557.23
$941.25

$20.25
1,427.19

200.00
2,926.56

713.88
-258.88

862

RECONSTRUCTION CONVSNTION JOURNAL.

STATEMENT

Of warrants drawn bj the Comptroller on the Treasurer during the
period commencing September 4, 1867, and ending May 31,
1868 — CoiitUi'ued.

CURRENCY.

Furnishing Attorney-General's office

MILITARY APPROPRIATIONS.

Fuel for office of Superintendent of
Public Instruction

Stationery for office of Superinten-
dent of Public Instruction

Porter hn^e

■

49.50

$6.71
28. 5(

Publishing Twenty-fifth volume Tex-
as Law Reports

5,184.0r

Keeper and night watch of Capitol .
Night watch of General Land Office
Night watch of Treasuiy building . .
Salary of extra clerk. Treasurer's
office

639.67
33.33

185.86

546.66

Contingent expenses Treasurer's of-
fice

Contingent expenses executive office
Reoairs of Capitol

153.58
130.81
690.41

Distribution of TAventy-fifth volume
of Texas Reports

166.64

Salary of sexton or keeper of State
Cemetery

100.00

Stationery for the Convention, fif-
teenth June 1868

1,000.00

Total

1165,104.88

RECONSTRUCTION CONVENTION JOURNAL.

363

STATEMENT

Of Avanants drawn by the Comptroller on the Treasurer dun'n;; the
period conniienciiig September 4, 1867, and ending ISliiy 31,
1868 — Conlinued.

RECAPITULATION.

1867

1868

October . ,
November
December ,
January . .
February ,
March . . ,
April . . . .
Maj

Total

CURRENCY.

18,685.80
27.yi8.00
171880.29
25,811.55
15,957.86
29.855.22
23'.629.81
15'o66.35

S165.104.88

STATEMENT OF SPECIAL AVAKRANTS

Drawn by the Comptroller on the Treasurer during the period com-
mencing September 4, 1867, and ending May 31, 1868.

CURRENCY.

SCHOOL FUND.
Salarj" of Superintendent of Public Instruction .

.«;] .666.65

364

RECOXSTKUCTION CONVEXTIO?]' JOURNAL,

TABLE VI.

STATEMENT OF THE PUBLIC DEBT,

And of claims against the State, audited up to the first of Septem-
ber, 1867, by late Auditorial Board, created by act of Novem-
ber 9, 1866:

CURRENCY DEBT.

Eight per cent. Bonds.

Amount issued under act of March
20, 1861 :

Amount issued under act of April 8.
1861

Ten per cent. Warrants.

Amount issued under act of Febru-
aiy 14, 1860, from June 6,
1860, to January 10, 1862 . . .

Amount funded in
eight per cent,
bonds, act of
March 20, 1861..

Amount paid in on
account of Univer-
sity land sales ....

Amount paid in on
account of land
dues, etc., at Gen-
eral Land Office,
accruing to Com-
mon School Fund

Amount paid in on
account of sale of
Quartermaster's
property

$14,273.06

12.230.39

11,239.71

5,155.71

116,000.00
917,000.00

$384,569.88

$933,000.00

RECONSTRUCTION CONVENTION JOURNAL.

3G5

STATEMENT OF THE PUBLIC DEBT,

And of cliiims against the State, audited up to tlie 1st of Septem-
ber, 1867, by late Auditorial Board, created by act of Novem-
ber 9, 1866 — Continued.

Amount paid in from
other sources ....

Amount redeemed at
the Treasury, and
non-interest war-
rants issued there-
for

$601.54

231,991.86

Non-Interest Notes.

Estimated amount issued in payment
of military service, prior to Feb-
ruary 1, 1861

Estimated amount of civil warrants,
issued in payment of })eiisions and
Second Class Debt of late Repub-
lic

Eight peji cent. Certificates.

Amount issued in payment of the
Wise and Parker County Minute
Companies, in conformity with
Section three of an act to pro-
vide means for the defense of the
frontier, approved Novexnber 12,
1866

Note. — The principal and inter-
est of these certificates are payable,
when provision therefor shall be
made.

1275,492.27

$109,077.61

S10,000.00

5,000.00

15.000.00

3,671.00

866

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT OF THE PUBLIC DEBT,

And of claims against the State, audited up to tlie 1st of Septem-
ber, 1867, bj late Auditorial Board, created bj act of Novem-
ber 9, 1866 — Continued.

Unaudited Claims

Estimated amount

Total currency debt

Of this amount there was audited
by the late Auditorial Board, as
follows :

Ei\)ht per cent. Bonds.

Amount issued under act of March
20, 1861 :
Principal |3,913.96
Interest .... 219.60 |4,133.56

Amount issued under act of April
8, 1861 :

Principal |25,428.54
Interest . . 4,961.34 .f 30,389.88

Ten per cent. Warrajits.

Amount issued under act of Febru-
ary 14, 1860 :

Principal $39,531.85

Interest 24,567.52

Non-Interest Notes.

Amount of $231,991.86 exchanged
for ten per cent, warrants :

Principal |23.977 56

Interest 9,910.16

8.323.48

134,523.44

64,099.37

33,887.72

11,069,072.09

'reconstruction convention journal.

36T

STATEMENT OF THE PUBLIC DEBT,

And of claims against the State, audited up to the 1st of Septem-
ber, 1867, by late Auditorial Board, created by act of Novem-
ber 9, 1866 — Continued.

Ehjhi per cent. Certificates.

Amount issued in payment of Wise
raid Parker Counties Minute Com-

panies

Unaudited Claims.
Amount audited

Total amount audited

Six per cent, bonds issued for.

Certificates outstanding. . . ,

SPECIE DEBT

In addition to the above.

Amount of five per cent. State bonds,
payable January 1, 1879, issued
to University Fund in conformity
with section one of an act to secure
the Common School and Univer-
sity Fund, approved November
12,. 1866

Amount of five per cent. State bonds,
payable same time, issued to Com-
mon School Fund, in conformity
with section two of same act, both
being based upon five per cent.
United States Indemnity Bonds,
formerly belonging to said funds.

3,509.76
3,323.48

39,343.77
123,088.40

^sl6,255.37

1134,472.26

i82,168.82

$216,641.08

368

RECONSTRUCTION CONVENTION JOURNAL.
STATEMENT OF THE PUBLIC DEBT,

And of claims against the State, audited up to the 1st of Septem-
ber, 1867, bj late Auditorial Board, created by act of Novem-
ber 9, ISQQ— Concluded.

RECAPITULATION.

Amount of eight per cent, bonds, act
of March 20, 1861 (currency) . .

Amount of eight per cent, bonds, act
of April 8, 1861

$16,000.00
917,000.00

109,077.61

15,000.00

3.671.00

8,323.48

Amount of ten per cent, warrants,
act of February 14, 1860 .'

Amount of non-interest notes . .

Amount of eight per cent, certifi-
cates

Amount of unaudited claims ......

11,069,072.09
139,343.77

Amount audited by late Auditorial
Board

Amount of five percent. State bon ds
(specie)

929,728.82
216,641.08

Total debt

11,146,369.40

Note. — The probable amount yet to be paid to School Fund,
under section two, act of November 12, 1866, should be added to
the above ; but, as this matter has been kept entirely within the
control and management of the Executive, I have no data whatso-
scver upon which to base an estimate.

^PKRPOXS INJURED

SALE OF LAND

^^^OV'S 1 - •'-— ^ : J'AND NOT «!0L1>

I IJONATED

»N.> INJURED FROM I

COMP

NEOLIOENCE,

BY THE STATE.!

Aci

■es.

Acres.

$S\

SQS

RECONSTRUCTION CONVENTION JOURNAL.
STATEMENT OF THE PUBLIC DEBT,

And of claims against the State, audited up to the 1st of Septem-
ber, 1867, bj late Auditorial Board, created by act of Novem-
ber 9, 1866 — Concluded.

RECAPITULATION.

Amount of eight per cent, bonds, act

of March 20, 1861 (currency) . .
Amount of eight per cent, bonds, act

of April 8, 1861

Amount of ten per cent, warrants.

act of February 14, 1860

Amount of non-interest notes . .
Amount of eight per cent, certifi-

eates

Amount of unaudited claims

Amount audited by late Auditorial
Board

Amount of five per cent. State bon ds
(specie)

Total debt.

$16,000.00

917,000.00

109.077.61

15,000.00

3.671.00

8,323.48

$1,069,072.09
139,343.77

929.728.32
216',641.08

:$1,146,369.40

EX'lIBIT ilF THE REPORTS OF RAILROAD COMPANIES— Act of Febniaij 7, 185,
TABLE VII.

SAME OF ROAD?.

1 PERIOI" F"U WHICH

SmCK I'AIB IX.

IXDEDTEnXE.s,?.

COMFAXV.

TRAK.rOKTAItOK.

Tons.

IIILES RU.N

op PERSON",; IN,irRED

PER

BY THE .-^TATE

..A

SD XOTSOLD.

■ 1 EUli.iMi:, ETC.

Acres.

Acre?.

■

. .'Year ending Mav SI. 186;

.%1.IH(.l,«4T.iiS
10,515.00

228,500.00
50,000.00

270,000.00

5:1,010,647.32 S13,000.00

' ■ 2,021.00

i
128,500.00'rolling stock liirid

50,000.00 90,14.5.00

160.000.00' 21,114.118

^601,181.23

1.0iiO,filO.Sl

125,000.00

35,000.00

ff 81, 545.07

$2^3.10.9.34

456,242.60

463,292,00

nothing ; all roll-

ingstock liiredout

43,900.18

7,31!
32,301
57,000

S82,9S4.36
219,16.5.39
282,295.00

[rented!

[hired]

32,800
73,870
75,000

20,000

137; 1

..'vearcudins June 1. 1888

1 1

342 l'
122

40| 4

1
1

:::;:::!:::

Wvesion, Houston and Henilerson Eailioail .
GalTeton- Hoimnn and Heodemm Junction .

..]Yearcndi«ffMarcli 1, 18«'
. . ^Tear ending March 1; iSffi.
. . Tear ending Octota- 1, l4i8.

20,499.40

REPORTS OF RAIL
SOUTHERN PACIFIC

PRINCIPAL.

u. s.

Five per cent.
Bonds.

Interest on
Bonds.

Total.

INTEREST.

$148,000.00

$200.00

■
$150,000.00

onds ....

$52,625.00

$148,000.00

$200.00

$150,000.00

$52,625.00

ught down :

. $150,000.00

52,625.00

$20ii,t3ii£>.uu

ROAD C
RAILRO

DATE 0

March 1 .

REPORTS OF RAIL
SOIJTHERN PACIFIC

PRINCIPAL.

DATE OF 'loan.

U. S.

Five per cent.

Bonds.

Interest on
Bonds.

Total.

INTEREST.

1862.

May 31

$148,000.00

$200.00

$150,000.00

18(38.
March 1

$52,625.00

$148,000.00

$200.00

$150,000.00

$52,625.00

To balance due March 1, 1868, brought down :

Principal $150,000.00

Interest 52,625.00

$202,625.00

ROAD COMPANIES— Concluded.
KAILROAD.

DATE OF PAYMENT.

PRINCIPAL,
TWO PER CENT
SINKING FUND

INTEREST.
\

1868.

March 1

To balance due

.<;150,000.00

$52,625.00

1150,000.00

$;52,625.00

.•v.

Bal • » % • »

REPORTS OF RAIL
TEXAS AND NEW

PRINCIPAL.

11.\TE OF LOAX.

U. S. five per
cent. Bonds.

Specie.

Total.

INTEREST.

1860.
April 26.'

To loan

$177,000.00
87,000.00
29,000.00

128,000.00

$3,000.00
3,000.00
1,000.00

2,500.00

$180,000.00
90 000 00

To loan . . ".

30 000 00

■

December 13

December 23

i8^i;

.January 19

1868. ■
Marcli 1

Toloan

$130,500.00

$195,081.52

$421,000.00

$9,500.00

To balance due' March. 1, 1868, brought down :

Principal" $430,500.00

Interest 164,666.25

$595,166.25

BO AD COMPANIES— Continued.
ORLEANS RAILROAD.

DATE OF PAYMENT.

/ . ■

PRIXCIPAI,
TWO PER CEXT.
SINKING FUND.

INTEREST.

■

Sjec-.c.

1861.
March 1

16,143.75

186T.

January 5

By deposit

1 . . ■

1868.
March 1

.^430,500.01

164 666.25

•,$430,500.0(

$il95,031.52

REPORTS OP RAIL
BUFFALO BAYOU, BRAZOS

PRINCIPAL.

DATE OF LOAX.

Spec-ie.

U.S.
five per cent.

Bonds
and premium.

Total.

INTEREST.

1858.

To loan

15,000.00
2,000.00

1,000.00

$145,000.00

ftl 50.000.00

June 30 i

To loan

58.000.00 60.000.00

August 17 \

1859.

January 5

March 4 '. 1

99000.00

30000.00

April 5 \

April 30

2.000.00
1.000.00
1,000.00

58.000.00
29,000.00
29,000.00

60.000.00
30.000.00
30.000.00

To loan

■

1863.
March 1

Interoft on Bonds

$228,158.00-

$14,000.00

$406,000.00

$420,000.00

$228,158.00

To Balance due March 1, 1868, brought down:

Piincipal $408,000.00

Interest 91,800.00 $499,800.00

ROAD COMPANIES— Continued.
AND COLORADO RAILROAD.

PRINCIPAL..

INTEREST.

DATE

Warrants

fundable in

eight per cent.

State Bonds.

OF
PAYMEXT.

Two per cent.

Sinking Fund.

Specie.

Eight per cent.
State Warrants

Total.

1859.

iiii9 000.00

$9,000.00

February 28

February ''8

1 200.00

1.200.00

970.00
275.00

970.00

By deposit

275.00

$3,000.00
600.00
600.00

■ 600.00

3,000.00

600.00

July 1 :

By deposit

1860.

By deposit

March 31

By deposit

20,773.75

600 00

July 24

October 8

By deposit

600.00
2,400.00

1864.

August 20

August 29

By deposit

$2,000.00
21,815.00

2 000.00

$T4,20'4.25

21 815.00

September 19

1807.
January 7

By deposit

74.204.25

6,120.00

1868.
March 1

408,000.00

91,800.00

$420,000.00

$38,338.75

$23,815.00

$74,204.25

$228,158.00

'l¥;>il

REPORTS OF RAIL
HOUSTON TAP AND

PRINCIPAL.

DATE OF LOAN.

Two per cent.
Sinking Fund.

U. S. five per
cent. Bonds.

Specie.

, Total.

I.NTEREST.

1859. .
December 22 ...'... . {_

1234,000.00

30,000.00
23,000.00

$6,000.00

$240,000.00
80,000.00

18G0.

February 2a.

July 1

To loan '

•

To loan

.§6,000.00

1,000.00

30,000.00

181)8.
:Mai-ch 1

$142 849 58

16,000.00

1287,000.00

,$7,000.00

$300,000.00

$142,849.58

To balance due March 1, 1868, brought down :

Principal

Interest

$295,800.00
70,990.87

$366,790.87

ROAD COMPANIE-S— Continued.
BRAZORIA RAILROAD.

■PEINCIPAL,

TWO PER CENT.

SINKING FUND,

SPECIE.

INTEKEST.

DATE OF PAYMENT.

Specie.

Eifiht per cent.
Warrants.

Six per cent.
Warrants.

Total.

1860.

February 27

1861.
January 1

1864.
.Tune 23

■

$2,375.38

• $2,375!::8

By deposit

#4,200.00

$2,000.00

■ 2 000 00

July 13

$13,163.33
1,730.00
2,245.00

13 163 33

August 20

270.00
50,075.00

2,000.00

Aucust 24

52,320.00

1868.
March 1

295,800.00

$:;oo,foo.oo

70,990.87

$2,375.38

$52,345.C0

$17,138.33

$142,849.5S

DATE OF LOAN.

18o9.
lime 28

To loan

■ ■

1868.
March 1

To interest on

To Balance due March 1, 18(

Principal

Interest

REPORTS OF
WASH

PRINCIPAL.

U. S.

Five per cent.

Bonds.

Specie

Total.

INTEREST.

.164,000.00

p,ooo.oo

$66,000.00

bonds ....

$29,312.59

$64,000.00

$2,000.00

$66,000.00

$29,312.59

)8, brought down :

$37,017.00

6,667.96 $43,684.96

tlAI

[NG'

J)A '}V)i\ U'tl.

i'ebru
une '

ulj :

l^anua

yiarch

[;*>Ilir .T7;j'> H.'fH

•.♦'L;-.i>

REPORTS OF
WASH

PRINCIPAL.

UATB OF LOAN.

u. s.

Five per cent.
Bonds.

Specie

Total.

INTEREST.

1859.

iiine 28 '.

To loan :

.164,000.00

#2,000.00

166,000.00

":;::::::::;:::::::: ::;;:::::;::,:::;;;:; ■

' :■:■":::.::::::::::::::::::::

1 "

J..-

..: ..i..-..

1868.

$29,bl2..59

$64,000.00

$2,000.00

$66,000.00

$29,312.59

To Balance due March 1, 1868, brought down:

Principal ". $37,017.00

Interest 6,667.96 $43,684.96

RAILROAD COMPANIES— Continued.
INGTON COUNTY RAILROAD.

DATE or PAYME!^.

PRIXCIPAL, TWO PER CENT. SINKING

FUND.

INTEREST.

State Warrants, State Warrants

fundable in fundable in

Eight per cent. Six per cent.

Bonds. Bonds.

Specie.

Total.

Eight per cent.

State ,

Warrants.

Six per cent.

■ State

Warrants.

State Warrants

fundable in

Eight per cent.

Bcmls.

Spc.'ic.

Total.

1860.
Februarj 28

$2,899.45

$1,320.00

,151,320.00

1864.

July 11

August 25 —

1865.

May 11

$11, .563.41
1,140.99

,$1,192.00
1,650.00

12,755.41

2,790.99

$",880.80

3,880.80

$2,364.80

$25,298.20

27,663.00

1867.

317.98

1868.
Harch 1

37,017.00

6,667.96

$2,364.80

$25,298.20

$1,320.00

$66,000.00

$12,704.40

$2,842.01

,$3,8S0.8t

$3,217.4>

$29,312.59

.iJtjKlJJMl Y']#JUO K(m>}

'f X.'

TABLE

Reports of Rail

HOUSTON AND TEXAS

™,^cl..

DATE OF LOAN.

U. S.

five pfflc cent.

Bonds.

Specie. 1 Total.

" i

IKTnREST.

1B5T.

April 13

To loiin

L'o li,an

l5;141, 000.00
50,000.00

58,000.00
2«, 000.00

29,000.00
116,000.00

$9,000.00
4,000.00

1150,000.00
60,000.00

58,000.00
32,000.00

30,000.00
120,000.00

1858.

July U

18."i9.
Fe'jruaiy 2-3

I'o loan . .

3,000.00

1,000.00
4,000.00

July 22

■(

18C8.
Marrh 1

$2.57,255.56

$429,000.00

§21,000.00

$450,000.00

$257,255.56*

18G8. ,

$432,000.00

$03,390.00

vin.

romi Companies.
CENTRAL RAILROAD.

NUMBER
OF
DEPOSIT WAR-
RANTS.

PRI.\CIPAL..

INTEREST.

DATE j
PAVKEXT.

Specie.

State Warrants

Warrants j Warrants
fundable in fundable in six
eight per cent. per cent.
State Bonds. | State Bonds.

TOTAL
INTERE.-T.

1S58.

3327

3328
3343
3.532

3573
3574
3575
3576
3577
3601
3648
3685
3802

$7,91.5.00
1,240.00

$7,915.00

1,240.00

«3,000.00
1,200.00

1859.
Felii'uary 12

9,000.00
3,600.00
1,350.00
1,350.00
1,168.76
25.00

9,000.00
S 600.00

- 1 350.00

February 12

1,350.00

1,108.76
25.00

3,000.00

1,200.00

600.00

.July :>

251 1 200 00

1860.

82
105
123
172J
186
242
328

905
907
908
909
915
918
922

8
14
15
10

Balance due. .

600.00

3,000.00

1,200.00

600.00

1,800.00

.1 .... i.-

24 1.''.2 45

'. j ' 1

July 10

1864.
.J-muiry 20

.*{.-23,466.76
6,670.00
15,009.92
4.000.00

"3 466 76

....-....( . .

6 670 00

April 19

July J3 . ...

1 . . .

$^31,618. 69 $42.0(1

2,000.00 ...

22 .569 98 397 00

22 966 98

1866.

2,855.00

3,375.00
10,830.00

. '

2,8.w.00

3,37.->.00
10,8;10.00
10,500.00
4.500.00
6,230.00

63,390.00

1867.

April 23

10,500.00
4,500.00
6,280.00

May 24

1868.

4.'?2,000.00

$450,000.00

$88,091.21

$49,146.68

$56,188.67

$439.00

$257,255.56

370

RECONSTRUCTION CONVENTION JOURNAL.

TABLE IX.

STATEMENT OF AMOUNTS

Paid bj the Treasury, State of Texas, on account of Asylums, from
their establishment to the first day of June, 1868. '

18,600.50
678.00

AMOUNTS PAID

On account of lands appropriated
for the benefit of Asylums :
Amounts paid to October 81,
1857

Amounts paid to August 31,
1859

$9,278.50

LUNATIC ASYLUM.

Amounts drawn to October 31,
1857

$2,663.46
2,577.78

• 4,500.00
6,633.66

42,502.61

Amounts drawn to August 31,
1859

Amounts drawn for purchase of site,
furnishing and support,
August 31, 1859

Amounts drawn for support, furnish-
ing, etc., to August 31, 1861

Amounts drawn for support to Au-
gust 31, 1861

58,877.5

Amounts drawn to August 31,
1862

$14,000.00

10,166.66
145,000.00

Amounts drawn to August 31,
1863

Amounts drawn to June 1865 ....

169,166.66

RECONSTRUCTION CONVENTION JOURNAL.

371

STATEMENT

Of amounts paid by the Treasury, State of Texas, on account of
Asylums, from their establishment to the first day of June,
1868 — Co7itimied.

AMOUNTS PAID

Provisional Government.

Amounts drawn from October 13,

1865, to August 13, 1866,

A. J. Hamilton, Governor . .
Amounts drawn from August 14,

$11,216.67

1866, to September 3, 1867,

J. W. Throckmorton, Gov-

ernor

28,297.37

Amounts drawn from September 4,
1867, to June 1, 1868, E.

M. Pease, Governor

16,327.51

$55,841.55

Lunatic Asylum total

$283,885.72

DEAF AND DUMB ASYLUM.

M- 7

Amounts drawn to October 31,

1857

$5,579.02

Amounts drawn to August 31,

1859

4,420.98

Amounts drawn for purchase and

improving site, to August 31,

1859

7,500.00

Amounts drawn for support to Au-

gust 31, 1859

6,500.00

Amounts drawn to August 31,

1861

12,945.11

$36,945.11

Amounts drawn to August 31,

1862

$8,500.00

372

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT

Of amounts paid by the Treasury, State of Texas, on account of
AsyiuiQS, from their establishment to the first day of June,
1868 — Continued.

Amounts drawn to August 31,

1863

Amounts drawn to June, 1865 ....

Provisional Government.

Amounts drawn from October 13,

1865, to August 13, 1866,
A. J. Hamilton, Governor. .

Amounts drawn from August 14,

1866, to September 3, 1867,
J. W. Throckmorton, Gov-
ernor

Amounts drawn from September 4,

1867, to June 1, 1868, E.
M. Pease, Governor

18,500.00
62,500.00

$16,000.00

12,875.00

7,875.00

AMOUNTS PAID

Deaf and Dumb Asylum total .

BLIND ASYLUM.

Amounts drawn to October 31

1857 .' $4,336.73

Amounts drawn to August 31,

1859 4,148.69

Amounts drawn for purchase and im-
provement of site, to August
31, 1859 12,393.00

Amounts drawn for support to Au-|

gust 31, 1859 I 5,605.94

$79,500.00

36,750.00

$153,195.11

RECONSTRUCTION CONVENTION JOURNAL.

373

STATEMENT

Of amounts paid by the Treasuiy, State of Texas, on account of
Asylums, from their establishment to the first day of June,
1868 — Continued.

AMOUNTS PAID

Amounts drawn for support to Au-
gust 31, 1869

S894.06

$27,378.42

Amounts drawn to August 31,

1862

$11,183.59

Amounts drawn to August 31,

1863

8,189.62

Amounts di-awn to June, 1865 ....

26,000.00

$45,373.21

Provisional Government.

Amounts drawn from October 13,

1865. to August 13, 1866,

for repairs, A. J.. Hamilton,
Governor

$687.42

Amounts drawn from October 13,

1865, to August 13, 1866,

for support of blind persons,
A. J. Hamilton, Governor . .

1,843.82

Amounts drawn from August 14,

1866, to September 3, 1867,
J. W. Throckmorton, Gov-

ernor

4.960.22

Amounts drawn from September 4,
1867, to June 1, 1868, JjJ.

M. Pease, Governor

5,001.56

1 •'> 493 O-"^

$85,244.65

374

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT

Of amounts paid by the Treasury, State of Texas, on account of
Asylums, from their establishment to the first day of June,
1868 — Coniiniied.

RECAPITULATION.

Amounts drawn for lands appropriated for Asy-
lums

$9,278.50
283,885.72
153,195.11

85,244.65

Amounts drawn for the Lunatic Asylum .... ....

Amounts drawn for the Deaf and Dumb Asylum . .
Amounts drawn for the Blind Asylum

Total amounts drawn

$531,603.98

$132,479.54
294,039.87
105,084.57

Amounts paid in specie

Amounts paid in State Treasury Warrants

Amounts paid in U. S. Currency

Total amounts drawn

$531,603.98

RECONSTRUCTIOX CONVENTION JOURNAL.

375

3 i

o I

o 00

O CO

e* QO

^ S3

C3 t^

o .

O c3
O ^

■73

£3

O O-l T-i U^

OD LO lO rf
t— CO OS 'ti
CM CO rH^<>l^

:^O0 10 00

CM r-i

5?5 PS

a5
H

■<

fsi

UO O (M

CO o o

T— I o CO
^ 1^0 0:1
00 t-^^

io"co"G<r

UO CO tH

CO O i-H
O O CN

CO o CO

CO o t-

1— s O CO

Ci oi lO
CO L- Tti

CTj

co^

<Z> T-t r-i O^
O lO tH T^

06 t-- ^O 06
b- t- -^ b-

<M co^c:^co_^
i^uti CO CM

a
<:

1^ E —

C X — I r-.

c S S 3

CO
o

376

RECONSTRUCTION CONVENTION JOURNAL.

TABLE X.

STATEMENT

Of amounts paid by the Treasury of the State of Texas on account
of the State Penitentiary, from its establishment to the first
day of June, 1868.

For the erection and support of
the Penitentiary.

For the erection and support of the

Penitentiary, 1848

For the erection and support of the

Penitentiary, 1849

For the construction and support of

the Penitentiary, 1850

For the construction and support of

the Penitentiary, 1850

For the construction and support of

the Penitentiary, 1851

For the construction and support of

the Penitentiary, 1852

For the support of the Penitentiary,

1853 .•••:•••

For the support of the Penitentiary,

1854

For the support of the Penitentiary,

1855

For pay of claims against the Peni-
tentiary, 1856

For the support of the Penitentiary,

1856

For the support of the Penitentiary,

1857

^10,000.00

10,000.00

5,000.00

2,000.00

5,000.00

22,258.01

22,268.00

21,400.00

5,548.70

15,300.00

$155,474.71

RECONSTRUCTION CONVENTION JOURNAL.

377

STATEMENT

Of amounts paid by the Treasury of the State of Texas on account
of the State Penitentiary, from its establishment to the first
day of June, 1868 — Continued.

For the erection of factory, pur-
chase of materials, jmy of ew-
ployes, inachinery, and for
fuel

For the erection of factory, 1854 . .

For the purchase of site for ware-
house, 1856

For the purchase of raw materials
and fuel, 1856

For the purchase of material, pay of
master engineer, and extra ex-
penses, 1856

For the support of cotton and woolen
factories, pay of employes, pur-
chase of raw material and fuel,
1857

For the purchase of materials for
State Factory, 1857

For the purchase of materials for
State factory, 1860

For the purchase of machinery for
State factory, 1860

Salary of Superintendent.

Salary of Superintendent, 1854 . . .
Salary of Superintendent, 1855 . . .
Salary of Superintendent, 1856 . . .
Salary of Superintendent, 1857 . . .
Salary of Superintendent, 1860 . . .
Salary of Superintendent, 1861 . . .

Salary of Superintendent, 1862 . . .
Salary of Superintendent, 1863 . . .

135,000.00

2,000.00
9,000.00

10,000.00

9,000.00
20,000.00
15,000.00
27,000.00

$1,200.00
1.200.00!
1,200.00:
1.200.00
1.487.50
1,512.50

$1,500.00|
1,500.00

$127,000.00

$7,800.00
$3,000.00

878

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT

Of amounts paid by the Treasuiy of the State of Texas on account
of the State Penitentiary, from its establishment to the first
clay of June, 1868 — Continued.

Salary of Superintendent, 1867 and
1868

Salary and extra pay to Clerk
and Financial Agent.

Salary of Clerk, 1854

Salary of Clerk, 1855

Salary of Financial Agent, 1856 . .
Pay for extra services of Financial

Agent, 1856

Salai'y of Clerk and Financial

Agent, 1857

Salary of Financial Agent, 1860 . .
Salary of Financial Agent, 1861 . .

Salary of Financial Agent, 1862 . .
Salary of Financial Agent, 1863 .■ .
Salary of Financial Agent, 1864 . .

Salary of Financial Agent, 1867 . .
Salary of Financial Agent, 1868 . .

Salary of Directors and Physi-
cians.

Salary of four Directors and Physi-
cians, 1856

Salary of four Directors and Physi-
cians, 1857

Salary of three Directors, 1860 . . .

Salary of three Directors, 1861 . . .

1900.00

900.00

1,200.00

500.00

1,200.00
1,500.00
1,462.50

11,375.00
1,500.00
1,500.00

23.12

826.38

$695.49

1,198.54
750.00
748.16

$1,749.60

$12,549.60

$7,662.50

4,375.00
349.50

$12,887.00

$3,887.19

RECONSTRUCTION CONVENTION JOURNAL.

379

STATEMJENT

Of amounts paid by the Treasury of the State of Texas on account
of the State Penitentiary, from its establishment to the first
clay of June, 1868 — Continued.

Salary of three Directors, 1862. . .
Salary of three Directors, 1863. . .

$750.00
625.00

$1,375.00
581.25

Salary of three Directors, 1867 and
1868

$229.17
250.00
208.82

Salary of Chaplain.

Pay of Chaplain, 1857

Salary of Chaplain, 1860

Salary of Chaplain, 1861

$5,343.44

$687.49

500.00
375.00

Salary of Chaplain, 1862

Salary of Chaplain, 1863

250.00
250.00

Salary of Chaplain, 1867 and 1868

$500.00
492.36

Salary of Physician.

Salary of Physician, 1860

Salary of Physician, 1861

1,562.49

$992.36

1,000.00
525.00

Salary of Physician, 1862

Salary of Physician, 1863

500.00
500.00

Salary of Physician, 1867 and
1868

$2,517.36

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT

Of amounts paid bj the Treasury of the State of Texas on account
of the State Penitentiary, from its establishment to the first
daj of June, 1868 — Continued.

Stationery^ Postage and Printing.

For stationery, postage and print-
ino-, 1860

$150.00

150.00

For stationery, postage and print-
ing, 1861

$300.00
112 50

For stationery, postage and print-
ino- 1862

Add for transportation of convicts
to Penitentiary :

For 1858, 1859, 1860 to 1861. . . .

$412.50

$20,223.00
8,549.90

For 1861 and 1862

$23,772.90

RECONSTRUCTION CONVENTION JOURNAL.

381

STATEMENT

Of amounts paid by the Treasury of tlie State of Texas on account
of the State Penitentiary, from its establishment to the first
day of June, 1868 — Continued.

RECAPITULATION.

Summary statement of the various accounts.

For the erection and support of the
Penitentiary

$155,474.71
127.000.00

For the erection of flxctory, materials,
machinery, etc

$282,474.71

For salary of Superintendent

For salary of Clerk and Financial
Accent

^12,549.60

12,387.00
5,343.44
1,562.49
2,517.36

For salary of Directors

For salary of Chaplain

For salary of Physician

34,359.89
412 50

For stationery, postage and printing

For transportation of convicts to

Penitentiary

23,772.90

8341,020.00

382

RECONSTRUCTION CONVENTION JOURNAL,

STATEMENT

Of amounts paid by the Treasury of the State of Texas on account
of the State Penitentiary, from its establishment to the first
day of June, 1868 — Concluded.

^ 1

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Ph H

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m <5

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t— O O O -rf ^ M lO Oi I O

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RECONSTRUCTION CONVENTION JOURNAL.

383

fcO

t-M

r-^

H
CO

rr^

-tj

CO
CO

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o
o
CO

T-l

od
o
CO

OS
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1— I

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00

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1-1
cT

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o
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CM

C<3

to
CM
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1-^

384

RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT

Of the amount and character of funds paid for School Lands during
the rebellion — Cojit'mued.

The ^137,344.44 received on ac-
count of University Land Sales
were deposited to credit of Uni-
versity Land Sales as follows,
viz:

In specie

Li ten per cent. State War

rants

In State Treasury Warrants

(non-interest)

In Confederate States Notes

Of the $222,509.92 received on ac-
count of Sales of Land Scrips,
$7,900.45 vrere deposited to
credit of School Fund under
act of February 11, 1858,
follows, viz:

In specie

In ten per cent. Warrants

and $214,609.47 deposited to
credit of State Revenue, under
act of January 1, 1862, chap-
ter xxiv, as follows, viz :

In specie

In ten per cent. State War-
rants

In State Treasury Warrants
(non-interest)

In Confederate States Notes

|9.16
12,230.39

10,300.41

114.804.48

1183.36
7.717.00

133.00

2,891.51

4,308.60
207,376.36

$137,344.44

$7,900.45

$214,609.47

RECONSTRUCTION CONVENTION JOURNAL.

3S5

STATEMENT

Of the amount and clinracter of funds paid for School Lands during
the rebellion — Concluded.

Of the $14,069.48 received or Set-
tlers' Claims, $4,010.05 were
deposited to credit of School
Fund as follows, viz:

In ten per cent. Vv^'arrants

and $10,059.43 deposited to
credit of State Revenue, as fol-
lows, viz :

In ten per cent. State Yv^ar-

rants

In State Treasury Warrants

(non-interest)

Li Confederate States Notes

$1,084.70

959.25

8.015.48

$4,010.05

i;10.059.43

S373.923.84

KECOjSrSTHUCTTON CONVENTIOA^ JOURXAL,

TABLE Xir.

REPORT OF LICENSE AND OCCUPATION TAXES

Returned for the year 1867.

NAME OF COUNTY.

Anderson
Angelina
Attiscosa
Austin . .
Bandera .
Bastrop ,
Blanco . .

Bee

Bell ....
Bexar . .
Bosque . .
BoAvie . .
Brazoria .
Brazos . .
Brown . .
Burleson
Burnet . ,
Calhoun .
Caldwell.
Cameron .
Comal . . .
Clay. . . .
Collin . . .
Colorado .
Chambers
Cherokee
Comanche
Cooke . , .
Coryell .
Coleman .

TO Yv'HAT Ti:.IE
RETURNED.

September SO, 186T
September 30, 1867
September 30, 1867
No returns.
September 30, 1867
March 31, 1867
No returns.
September 30, 1867
September 30, 18i37
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1367
September 30, i8'67
March 30, 1867
June 30, 1^67
June 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
[See Montague co.]
September 30, 1867
September 30, 1867
No returns.
September 30, 1867
No returns.
September 30, 1367
September 30. 1867
June 30, 1867

AxMOUNT.

$672.00
300.00
199.99

231. 9(>
522.47

■ 37.50

982.47

10,840.46

468.48

700.00

851.21

2.820.63

' 25.00

630.62

93.32

3.948.15

1.254.52

3.648.52

1.575.15

579.64
3,113.87

1,029.16

462.50
490.52
100.00

RECONSTRUCTION CONVENTION JOURNAL.

387

REPORT

Of License and Occupation Taxes returned for the year 1867 — Co)i-

tiniied.

NAME OF COUNTY.

TO WHAT TIME
RETURNED.

Dallas....
Davis . . . .
Denton . . .
Do Witt. . .

Ellis

El Paso . .
Erath . . . .

Falls

Fannin . . .
Fayette . . .
Fort Bend
Fieestoue .
Galveston .
Gillespie. .
Goliad . . .
Gonzales. .
Guadalupe
Grayson . .
Grimes . . ,
Hamilton .

H=V^.

Harris . . .
Harrison. .
Hardin . . .
Henderson
Hidalgo . .
Hill .^ . . .
Hood ....
Hopkins . .
Houston . .
Hunt ....
Jaek

September 30, 1867
September 30, 1867
September 80, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
June 30, 1867
September 30, 1867
March bl, 1867
June 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
September 30, 1867
No retui-ns.

AMOUNT.

$712.50

545.00

367.35

548.53

473.32

897.50

150.00

1,027.18

1.426.98

3.359.16

2.163.66

842.50

20,878.07

892.38

510.00

948.07
999.25

3,267.50

75.00

215.00

6.299.96

3,633.32
37.50
445 00
109.30
220.57
112.50
645.85

1,472.26
455.00

388

RECOITSTEUCTION COXVENTION JOURNAL.

REPORT

Of License and Occupation Taxes returned for the year 1867 — Con-

iinved.

NAME 0? COUNTY.

Jackson . .
Ta^sper . . .
Jeff.TSon. .
Johnson . .
Kaufman .
Karnes . ; .
Kendall . .

Kerr

Lavaca . . .
Lampasas .
Lamar . . .

Leon

Llano ....
Libert J. . .
Limestone .
Live Oak .
Madison . .
Marion . . .

TO WHAT TIME
RETURNED.

AMOUNT.

Matagorda
: lason .
ilcLennan
3Icdina . .
M.enard. . .

i.Vj.3iam

luontgomer J .
^■ilontague . . .
Nacogdoches ,
Navarro . . . .
Nueces ....

Newton

Orange

Palo Pinto. . .

September 30, 1867
September SO, 1867
September 80, 1867
September 30, 1867
September 30, 1867
September 30, 18671
SeDtember 30, 1867 j
September 30, 1867;
September 30, 1867!
September 30,1867;
September 30, 1367J
September 30,1867;
No returns.
September 30, 1867!
September 30, 1867'
September 30, 18671
September 30. 1867 1
September 30,1867!
September 30, 1867j
September 30, 1857 1
June 30, 1867 I

September 30, 1867!
No returns. j

September 30, 1867 j
September 30, 1867 j
September 30, 1867 1
No returns. I

September 30, 1867 j
September 30, 1867;
September 30,13671
June 30. 1867 !
June 30, 1867 '

$200.00
622.50
448.14
198.75
608.33
325.00
566.66
125.00

1,769.65

37.50

990.00

1,063.96

650.03
447.50
305.22
390.00
1,685.83
567.66
325.7D
630.00
605.00

575.00,

717.66

25.00

581.54

1,312.33

225.00

355.83

99.84

EECOlSiSTRUCTIOX CONVENTION JOURNAL. 389

REPORT

Of License and Occupation Taxes returned for tlie year 1867 — Coii-
* eluded.

NAME OF COUNTY.

TO WHAT TliME
RETURNED.

AMOUNT.

Panola No returns.

r^irk-r September 30, 1867

Polk 'September 30, 1867

Rjd River jSeptember 30. 1867

Refugio jjune SO, 1867

llo')eitson j September 30, 1867

Rusk MnrchSl, 1867

Sail Augustine No returns.

San Patricio 'September 30, 1867

San Saba | September 30, 1867

Sabine September 30, 1867

Shelby I September 30. 1867

Smith i September 30, 1867

Slarr ". September 30, 1867

Stephens I

Tarrant 'june 30. 1867

Titus |September 30, 1867

Travis i September 30. 1867

Ti initj I June 30, 1867

T)der jNo returns.

Upshur September 30, 1867

Uvalde

Van Zandt

Victoria

Walkor

Washington

^Vharton

Webb

Williamson

Wilson '.

Wise

September 30,1867
September 30, 1:67'
September 30, 1867

Vrood i September 30, 1867

Zapata No returns.

June 30, 1867
September 30, 1867
September 30, 1867
March 31, 1867
September 30, 1867
September 30, 1867

Total

$646.59
816.66

1,766.87
140.00
550.00
388.15

75.00
155.00
341.66
324.50
1,390.33
237.50

155.00
1,425.17
3.486.66

400.00

300.00
200.00

2,026.20
720.81

it.442.50
764.62
160.27
414.16
350.00
.75.00
950.00

S130.024.14

590

RECONSTRUCTION CONVENTION JOURNAL.

TABLE XIII.

TAXES ASSESSED FOR THE YEAR 1867.

Total value of all property assessed
for 1867

Tax on same at fifteen cents per one
hundred dollars

Poll tpci at one hundred dollars per
capita

Inconio tax

Salary tax

License and Occupation Taxes

$255,008.31

99.013.00

38,891.78

1,186.58

$•170,005,545.00

1394,099.67

130,024.14

|;524,123.81

' RECOXSTRUCTION COXVEXTIOX JOURNAL. 391

My. I?uffiiigtou, offcrc'l the following resolution :

Resolved, that a resolution passed on the — day of — , fixing the
hour of the adjournment of this Convention at one o'clock of each
day be, and the same is hei'chy repealed.

Mr. Adams offered the following declaration, and asked its refer-
ence to the committee on Political and Legislative.

Be it declared, 1st, That the Legislature shall have power to grant
general charters, and shall not have power to grant any special
charter for any purpose whatever; pi-ovifled, the Legislature may
create new" counties by pul)lic or local laws.

2. The Legislature shall prohibit any corporation now in exist-
ence, wliich have, or may commit acts of forreiture from continuing
or carrying on business, save under a general charter.

Retencd to committee on Political or Legislative.

Mr, Thomas offered thf following resolution :

Whereas, the question of the division of the State has con-
sumed much of the time of this Convention, and

Whereas, the reconstruction acts of Congress do not authorize
this body to consider that question ; therefore

Be it resolved, that this Convention will henceforth confine itself
to the business for which it was convened, and that no question
relating to a division of the State, will hereaiter be entertained,
unless by authority of the Congress of the United States.

My. Thomas moved that the rules be suspended to allow consider-
ation of the resolution, upon which the yeas and nays were demanded
and resulted thus :

Yeas — Messrs. President, Adams, Armstrong, of Jasper, Arm-
strong, of Lamar, Bell, Bellinger, Bledsoe, Board. Brown. Bryant,
of Harris, Carter, Cole, Coleman, Constant, Cartis, Degeiicr,
Flanagan, Fleming, Foster, Gray, Grigsby, Hamilton, of Travis,
Harris, Harne, Johnson, of Harrison, Jordan, Kealy, Keigwin,
Kendal, Leib, Lindsay, Mackey, McCormick. Mc Washington, Mills,
Morse, Mundine, Piiillips of San Augustine, Pose}^, Rogers, Schuelze,
Stockluidgo, Talbot, Thomas. Vaughan. Watvous, Williams, Wilson,
of Brazoria, Wilson, of I\Iil;un, \\''rigbt — 50.

Nays — Messrs. BuiEngton, Burnett. Downing. Evans, of McLen-
nan, Evans, of Titus, Fayle, Vv''. Flanagan, Hunt, Johnson, of
Calhoun, Kuechler, Lippard, Long, Muckleroy. Mullins, Munroe,
Newcomb, Onks, Patten. Phillips, of V.'harton. Ruby, Slaughtei",
Smith, of Galveston. Whitmoie, Yarborough. — 24.

So thf rules were susj)ended.

Mr. McCormick moved a call of the Flouse.

Call sustained.

Syz RECOSoTRUCTIOiSr CONVBi'rriOJT jousxal. ^

Absentees, Bryant, of Grayson, Gaston, Glenn, Pecligo, Scott,.
Smith, of Marion, Sarnner, Yarneil.

Mr. Mullms moved a suspension of the call.

Call suspended.

Mv. McCormick moved a call of the House.

Call sustained

jSIr. Sumner asked that Mr. Bryant, of Grayson, he excused on
ac-count of sickness, and also asked to be excused himself for the
t ..liie cause.

Carried.

Mr. Whitmore moved the House take a recess for twenty minutes.

Carried.

Mr. Johnson, of Calhoun, moved a suspension of the call of the
House, upon which the yeas and nays were demanded, and resu.ted
tiius : ■ .1

Yeas — Messrs. President, Adams, Armstrong of Jasper, Buffing-
ton, Burnett, Carter, Coleman, Evans of McLennan, Evans of
Titus, Fayle, Flanagan, Foster, Gaston, Glenn, Harris, Hunt,
Johnson of Calhouil, Jordan, Kuechler, Long, Muckleroy, Mullins,
Munroe, Newcomb, Oaks,- Patten, Pedigo, Phillips of Wharton,
Ituby, Slaughter, Smith of Galveston, Vfhitmore, Williams, Wright,
Yarborougli — S5 .

xTays — Messrs. Armstrong of Lamar, Bell, Bellinger, Bledsoe,
Board. Brown, Brji-ant of Hari-is, Cole, Constant, Curtis, Degener,
"Dovaiing, W. Flanagan, Fleming, Gray, Grigsby, Hamilton of
Travis, Harne, Johnson of Harrison, Kealy, Keigwin, E.ondal,
Leib, Lindsay, Lippard, Mackey, McCormick, Mc"Washingtorj,
Mills. Morse, Mundine, Philips o; San Augustine, Posey, Rogers.
Schuetze, Smith of Marion, Stockbridge, Talbot, Thomas, Varnell,
Vaughan, Watrous, W^ilson of -Brazoria, Wilson of Milam — 44.

So the call was not suspended.

I\Ir. Mills rose to a question of privilege,

Pi,uled out of order.

Isir. Pedigo moved a suspension of rules to enable Mr. Mills to
state his question.

The Convention refused to suspend rules.

My- Mills moved that the rules be suspended to take up resolution
of Mr. Newcomb legitimatizing bastard children.

Buled out of order.

Mr. BucBngton moved that the Convention adjourn until to-mor-
Tow morning, at nine o'clock, upon Vidjich the yeas. and nays were
demanded and resulted tiius :

Yeas--Mes3rs. Armstrong, of Lamar, Bell, Bellinger. Bufilng-
ton. Cols, Constant, Fleming, Gray, Grig^5by, Hamilton, of Travis.

RECONSTRUCTION CONVENTION JOURNAL. 89B

IL'.ni, Keigwin, Kendal, Lindsay, McCormick, Mills, Mucklcioj,
]\Iundino, Pcdigo, Posey, Rogers, Stockbridge, Tliomas, Vaugiian,
■Wiliiarns, Vniscu, of Brazoria — 2G.

;Nays — Mos:irs. President, Adams, Armstrong, of Jasper, Eled-
psoo, Board, Brown, Bry;int, of Harris, Burnett, Carter. Coleman,

■ Curtis, Degcner, Downing. Evans of McLennan, Evans, of Titus.
Faylc, Flanagan, W. Flanagan, Foster, Gaston, Glenn, ILirris,
Hunt, Johnson, of Harri.-^on, Johnson, of Calhoun, Jordan, Kealy,
Kuechler, Leib, Li])pard, Long, Mackey, McV>'asbington, Morse,
Mullins, Munroe, Ncwcomb, Oaks, Patten, Phillips, of San
Augustine, Phillips, of Wharton, Ruby, Schuetze, Slaughter,
Smith, of Galveston. Smith, of Marion, Talbot, Yarnell, Wairous,
■\V' itmore, Wilson, of Milam, Wright, Yi^icoicugh.— G8.

So t' e '^onvcntion 'e'^used to adjourn.

Mr. Evans, of McLennan, moved a suspension of the call of the
House, upon which the yeas and nays were demanded and resulted
, thus :

■ Yeas — Messrs. President, Adams, Armstrong of Jasper. Buffington,
Burnett, Carter, Coleman, Degener, Downing, Evans of McLennan,
Evans of Titus, Fayie, Flanag.ui, Glenn, Harris, Hunt, Johnson of
Harrison, Kendal, Kuccblcr, Lindsay. Lippard, Long, Mc Washing-
ton. Muclderoy, Mullins, Munroe, Newcomb, Oaks, Patten, Pcdigo,
Pliiilips of Wharton, Schuetze, Slaughter, Whitmore, Williams,
Y'arborough-- S6.

Nays —Messrs. Armstrong of Lamar, Bell, Bellinger, Bledsoe,
' -rd. Brown, Bryant of Ranis, Cole, Constant, Curtis. W.
rianagan, Fleming, Foster, Gaston, Gray, Grigsby,^ Haniilton ox
Travis, Ham, Johnson, of Calhoun, Jordan, Kealy, Keigwin, Leib,
Mackey, McCormick, Mills, Morse, Mundine, Phillips^ of San
AuiXustinc, Posey. Rogers. Ruby, Smith of Galveston, Smith, of
- INIarion, Stockbridge, Talbot, Thomas, Yarnell, Yaugban, V.' atrous,
"Wilson of Brazoria, Wilson, of Milam, Wright — 43.

So the Convention refused to suspend the call.

^h. Ruby moved that the Convention adjourn until to-morrow
, -. hing at'9 o'clock, upon which the yeas and nays were demanded
; ■] re.-:ulted tlnis:

Yeas— Messis. Adams, Arnistrong, of Lamur, Bell, Bellinger,

"iasper.

Bryant, of Harris, BufSnglon, Burnett. Carter, Coleman, Constant,
Curtis, Degener, Downing, Evans, of McLennan, Evans, of Titus,
Fayle. Flanagan, W. Flanagan. Fleming. Foster, Gaston, Glemi;

39-4 RECONSTRUCTIOX COXVEXTION JOURNAL.

Gray, Grigsbj, Harris, Hunt, Jolmson.of Callioun, Jordan, Kealy,
KeigAvin, Kuechier, Lippard, Long, McCormick, Mills, Moi'se,
Muckieroj, jMullius, Munroe, Newcomb, Oaks, Patten, Phillips,
of San Augustine, Pliiilips, of Wharton, Rogers, Rubj, Schuetze,
Slaughter, Smith, of Galveston, Smith, of Marion, Talbot, Watrous,
Whitmore, Williams, Wilson, of Brazoria, ¥/ilson of Milam, Yar-
borough — 57.

So the Convention refused to adjourn.

Under the rules the Convention adjourned until to-morrow morn-
ino- at 9 o'clock-

CAPITOL, AUSTIN, TEXAS,
July 15, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prajer bj the Chaplain.
. Journal of ycsterdav read and adopted.

Mr. Yarborough presented a petition from citizens of Wood, Hop-
kins, Hunt, and Vanzandt counties, asking the formation of a new
county out of portions of said counties ; and asked its reference to
Committee on Counties and County Boundaries.

It was so referred.

Mr. Evans, of McLennan, from Committee on Federal Relations,
made the following reports :

To the Hon. E. J. DAVIS,

President of the Convention :
Sir: Your Committee on Federal Relations have had under con-
sideration a declaration of Evans, of MoLennan county, and instruct
me to report back to this body the following substitute; and ask its
passage :

A. J. EVANS,

Chairman.

A DECLARATION.

Be it declared hy this Convention of the people of Texas, 1.
That the Governor of the State of Texas be, and he is hereby
authoriz ;d and reipaested to open negotiations with the Government
of the United States, for cession by sale, on the part of the State of
Texas to the United States, of all that part of the territory of Texas,
north and west of a line from the northwest corner of Hardeman

RECONSTRUCTION CONVENTION JOURNAL. 395

countjj to the mouth of the Pecos river ; provided, that no cession or
sale of said territory shall have effect until submitted to, and ap-
proved by the Legislature of Texas; and provided further, that the
proceeds arising from any sale of said territory shall be applied to
school purposes, and no other.

Sec. 2. That the sum of five thousand dollars, or so much thereof
as may be necessary, be, and the same is hereby appropriated out
of any money in the Treasury of the State of Texas not otlierwise
appropriated, and placed subject to the warrant of the Governor, to
enable him to carry out the provisions of this declaration.

Sec, 3. The Governor shall have the authority to appoint a com-
missioner or agent to assist him in the negotiations specified in sec-
tion first of this declaration.

Mr. Evang. of McLennan, ofibred the following additional report
from the Committee on Federal Relations, with the accompanying
resolution :

To the Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on Federal Relations, to which v/as referred
the resolution of Mr. Carter, asking the Congress of the United
Status to relieve persons living upon the frontiers of Texas for losses
sustained by Indian depredations since the twenty-fifth of x'Vpril,
18(55, have had the same under consideration, and Ijeg leave to mate
the following report:

The Committee consider that the persons for Avhom relief is asked
have a double claim upon tlie consideration of Congress.

At the close of the war they returned to their homes upon the
outside frontier, having fall faith in the strength and power of the
Government to protect them. They stood, in a m^anner, as a vrall
between the fierce and barbarous savage, and the inside settlers,
giving protection to them at the expense of their own lives and
property.

As is implied in the resolution, numbers of these families have
been again broken up, in some cases Avith loss of life, losing their lit-
tle all, turned again upon the world homeless, houseless, without
even a horse left upon which to get away from their desolate homes.

Pages might be taken up in reciting the wrongs inflicted by the
Indians upon these defencelesss people, their calamities and suffer-
ings. But we think that the knowledge that the members have of
the sufferings of these unfortunate people, with the few facts stated
here, will be sufficient to induce them to give a favorable considera-
tion to their claims.

We know of no demand for relief that can equal the claims of

393 RECON-STGUCTION CONVSNTIOX JOUaXAL.

these liomcless people. Wo think that the encouragement given to
these hardy settlers, by a favorable consideration of this resolution,
would tend very much to hasten the settlement of our extensive fron-
tier : and while it would give just relief to the distressed frontiers-
man, would strengthen the arms of the Government, in so much
as Avould have the assistance of the settlers, who know the habits
of the savages, in successfully protecting the inside settlers.

To entirely ignore the claims of these citizens for relief vfould
show a degree of indifference to their suSerings, which we are un-
willing to believe is felt by the members of this Convention.

Upon these considerations vfs. return the resolution, and ask that
it be adopted.

A. J. EVANS,

Qtiairman.

Resolved, That the Congress of the United States, if not incon-
sistent with the relations existing between the Federal Grovernment
and the citizens of Texas, be respectl'uily petitioned -to appropriate a
sum sulScient to remunerate, in whole or in part, the citizens of the
frontier of Texas, for their losses incurred by Indian depredations
since the tv/enty-fifth of April, 1865,

Mr. Monroe, Chairman of the Committee on Engrossed bills, re-
ported provisions numbered respectively, 25, 26, 27, 28, 29, 30,
correctly engrossed.

Report adopted.

The Sergeant-at-Arms reported to the Convention that he had
ari-ested Mr. Scott, and held him in custody subject to the disposal
of the House.

Mr. Harn offered the following declaration, and asked its reference
to the Committee on General Provisions :

SscTiOM 1. Be it resolved by the people of Texas in Conven-
tion assembled, That whenever, on the trial of any cause, it shall
appear that the consideration of any contract, deed or conveyance,
was what was known as Confederate Treasury notes, the said con-
tract, deed or other conveyance is hereby declared to be null and void,
and the Court or judge trying any such cause shall so adjudge.

Sec. 2. Be it further ordained, That the plaintiff or defendant,
or both, may testify as a witness, on the trial of any cause contem-
plated in the first section of this declaration, and that this declaration
be in force from and after its passage.

Referred to tlie Committee on General Provisions.

Mr. Hamilton, of Travis, a,sked leave of absence for one hour, for
Mr. Po-3ey, of Lavaca.

Leave granted.

RECONSTRUCTION CONVENTION JOURNAL. 397

Mr. Patten offered the following resolution :

Resolved, That a committee of three be appointed by the Presi-
dent, to investigate the unaccountable absence from this Convention
Oi'Mr. J. R. Scott, on ycsterdaj.

That said oouimittee have power to send for witnesses, and that
they report bj resolution or otherwise.

Mr. Patten moved a suspension of rules for the consideration of
the resolution.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — ISIessrs. President, Adams, Armstrong of Jasper, Bell,
Board, Brown, Bryant, of Harris, Burnett, Carter, Coleman, Cur-
tis, Degener, Downing, Evans, of McLennan, Evans, of Titus,
Fayle, Flanagan, W. Flanagan, Foster, Grigsby, Harris, Hunt,
Johnson, of Calhoun, Kendall, Kuechlor, Leib, Lippard, Mc Wash-
ington, Muclderoy, l\Iullins, Munroe, NeAVComb, Oaks, Patten, Pedi-
go, Phillips, of Wharton, Ruby, Schuetze, Slaughter, Smith, of
Galveston, Smith, of Marion, Talbot, Whitmore, VViiliams, Wilson,
of Milam, Wright, Yarborough — 47.

Nays — Messrs. Armstrong, of Lamar, Bellinger, Bledsoe. Buf-
fington. Constant, Fleming, Gaston, Glenn, Gray, Hamilton of Travis,
Harn, Johnson, of Harrison, Kealy, Keigvvin, Lindsay, Long,
Mackey, McCormick, Mills, Morse, Munctine, Phillips, of San
Augustine, Rogers, Stockbridge, Sumner, Thomas, Jt'^arnell, Wat-
rous, Wilson, of Brazoria — 29.

TwD-thirds not voting in the affirmative the Convention refused to
suspend rules.

Mr. Sumner offered the follov;ing resolution, and asked its refer-
ence to the Committee on Education :

Bo Uresoloei, Tnit the following shall be a se3tion of the Con-
stitution :

ARTICLE — .

Section — . Ail the public university lands in the State of
Texas that have not heretofore been disposed of shall be ami are
hareby turned over to the common School Fund. And it shall be
the duty of the Legislature to pass such laws as shall provide for
free schools in every neighborhood, in each county of this Stole;
provided, there shall no neighborhood be entitled to a free school
with less than twenty pupils.

Refei red to the Committee on Education.

Mr. Lindsay aslced leave of the Convention to take up the reso-
tion granting Dr. R. K. Smith, of Galveston, the use of the House for
a lecture on Fiiday night next.

398 RECONSTRUCTION CONVENTION JOURNAL.

Upon which the jeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bel-
linger, Bledsoe, Board, Brown, Bryant, of Harris, Burnett, Carter,
Coieman, Curtis, Degener, Downing, Evans of McLennan, Evans,
of Titus, Fayle, Foster, Grigsby, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Leib,
Lindsay, Lippard, Mackey, McCormick, Mc Washington, Morse,
Mundine, Munroe, i^ewcomb. Oaks, Patten, Pedigo, Phillips of
Wharton. Rogers, Ruby, Schuetze, Slaughter, Smith of Marion,
Stockbridge, Talbot, Thomas, Watrous, Whitmore, Williams, Wil-
son of Brazoria, Wilson of Milam — 53.

Nays — Messrs. Armstrong of Jasper, Bell, BufiBngton, Constant,
Flanagan, W. Flanagan, Fleming, Gaston, Glenn, Gray, Ham-
ilton of Travis, Harris, Harn, Keigwin, Long, Mills, Muckleroy,
Mullins, Phillips, of San Augustine, Scott, Sumner, Varnell,
Wright, Yarborough — 24.

Leave granted.

Mr. Varnell asked leave for himself and Mr. Johnson to attend
Federal Court on summons.

Leave granted.

Upon the question " Shall the hall be granted to Dr. Smith on
next Friday night? " the resolution was agreed to.

Mr. Armstiwg, of Lamar, presented a petition from citizens of
Fannin and Lamar counties, asking tlie formation of a new county,
and asked its reference to the Committee on Counties and County
Boundaries.

Mr. Armstrong, of Lamar, offered the following declaration :

DECLARATION

Establishing the county of Webster.

Be it declared by the people of Texas i?i Conveiitioii assem-
bled,

Section 1. That a new county is hereby fo]-med and established
out of the counties of Fannin and Lamar, bounded as follows, to
wit :

Beginning at a point on the south boundary line of Lamar
county, seven miles east of its west boundary line ; thence north to
Red river; thence west with the meanders of said river to the
mouth of the Bois d'Arc creek, and with the meanders of said
creek to a point ten miles west of the east boundary line of Fannin
county ; thence south to the south boundary line of Fannin countyj

RECONSTRUCTION' CONVENTION JOUHNAL. 399

thenco east Avith the soutli boundary lines of Fannin and Lanmr
counties to the place of beginniiig.

Sec 2. Be it further declared. That it is hereby made the
duty of the people of said county of Webster to proceed to organize
said county, in strict conformity to an act entitled " An Act," ap-
proved March 20, 1848, " for tlie Organization of New Counties."

Sec 8. Be it further declared^ That it shall be the duty of the
County Court of Fannin county, as soon as convenient .-.fter the-
passage of this declaration, to organize the said county of Webster, hj
holding elections for the purpose of electing ail county officers, or
recommending suitable peisons to the Commander of the Fifth Mili-
tary District, to fill said offices.

Sec 4. Be It further declared. That it shall be the duty of the
people of said county, after its organization is completed, to hold an
election for the purpose of locating the county site, and a majority
A'oting in said election shall determine the location of said county
site.

Sec 5. And he it further declared.^ That in all general elections
the [>eople shall vote with the counties fiom Avhich they were taken,
until said county of Webster shall be entitled to separate represen-
tation.

On motion the declaration was referred to the Committee on
Counties and County Boundaries.

Mr. Munroe offered the following resolution :

Re:iolced, That the Secretai-y of the Convention be and he is
hereby directed to issue a certificate to H. G. McDaniel, Postmaster
to the Convention, for pay for his services, at the same per diem pay
as the other officers of the Convention.

On motion the resolution was referred to the Committee on Con-
tingent Expenses.

Mr. Armstrong, of Lamar, oflfered the following resolution :

Resolred, That the Convention adjourn sine die on Friday, the
1st day of August next. *

Mv. Smith, of Galveston, oSered the following resolution :

Whereas, Several members of this Convention Avere induced to.
travel circuitous routes, incurring unusual expense and labor in
reaching this Capitol, to save themselves from threatened assassina-
tion.

Resoh-ed, therefore. That the Committee on Contingent Ex-
penses take the case of these members into consideration, and report
what additional traveling expense, if any, shall be allowed.

Mr. Newcomb asked that the communication from INIessrs. Siem-
ering k Co., proprietors of the San Antonio Express, be read and
referred to the Committee on Finance.

400 REcoNsxaucTiON goinVention journal.

It was so referred.

Mr. Evans, of McLennan, asked that the communication of Gov-
ernor Pease, read on jesterdaj, respecting; the framing of th.e por-
trait of General Sam. Houston, be referred to the Committee on
Finance.

It was so referred.

Mr. Evans, of McLennan, moved that communication of Major
General J. J. Reynolds, read on yesterday, be referred to the Com-
mittee on Finance.

It was so referred.

Mr. W. Flanagan offered the following resolution :

Res-rdved, That the Constitution provide that apothecaries and
•druggists shall, by act of the Legislature, be required to give evi-
dence that they are skilled and educated in the profession, before any
licenso shall be issued for any such business.

On motion the resolution was referred to the Committee on G-en-
eral Provisions.

Mr. Lindsay moved that the special order of the day, at ten
o'clock, be postponed, to allow Mr. Mills to speak to a question of
privilege.

Agreed to.

The President decided that the reading of letters not relevant to
Mr. Mill's vindication, and not personally addressed to him, can-
riot bo read by him to the Convention.

Mr. tiarailton, of Travis, appealed from the decision of the chair,
and upon the question, " Shall the decision of the chair stand as
the decision of the House," the yeas and nays weve demanded and
resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Eell, Bel-
linger, Bledsoe, Board, Brovv-n, Bryant of Harris, BufBngton, Burnett,
Carter, Coleman, Curtis, Degener, Downing, Evans of McLennan,
Evans of Titus, Fayle, Flanagan, W. Flanagan, Foster, Gaston,
Harris,* Hunt, Johnson of Harrison, Jordan, Kendal, Kuechler,
licib, Lippard, Mackey, Mc¥/'asl)ington, Muckleroy, Munroe, Oaks,
Patten, Phillips of San Augustine, Phillips of Whavton, Rogers,
Raby, Schuetze, Slaughter, Smith of Galveston, Smith of Marion,
Sumner, Thomas, Watrous, Whitmore, Williams, Wilson of
Milam— 51.

Nays — Messrs, Fleming, Glenn, Gray, Grigsby, Hamilton of
Travis, Ham, Kealy, Keigwiu, Lindsay, Long, MeCormick, Mills,
Morse, Mullins, Mundine, Kewcomb, Pedigo, Stockbridge, Vaughan,
Wilson of Brazoria, Wrigiit — 21.

So the decision of the chair was sustained.

RECO^rSTRTJCTION CONVEXTION JOrRNAL. 401

The President announced the business in order was upon the reso-
lution offered bj Mr. Davis, of Nueses, relating- to the rules of the
House.

Mr. McConnick moved to lay the resolution upon the tal)le, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Constant, Evans of Titus, Fleming, Gaston, Glenn,
Gray, Grigsby, Hamilton of Travis, Harris, Harn, Johnson of
Harrison, Keigwin, Lindsay, Long, Mackey, McCormick, Mills,
Morse, Mullins, Mundine, IMunroe, Pedigo, Pliillips of Ban Augus-
tine, Rogers, Smith of Marion, Stockbridge, Sumner, Thomas,
Vaughan, Watrous, Wilson of Brazoria — 31.

Nays — Messrs. President. Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Board, Brown , Bryant
of Harris, Buffington, Burnett, Carter, Coleman, Curtis, Degener,
Downing, Evans of McLennan, Fayle, Flanagan, W. Flanagan,
Foster, Hunt, Jordan, Kealy, Kendal, Keuchler, Leib, Lippard,
McWashington, Muekleroy, Newcomb, Oaks, Patten, Phillips of
Wharton, Ruby, Schuetze, Slaughter, Smith of Galveston, Whit-
more, Williams, Wilson of Milam, Wright, Yarborough — 44.

So the Convention refused to lay the resolution oiiered by Mr.
Davis on the table.

Mr. McCormick offered the following amendment :

Strike out " further," and all that follows of the resolution.

Mr. Flanagan moved, to lay the amendment on the table.

The question recurring upon the motion to lay the amendment on
the table, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Brown, Bryant of Harris, Buffington,
Burnett, Coleman, Curtis, Degener, DoAvning, Evans of McLennan,
Fayle, Flanagan, Flanagan ^f., Foster, Hunt, Johnson of Harri-
son, Jordan, Kealy^ Kendal, Kuechler, Leib, Lippard, Long,
McWashington, Newcomb, Oaks, Patten, Phillips of Wharton,
Rogers, Schuetze, Slaughter, Smith of Galveston, Smith of Clarion,
Watrous, Whitmore, Williams, Wilson of Milam, Yarborough — 44.

Nays — Armstrong of Jasper, Carter, Constant, Evans of Titus,
Fleming, Gaston, Glenn, Gray, Grigsby, Hamilton of Travis, Har-
ris, Harn, Keigwin, Lindsay, Mackey, iMcCormick, Mills, Morse,
Muekleroy, Mullins, Mundine, Munroe, Pedigo, Phillips of San
Augustine, Stockbridge, Sumner, Thomas, Vaughan, Wilson of
Brazoria, Wright — 29.

So the amendment was laid upon the table.

The question recurring upon the adoption of the resolution, it
was agreed to as a rule of the House.
2t)

402 RECONSTRUCTION^ CONVEXTION JOURNAL.

Mr. Armstrong of Lamar, moved that Mr. Scott be relieved fro'm
the custody of the Sergeant-at-Arms by payment of fees.

Mr. Degener moved that the question be divided and the vote be
first taken upon the question of Mr. Scott's discharge from the cus-
tody of the Sergeant-at-Arms.

Upon the question being put, the yeas and nays were demanded
and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Bryant of Harris, Bur-
nett, Carter, Coleman, Constant, Curtis. Degener, Downing, Evans
of Titus, Fayle, Fleming, Gaston, Glenn, Gray, Grigsby, Hamilton
of Travis, Harris, Harn, Hunt, Johnson or Harrison, Kealy, Keig-
win, Kendal, Kuechler, Leib, Lindsay, Long, Mackey, McCormick,
Mills, Morse, Muckleroy, Mullins, Mundine, Munroe, Pedigo, Phil-
lips of San Augustine. Rogers, Schuetze, Stockbridge, Sumner,
Thomas, Vaughan, Whitmore, Wilson of Brazoria, Wright, Yar-
borough — 55.

Nays -Messrs. Board, Brown, Evans of McLennan, Flanagan,
W\ Flanagan, Foster, Jordan, Lippard, Mc Washington, Newcomb,
Oaks, Piitten, Phillips of Wharton, Slaughter, Smith of Galveston,
Smith of Marion, Watrous, Williams, Wilson of ISIilam — 19,

So the Convention agreed to discharge Mr. Scott.

Upon the question " Shall the member in arrest pay the cost un-
der the rules ?'' it vms agreed to.

Upon motion, the following resolution of Mr. Patten, respecting
the appoint ment of a committee to examine into the conduct of Mr.
Scott, was taken up and read :

Resolved. That a committee of three be appointed by the Presi-
dent to investigate the unaccountable absence from this Convention
of Mr. J. R. Scott, on yesterday.

That said committee have power to send for witnesses, and that
they report by resolution or otherwise.

Mr. Hamilton, of Travis-, offered the following amendment :

Amended as follows, to be inserted after the words " yesterday
and the conduct generally of the delegates of this Convention.''

Mr. Flanagan moved to lay the amendment upon the table, upon
which the yeas and nays were denranded and resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Bledsoe, Brown, Bryant of Harris, BufiSngton, Burnett, Carter,
Coleman, Curtis, Degener, Downing, Evans of McLennan, Evans
of Titus, Fayle, Flanagan, W. Flanagan, Foster, Gaston. Glenn,
Grigsby, Hunt, Johnson of Calhoun, Jordan, Keigwin, Kendal,
Kuechler, Leib, Mc Washington, Mullins, Munroe, Newcomb. Oaks,
Patten, Pedigo, Phillips of Wharton, Ruby, Schuetze, Scott, Smith

RECONSTRUCTION CONVENTION JOURNAL. 403

of Galveston, Smith, of Marion, Varnell, Watrous, Whitmore,
Williams, Wilson of Brazoria, Wilson of Milam, Wright, Yarborough
—51.

Najs — Messrs. Adams, Armstrong, of Lamar, Board, Constant,
Fleming, Gray, Hamilton of Tiavis. Harris, Harn, Johnson of
Harrison, Kealj, Lindsay. Lippard, Long, Mackej, McCormick,
Mills, Morse, Mundine, Phillips of San Augustine, Rogers, Stock-
bridge, Sumner, Thomas, Vaughan — 25.

So the amendment was laid upon the table.

The question recurring upon the adoption of the resolution, it
was agreed to.

The President announced the business in order was upon the
resolution of Mr. Tliomas, oifered yesterday, and upon the motion
of Mr. Flanagan to lay the resolution on the table.

Mr. McCormick moved a call of the House.

Call sustained.

Mr. Wright moved a suspension of the call of the House.

Carried.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

Mr. Whitmore moved the call of the House be suspended.

Carried.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

Bryant, of Harris, moved the call of the House be suspended,
upon which the yeas and nays Avere demanded, and resulted thus :

Yeas — Messrs. President, Adams, Bledsoe, Board, Bryant of
Harris, Burnett, Coleman, Curtis, Degener, Downing, Evans of
McLennan, Evans of Titus, Fayle, Flanagan, W. Flanagan. Foster,
Harris, Hunt. Jordan, Kendal. Kuechler, Leib, Lippard, Mc Wash-
ington, Newcomb,. Oaks, Patten, Pedigo, Phillips, of Wharton,
Ruby, Schuetze, Slaughter, Smitli, of Galveston, Smith, of j\Larion,
Talbot, Varnell, Watrous, Whitmore, Williams, Wilson of Milam,
Wright, l^'arborough . — 42.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Bellinger, Brown, Buffington, Carter, Constant, Fleming,
Gaston, Glenn, Gray, Grigsby, Hamilton of Travis, Harn, Johnson
of Harrison, Johnson of Calhoun, Kealy, Keigwin, Lindsay, Long,
Mackey, McCormick, Mills, Morse, Muckleroy, Mullins, Mundine,
Munroe, Phillips, of San Augustine, Posey, Rogers, Scott. Stock-
bridge, Sumner, Thomas, Vaughan, Wilson, of Brazoria — 39,

So the call was suspended.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

404 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Wliitmore moved the call of the House be suspended, upon
which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs, President, Adams, Bledsoe, Board, Bryant of
Harris, Burnett, Carter, Coleman, Curtis, Degener, Downing, Evans
of ^IcLennan, Evans of Tifcus, Fayle, Flanagan, W. Flanagan,
Foster, Gaston, Harris, Hunt, Jordan, Kendal, Kuechler, Leib,
Lippard, Mc Washington, Muckleroy, Mullins, Munroe, Newcomb,
Oaks, Patten, Pedigo, Phillips of Wharton, Buby, Schuetze,
Slaughter, Smith of Galveston, Smith of Marion, Talbot, Varnell,
Whitmore, Wilson of Milam, Wright, Yarborough — 44.

Nays — Messrs. Armstrong of Jasper, Armstrong, of Lamar,
Bell, Bellinger, Brown, Bufiington, Constant, Fleming, Glenn,
Gray, Grigsby, Hamilton of Travis, Harn, Johnson, of Harrison,
Johnson of Calhoun, Kealy, Keigwin, Lindsay, Long, Mackey,
McCormick, Mills, Morse, Mundine, Phillips of San Augustine,
Posey, Rogers, Scott, Stockbridge, Sumner, Thomas, Vauglian,
Watrous, Williams, Wilson of Biazoria. — 35.

So the call was suspended.

Mr. McCormick moved a call of the House.

Call sustained.

Mr. Armstrong, of Jasper, moved that the House adjourn until
to-morrow morning, at nine o'clock, upon which the yeas and nays
were demanded and resulted thus :

Yeas — Armstrong of Jasper, Armstrong of Lamar, Bell, Bellen-
ger. Board, Brown, Burnett, Carter. Cuitis, Degener, Fayle, Glenn,
Gray, Grigsby, Hamilton of Travis, Harn, Hunt, Johnson of
Harrison, Keigwin, Lindsay, Long, Mackey, McCormick, Mills,
Morse, Muckleroy, Mullins, Mundine, Pedigo, Posey, Rogers, Scott,
Stockbridge, Thomas, Watrous, Wilson of Brazoria — 37.

Nays — Mr. President, Adams, Bledsoe, Biyant, of Harris,
Buffington, Constant, Downing, Evans of McLennan, Evans of Titus,
Flanagan, W. Flanagan, Fleming, Foster, Gaston, Harris, Johnson of
Calhoun, Jordan, Kealy, Kendall, Keuchler. Leib, Lippard, Mc-
Washington, Munroe, Newcomb, Oaks, Patten, Phillips of San
Augustine, Phillips of Wharton, Ruby, Schuetze, Slaughter, Smith
of Galveston, Smith of Marion, Sumner, Talbot, Varnell, Vauglian,
Whitmore, Williams, Wilson of Milam, Wright, Yarborough — 43.

So the Convention refused to adjourn.

Mr. Lippard moved the call of the House be suspended, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Bledsoe,
Board, Bryant of Harris, Burnett, Carter, Curtis, Degener, Down-
ing, Evans of McLennan, Evans of Titus, Fayle, Flanagan, W.
Flanagan, Foster, Gaston, Harris, Hunt, Kendal, Kuechler, Leib,

RECONSTRUCTION CONVENTION JOURNAL. 405

Lippard, Mc Washington, Muckleroj, Mullins, Munroe, Newcomb^
Ociks. Patten, P-jdigo, Phillips of Wharton, Rubj, Schuetze,
SliUgiiter, Smith of Galveston, Smith of IMarion, Talbot, Whitmore,
Williams, Wilson of Milam, Wright, Yarborough — i5.

Nays — Messrs. Armstrong of Lamar, Bell, Bellinger, Brown,
BuiSngton, Constant, Fleming, Graj, Grigsbj, Hamilton of Travis.
Havn, Johnson of Harrison, Johnson of Callioun, Kcalj, heigwin,
Lindsay, Long, Mackej, McCormick, Mills, Morse, Miindine,
Phillips of San Augustine, Poscj, Rogers, Scott, Stockbridge,
Sumner, Thomas. Yaughan, Watrous, Wilson of Brazoria — 82.

So the House suspended the call.

Mr. Bellinger moved that the Convention take a recess for twenty
minutes.

Mr. McCormick moved a call of the House.

Call sustained.

Mr. Carter moved that the Convention adjourn until Monday
morning at nine o'clock, upon which the yeas and nays were
demanded, and resulted thus :

Yeas — Armstrong of Jasper, Bell, Bellinger, Carter, Glenn.
Hamilton of Travis, Johnson of Harrison, Long, McCormick, Mills,
Morse, Mullins, Stockbridge, Wilson of Brazoria — 14.

Nays — ]Mr. President, Adams, Armstrong of Lamar, Bledsoe,
Board, Brown, Bryant of Harris, Buitington. Burnett, Coleman,
Constant, Curtis, Degener, Downing, Evans of McLennan, Evans
of Titus, Eayle, Flanagan, W. Flanagan, Fleming. Foster, Gaston,
Gray,' Grigsby, Harris, Harn, Hunt, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Kuechler, Leib, Lindsay, Lippaid,
IMackey, McWashington, INIuckleroy, Mundine, IMunroe, Newcomb.
Oaks, Patten, Pedigo, Phillips of San Augustine. Phillips of
Wharton, Posey, Rogers, Ruby, Schuetze, Scott, Slaughter. Smith
of Galveston, Smith of Marion, Sumner, Talbot, Thomas, A'^arnell,
Vaughan, Watrous, Whitmore, Williams, Wilson of !Milam, Wright,
rarborough — 66.

So the House refused to adjourn.

Mr. Evans, of McLonnan, offered the following resolution :

Resolved, That, whereas, one Cole, a member of this body, has
on this day absented himself from the Convention, and by such
absence, under the rules of this Convention, stopped any progress ;
it is therefore

Resolved., That this Convention strike Mr. Cole's name from the
list of delegates, and report tlie action of this body to the Command-
ing General of the Fifth Military District.

]Mr. Hamilton, of Travis, moved that the resolution be rejected,
upon which the yeas and nays were demanded, and resulted thus :

406 flECOXSTRUCTIOX CONVENTION JOURNAL.

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Brown, Burnett, Carter, Constant, Fleming, Foster,
Gaston, Glenn, Gray, Grigsby, Hamilton of Travis, Harris, Harn,
Johnson of Harrison, Kealj, Keigwin, Lindsay, Mackey, McCor-
mick, Mills, Morse, Mullins, Mutidine, Munroe, Pedigo, Phillips of
San Augustine, Posey, Rogers, Schuetze, Scott, Stockbridge, Sum-
ner, Talbot, Thomas, Vaughan, Vyilson of Brazoria, Wright— 41.

Nays — Mr. President, Adams, Bledsoe, Board, Bryant of Harris,
Buffington, Colem'an, Curtis, Degener, Downing, Evans of Mc-
Lennan, Evans of Titus, Fayle, Flanagan, W. Flanagan, Hunt,
Johnson of Calhoun, Jordan, Kendal, Kuechler, Leib, Lippard,
Long, McWashington, Muckleroy, Newcomb, Oaks, Patten, Phillips
of ¥/harton. Ruby, Slaughter, Smith of Galveston, Smith of
Marion, Varnell, Watrous, Whitmore, Williams, Wilson of Milam,
Yarborough — 39.

So the motion to reject prevailed.

Under the rules, the Convention adjourned until nine o'clock
to-morrow mornins:.

CAPITOL, AUSTIN, TEXAS,
July 16th, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

The President announced the committee under Mr. Patten's reso-
lution to inquire into the conduct of Mr. Scott, to be Messrs.
Patten, Wilson, of Milam, and Pedigo.

Sergeant-at-Arms reported that he held in custody Mr. Cole,
ordered in arrest by the Convention on yesterday.

Mr. Hamilton of Travis, moved that Mr. Cole be discharged from
custody of the Sergeant-at-Arms and admitted to his seat, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Bell, Bellinger,
Brown, Bryant of Grayson, Constant, Fleming, Foster, Gaston,
Glenn, Gray, Grigsby, Hamilton of Travis, Harn, Johnson of
Calhoun, Kealy, Keigwin, Leib, Lindsay, Mackey, IMcCormick,
McWashington, ^lills, Morse, Muckleroy, Mundine, Pedigo, Phillips,
of San Augustine, Posey, Rogers, Schuetze, Scott, StojklDridge,
Sumner, Thomas, Vauglian, Watrous, Williams, Wilson of
Brazoria — 40

Nays — Messrs. President, Bledsoe, Board. Buffington, Burnett,

RECONSTRUCTION CONVENTION JOURNAL. 407

Carter, Coleman, Curtis, Dcgener, Downing, Evans of IMcLennan,
Evans of Titus, Fajle, Flanagan, W. Flanagan, Harris, Hunt,
Jordan, Kendal, Keuchler, Lippard, Long, Munroe, Newcomb,
Oaks, Patten, Phillips of Wharton, Ruby, Slaugh.ter, Smith of
Galveston, Smith of Marion, Talbot, Varnell, Whitmore, Wilson
of Milam, Wright, Yarbrough — 37.

So the Convention ordered his discharge.

The question recurring "shall ]Mr. Cole be discharged upon the
payment of fees ?"

[t was so ordered.

The President announced that the business first in order, was the
special order of the day at 10 o'clock, upon the report of the
committee on Internal Improvements.

Mr. Patten moved that the report be recommitted to the Com-
mittee on Internal Improvements.

Carried.

The President announced that the next business in order was
upon the resolution of Mr. BuflBngton, repealing the rules of the
Convention as to adjournment.

Resolved, that a resolution passed on the day of , fixing

the hour of the adjournm.ent of thfs Convention at one o'clock of each
day be, and the same is hereby repealed.

Mr. Burnett moved that the resolution be laid upon the table,
upon vv^hich the yeas and nays Avere demanded and resulted thus:

Yeas — Messrs. Armstrong of Jasper, Bell, Bryant of Grayson,
Burnett, Carter, Cole, Constant, Fleming, Gaston, Glenn, Gray,
Grigsby, Lindsay, McCormick, ISIills, Morse, Mullins. Mundine,
Pedigo, Phillips of San Augustine, Posey, Scott, Stockbridge,
Sumner, Thomas, Vaughan — 26.

Nays — Messrs. President, Adams, Bollinger, Bledsoe, Board,
Brown, Bryant of Harris, Buffington, Curtis, Degener, Downing,
Evans of McLennan, Evans of Titus, Fayle, Flanagan, W.
Flanagan, Foster, Harris, Harn, Hunt, Johnson of Calhoun,
Jordan, Kealy, Keigwin. Ken'lal, Keuchler, Leib, Lippard, Lono;,
Mackey, Mc Washington. Munroe, Newcoml), Oaks, Patten, Philli})S
of Wharton, Rogers, Ruby, Schuetze, Slaughter, Smith of Galves-
ton. Smith of Marion, Talbot. Varnell, Watrous, Whitmore, Wilson
of Brazoria, Wilson of Milam, Wright, Y^'arborough — 50.

So the Convention refused to lay the resolution upon tlie table.

The question recurring upon the adoption of the resolution, th.e
yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, ^^dams, Armstrong of Lamar, Bellin-
ger, Bledsoe. Board, Brown, Bryant of Harris. Bufiington. Burnett,
Carter, Curtis, Degener, Downing, Evans of McLennan, Evans of

408 I.SCOInSTRUCTION CONVExXTION jouenal,

Titus, Flanagan, Vf. Flanagan, Fo3ter, Harris^ Harn, Hunt,
Johnson of Calhovm, Jordan, Kealj, Kendal, Keuchier, Leib.
Lippard, Long, McWasliington, Munroe, Newcomb, Oaks, Patten^
Phillips of Wharton, Rogers, Ruby, Scliuetze, Slaughter, Smith
of Galveston, Talbot, -Varnell, Watrous, Whitmore, Wilson of
Brazoria, Wilson of Milam, Wright, Yarbovough — 49.

Nays — Messrs. Armstrong of Jasper, Bell, Bryant of Grayson,
Cole, Constant, Fleming, Gaston, Glenn, Goddin, Gray, Hamilton of
Travis, Keigwin, Lindsay, Mackey, McCormick, Mills, Morse.
Muckleroy, Mullins, Mundine, Phillips of San Augustine, Posey,
Scott, Smith of jMarion, Stockbridge, Sumner, Thomas, Vaughan
—29.

So the resolution was adopted.

Mr. Carter, chairman of Committee on Style, made the following
report :

LFon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Style, to which was referred passed reso-
lutions Nos, 26, 27, 28 and 29, has examined the same and find
tiiem correct.

CARTER,
Chairman.

Report adopted.

Mr. Phillips of ¥/harton, offered the following declaration :

Be it declared^ That the following shall be a section of the
Constitution :

Section — . That suits may be brought aiiuinst the State and it
shall be the duty of the Legislature at the first session thereof, after
the adoption of this Constitution, to prescribe by laY>', what courts
and in what manner suits against the State may be brought.

On motion the declaration was referred to the Committee on
General Provisions.

Mr. Adams offered the following declaration :

Be it declared by the people of Texas in Convention
assembled :

That in any suit now pending, or Avhich may hereafter be brought,
to enforce the collection of debts contracted between the second day
of March, 1861, and the 26th day of June, 1865, whether the
contract be parol or written, it shall be competent to prove by parol
or other legal testimony, the value of the pi'operty or other consid-
eration for which such indebtedness was incurred ; and the judgment
rendered in such suits, sliall in all cases conform to the real value of
such consideration, without reference to the express terms of the

RECONSTRUCTION CONVENTION JOURNAL. 409

contract, taking tlio value of property, la^or, etc., in tlie year 1860,
as the standanl of valuation.

On motion tlie declaration was referred to the Judiciary Committee.

Mr. Webster Flanaii;an offered the followinii; resolution :
- Resolved by tlie people of Texas in, Convention assembled :

That any person or persons engaging in gaming of any kind,
shall first obtain a license therefor, and the Legislature is hereby
authorized and requited to fix by law the amount ol assessment to be
levied on every such person or persons so engaging.

On motion the resolution was referred to the committee on Polit-
ical and Legislative.

Mr. Fayle asked leave of absence for Mr. Leib until Tuesday
next.

Leave granted.

Mr. Oaks of Falls offered the following declaration :

The right of the people peaceably to assemble and petition the
government for a redress of grievances, or to consider and discuss
subjects of public interest and foim peaceable and law abiding asso-
ciations for the diffusion of knowledge, patriotism and virtue among
the people, shall not be abridged, and any attempt to interrupt or
deieat the exercise of such right, by any individual or cla^s of indi-
viduals, is hereby made a felony, for Avhich the party guilty of the
same shall be liable to indictmaut, trial and punishment, by fine or
imprisonment, at the discretion of the court, subject to such limita-
tions as the law may prescribe ; And all legislation intended to
preserve order and afford security in the exorcise of religious wor-
ship, shall be equally extended and made applicable to preservation
of order and security in the exercise of the rights of political discus-
sion and deliberation.

On motion the declaration was referred to the Judiciary Com-
mittee.

The President announced the next business in order was the reso-
lution of Mr. Thomas, providing that hereafter no question relating
to a division of the State shall be entertained.

Mr. McCormick moved a call of the House.

Call sustained.

Absentees — Messrs. Carter, Kealy. and Muckleroy.

The absentees answered to their names.

The question recurring, " shall the resolution be laid upon the
t.ible,'' the yeas and nays were demanded, and resulted thus :

Yeas — Me.ssrs. President, Adams, Bledsoe, Board, Bryant, of
Harris, Buffington, Burnett, Carter, Coleman, Curtis, Degener,
Downing, Evans, of McLennan, Evans, of Titus. Fayle, Flanagan,
W. Flanagan, Goddin, Harris, Hunt, Johnson, of Calhoun. Jordan.

410 EECONSTRUCTION CONVENTION JOURNAK

Kendal, Kuecbler, Lippard, Long, Munroe, Newcomb, Oaks, Pat-
ten, Pedigo, Phillips, of Whnrton, Ruby, Slaughter, Smith, of Gal-
veston, Smith, of Marion, Varnell, Whitmore, Yarborough — 39.

Nays — Messrs. Armstrong, of Jasper, Armstrong, of Lamar,
Bell, Bellinger, Brown, Bryant, of Grayson, Cole, Constant, Flem-
ing, Foster, Gaston, Glenn, Gray, Grigsby, Hamilton, of Travis,
Harn, Johnson, of Harrison, Kealy, Keigwin, Kirk, Leib, Lindsay,
Mackey, McCormick, McWashington, Mills, Morse, Muckleroy,
MuUins, Mundine, Phillips, of San Augustine, Posey, Rogers,
Scliuetze, Scott, Stockbridge, Sumner, Talbot, Thomas, Vaughan,
Watrous, Williams, Wilson, of Brazoria, Wilson, of Milam, Wright
—45.

So the Convention refused to lay the resolution upon the table.

Mr. McCormick moved the previous question upon the adoption
of the resolution.

Previous question seconded.

The question recurring, "shall the main question be now put ?"
the yeas and nays were demanded, and resulted thus:

Yeas — Messrs. Adams, Armstrong, of Jasper, Armstrong, of
Lamar, Bell, Bellinger, BroAvn, Bryant, of Grayson, Bryant, of
Harris, Buffington, Cole, Constant, Curtis, Evans, of McLennan,
Evans, of Titus, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Glenn, Goddin, Gray, Grigsby, Hamilton, of Travis, Harris, Harn,
Johnson, of Harrison, Jordan, Kealy, Keigwin, Kendal, Kirk,
Leib, Lindsay, Lippard, Mackey, McCormick, McWashington,
Mills, Morse, Muckleroy, Mullins, Mundine, Oaks, Phillips, of San
Augustine, Posey, Rogers. Scbuetze, Scott, Smith, of Galveston,
Smith, of Marion, Stockbridge, Sumner, Talbot, Thomas, Yarnell,
Vaughan, Watrous, Williams, Wilson, of Brazoria, Wilson, of
Milam, Wright, Yarborough — 63.

Nays — Messrs. President, Bledsoe, Board, Burnett, Carter, Cole-
man, Degener, Downing, Fayle, Hunt, Johnson, of Calhoun, Kuech-
ler. Long, Muuroe, Newcoml), Patten, Pedigo, Phillips, of Wharton,
Ruby, Slaughter, Whitmore — 21.

So the main question was ordered.

The question recurring upon the adoption of the resolution, the
yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Armstrong, of Lamar, Bell,
Bellinger, Browai, Bryant, of Grayson, Buffington, Cole, Constant,
Fleming, Foster, Gaston, Glenn, Goddin, Gray, Grigsby, Hamilton,
of Travis, Ha.rn, Johnson, of Harrison, Kealy, Keigwin, Kirk,
Leib, Lindsay, Mackey, McCormick, McWashington, Mills, Morse,
Muckleroy, Mullins, Mundine, Phillips,' of San Augustine, Posey,
Rugers, SchuQtze, Scott, Stockbridge, Sumner, Talbot, Thomas,

KECOXSTRUCTION CONVENTION JOXJRNAL. 411

Vaughan, Watrous, Williams, Wilson, of Brazoria, Wilson, of Mi-
lam, Wright— 47.

Nays — Messrs. President, Adams, Bledsoe, Board, Bryant, of
Harris, Burnett, Carter, Coleman, Curtis, Degener, Downing,
Evans, of McLennan, Evans, of Titus. Fayle, Flanagan, W. Flana-
gan, Harris, Hunt, Johnson, of Calhoun, Jordan, Kendal, Kuechler,
Lippard, Long, Munroe, Newcomh, Oaks, Patten, Pedigo. Phillips,
of Wharton, Rnhj, Slaughter, Smith, of Galveston, Smith, of
Marion, Varnell, ¥/hitmore, Yarborough — 87.

So the Convention adopted the resolution.

Mr. Hamilton, of Travis, moved to reconsider the vote, and to lay
the motion to reconsider upon the table.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Lamar, Armstrong, of Jas-
per, Bell, Bellinger, Brown, Bryant, of Grayson, Bryant, of Har-
ris, Cole, Constant, Curtis, Fleming, Foster, Gaston, Glenn, Gray
Grigsby, Hamilton, of Travis, II am, Kealy, Keigwin, Kendal
Leib, Lindsay, Mackey, McCormick, McWashington, Mills, Morse
Muckleroy, Mullins, Mundine, Phillips, of San Augustine. Posey
Rogers, Schnetze, Scott, Stockbridge, Sumner, Talbot, Thomas
Vaughan, Watrous, Williams, V/ilson, of Brazoria, Wilson, of Mi-
lam, Wright— 47.

Nays — Messrs. President, Bledsoe, Board, Burnett, Carter, Cole-
man, Degener, Downing, Evans, of McLennan, Evans, of Titus,
Fayle, Flanagan, W. Flanagan, Goddin, Harris, Hunt, Johnson, of
Calhoun, Jordan, Kuechler, Lippard, Long, Munroe, iNevv'comb,
Oaks, Patten, Pedigo, Phillips, of Wharton, Ruby, Slaughter,
Smith, of Galveston, Smith, of Marion, Varnell, Whitmore — 33.

So the motion prevailed.

Mr. Johnson, of Calhoun, moved that the Convention adjourn un-
til to-morroAV morning at nine o'clock.

Upon which tlie yeas and nays vfere demanded, and resulted thus:

Yeas — Messrs. Armstrong, of Jasper, Bell, Bellinger, Brown,
Carter, Fleming, Gaston. Glenn, Gray, Grigsby, Hamilton, of
Travis, Harn, Johnson, of Calhoun, Kealy, Keigwin, Lindsay,
Long, Mackey, McCormick, Mc Washington, Mills, Mullins, Mun-
dine, Pedigo, Phillips, of San Augustine, Phillips, of Wharton,
Posey, Schuetze, Scott, Smith, of JMarion, StockViridge, Talbot. A'ar-
nell, Vaughan, Watrous, Wilson, of Brazoria — 36.

Nays — Messrs. President, Adams, Armstrong, of Lamar, Bled-
soe, Board, Bryant, of Harris, Bryant, of Grayson, BufBngton,
Burnett, Cole, Coleman, Curtis, Degener, Downing, Evans, of
McLennan, Evans, of Titus, Fayle, Flanagan. W. Flanagan, Fos-
ter, Goddin, Harris, Hunt, Johnson^ of Harrison. Jordan, Kendal,

412 RECONSTRUCTION CONVEXTION JOURNAL.

Kuechler, Lippard, Morse, Miickleroy, Munroe, Newcomb, Oaks,
Patten, Rogers, Rubj, Slaughter, Smith, of Galveston, Sumner,
Thomas, Whitmore, Williams, Wilson, of Milam, Wright — 44.

So the Convention refused to adjourn.

Mr. Armstrong, of Lam.ar, moved that the Convention adjourn
until four o'clock this evening.

Lost.

Mr. Flanagan moved to adjourn until this afternoon at four
o'clock.

Lost.

Mr. Hamilton, of Travis, moved that the Convention adjourn un-
til to-morrov7 morning at nine o'clock.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Bell, Bellinger, Brown, Carter, Cole, Fleming,
Forter, Gaston, GoJdin, Gray, Grigsby, Hamilton, of Travis, Harn,
Hunt, Kealy, Keigwin, Kueoiiler, Leib, Liiidsay, Long, Mackey,*
McCormick, McWashington, Mills, Muckleroy, Mullins, Mundine,
Munroe, Patten, Phillips, of San Augustine, Phillips, of Wharton,
Posey, Rogers, Schuetze, Scott, Smith, of Marion, Stockbridge,
Sumuer, Talbot, Thomas, Vaughan, Watrous, Wilson, of Brazoria,
Wilson, of Milam, Wright, Yarborough — 46.

Nays — Messrs. President, Adams, Armstrong, of Jasper, Arm-
strong, of Lamar, Bledsoe, Board, Bryant, of Grayson, Bnffington,
Burnett, Coleman, Downing, Evans, of McLennan, Evan~5, of Titus,
Fayle, Flanagan, W. Flanagan, Glenn, Harris, Johnson, of Har-
rison, Jordan, Kendal, Lippard, Morse, Newcomb, Oaks, Ruby,
Slaughter, Varnell, Whitmore — 29.

So the Convention adjourned until to-morrow morning at nine
o'clock.

CAPITOL, AUSTIN, TEXAS,
July 17, 1868.

Convention met pursuant to adjournment. Roll called. Quorum
present. Prayer by the Chaplain. Journal of yesterday read and
adopted.

Mr. Degener asked that Mr. Newcomb be excused from attend-
ance on Convention.

Leave granted.

My. Talbot, Chairman of the Committee on Education, made the
following report :

keconc-tructiox coxvextion journal. 413

Committee Room,
July 17th, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Your Committee on Education, to whom was referred a resclution
offered by J. Schuetze. of Bastrop, bearing date July 13, 1868, and
herewith transmitted, have had tiie same under consideration, and
unanimously recommend its adoption by this Convention.

JOSEPH W. TALBOT,

Chairman.

Resolved^ That a special committee be appointed and instructed
to visit the Blind Asylum and Deaf" and Dumb Asylum, Vi'ith a
view of .inquiring into the propriety of aomitting into either or both
of these in^:titutions such number of indigent orphans as could be
received therein, for education and maintenance, on the expense of
the State, until an Orphan Asylum shall be established.

Mr. Flanagan, Chairman of the Committee on Internal Improve-
ments, made the following report :

Committee Room,
July 17, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : I am instructed to report to the Convention the original
report as previously presented, and recommend the passage oi the
accompanying, declaration.

Very respectfully,
J. W. FLANAGAN,
Chairman of the Committee on Internal Improvements.

DECLARATION

In relation to railroads.

Whereas, There is pending before Congress a bill to aid in the
construction of the International Pacific Railroad, from Cairo, in
Illinois, to the Rio Grande river, to authorize the consolidation of
certain railroad companies and to provide homesteads for laborers on
said road, which bill contemplates aid by tlie United States, in the
rapid construction of a continuous line of railroad and telegraph
from Cairo, in Illinois, through the southeastern portion of Missouri
and central districts of Arkansas, Texas and Mexico, to San Bias,

414 RECONSTRUCTION CONVENTION JOURNAL.

on the Pacific Ocean, and which enterprise, in the opinion of this
Convention, ought to be encouraged.

Section 1. Be it therefore ordained by this Convention, That
the Brazos Branch Railroad Company, and the Henderson, Marshall
and Jeiferson Railroad Company are hereby consolidated into one
companj, to be known as a corporation with perpetual succession, to
be stjled the "International Pacific Railroad Company;" which shall
have the powers and franchises granted by the laws creating said
first named railroad companies ; and also, the exclusive right to con-
struct and operate a telegraph line along said railroad.

Sec. 2. Said "International Railroad Company" shall have the
power to build, equip and maintain a railroad, with a single or
double track, commencing at a point on the eastern boundary of the
State of Texas, connecting with the International Railroad from
Cairo ; thence running a southwesterly direction across the State of
Texas to a suitable point on the Rio Grande river below Eagle Pass,
in the direction of San Bias, on the Pacific Ocean ; and also, the
exclusive right to construct and operate a telegraph line along said
railroad.

Sec. 3. Said "International Pacific Railroad," shall be entitled
to all the donations of land contemplated by the laws of Texas,
granting lands to aid in the construction of railroads, and to all such
aid as shall be granted to other great railroad enterprises in Texas ;
and shall be authorized to vary the gauge so as to correspond to the
gauge from Cairo to the Texas line, without impairing aiiy right
under tlie Texas laws.

Sec. 4. And said companj shall have exclusiva right, for three
years from the time of locating their line, to locate the lands granted
by the State, and they shall hold and have the right to dispose of
said lands under the laws no-Av in force gi'anting lands to aid in the
construction of railroads.

Mr. Patten moved that the report be made the special order of the
day for Friday next, the 24th inst.

Lost.

Mr. Flanagan moved that the report be made the special order
for Saturday, the 18th inst., at ten o'clock.

Carried.

Mr. Mc Washington offered the following resolution :

Resolved, That the following shall be a section of the Constitu-
tion :

Section — No person shall be imprisoned for debt in this State ;
but this shall not pi-event the Genei-al Assembly from providing for
imprisonment or holding to bail persons charged with fraud in con-

RECONriTRUCTIOX CONVEXlTOX JOURNAL. 415

tracting said del^t. A reasonable amount of property shall be exempt
from .seizure or sale for the payiueut of deltt or liabilities.

On motion, the resolution was referred to the Committee on Con-
tingent Expenses.

Mr. Jordan offered the following declaration :

Be it declared by fhis Convention, That the following form a
part of the Bill of Rights :

Section — . The liberty of the press to publish truth shall forever
remain inviolate.

Sec. — . All citizens may freely speak, write or print their senti-
ments ou all subjects, being responsible for the abuse of su>3h
liberty.

Sec. — . To misrepresent or misconstrue the acts, language or
opinions of any person cr party, to apply false epithets, or iu any
way. either verbal, written or printed, attempt to injure the reputa-
tion or hinder the success of any such person or party by such
misrepresentation, shall be an offence against the State.

Sec. — . In all prosecution for such offences, the accused shall be
brought to trial in the county where complainant resides.

Sec. — . The guilt of such offenders being ascertained by law, the
punishment shall not l^e less than hue and confinement and labor in
the penitentiary, or elsewhere, as the law may direct.

Sec, — . Any person having been duly convicted of any of the
above specified offences, shall be disfranchised, and shall never, either
by himself or others, be permitted to print or publish any book,
pamphlet or newspaper in this State thereafter.

Sec. — . The Governor of this State may demand of the Governor
of another State the surrender of such offender, as the law may
direct.

Mr. Evans, of McLennan, moved the rejection of the resolution.

Lost.

Upon motion the resolution was referred to the Committee on
General Provisions.

Mr. Buffington introduced the following resolution :

Resolved, That the Sergeant-at-Arms be and he is hereby author-
ized to discharge three or more of the pages of this Convention.

Mr. Buffington introduced the following resolution :

Resolved, That the different committees, except the Committee
on Lawlessness and Crime, be and are hereby requested to discharge
the clerks now in their employ.

Mr. Sumner moved the rejection of the resolution.

Motion withdrawn.

Mr. Lippard offered the following resolution :

WflEREAri, It is our duty to our constituents, in view of the

416 SECONSTRUCTION CONVE:N'TIO]Sr JOURNAL.

probable long session of this Convention, and the limited means to
pr\j its expenses, to exercise all proper economj? ; and

Whereas, It is not the province of this Convention to disseminate
party creeds, or to support newspapers as heralds of particular fac-
tions, and supporters of pai ticular men ; therefore, be it

Resolved, 1. That all newspapers taken bj the Convention be
and the same are hereby discontinued.

Resolved, 2. That the Committee on Printing be and i\\Qj are
hereby authorized to contract with the lowest Republican bidder for
one thousand copies per day of the journals of this Convention, said
copies to be laid on the members' desks by 9 o'clock, A. m., the
following day.

Laid over one day under the rules.

Mr. Bryant, of Harris, offered the following declaration :

Be it ordained by the people of Texas in Conventioti assem-
bled, That the provisions of article 3427 of Paschal's Digest, being
section 10 of an act to amend the third S33tion of an act entitled
" An Act to Reo-ulate the Descent and Distribution of Intestates'
Estates," approved March 18, 1848, shall, apply as well to colored
people as to whites, and which is as follows :

" Where a man having by a woman a child, or children, shall
afterwards intermarry with such woman, such child, or children,
if recognized by him, shall thareby b? legitimated, and made capable
of inheritino; his estate. The isiue also in marria;2;e deemed null in Liw
shall, nevertheless, be legitimate."

Si5C. 2. In case of escheated estates the widow, as well as the
issue of the marriages null in law, shall be entitled to the same
rights as if the same were legitimate, and especially vfhere any such
marriage shall have been interdicted by the statute law of the State
on account of race or coljr, but where the same shall, nevertheless,
have existed in fact by a species of cohabitation.

On motion the declaration was referred to the Committee on Gen-
eral Provisions.

Mr. Patten offered the f jilowing resolution :

Resolved, That the Cjinmittee on State Affairs be required forth-
with to report back to the Convention the section of the new Con-
stitution, introduced by the Hon. A. J. Evans, to locate the Capitol
and State universities.

Mr. Harn introduced the following declaration :

Be it ordained, by the people of Texas in Convention assem-
bled, That tlie following shall be a section of the Constitution.

ARTICLE — .

Section — . The homestead of the family, after the death of

RECONSTRUCTION CONVENTION JOURNAL. ' 417

^either husband or wife, shall rest absolutelj in the survivor, and the
children of ihe marriage, if there be any, and shall not be subject
to administration; nor shall the said homestead, nor the rents or
profits derived from the same, be subject to any debt contracted after
the adoption of this Constitution, except in cases of mechanics' lien.

On motion the declai'ation was referred to the Committee on Gen-
eral Provisions.

Mr. McVv^ashington offered the following declaration :

Resolved., That the following be a section of the Constitution :

Any person who shall, after the adoption of this Consti-
tution, fight a duel, or send or accept a challenge for that pur-
pose, or be an aider or abettor in fighting a duel, either within thi.s
State or elsewhere, shall thereby be deprived of the right of holding
any ofiice of honor or profit in this State, and shall be forever dis-
qualified from voting at any election, and shall be punished other-
wise in such manner as may be prescribed by law.

On motion the declaration was referred to the Committee on Polit-
ical or Legislative.

Mr. Evans, of McLennan, presented the following declaration :

Whereas, The time within which petitions in voluntary bank-
ruptcy, under the Bankrupt Act of the Congress of the United
States, of date March 2, 1867, has transpired ; and

Whereas, There are many parties in the State of Texas who,
from unavoidable circumstances, have been unable to avail them-
selves of its benefits, but who desire so to do.

Be il, therefore^ declared by this Convention., That the Con-
gress of the United States of America be respectfully memorialized
to extend for a period of one year the time in which persons can
avail themselves of the benefit of voluntary bankruptcy under said
act.

Mr. Evans, of McLennan, moved the rules be suspended to allow
consideration of declaration.

Rules suspended.

Mr. Evans, of McLennan, moved the memorial be read a second
time and engrossed.

It was agreed to.

"Mr. Evans of ^McLennan, moved a further suspension of rules to
put memorial upon its final reading, upon which the yeas and nays
were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong, of Lamar, Bell,
Bellinger. Bledsoe, Board, Buffington, Burnett, Carter, Downing,
Evans of McLennan, Flanagan, W. Flanagan, Fleming, Gray,
Grigsby, Hunt, Jordan. Keuchler. Lippavd. Long. jNIor^e. [Nlucklcroy,
Mundine, Munroe, Patten, Pedigo, Phillips of Wharton, Euby.
27

418 RECONoTRUCTIOX CONVENTION JOURNAL,

Sclmetze, Slaughter, Smith of Galveston, Stockbridge, Talbot^
Vaniell, Whitmore, Wilson of Brazoria, Yarborough-5-39.

Najs — Messrs. Armstrong of Jasper, Brown, Bryant of Grajson,
Bryant of Hands, Cole, Coleman, Curtis, Foster, Gaston, Glenn,
Hamilton of Travis, Harris, Harn, Kealy, Keigwin, Kendal,
Lindsay, Mackey, McCorraick, McWashington, Mills, Mullins,
Oaks, Phillips of San Augustine, Posey, Bogers, Scott, Smith of
Marion, Sumner, Thomas, Vaughan. Watrous, Williams, Wright
—33.

So the Convention refused to suspend the rules.

Mr. Armstrong of Lamar, offered the following declaration, and
asked its reference to the Committee on Litsrnal Improvements.

Whekbas, on the fourth day of February, 1856, an act entitled
An Act to incorporate the Memphis, El Paso and Pacific BailroaJ
Company was approved by the Governor ; and

Whereas, on the 25th day of August, 1856, the 17th section of
said act was amended and approved by the Governor ; and

Whereas, by said act and amendment aforesaid, a certain quan-
tity of land per mile was to be granted to said Memphis, El Paso
and Pacific Railroad Company, upon putting in complete running
order twenty miles of said road ; and

Whereas, a large quantity of certificates have been issued to
said company, and many patents have been issued thereon, contrary
to the express provisions of said act"; therefore.

Section 1. Be it declared by the people of Texas in Conven-
tion assembled :

That all certificates or patents issued by said Memphis, El Paso
and Pacific Railroad Com.pany are hereby declared null and void.

Section 2. Be it further declared^ That all unappropriated
lands lying within the Memphis, El Paso and Pacific railroad reser-
vation, are hereiw declared to be the property of the State of Texas,
and that the same shall be subject alone to preemption.

Section 3. Any person may have surveyed nOt less than forty
acres, nor more than one hundred acres in said reservation, and the
Commissioner of the General Ijand Office is hereby directed to issue
to said occupant, a patent for the same, upon the production of testi-
mony which will satisfy said Commissioner that said occupant has
had said land surveyed and has occupied the same continuously for
three years, and has paid taxes upon the same, and said occupant
shall pay for the surveying and patenting the said land.

It was so referred.

Mr. Evans of McLennan, offered the following resolution :

ResoUed, That the Constitutional Convention of the State of
Texas, the Commanding General of the Fifth Military District

RECONSTRUCTION CONVENTION JOURNAL. 419

assenting thereto, do stand adjourned from Saturday, July 18th,
1868, until the first Monday in December, 1868.

Laid over under rules one day.

The President announced the business in order was upon the reso-
lution of Mr. Smith of Galveston, instructing the Committee on
Contingent Expenses to inquire into the propriety of granting extra
mileage to members who had to travel circuitous routes to reach
Austin.

Referred to Committee on Contingent Expenses.

Mr. Harris moved that Mr. Mundine be added to the Committee
on State affairs.

Carried.

Mr. VarEell moved that Mr. Degener be added to the Committee
on Apportionment.

Carried.

The President annouced the next business in order was the report
of the Committee on Finance, respecting the ojfficial reporter of the
Convention.

Mr. McCormick moved the report and accompanying resolution
of the Committee on Contingent Expenses be substituted for the
report of the Committee on Finance.

Mr. Flanagan moved to lay the whole matter upon the table,
upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Board, Buffington, Burnett, Carter, Coleman,
Constant, Evans of Titus, Flanagan, Fleming, Gaston, Gray,
Hamilton of Travis, Harris, Ham, Johnson of Harrison, Johnson
of Calhoun, Jordan, Keigwin, Lindsay, Mackey, Mills, Munroe,
Pedigo, Phillips of Wharton, Posey. Rogers, Ruby, Scott, Smith
of Marion, Stockbridge, Sumner, Thomas, Varnell, Vaughan,
Wright— 85.

Nays — JMessrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Bryant of Grayson,
Bryant of Harris, Cole, Curtis, Degener, Dovrning, Evans of
McLennan, Fayle, W. Flanagan, Foster, Glenn, Goddin. Grigsby,
Hunt, Kealy, Kendal, Keuchler, Lippard, Long, McCormick,
McWashington, Morse, Muckleroy, Mundine, Oaks, Patten, Phillips
of San Augustine, Schuetze, Smith of Galveston. Watrous, Whit-
more, Williams, Wilson of Brazoria, Wilson of Milam — 41.

So the Convention refused to lay the subject upon the table.

The question recurring "shall the report and resolution of the
Committee on Contingent Expenses be adopted as a substitute to the
report of the Committee on Finance."

It was adopted.

Mr. Munroe offered the following resolution :

420 RECONSTRUCTION CONVENTION JOURNAL.

Resolved. That the reporter be retained on condition that he
writes out the debates ready for publication, for which he shall
receive the same per diem paj as he now receives; provided, he
shall perform such additional labor within ninety days after the
adjournment of the Convention.

Mr. Whitmore moved to lay the resolution on the table.

Carried.

Mr. Ruby offered the following amendment :

That said official reporter shall be allowed an assistant, who shall
transcribe the short hand by dictation of reporter for daily publi-
cation in the official journals of the Convention, at a per diem of —
dollars.

Mr. Munroe moved the adoption of the amendment.

Lost.

The question recurring upon the second reading of the substitute,

It was read second time and agreed to.

Mr. McCormick moved a suspension of rules, to put the substi-
tute upon its final passage, upon which the yeas and nays were de-
manded.

Mr. McCormick asked leave to withdraw the motion. Leave
granted.

The President announced the business next in order was upon
Mr. Ruby's resolution, instructing the Sergeant-at-Arms to keep
the various committee rooms in a fit condition for occupation.

Resolution adopted.

The President announced the business next in order was Mr.
Slaughter's resolution, providing for the printing of the names of
persons recommended for relief by Committee on Political Disabil-
ities.

Resolution adopted.

The President announced that the next business in order was the
substitute of Mr. Lindsay, offered to the report of the Committee on
Internal Improvements respecting the "International Pacific Rail-
road Comp?.ny."

Mr. Bledsoe moved to lay the substitute on the table.

Carried.

The question recurring upon the original report of the Committee
on Internal Improvements respecting the " International Pacific
Railroad Company,"

Mr. Degener moved to lay the report upon the table, upon which
the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bellinger, Bledsoe, Board,
Brown, Bryant of Harris, Burnett, Curtis, Degener, Dov/ning,
Fayle, Glenn, Grigsby, Hunt, Johnson of Harrison, Johnson of

RECONSTRUCTrON CONVENTION JOURNAL. 421

Calhoun, Kendal, Keuchler, Lippavd, Mullins, Munroe, Oaks.
Patten, Smith of Galveston, Smith of Marion, Thomas, Varnell,
Whitmore— 28.

Najs — Messrs. President, Adams, Armstrong of Lamar, Bell,
Bryant of Grayson, Buffington, Carter, Cole, Coleman, Constant,
Evans of McLennan, Evans of Titus, Flanagan, W. Flanagan,
Fleming, Foster, Gaston, Goddin, Gray, Hamilton of Travis,
Harris, Harn, Jordan, Kealy, Keigwin, Kirk, Long, Mackey,
JMcCormiek, McWashington, Mills, Morse, Muckleroy, Miindine,
Pedigo, Phillips of San Augustine, Phillips of Wharton, Rogers,
Schuetze, Saott, Stockhridge, Sumner, Talbot, Watrous, Williams,
Wilson of Brazoria, W^ilson of Milam, Wright, Yarborough — 49.

So the Convention refused to lay the report upon the table.

My. Degener moved to recommit the subject to the Committee on
Internal Improvements.

Motion withdrawn.

[Mr. Evans of McLennan in the chair.]

Mr. Davis, of Nueces, offered the following suljstitute, and asked
tliat the whole matter be referred to the Committee on Internal
Improvements.

Sec. 1. Be it therefore resolved by this Cofiveiition, That the
Congress of the United States be requested to pass a bill incorpor-
ating a company or companies for the construction of the railroad
above mentioned, and granting such company or companies the aid
in money, which is proposed in said bill.

Sec. 2. That each company or companies, if incorporated by
Congress, as hereinbefore requested, shall have the right to con-
struct a telegraph along said railroad ; and shall have, and be enti-
tled to right of way and all privileges, immunities and franchises,
and grants of land within this State, as are now or may hereafter be
conceded to railroads under any general law of this State.

Mr. Flanagan moved the previous question upon the passage of
the report.

Previous question seconded.

The question recurring, "'shall the main question be now put ?"

IMain question lost.

Mr. Patten moved to adjourn until 9 o'clock to-morrow morning.

I\Iotion withdrawn.

Mr. Hamilton, of Travis, asked leave to introduce the following
declaration and memorial from citizens of Fayette. Bastrop, Cald-
well. Gonzales and Lavaca counties, asking the foundation of a new
county out of the territory of said counties, and asked its reference
to the Committee on State xlfiairs.

422 KBCONSTUUCTION CONVENTION JOURNAL.

DECLARATION

Creating the County of Oakland.

Sec. 1. That all the territory, comprised within the following
lines, shall be a new county, to be called the County of Oakland,
viz : Beginning at the point where Denton Creek unites with Peach
Creek, in Gonzales county ; thence north forty-one degrees, west
twenty-four miles ; thence north thirty-seven degrees, east sixteen
and three-fourth miles ; thence south seventy-five and a half degrees,
east fourteen and three-fourth miles ; thence south thirty-three
degrees, east seventeen and three-fourth miles; thence in a direct
line to the place of beginning.

Sec. 2. That the town of Hopkinsville, in the present county of
Gonzales, shall be the county seat of said county of Oakland.

Sec. 3. That at the first general election, hereafter held for
county officers, the said county of Oakland shall be organized \j
the election of such officers as other counties have, under the taws
cf this State; and that William J. Stenberry, N. F. Miller, and K.
L. Fry, be, and they are hereby appointed, commissioners with full
power and authority to superintend and conduct said election, and
give certificates to the persons elected.

It was so referred.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL. AUSTIN, TEXAS,
July 18th, 1863.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain,
Journal of yesterday read and adopted.

Mr. McCormick, from the Committee on Contingent Expenses,
made the following reports :

Committee Room,
July 18th, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : The Committee on Contingent Expenses, who were in-
structed to consider the claims of members who were induced to

RECONSTRUCTION CONVENTIOX JOURNAL. 423

travel circuitous routes, etc., in coming to the Convention, and to
report Avhat additional expenses, if anj, shall be allowed, have been
presented the claim of A. Grigsl)j, one of the delegates from Bowie.
Davis and Marion.

Mr. Grigsbj says, that he was relia^dy informed and assured that
a conspiracy Avas formed in this district he represents to assassin;tte
him on his way to the Convention, if he traveled any of the usually
travelled routes, and that it thus became necessary for him, in order
to reach this Capitol alive, to travel by way of New Orleans,

thereby incurring about eighty dollars additional expenses and

days' additional time in coming to the Convention, to what would have
been required could he liave travelled the ordinary route. Mr. Grigs-
by says, he ^as thus forced to travel eight hundred and fifty miles in
addition to the distance by the nearest route, and he claims that one
half of that amount, that is, four hundred and twenty-five miles,
should be allowed him in addition to the mileage computed by the
usually travelled route; this, Mr. Grigsby says, is four hundred, and
added to the extra mileage, makes eight hundred and twenty-five
miles in coming to the Convention. In the very nature of the ease
the committee rest their judgment almost entirely upon the state-
ments of the claimant, and the committee are of opinion, that it is
due to the constituents represented by the member, to pay his claim
for mileage as presented, and let him answer it-to his constituents
if the claim is improperly made.

It is. however, due to truth., to state in this connection , that other
delegates from the eastern part of the State corroborate the state-
ments made by the claimant so far as the existence of a prevailing
apprehension among Republicans, that the members from Bowie,
Davis and Marion, would be assassinated on their way to the Con-
vention. The committee have, therefore, instructed me to report
the accompaiiving resolution and recommend its passage.

A. P. Mccormick,

Chairman.

Remhed, That the Secretary of this Convention be, and he is
hereby instructed to admit the claim of A. Grigsby, to mileage for
eight hundred and twent^'-five miles in coming to the Convention,
and to issue his certificate to said A. Grigsby for said mileage as
claimed.

Mr. Pedigo from committee on counties and county boundaries
made the following reports :

424 reconstruction conventiojt journal.

Committee Room,
Austin. Texas, July 19, 186&.
Hon. E. J. DAVIS,

President of the Convention:
Your committee on counties and county lx}undaries, to whom was^
referred a dechiration introduced by Hon, M. Gray, of Red River, ta
create the county of Paschal, have had the same under consideration,
and a majority of the committee have instructed me to report it back
tj the Convention and to recommend that it be adopted.

Respectfully submitted,

H. G. FEDIGO, .
Chairman.

A DECLARATION^

Section 1. Be it ordained by the people of Texas in Convention

assembled ; That a new county be created, and to include the

territory within the following boundaries, to-wit :

Beginning at a point at the junction of Hart's creek with Cypress.

Bayou in Titus county, thence with the meanderings of said creek

to the Hart's creek bridge and turnpike, thence due north to the

Sulphur Fork of Red River, thence with the meanderings of said

stream to a point five miles east of the north west corner of Davis

county, thence due south to the line of Marion county, thence along

the line of Avhat is now Marion and Davis counties to Cypress

Bayou and thence with the meanderings of said Biiyou to the place

of besinnino;.

Sec. 2. Be it further ordained, that said new county sliall be
named "Paschal'' and the county seat shall be at the town of Dan-
gerfield.

Sec. 3. Be it further ordained, tliat .the county of Paschal
shall constitute a part of the counties from which it is taken, for all
purposes, until a general election or appointment of county officers;
and shall, for all judicial purposes, remain a pai't of the counties of
Titus and Davis, until the Legislatui-e shail provide for holding
courts in said county of Paschal.

Sec. 4. As soon as the officers of said county of "Paschal" are
elected or appointed, it shall be the duty of the officers of said
county, exercising the powers of a police or county court, to
provide public buildings and records, and for this purpose the said
court is authorized to levy a special tax of not more than one-fourth
of one per cent, upon all property taxable in the county. The
said court may also issue its bonds for that purpose, in the sum of
six thousand dollars, with interest, not to exceed twelve per cent.

RECONSTRUCTION CONVENTION JOUHNAL. 425

payable semi-annually ; provided, the principal of said bonds shall
be paid within five years from the date of issuance.

Committee Room,
Austin, Texas, July 18, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : Your committee on county and county boundaries, to whom
was referred a resolution introduced by the Hon. INIr. Burnett, pro-
posing two sections, to be inserted in the Constitution of the State,
rcspectino- the names of county sites, have had the same under con-
sideration, and a majority of the committee, believing that the evil
sought to be remedied, is within the reach of ordinary legislative
action, without a.ny special constitutional provision upon the subject,
have instructed me to report back to the Convention the resolution,
and to ask to be relieved from any further consideration of the
subject.

H. C. PEDIGO,

Chairman.

Committee Room,
Austin, Texas, July 18, 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : Your committee on counties and county boundaries, to
whom was referred a declaration introduced by the Hon. Mr. Arm-
strong of Lamar, to estal)lish the new county of Webstei', have had
the same under consideration, and a majority of the committee have
instructed me to report it back to the Convention and to recommend
that it be adopted.

All of which is i-espcctfully submitted,

H. C. PEDIGO,
Chairman.

jSIr. Lindsay offered the following declaration and asked its refer-
ence to the committee on General Provisions :

Be it declared by the people of Tc.r is in Coir-'entiou assem-
bled, that there be inserted in the Constitution a provision to the
following effect :

Section — . Each county in the State shall provide in such manner
as may be prescribed by law, a "Manual Labor Poor House," for
taking care of, managing, employing and supplying the wants of
its own indigent and poor inhabitants ; and under such regulations
as the Legislature may direct, all persons committing petty offences

426 RECONSTRUCTIOX CO]SrVE:sTION JOURNAL.

in the county, may be committed to such "Manual Labor Poor
House" for coirection and employment.

It was so referred.

Mr. Williams offered the following declaration, and asked its
reference to the Committee on General Provisions :

Be it declared by the delejates of the people of Texas ^ in Con-
vention assembled^ That all persons shall enjoy equal rights and
p.iiv'ileges upon any conveyance of a public character, and all places
of business or of public resort, or for which a license is required by
either State, county or municipal authority, shall be deemed places
of a public character, and shall be opened to the accommodation and
patronage of all persons, without distinction or discrimination, on
account of race or color.

It was so referred.

Mr. Foster offered the following resolution, and asked its reference
to the Committee on -Judiciary :

Resolved^ That the following shall be a section of the Constitu-
tion ;

Section — . Mechanics shall have a lien upon all articles of
manufacture, of every description, made or repaired by them, for or
on account of any other person, for the reasonable and proper
charges which may be due thereon for said working or repairing,
and for materials furnished ; and in addition to the right to retain
possession of said articles until charges due thereon are paid, shall
have power and authority to sell any such articles at public auction,
and appropriate the proceeds of said sale to the payment of said
charges, in all cases where said articles are supposed to remain
with said mechanic for more than twenty days after said mechanic
has given notice to the owner or person for or on account of whom
said article was made or repaired, of the fact that said article is
ready to be delivered upon the piivment of charges ; and the Legisla-
ture, at its first session, shall pass such law or laws as may be
necessary to carry out the provisions of this section.

It was so referred.

Mr. Johnson, of Calhoun, asked that Mr. Bellinger be excused
till next Wednesday.

Excused.

Mr. Ruby asked that Mr. Williams be placed on Committee on
General Provisions.

It was so ordered.

Mr. Flanagan asked to place Messrs. Fayle and Evans, of Titus,
on Committee on Internal Improvements.

It was so ordered.

The President announced the next business in order was upon the

RECONSTRUCTION CONVENTION JOURNAL. 427

following resolution, offered by Mr. Coleman, respecting the
emi)lojes in the government offices of the State :

Whereas, Rumors and reports are in circulation to the effect
tliat the various departments of the State government in Austin are
filled with employes who were enemies of the United States, and in
some instances are still hostile to the government thereof and to the
reconstruction of the State under the laws of Congress ; therefoie,
in order that such "rumors and reports" may not circulate to the
detriment of the heads of the various departments and that mis-
representation and injustice may not prevail, be it

Resolved by the people of the State of Texas in Convention
assembled, That his Excellency, E. IM. Pease, Governor of Texas,
be, and he is hereby respectfully requested to inform this Convention
of the number of clerks and other employes in the General Land
Office, Comptroller's and Treasurer's office ; how many of them liave
taken the oath of July 2, 1862 ; how many of them served in the
armies or departments of the so-called Confederacy ; how many of
them are honorably discharged soldiers or sailors of tlie United
States; and how many of them are in political unison with the
government that pays them.

Resolved, further^ It is the opinion of the Convention that the
resolution of Congress and the executive order of the President
declaring "it is eminently right and proper that honorably discharged
soldiers and sailors in the war for the suppression of the rebellion
shall have preference in employment in the various departments of
the government," is just and proper, and that preference in euiploy-
ment in the departments of the government of Texas should be first
given to the nation's defenders ; and second, to those who remained
loyal during four years of Confederate barbarity and rebel persecu-
tion ; and the Convention is further of the opinion that the constantly
loyal should be given preference for all places of "trust and profit'
over those who sought in any manner to dismember the Union, or
persecuted and ill treated the friends thereof.

Upon motion, the resolutions were adopted.

Mr. Burnett moved that the rules be suspended to take up the
following report of Committe« on Contingent Expenses, in reference
to pay of postmaster :

Committee Room,
July 18. 1868.
Hon. E. J. DAVIS,

President of the Convention:
Sir : The Committee on Contingent Expenses, to whom was
referred the resolution introduced by Mr. Munroe, of Houston

428 RECONSTRUCTION CONVENTION JOURNAL.

county, in reference to the paj of the postmaster to the Convention,
instruct me to report said resolution back with the recommendation
that it be passed,

A. P. McCORMlCK,

Chairman.

Resolved, That the Secretary of the Convention be, and he is
hereby directed to issue a certificate to H. G. McDaniel, postmaster
to the Convention, for pay for his services at the same per diem pay
as the other officers of the Convention.

Rules suspended and report adopted.

Mr. Evans, of McLennan, moved that the rules be suspended to
take up resolution providing for the adjournment of the Convention
until the first day of December next, upon which the yeas and nays
were demanded, and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Degener, Downing, Evans of Titus, Fayle, Gaston, Glenn,
Gray, Harn, Kuechler, Lippard, Mullins, Oaks, Patten, Ruby,
Smith of Galveston — 19.

Nays — Messrs. President, Adams, Board, Bryant of Grayson,
Bryant of Harris, Buffington, Burnett, Carter, Cole, Coleman,
Constant, Curtis, Evans of McLennan, Flanagan, W. Flanagan,
Fleming, Foster, Goddin, Grigsby, Hamilton of Travis, Harris,
Hunt, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal,
Lindsay, Long, Mackey, ]\IcCormick, McWashington, Mills, Morse,
Muckleroy, Mundine, Munroe, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Posey, Rogers, Schuetze, Scott, Slaughter,
Smith of Marion, Stockl^ridge, Sumner, Talbot, Thomas, Varnell,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam, Wright, Yarborough — 59.

So the Convention refused to su^p3nd rul-^s.

The President announced the hour had arrived for the considera-
tion of the report of Committee on Internal Luprovements. respecting
the sale of the Buffalo Bayou, Brazos and Colorado Railroad, the
Texas and New Orleans Railroad, and the Southern Pacific Rail-
road.

Mr. Fayle offered the following amendment :

Amend by striking out section 1, line four, as follows :

"The Buffalo Bayou, Brazos and Colorado Railroad." Also sec-
tion 3, lines one, two and three, as follows :

"That the Bufftlo Bayou, Brazos and Colorado Railroad Com-
pany was indebted to the special school fund of the State, on the
first day of March, A. D. 1868, in the sum of $499,800, principal

RECONSTRUCTION CONVENTlOiST JOURNAL. 429

and interest," and refer to the Committee on Internal Improve-
ments for special report.

Mr. Burnett oftered the following substitute :

Resolved, That the following shall be an article in the Constitu-
tion ol the State of Texas, and inserted among the provisions under
the head of ''Internal Improvements," to wit :

Article — . The Legislature, at its first session after the adoption
of this Constitution, shall cause all the railroads in this State, whose
companies are indebted to the special school fund of the State, to be
sold, under such i-egulations and conditions, and with such exceptions
as the Legislature may direct, unless said railroad companies
respectively shall have paid their said indebtedness at the meeting of
the Legislature. The Legislature may, if it be deemed to the
interests of the State, authorize and direct the Governor to purchase
Said railroads, or any of them, for the State, in case of sale and on
any contingency that may be prescribed by law.

Mr. Evans, of McLennan, moved to lay the substitute upon the
table, upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong, of Lamar, Bell, Brown,
Buifington, Carter, Coleman, Constant, Curtis, Degener, Downing,
Evans of McLennan, Evans, of Titus, Flanagan, W. Flanagan,
Fleming, Foster, Goddin, Gray, Harris, Hunt, Johnson, of Har-
rison, Jordan, Keigwin, Kendal, Kuechler, Lippard, Long, McCor-
mick, McWasliington, Mundine, Newcomb, Oaks, Patten, Pedigo,
Phillips of Wharton, Ruby, Schuetze, Scott. Slaughter, Talbot,
Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson, of Bra-
zoria, Wilson of Milam, Wright — 49.

Nays— Messrs. Adams, Armstrong, of Jasper, Bellinger, Board,
Bryant, of Gray.son, Bryant, of Harris, Burnett, Fayle, Grigsby,
Johnson, of Calhoun, Lindsay, Mackey, Mills, ^lorse, Munroe,
Posey, Rogers, Smith, of Marion, Stockbridge, Sumner, Thomas,
Yarborough — 22.

So the substitute was laid on the table.

Tlie question recurred upon the adoption of the amendment offer-
ed by Mr. Fayle.

On motion the whole subject was recommitted to the Committee
on Internal Improvements.

The President announced the next business in order was upon the
report of the Committee on Internal Improvements, to incorporate
the International Pacific Railroad Company, with substitute offered
by Mr. Davis, of Nueces.

By consent of the Convention the substitute offered by Mr. Davis,
of Nueces, was withdrawn.

430 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Flanaijan oifei'ecl the following; substitute :

Section 1. Be It therefore resolced by this Convention^ That
the Congress of the United States be requested to pass the bill incor-
porating the said companies into the International Pacific Railroad,
and granting said companies aid in bonds for the constractiou of the
railroad above mentioned, as proposed in said bill.

Sec. 2. That said company, when incorporated bj Congress, as
hereinbefore re^.|ue3ted, shall have the right to var j the gauge so as to
correspond to the gauge from Cairo to the Texas line ; also, the
right to build and operate a telegraph line along said road.

Sec. 3. That the said companies shall have the right of way
through the State of Texas, and all the privileges, immunities and
franchises within this State, as are now or may hereafter be conced-
ed to railroads under any general law of this State.

Mr. Degener moved that the whole subject be referred to the
Committee on Internal Improvements.

Mr. Bryant, of Harris, moved to lay the substitute upon the
table, upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bledsoe, Bryant, of Harris, Burnett, Degener,
Downing, Grigsby, Johnson, of Calhoun, Kuechler, Lindsay,
Lippard, Mills, Munroe, Newcomb, Oaks, Patten, Pedigo, Posay,
Ruby, Schuetze, Scott, Slaughter, Smith of Galveston, Smith of
Marian, Thomas, Vaughan, Williams — 26.

Nays — Messrs. President, Adams, Armstrong of Lamar, Bell,
Board, Brown, Bryant, of Grayson, BufSngton, Carter, Cole,
Coleman, Constant, Curtis, Evans, of McLennan, Evans, of Titus,
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Goddin,
Gray, Hamilton of Travis, Harris, Harn, Hunt, Johnson, of Har-
rison, Kealy, Keigwin, Kendal, Long, Mackey, McCormick, Mc-
Washington, Morse, Muckleroy, Mundine, Phillips, of San Augus-
tine, Phillips of Wharton, Rogers, Stockbridge, Sumner, Talbot,
Varnell, Watrous, Whitmore, Wilson, of Brazoria, Wilson, of
Milam, Wright— 50.

So the Convention refused to lay the substitute upon the table.

The question recurred upon the motion to re-commit the subject
to the Committee on Internal Improvements.

[Mr. Evans, of McLennan, in the chair.]

Mr. Degener moved a call of the House.

Call not sustained.

Mr. Mc Washington moved that the Convention adjourn till Mon-
day morning, at nine o'clock, upon which the yeas and nays were
demanded and resulted thus :

RECONSTRUCTION CONVENTION JOURNAL. 431

Yeas — Messrs. Bledsoe, Dcgener, Grigsby, Kuechler, Lippard,
Mc 'Vasliingtoii, Mills, Oaks, Patten, Vaughan— 10.

Nays — Messrs. President, Adams, Armstrong, of Lamar, Bell,
Board, Brown, Bryant, of Grayson, Bryant, of Harris, Buffiiig-
ton, Burnett, Carter, Cole, Coleman, Constant, Curtis, Downing,
Evans, of McLennan, Evans, of Titus, Fayle, Flanagan, W.
Flanagan, Fleming, Foster, Gaston, Goddin, Gray, XIarris, Harn,
Hunt. Johnson, of IlaiTison, Johnson, of Calhoun. Jordan, Kcaly,
Kcigwin, Kendal, Lindsay, Long, Mackey, McCormick, Morse,
Muckleroy, Mundine, Munroe, Newcomb. Pedigo, Phillips, of San
Augustine, Phillips, of Wharton, Posey, Rogers, Ruby, Schuetze,
Scott, Slaughter, Smith, of Galveston, Smith, of Marion, Stock-
bridge, Sumner, Tal'^'Ot, Thomas, Varnell, Watrous, Whitmore,
Williams, Wilson, of Brazoria, Wilson, of Milam, Wri'ght, Yar-
borough — 67.

So the Convention refused to adjourn.

The question being : " Shall the report be re-committed to the
Committee on Internal Lnprovements ? "

The Convention refused to re-commit.

jMr. Patten moved to adjourn till Monday morning at nine o'clock.

Lost.

Mr. Patten moved a call of the House.

Call sustained.

Absentee — Mr. Armstrong, of Jasper.

Mr. Wrigjht moved a suspension of the call of the House.

Upon which the yeas and nays were demanded, and resulted thus:

Yeas — Messrs. Adams, Bell, Board, Bryant, of Grayson, Buffing-
ton, Burnett, Carter, Cole, Coleman, Constant, Evans of i\IcLen-
nan, Evans of Titus, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Gaston, Glenn, Goddin, Gray, Grigsby, Hamilton, of Travis,
Harris, Harn, .Jobtuson of Harrison, Jordan, Kealj^, Keigwin,
Mackey, Mc Washington, Mills, Mucklei-oy, Mullins, Pedigo, Phil-
lips of San Au^gustine, Phillips of Wharton, Posey, Rogers, Ruby,
Schuetze, Scott, Stockbridge, Sumner, Talbot, Thomas. Yarneli,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson, of
Milam, Wright, Yarborough- 53.

Nays— Messrs. Armstrong of Lamar, Bledsoe, Brown, Butler,
Burnett, Curtis, Degener, Dov/ning, Hunt, Johnson, of Calhoun,
Kendal, Kuechler, Lindsay. Lippard, Long, McCormick. Morse,
Mundine, Munroe, Newcomb, Oaks, Patten, Slaughter, Smith of
Galveston, Smith, of Marion, Yaughan — 26.

So the Convention suspended the call.

The question recurring upon the adoption of the amendment as
ofiFered by Mr. Flanagan, of Rusk,

432 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Patten moved the Convention adjourn until Monday morn-
ing at nine o'clock.

Upon which the jeas and nays wei^e demanded, and resulted thus :

Yeas — Messrs. Bledsoe, Butler, Burnett, Degener, Downing,
Glenn, Grigshy, Hunt, Kuechler, Lindsay, Lippard, Long, Mills,
Morse, Mullins, NeTvcomb, Oaks, Patten, Pedigo, Rogers, Schuetze,
Slaughter, Smith, of Marion, Thomas, Watrous — 25.

Nays— Messrs. President, Adams, Armstrong, of Lamar, Bell,
Board, Brown, Bryant of Grayson, Bryant, of Harris, Buffington,
Carter, Cole, Coleman, Constant, Evans, of Titus, Fayle, Flanagan,
W. Flanagan, Fleming, Foster, Gaston, Goddin, Gray, Hamilton,
of Travis, Plarris, Harn, Johnson, of Calhoun, Jordan, Kealy,
Keigwin, Kendal, Mackey, McCormick, McWashington, Muckle-
roy. Mundine, Munroe, Phillips, of San Augustine, Phillips, of
Wharton, Scott, Smith, of Galveston, Stockbridge, Sumner, Tal-
bot, Varnell, Whitmore, Williams, Wilson, of Brazoria, Wilson of
Milam, Wright, Yarborougli— 50.

So the Convention refused to adjourn.

Mr. Degener moved a call of the House.

Call sustained.

Absentees — Messrs, Bryant, of Harris, Posey, Goddin, Vaughan.

Mr Degener moved a suspension of the call.

Lost.

Mr. xlrmstrong, of Lamar, moved that the Convention adjourn
until three oclock this afternoon.

Lost.

Mr. Patten moved that the Convention adjourn until Monday
mornino; at nine o'clock.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Armstrong, of Lamar,
Bledsoe, Carter, Degener, Downing. Evans of McLennan, Glenn,
Grigsby, Harn, Hunt, Keigwin, Kuechler, Lindsay, Lippard. Long,
Mills, Morse, Muckleroy. INIullins, Newcomb, Oaks, Patten, Pedigo,
Posey, Rogers, Schuetze, Slaughter, Smith, of Marion, Talbot,
Thomas, Watrous, Williams — 33.

Nays — Messrs. Adams, Bell, Board, Brown, Bryant, of Gray-
son, Buffington, Butler, Burnett, Cole, Coleman, Constant, Curtis,
Evans, of Titus. Fayle, Flanagan, W. Flanagan, Fleming, Fos-
ter, Gaston, Goddin, Gray. Hamilton, of Travis, Harris, Johnson,
of Harrison, Johnson, ofCalhoun, Jordan, Kealy, Kendal, IMackey,
McCormick, McWashington, Mundine, Munroe, Phillips of San
Augustine, Pliillips, of Wharton, Ruby, Scott, Smith, of Galves-
ton, Stockbridge, Sumner, Varnell, Whitmore, Wilson, of Bra-
zoria, Wilson, of Milam, Wright, Yarborough. — 46.

RECONSTRUCTION CONVENTION JOURNAL. ioS

So tlie Convention refused to adjourn.

Absentees answered their names.

The (juestion recurred, " shall the substitute offered by Mr. Flana-
gan be adopted?"

It was adopted.

Mr. Davis, of Nueces, offered the following amendment :

P/'ooided, That this declaration shall not be considered as con-
ferring any grant of lands to the companies incorporated ; except
such lands as may have already, under some general laws of the
State, rightfully accrued to the Brazos Brancli Railroad Company,
or the Henderson, Marshall and Jefferson Railroad Company.

Mr. Bufiington moved the adoption of the amendment.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of Lamar
Bell, Board, Brown, Bryant of Grayson, Bryant of Harris, Bufiington
Butler, Burnett. Carter. Cole, Coleman, Constant, Curtis, Degcner
Downing, Evans, of McLennan, Evans, of Titus, Fayle, Flanagan
W. Flanagan, Fleming, Foster, Gaston, Glenn, Goddin, Gray, Grigsby
Hamilton of Travis, Harris, Harn, Hunt, Johnson, of Harrison
Johnson, of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kuechler
Lindsay, Lippard, Long, Mackey, McCormick, Mc'Washington
Mills, Muckleroy, Mullins, Mundine, Munroe, Newcomb, Oaks
Patten, Pedigo, Phillips of San Augustine, Phillips, of Wharton
Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith, of Galves-
ton. Smith, of Marion, Stockbridge, Sumner, Talbot, Thomas, Var-
nell, Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson, of Milam, Wright, Yarborough. — 80.

Nays — Messrs. Bledsoe, Morse — 2.

So the amendment was adopted.

Mr. Patten moved that the Convention adjourn until Monday
morning at nine o'clock.

Lost.

Mr. Flanagan moved the previous question.

Previous question seconded.

The question recurred, " shall the main question be now put?''

Mr. Patten moved a call of the House.

Convention refused to sustain the call.

The yeas and nays were demanded upon the main question, and
resulted thus:

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell
Board, Brown, Bryant of Grayson, Bufiington. Butler, Carter, Cole
Coleman, Constant. Curtis, Evans of McLennan, Evans of Titus
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston. Goddin
Gray, Hamilton of Travis. Harris. Harn. Johnson of Harrison
28

•434 EECONSTRCCTION CONVENTIOiir JOURNAL,

Jonnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Long,
Mackey, McCormick, MclYashington, Mills, Muckleroj, Muliins,
Mundine, Pedigo, Phillips of San Augustine, Phillips of Yv^havton,
Rogers, Ruby, Scott, Stockbridge, Sumner, Talipot, Varnell, Wat-
roul, Whitmore, Williams, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 58.

]<^ays — Armstrong of Jasper, Bledsoe, Bryant, of Harris, Bur-
nett, begener. Downing, Glenn, Grigsby, Hunt, Keuchler; Lindsay,
Lippard, Morse, Mnnroe, Newcomb, Oaks, Patten, Posey, Schuetze,
Slaughter, Smith of Galveston, Smith of Marion, Thomas, Vaughan
—24°

So the main question was ordered.

The question recurring upon the engrossment of the substitute
as amended, the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell,
Board, Brown, Bryant of Grayson, Bryant of Harris, Buffington,
Butler, Constant, Curtis, Downing, Evans of McLennan, Evans of
Titus, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Goddin, Gray, Hamilton of Travis, Harris, Harn, Hunt, John-
" son of Harrison, Johnson, of Calhoun, Jordan, Kealy, Keigwin,
Kendal, Long, Mackey, McCormick, McWashington, Muckleroy,
Mundine, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Ftogers, Ruby, Scott, Stockbridge, Sumner, Talbot, Varnell, Wat-
Yoiis, Whitmore, Williams, Wilson of Brazoria, Wilson of Milarn,
Wright, Yarborough — 56.

jv^fiyg — Messrs. Armstrong of Jasper, Bledsoe, Burnett, Carter^
Cole, Coleman, Degenei^ Glenn, Grigsby, Keuchler, Lindsay, Lip-
pard, Mills, Morse, Muliins, Munroe, Newcomb, Oaks, Patten,
Posey, Schuetze, Slaughter, Smith of Galveston, Smith of Marion,
Thomas, Vaughan — 26.

So the substitute as amended was read second time, and engrossed.

Mr. Hamilton, of Travis, moved a suspension of rules, to put
substitute upon its third reading.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell,
Board, Brown, Bryant of Grayson, Bryant of Harris, Buffington, But-
ler, Carter, Cole, Coleman, Constant, Curtis, Downing, Evans of Titus,.
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn,
Goddin, Gray, Hamilton of Travis, Harris, Harn, Johnson of Har-
rison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Long,
Mackey, McCormick, Mc Washington, Muckleroy, Muliins, ]\iun-
dine, Phillips, of San Augustine, Phillips, of Wharton, Rogers,
Ruby, Scott, Stockbridge, Sumner, Talbot, Varnell, Watrous,

EECONSTRUCTION CONVENTION JOURNAL. 435

Williams, Wilson, of Brazoria, Wilson of Milam, Wright. Yar-
borough. — 57.

Najs — Messrs. Armstrong of Jasper, Bledsoe, Burnett, Degener,
Evans of McLennan, Hunt. Kuechler, Lindsay, Lippard, Morse,
Munroe, Newcomb, Oaks, Patten, Posey, Schuetze, Slaughter,
Smith, of Galveston, Smith, of Marion, Thomas, Vaughan, Whit-
more— 22.

The Convention refused to suspend the rules, four-fifths not voting
in the affirmative.

On motion the Convention adjourned until Monday morning at
nine o'clock.

CAPITOL, AUSTIN, TEXAS,
July 20, 18(38.

Convention met pursuant to adjournm-ent.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Smith, of Galveston, rose to a privileged question, respecting
tv/o articles published in the Daily Telegraph, at Houston, edited
by one C. C. Gillespie, vs'herein he was vilely libelled, and the as-
sassination of Messrs. M. C. Hamilton and Caldwell publicly advis-
ed, and introduced the following resolution :

Resolved, That Brevet Major General Reynolds be respectfully
requested to arrest one C. C. Gillespie, the editor of a paper pur-
porting to be the Daily Telegraph, of Houston, and have him ar-
raigned before a military commission to answer for gross libellous
attacks upon members of this Convention, and for counselling and
advising their assassination; and that he be further requested to
suppress that paper.

Mr. Smith, of Galveston moved that the rules be suspended to
consider the resolution.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — ]Messrs. President, Adams. Armstrong, of Lamar, Bell,
Bledsoe, Board, Brown, Bryant, of Grayson, Bryant of Harris,
Buffington, Butler, Burnett, Carter, Coleman, Constant, Curtis,
Degener, Downing, Evans, of Titus, Fayle, Fleming, Foster, God-
din, Gray, Grigsby, Hamilton of Travis. Harn. Hunt, Johnson
of Harrison. Jolmson of Calhoun, Jordan, Kealy Kendal. Kuechler,
Lindsay. Lippard, Long, Mackey, McCormick, Mc Washington,

436 KECONSTKUCTION CONVENTION JOURNAL.

Mills, Morse, Mundine, Munroe, Newcoinb, Oaks, Pedigo, Phillips
of San Augustine, Phillips of Wharton, Posey, Rogers, Ruby,
Schuetze, Scott, Slaughter, Smith of Galveston, Smith, of
Marion, Stockbridge, Sumner, Talbot, Thomas, Vaughan, Watrous,
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 6 9 .

Nays — Messrs. Armstrong of Jasper, Boyd, Cole, Flanagan,
W. Flanagan, Gaston, Glenn, Harris, Keigwin, Kirk, Muckleroy,
jilullins, Varnell — 13.

So the rules were suspended.

The question recurred upon the adoption of the resolution.

Mr. Armstrong, of Lamar, moved to refer the resolution to the
Committee on State Affairs.

Mr. Sumner moved the previous question, upon the passage of
the resolution.

Previous question seconded.

The question recurred : " Shall the main question be now put ? "

Upon which the yeas and nays were demanded, and resu.ted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Board, Brown, Bryant of Grayson, Bryant of Harris, Buffington,
Butler, Burnett, Carter, Coleman, Constant, Curtis, Degener,
Downing, Fayle, Fleming, Foster, Goddin, Grisby, Hamilton of
Travis, Harn, Hunt, Johnson, of Harrison, Johnson of Calhoun,
Jordan. Kendal, Keuchler, Lindsay, Lippard, Long, Mackey,
McWashington, Mundine, Munroe, Newcomb, Oaks, Phillips of
San Augustine, Phillips of Wharton, Rogers, Rul^y, Schuetze,
Scott, Slaughter, Smith of Galveston, Smith of Marion, Stockbridge,
Sumner, Talbot, Thomas, Vaughan, Watrous, Whitmore, Williams,
Wilson of Milam, Wright, Yarborough — 59.

Nays — Messrs. Adams, Armstrong of Jasper, Boyd, Cole,
Evans of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Gray,
Harris, Kealy, Keigwin, Kirk, IMcCormick, Mills, Muckleroy,
Morse, Mullins. Pedigo, Posey, Varnell, Wilson of Brazoria —
23.

So the main question was ordered.

The question recurring upon the engrossment of the resolution,
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Board, Brown, Bryant, of Grayson, Bryant of Harris, Buffington,
Butler, Burnett, Carter, Coteman, Constant, Curtis, Degener,
Downing. Fayle, Fleming, Foster, Goddin, Gray, Grigsby, Hamil-
ton of Travis, Harn, Hunt, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Kendal, Kuechler, Lindsay, Lippard, Long, Mackey,

RECONSTRUCTION CONVENTION JOURNAL. 437

McWashington, Mills, Mundine, Munroe, Newcomb, Oaks, Phillips
of San Augustine. Phillips of Wharton, Posej, Eogers, Ruby,
Schuetze, Scott, Slaughter, Smith of Galveston, Smith of Marion,
Stockbridge, Sumner, Talbot, Thomas, Vaughan, Watrous, Whit-
more, Williams, Wilson of Milam, Wi'ight, Yarborough — 60.

Nays- -Messrs. Adams, Armstrong of Jasper, Boyd, Cole, Evans
of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Harris, Kealy,
Keigwin, Kirk, McCormick, Morse, Muckleroy, Mullins, Pedigo,
Yarnell, Wilson of Brazoria— 20.

So the resolution was ordered to be engrossed.

Mr. Degener moved a further suspension of the rules to put reso-
lution upon its final passage.

Rules suspended.

Mr. Newcomb offered the following amendment :

" Strike out all except that portion of the resolution which
alludes to the assassination of Messrs. Hamilton and Caldwell."

Mr. Munroe moved to lay the amendment on the table.

Upon which the yeas and nays were demanded, and resulted thus :

Yea— Mr. J. W. Flanagan— 1.

Nays — jMessrs. President, Adams, Armstrong of Jasper, Bell,
Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Butler,
Burnett, Carter, Cole, Coleman, Constant, Curtis, Degener, Down-
ing, Evans of Titus, Fayle, W. Flanagan, Fleming, Foster,
Gaston, Glenn, Goddin, Gray, Grigsby, Hamilton of Travis, Flarris,
Harn, Hunt, Johnson of Plarrison, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Keuchler, Kirk, Lindsay, Lippard, Long,
McCormick, McWashington, Mills, Morse, Muckleroy, Mullins.
Mundine, Munroe, Newcomb, Oaks, Pedigo, Phillips of San
Augustine, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze,
Scott, Slaughter, Smith of Galveston, Smith of Marion, Stock-
bridge, Sumner, Talbot, Thomas, Yaughan. Watrous, Whitmore,
Williams, Wilson of Brazoria, Wilson of Milam, Wright, Yar-
borough— 76.

So the Convention refused to lay the amendment upon the table.

The question recurring upon the adoption of the amendment, it
was adopted.

The question recurring upon the adoption of the resolution as
amended, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bell, Bledsoe, Board, Bryant of
Grayson, Bryant of Harris, Buffington, Butler, Carter, Coleman,
Constant, Curtis, Degener, Downing, Fayle, Fleming, Foster,
Goddin, Grigsby, Hamilton of Travis, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Lippard,
Long, McWashington, Mills, Mundine, IMVinroe, Newcomb, Oaks,

438 EECOXSTRUCTION CONVENTION JOURNAL.

Phillips of San Augustine, Phillips of Wharton, Posey, Rogers,
E,ubj, Schuetze, Scott, Slaughter, Smith of Galveston, Smith of
Marion, Stockbridge, Sumner, Talbot, Thomas, Vaughan, Watrous,
Whitmore, Williams, Wilson of Milam, Wright, Yarborough —
56.

Nays — Messrs. Adams, Armstrong of Jasper, Boyd, Cole,
Evans of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Gray,
Harris, Harn, Keigwin, Kirk, McCormick, Morse, Muckleroy,
Muliins, Pedigo, Varnell, Wilson of Brazoria — 21.

So the Convention adopted the resolution as amended.

Mr. Lippard asked leave of absence for Messrs. Patten and
Evans, of McLennan.

Leave granted.

Mr. Adams asked leave of absence for Mr. Kirk for twenty-one
days.

Leave granted.

On motion the Convention adjourned until to-morrow morning
at nine o'clock.

CAPITOL, AUSTIN, TEXAS,
July 21, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Lippard presented a petition from the citizens of Hill,
Navarro and Limestone counties, asking the formation of a new
county, to be called Maury county.

Referred to the Committee on Counties and County Boundaries.

Mr. Fayle presented a petition for the organization of the
Hebrew Benevolent Society of Houston, with accompanying decla-
ration and asked its reference to the Committee on General Pro-
visions.

ACT OF INCORPORATION

Of the Hebrew Benevolent Society of Houston.

Section 1. Be if knoui?i, That Isaac Coleman, Henry S. Fox,
G. Gerson, S. Mayer, Adolph Cramer, M. Jacobs, L. M. Rich,
Louis Cohr, Felix Wolf, E. Hyams, J. M. Kaufmheimer, Sam

RECONSTRUCTION CONVENTION JOURNAL. 439

Stern and B. Morris, and their successors in office forever, are
hereby constituted a bodj corporate in fact and law, under the ]iame
a)id stjle of the '^' Hebrew Charitable Society of the city of
Houston," and by that name and style shall have succession, a,nd be
capable in law of suing and being sued, of defending and being
defender, of pleading and being impleaded, of having a common
seal, and to acquire, have and hold estate, real, personal and mixed,
and the same to buy, exchange, sell, mortgage or transfer, pledge
or otherwise encumber or alienate, as said association may deem
expedient, and be capable of receiving by donation,. bequest, demise,
or in any manner or form, from any person or persons, or body
corporate, in or out of this State.

2. That said Association shall have power to make a Constitution
and such by-laws as may be necessary for its own government.

Referred to the Committee on General Provisions.

Mr. Flanagan from the Committee on Internal Improvements
made the following report :

Committee Room,
Austin, Texas, July 21, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee have again, by order of the Convention,
had under consideration the declarations concerning the Buiililo,
Brazos and Colorado Railroad, the Texas and New Orleans Rail-
road and the Southern Pacific Railroad, likewise the Houston Tap
and Brazoria Railroad, and after mature deliberation, they come to
the conclusion that it is the immediate and best interest of the State,
for the security of the special School Fund, to adhere strictly to
their previous reports, allowing the payments that have been made
in State warrants and bonds. Your committee are of opinion that
they have no power to declare void said payments, and any litiga-
tion would only tend to postpone and perhaps jeopardize the whole
debt to a great extent.

The premises considered, your committee instruct me to recom-
mend the adoption of the accompanying declarations, which are

Respectfully submitted,

J. W. FLANAGAN,
Chairman of the Committee on Internal Improvements.

A DECLARATION.

It is hereby declared by the Delegates of the people of Texas
ill Coiivenfion assembled :
That it shall be and is hereby made the duty of the present

440 EECONSTKUCTION CONVEXTION JOURNAL.

Provisional Governor of this State to cause the following named
railroads to be sold, for the payment of the indebtedness of the
companies owning them, respectively, to the special School Fund of
the State, to-wit: The Buffalo Bayou, Brazos and Colorado Rail-
road ; the Texas and New Orleans Railroad, and the Southern
Pacific Railroad.

2. It shall be the duty of the Governor, as soon after the
passage of this act as may be consistent with his other official duties,
\j cause said railroads to be advertised for sale, for sixty days, in
the following named newspapers, to-wit : The San Antonio Express,
the Austin Republican, Flake's Galveston Bulletin, the Galveston
l^ews, the National Index, at Tyler, Smith county; some newspaper
in the city of Marshall, Harrison county, and one leading paper in
the city of New York. The sale shall take place on the steps of
the capitol, in the city of Austin, between the hours of ten o'clock,
A, M., and two o'clock P. M., under the direction of the Governor.
The said roads shall be sold separately. The sale shail transfer to
the purchaser all the property in the road and of the company to which
the road belongs, upon .which the bonds executed for the loan of the
special School Fund are a lien, as set forth in the third section of
act of the 13th of August, A. D., 1856, concerning the loan of the
School Fund.

3. For the purpose of the sale herein contemplated, it is hereby
declared that the Buffalo Bayou, Brazos and Colorado Railroad
Company was indebted to the special School Fund of the State on
the 1st day of March, A. D., 1868, in the sum of |,499,800, prin-
cipal and interest ; that the Texas and New Orleans Railway Com-
pany was indebted to the special School Fund, on the same day, in
the sum of $595,169 25 principal and interest ; and that the
Southern Pacific Railway Compa.ny was indebted to the special
School Fund, on the same day, in the sum of !|^202,625, principal
and interest.

4. Tlie sale of these roads shall be at public auction ; and if any
person shall bid for either of said roads, the whole amount of the
debt due by the company owning the road to tlie special School
Fund, with interest to the day of sale, the Avhole amount to be paid
down in coin, it shall be the duty of the Governor to accept such
bid. and to cause the road in question to be knocked off to such
pui'chaser, provided he cannot obtain a better bid in cash ; but, if
no person shall bid the whole amount due hy the companies owning
said roads respectively, it shall be the duty of the Governor to bid
for each of said roads the whole amount due by the company to
which the road belongs, to the School Fund, and thus purchase each
of said roads for the State ; and upon the making of such bid by

RECONSTRUCTION CONVENTION JOURNAL. 441

the Governor, and his public declaration that he purchases said roads
for the State, said roads shall become the property of the State ;
and the Governor shall, on the same day, file in the office of the
Secretary of State a written declaration that he purchased said
I'oads, or either or any of them, as the case may be, for the State ;
which declaration shall be attested by the Secretary of State, and
the seal of the State.

5. If any person other than the Governor shall become the pur-
chaser of said roads, or either or any of them, then it shall be the
duty of the Governor, after the payment of the price, to give to
such purchaser a certificate of sale, signed by himself officially, and
attested by the Secretary of State, using the seal of the State ;
which said certificate, after being recorded in the office of the Secre-
tary of State, shall be delivered to the purchaser, and shall vest in
said purchaser full title to the road or roads so purchased, with all
the rights, franchises, property, &c., &c., set forth in the 8d section
of the act of 13th of August, 1856, concerning the loan of the
School Fund.

6. If the Governor shall purchase either or any or all of said
roads for the State, he shall have, and is hereby vested with power
to resell either or any or all of said roads to any person or company,
or association of persons that can show, to the satisfaction of the
Governor, the pecuniary ability to put said road or roads in complete
running order for the use of the public ; and that shall also enter
into contract with the Governor to put such road or roads in com-
plete running order within a reasonable time ; and any person or
company, or association of persons proposing so to contract with the
Governor for the purchase of one or more of said roads, shall, in
such contract, stipulate that the bonds of the former company or
companies, for the sums borrowed from the School Fund, shall
continue to be a first lien on said road or roads for the amounts due
said School Fund ; and in making any such contract, the Governor
shall, as the representative of the State, stipulate that the party pur-
chasing either or any or all of said roads shall have 9.n extension of time
for payment of the bonds of the former company or companies for
the am.ounts due to the School Fund, of twenty years from the
date of such contract ; and such contract shall also contain a stipu-
lation that if the party purchasing cither or any or all of said •
roads shall make default for a period of thirty days in the payment
of the interest upon said bonds, then tlie principal as well as the interest
of said bonds shall be deemed to be due, and the State shall have the
right to proceed to sell the road or roads upon which the bonds so
becoming due are a lien, in such manner as is now or may hereafter
be prescribed by law. Such resale and contract with the Governor

442 EECONSTRUCTION CONVENTION JOURNAL.

shall subrogate the party purchasing to all the rights 'and privileges
granted hj the charter or charters of the company or companies sold
out, and shall subject the party purchasing to ail the provisions of
the laws of the State as fully as the sold out comjjany or compa-
nies was or were.

7. K the Governor sha,ll not make any resale of said roads; or
either or any of them, before the first day of the meeting of the
next Legislature of the State, then his power to resell said roads, or
such of them as at that time have not been resold by him, shall
cease, and it shall be the duty of the Legislature to make such
disposition of such roads or road as may be the property of the
State, as will best protect the special school fund, and subserve the
interests of the public.

8. Li the event that the Governor shall purchase any or either of
these roads for the State, as hereinbefore provided, he shall have
authority to take possession of the roads or road purchased, and to
appoint a receiver or receivei'S to control and manage the same for
the State, under his direction, until a resale shall be made, or until
the Legislature sball otherwise direct.

9. In the event of a purchase of these roads, or either of them
from the Governor, under the provisions of the 6th section of this
declaration, nothing in this declaration contained, and nothing in the
contract which the purchaser may enter into with the Governor,
shall be construed or understood to deprive the Legislature of the
power to control said roads by law, or to make any further agree-
ment with said purchaser as may be deemed beneficial to the roads
or to the public, and conducive to the security of the school fund.

10. It shall be the duty of the Governor to recite this declaration
in the advertisement of said roads for sale.

A DECLARATION.

1. If is hereby declared by the delegates of the people of Texas
in Convention assembled^ That it shall be and is hereby made the
duty of the present Provisional Governor of the State to cause the
Houston Tap and Brazoria Railroad to be sold for the payment of
the ijidelHcdness of the company owning the same, to the special
school fund of the State.

2. As soon after the passage of this ordinance as may be consistent
with his other official duties, the said Provisional Governor shall
cause the said railroad to be advertised for sale for sixty days in the
following newspapers : The San Antonio Express, The Austin
Republican, Flake's Galveston Bulletin, The Houston Telegraph,
and for at least forty days in some leading paper in the city of New

RECONSTRUCTION CONVENTION JOURNAL. 4-13

York. Tlie sale shall take place in front of the capitol, in tlie citj
of Austin, between the hours of ten o'clock, A. M. and two o'clock
P. M. The sale shall be at public auction and under the direction
of the Provisional Governor. The sale shall be for cash, to be paid
down in gold or silver money of the United States, or in its equival-
ent in United States currency on the day of sale.

3. As there may be some question as to the rights of a purchaser
under the existing law of the State, it is hereby declared, that any
purchaser of this road shall have the right either to run and manage
said road in conformity with the charter of the companynow owning
the same, and subject to the laws of the State in the premises, or to
take up and remove the iron from said road ; but if the use of said
road shall ever be discontinued and the iron removed from the same,
then the franchises granted in the charter authorizing the construc-
tion of said road shall revert to the State of Texas.

4. If any person shall appear and bid for said road and become
the purchaser thereof on the day fixed for the sale, it shall be the
duty of the Governor to give such purchaser a certificate of the snle
and purchase, which shall be signed by the Governor ofificiall}', and
attested by the Secretary of State, and the seal of the State ; which
said certificate shall be recorded in the office of the Secretary of
State before being delivered to the purchaser ; and such certificate
shall vest full title to said road in the purchaser, with all the rights
and privileges accorded by the charter of said road, by the laws of
the State, and by this declaration.

5. No bid for a less sum than twenty-five thousand dollars in coin
for said road shall be considered by the Governor ; and if thei'e be
no sale made of the road aforesaid, then it shall be the duty of the
Legislatui'e, at its first session, to make such disposition of said road
as may be deemed necessary and proper.

Mr. Flanagan moved that the rules.be suspended to allow the
consideration of the report.

Eules suspended.

Mr. Flanagan moved the report be made the special order of the
day for Friday, at 10 o'clock, July 24, 1868.

Carried.

Mr. Yarborough ofiered the following resolution :

Resolred, That whereas it doth appear that the county of Wood,
in the State of Texas, had a strong jail in good repair, and by
misfortune said jail has recently been burned down, and the county
being very short of funds to push forward the work of building a
new jail, of which the county stands in great need ; therefore, in
order to assist the county court of the county of Wood to have the
building of a new jail performed with speed, be it

444 RECONSTRUCTION CONVENTION JOURNAL.

Resolved by this Convsjiiion^ That the State tax due fron said
county, for the years 1868 and 1869, be, and the same is hereby
returned to the use of the said county of Vfood.

Referred to the Committee on Finance.

Mr. Lippard offered the following declaration :

Section 1. Be it declared by this Convention^ The folio-wing
territoiy, to wit : Beginning at the northwest corner of Freestone
county, Texas ; thence running south 60° west to eastern boundary
of McLennan county ; thence north 30° west with the northeast
line of said McLennan county to the northeast corner thereof;
thence on a straight line to the southwest corner of Ellis county ;
thence north 60° east with the southeast line of the same, to a point
opposite the place of beginning ; thence south 30° east to the place
of beginning, shall be, and constitute a new county, to be called the
county of Richland.

Sec 2. That the Commanding General of the Fifth Military
District is hereby requested to appoint a county judge, county
cleric, and all the other officers to which a county in Texas is
entitled, in and for said county.

Sec 3. That the county judge or county commissioner of said
county, upon their qualification, shall proceed to select the county
site thereof

Sec 4. That said county, for the purpose of district court
jurisdiction, shall be and remain for the present a part of Hill
county, Texas.

Referred to the Committee on Counties and County Boundaries.

jMr. Kei^win offered the followins; declaration, and asked its
reference to the Committee on Judiciary:

A DECLARATION

Annulling an Act entitled " An Act to organize the County Courts,
and to define the powers and jurisdiction thereof," approved
OcLober 25th, 1866.

Whereas, An Act, entitled "An Act to organize the county
courts, and to define the power and jurisdiction thereof," approved
October 25th, 1866, has conferred, in addition to the powers and
jurisdiction exercised by said county courts, previous to the passage
of the above entitled act, extraordinary, original and concurrent
jurisdictions of suits against the county allowed by law ; also,
to hear and determine all suits and prosecutions in the name of the
State by presentment, information or indictment, for misdemeanors
and offences under the grade of felony ; also, of all suits for the

RECONSTRUCTION CONVENTION JOURNAL. 445

recovery of specific property or its value, torts, trespasses, injuries
to person or property, breaches or violations of the revenue lavrs of
the State, and of all suits for the recovery of money on any account,
bill, bond, note, or other instrument of writinix, in value not less
than one hundred dollars, nor more than five hundred dollars, ex-
clusive of interest ; and.

Whereas, The extraordinary power is conferred upon the judges
of said court, by authority of said act, of granting vrits of man-
damus, injunction, sequestration, attachment, and all other remedial
writs and process necessary to enforce the jurisdiction in said act
conferred ; and,

Whereas, Said act authorizes six terms of said court to be held
during the period of each year, and requires a jury of twelve per-
sons to be previously drawn, and to be organized at each term
thereof; and,

WHE^tEAS, By authority of said act, unusual, excessive and ex?or-
bitant fees are allowed to be taxed and collected by the officers of
said court in all suits and proceedings had before them ; and,

Whereas, Said courts, in the exercise of the jurisdiction con-
ferred upon them by authority of said act, have proven to be a great
burden and expense to the respective counties of the State, and
onerous perplexing; and a heavy and burdensome tax on the time
of the citizens of said counties, and an unnecessary and useless ex-
penditure of the revenue of the several counties ; and.

Whereas, The entire jurisdiction of all matters, conferred by
authority of said act to said county courts, is delegated to and exercised
by the several district courts of the State, and to which courts the
jurisdiction of all such litigation properly belongs, and is already
provided for by law ; and.

Whereas, There is a general complaint and dissatisfaction ex-
pressed by the people of the State at the enactment of said law. and
a general desire existing that the same should be blotted out ; there-
fore.

Be if declared by this Convention^ That the act entitled -'An
Act to organize the County Courts, and to define the powers and
jurisdiction thereof,"' approved October 25th, 1866, be, and the
same is hereby declared null and void, from the date of the passage
of this resolution.

Be it further declared^ That the clerks of the respective county
courts in the several counties of this State, shall immediately trans-
mit to the clerk of the district court of their respective counties, all
of the original papers in each case, on the docket of their court, not
finally disposed of; and they sliall also make out and transmit to
the district court, with the original papers in each case, all isuch

446 EECONSTRUCTION CONVENTION JOURNAL.

orders, judgments and decrees as may have been rendered by the
county court during the progress of such suit in said court, together
■with a taxation of all costs that may have accrued in each case ; and
the clerks of the district court, to whom the papers and transcript
of said cases may be directed, shall docket the cases on the appear-
ance docket of said court, as they appeared in their regular order
on the docket of the county court ; and all such cases shall stand
for trial in their regular order, as other suits in said district courts,
and be disposed of in the regular order of business of said court ;
and in all cases, wherein judgments or decrees have been rendered in
said county courts, and which judgments have not been satisfied,
and the orders and decrees not complied with, the clerks of said
court shall also transmit the papers and transcript of the records in
said cases to the clerk of the district court ; upon the filing of
which, without docketing by the district clerk, it shall be his duty
to isisue all the writs necessary to enforce the judgment, decrees or
orders had in said cases in the county court.

Be it further declared^ That the jurisdiction of the county
courts of this State shall hereafter be only exercised in accordance
with the laws now in force, exclusive of the jurisdiction granted by
authority of the above recited act, which jurisdiction is limited to
the transaction of all business appertaining to the estates of deceased
persons, minors, idiots, lunatics, and persons non compos me?itis,
as is now prescribed by law, and in the exercise and discharge of all
the duties authorized and required to be performed by the various
laws now in force, prescribing and regulating the duties and powers
of police courts.

It A^as so referred.

Mr. Downing offered the following declaration, and asked its
reference to the Committee on State Alfairs :

RESOLUTION FOR THE OATH OF OFFICE.

No person shall be a Senator or Representative in Congress, or
elector of President and Vice President, or hold any office, civil or
military, under the United Statea, or under any State, who, having
previously taken an oath as a member of Congress, or as any officer
of the United States, or as a member of any State Legislature, or
an executive or judicial officer of any State, to support the Consti-
tution of the United States, shall have engaged in insurrection or
rebellion against the same, or giv^en aid or comfort to the enemies
thereof ; any person that voted for secession of his own free will
and accord, shall not be allowed to vote, or hold any judicial office,
or a member of the Legislature of the State of Texas ; and I fur-

RECONSTRUCTION CONVENTION .JOURNAL. 447

tliermore promise and swear that I never sympathized or gave aid
or comfort; audi furthermore promise and swear that I held no
office in the Confederacy, or neither sought nor accepted, nor pre-
tend'jd to accept any office in the United States hostile or inimical
to the United States of America and the State of Texas; so help me
God.

It was so referred.

Mr. Curtis offered the following resolution :

Whereas, We have just reason to believe that there exist armed
bodies of men in this State, with the avowed purpose of wilfully
murdering law-abiding, loyal men, for no reason, except for their de-
votion to the Union of their fathers ; therefore *

• Resolved, That the President of this Convention appoint a Com-
mittee, to consist of five members of this Convention, as a committee
of safety, whose duty shall be to advise and propose such measures
as will protect the lives of the loyal people of Texas ; and to pre-
sent some system, of defence against the outrages, murder, and
rapine that is committed daily.

Be it resolved, That we have reports of from five to ten murders
committed daily, and that unless relief is speedily had, that the
Union men of Texas will be compelled to leave the State, to avoid
assassination and extermination.

Mr. Carter moved that the rules be suspended to allow considera-
tion of resolution.

Kules suspended.

]Slr. Burnett moved that the resolution be referred to the Com-
mittee on Lawlessness and Crime.

Carried.

Mr. Gray offered the following resolution, and asked its reference
to the Committee on Counties and County Boundaries :

Whereas, The Police Court of Titus county, A. D. 1867, by an
order, authorized Norman Reynolds to construct a bridge over Boggy
Bayou, where the Western road, leading from Jefferson, in jMarion
county, crosses said Bayou in Titus county, near the residence of
said Reynolds, and

Whereas, Said Reynolds, by virtue of said order, has expended
a large sum of money in the construction of said bridge, and has
almost completed the same, about nine hundred feet in length ; and

AVhereas, The said bayou, for months in the year, is almost im-
passable ; therefore be it

Rc.-^olved hy this Convention, That the said Reynolds and his
heirs and assigns shall have the right to complete said bridge, and
receive tolls for crossing tlie same, in the same amount allowed the
Hart's Creek Turnpike Company, in Titus county ; and that the

448 EECOXSTRUCTIOX COXVENTION JOURNxiL.

privilege hereby granted shall continue for ten years from the com-
pletion thereof ; and the order of the county court aforesaid, grant-
ing the right, is hereby made valid.

Section 2. Be it further resolved^ That, upon an insnection
of said bridge by the judge of the county court and two county
commissioners of Titus county, and their certificate that said bridge
has been completed in accordance with the order aforesaid, the said
Reynolds shall have the privilege of charging and receiving the tolls
aforesaid ; provided said bridge be kept in constant repair, and safe
for travel at all hours of the day and night.

Sec. 3. Said ^SfSyaolds, his heirs and assigns shall be respon-
sible for all damages sustained by reason of said bridge being out o£
repair.

It was so referred.

Mr. Whitmore, by leave, asked to introduce a report from the
Committee on Finance.

Committee Room,
Austin, Texas, July — , 18G8.

Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Finance beg to return herewith the
petition of S. B. Buckley, and beg to be discharged from further
consideration of the same.

The evidences which have been produced suggest the untruthful-
ness of the representations of the petitioner. He was never an offi-
cer of the State, but a private employe of Mr. B. P. Scheumard,
and Dr. Moore, at the rate of one dollar a day. Nor do the services
of petitioner deserve any consideration.

A pamphlet of the Board of Natural Sciences of Philadelphia
stamp S. B. Buckley as a common impostor ; his achievements in
Austin, where he has utterly ruined the collection of minerals, show
him to be an ignoramus.

Respectfully,

WHITMORE,

Chairman.

Mr. Boyd oflTered the following resolution :

1. Be il resolved, That a committee of five be appointed by the
President of this convention, to purchase an appropriate monument
of fine American marble, to be erected over the remains of the
lamented General Sam Houston, the father and statesman of Texas.'

RECONSTRUCTION CONVENTION JOURNAL. 449

2. That the sum of one thousand dollars, or so much thereof as
will be necessary, is hereby appropriated to carry into eliect the
above resolution.

Mr. Butler moved that the rules be suspended to consider the
resolution.

Eules suspended.

Mr. Buffington moved to lay the resolution on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Ada.ms, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Bryant of Harris, BufSngton, Burnett, Coleman,
Curtis, Downing, Grigsby, Johnson of Calhoun, Jordan, Kuechler,
Morse, Munroe, Newcomb, Oaks, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Ruby, Schuetze, Smith of Galveston,
Thomas, Williams, Wilson of Milam — 27.

Nays — Mr. President, Bell, Board, Boyd, Brown. Butler, Carter,
Evans of Titus, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Glenn, Gray, Hamilton of Travis, Harris, Harn, Johnson of Har-
rison, Kealy, Keigwin, Kendal, Leib, Lippard, Long, Mackey,
McCorniick, Mills, Muckleroy, MuUins, Mundine, Pedigo, Rogers,
■Scott, Slaughter, Stockbridge, Watrous, Whitmore, Wilson of Bra-
zoria, Wright, Yarborough — 41.

So the Convention refuse^ to lay the resolution on the table.

Mr. Buffino-ton offered the followino- substitute :

Resolvedj That the Legislature is hereby authorized to appro-
priate ten thousand dollars for the purpose of erecting a suitable
monument to the memory of the late Sam Houston.

The question recurring upon the adoption of the substitute, it was
•adopted.

Mr. Schuetze offered the following amendment to the substitute:

" Said monument to be erected near the Capitol of the State."'

The amendment to the substitute was agreed to.

The question recurring upon the second reading of the resolution
as ameiKled, it was read a second time and agreed to.

Mr. Harn offered the following resolution :

Section 1. Be it resolved by the people of Texas in Conven-
tion assembled. That any person or persons having received money
contributed for the purpose of erecting a monument on the battle-
field of San Jacinto, shall pay the same into the Treasury of the
State.

Sec. 2. Aiid be it further resolved, That it shall be the duty of

the Treasurer to invest all monies paid into the Treasury of the

State, for the purpose aforesaid, in the bonds of the United States ;

and when said funds shall amount to the sum of five hundred thou-

450 RECONSTRUCTION CONVENTION JOURNAL-

sand dollars, it is hereby made the duty of the Legislature to cause
to be erected an appropriate monument on said battle-field.

Sec. 3. Any person having any such funds, shall pay the same into
the treasury of the State within ninety days from the passage of this
resolution ; and, in case of failure to do so, shall pay ten per cent.
per month on such money as he may have so received and fails to
pay over, until the same shall be collected.

Sec. 4. It shall be the duty of the Comptroller to commence
suit in the name of the State of Texas for such monies, and the
Attorney General, or any district attorney, shall prosecute such suit
or suits in the name of the State ; and, in case of recovery, the same
shall be paid into the State Treasury for the purposes and for the
uses aforesaid.

Sec. 5. The Treasurer shall receive and report to the Comptrol-
ler all monies that may be received, contributed or appropriated for
the purposes aforesaid ; and the same shall be denominated " The
San Jacinto Monumental Fund.''

Referred to the Committee on State Affairs.

Mr. Bryant, of Harris, offered the following resolution, and ashed
its reference to the Committee on General Provisions.

Resolved, That the following shall form a part of the Constitu-
tion :

Section — . No person who shall e^er have been so unfortunate
as to have taken a human life, except in aid or execution of the la\v,
shall ever hold a civil office in this State, until he shall have been
relieved by a two-third vote of the Legislature.

It was so referred.

Mr. Smith, of Galveston, introduced the following declaration,
and asked its reference to the Committee on Internal Improve-
ments :

AN ORDINANCE
Incorporating the Northern Texas Railway Company.

Be it ordained by the Representatives of the people of Texas in
Convention assembled :

Section 1. That Tipton Walker, Joseph J. Hendley, 0. F.
Hunsaker, James W. Allen, Joseph R. Morris, James H. Bell, Ed-
wai'd Degcner, Morgan C. Hamilton, A. Bledsoe and E. J. Davis,
of Texas ; and N. A. Cowdrcy, Fred. P. James, L. P. Morton, Jo-
seph Rudd, E. B. Wesley, Horace S. Taylor, and Marcellus Hart-
ley, ail of the city of New York, or a majority of them, and their

RECONSTRUCTION CONVENTION JOURNAL. 451

associates, successors and assigns, be and are hereby created and es-
tablished a bodj corporate and politic, under the name of "The
Northern Texas Railway Company," and by that name shall have
perpetual succession.

Sec. 2. The capital stock of said corporation shall not exceed two
hundred thousand shares of one hundred dollars each — but the cor-
poration may be organized upon any less amount of capital stock.
The directors of said corporation may issue said capital stock from
time to time, at their discretion, and may divide the same into one
or more classes of preferred stock, giving such preferences as to div-
idends and as to voting as shareholders thereon, as in their judgment
will best promote the interest of the corporation.

The persons above named shall be the directors of the corporation
for the first year, and until others are chosen in their place, and a
majority of them shall be a quorum authorized to do any act or
thing which this act authorizes. Either five of the directors above
mentioned may call the first meeting of the board of directors for
the purpose of organizing this corporation. The directors and
shareholders may hold their meetings and exercise all their corporate
rights under this act, either in the State of Texas or in the city of
New York, as shall be most desirable or convenient ; but full and
accurate records of all their proceedings shall be kept in Texa^.

The corporation may receive payment for its capital stock, in
whole or in part, the obligations, bonds or shares of any railway or
railroad company incorporated by the State of Texas, or by any
StEite of the Union, or by the Republic of Mexico, or any State
thereof, with which the railway of this company connects, in exten-
sion of their lines of railway.

Sec. 3. This corporation shall have all the powers, privileges and
immunities of raih-oad companies under the laws of Texas ; and es-
pecially to sue and be sued, to acquire by grant, donation or pur-
chase ; to use, occupy and sell, bargain, lease and convey all kinds of
property, real and personal, necessary or convenient to operate, use,
or maintain its railroad; or the part or the whole of any other rail-
road hereafter acquired by them. To make any laws for the govern-
ment and management of the corporation or its officers, not contrary
to the laws of Texas, or of the United States ; to make, have and
use a common seal, and the same to alter and renew at pleasure.

This corporation is hereby authorized to lease, buy, hold, use, sell
or operate any line cf railroad now existing or hereafter established
in this State, and all its property, rights, privileges, franchises and
immunities, real and personal.

Also, to construct, maintain, use and operate a railway with a sin-
gle or double track, commencing at any pomt in the city of Galves-

452 BECONSTRUCTION CONVENTION JOURNAL.

ton, or at anj point in the citj of Houston, or at anj intermediate
point, and extending in a northerly and westerly direction, via Co-
lumbus and San Antonio, to the westerly boundary line of this
State, and from thence to the Pacific ocean ; with the further privi-
lege of making, owning, maintaining and operating such brandies of
said railway as they may deem the most expedient, not parallel to
any existing line of finished railroad within tv/enty miles thereof,
except Eft the terminal points. Also, to purchase, lease, buy or sell,
join slocks, or consolidate with any railroad connecting with the road
of this company, whether in this State or out of it ; and whenever
it shall have agreed with any company, and acquired the possession
of their roadway, then this company shall have and exercise all the
powers and privileges which have been or hereafter shall be confer-
red upon the company so agreed with or acquired, not contrary to
the laws of this State.

Also, to build, erect and maintain suitable and convenient station
houses, docks, wharves and warehouses, necessary or convenient for
the business of the corporation ; and also to build and maintain
bridges across the rivers ^ bays or waters of this State in such manner
as not to impair commerce or navigation, wherever their line of
railway shall cross the same.

Also, to fix. regulate and receive the tolls and charges by them to-
be received for transportation of persons a,i^d property, or for storage
or warehousing the property transported, or to be transported, over
their road or any part thereof; but their charges, payable in the gold
or silver coin of the United States, shall not exceed five cents per
mile for passengers and fifty cents per hundred for each hundred
miles for freight carried by them, or a currency charge equivalent
to that amount payable in gold or silver coin of the United States.

Also, to take, transport, and carry property and persons by rail-
way, by force and power of steam, or of animals, or of any
mechanical or other power, or of any combination of them, Avhich
said company may choose to apply over any and all lines of railway
owned, used or occupied by them, to such points as the company
m.ay contract to carry persons or property ; also, to buy, and hold
or sel], the shares of the capital stock and mortgage bonds, and
obligations and evidences of debt made by any company with wiiicb
this company is authorized as above to pui-chase, lease or join stocks,
or consolidate with ; and when purchased by this company, it shall
have all the legal and equitable rights that the holders thereof had
before their sale to this company.

Also, to support, maintain, hold, use, sell, and convey one or
more steam ferry-boats or other steamboats, to be used in Galveston
bay or harbor, or on the adjoining bayous or rivers.

RECONSTRUCTION CONVENTION JOURNAL. 453

Also, to purchase, hold, use, sell and convey, upon its line of
raihvaj or elsewhere, anj materials, engines, cars, steam ferry-
boats, steamboats, or any other property, real or personal, necessary
or convenient for this corporation, and for their use in transporting
persons and property, or storing or warehousing the same ; to pur-
chase, receive, and hold, and to sell and convey such real estate as
may be necessary and convenient in accomplishing the object for
which this company is incorporated.

This company shall, upon acquiring possession of the roadway of
any other railroad or railway company Avhich it is authorized as
above to acquire, have all the powers, rights, privileges, and equities,
which are or were had by the last named company, to acquire,
receive, hold, bargain, sell, and convey lands.

And they shall also have power to purchase, acquire, receive,
hold, bargain, grant, sell, and convey all or any part of the lands or
the appurtenances thereto, which have been heretofore, or shall
hereafter 1^ gi-anted or donated by the State of Texas, or by any
municipal authority or by individuals, to aid in the con-truction of
railroads ; and also all rights, equities, or things whatsoever pertain-
ing to said lands ; and also to have, hold, bargain, and sell all
claims, demands, or equities to said lands, against the State of
Texas, or against any and all persons or corporations whatsoever.

And they shall also have power to build, construct, purchase or
acquire any railway in extension of their line of road through or
into the States of Louisiana, Arkansas, and IMissouri, and to
exercise all their rights, franchises, and privileges in either or all of
said States.

And this corporation is hereby invested with all the powers and
privileges, immunities and rights which are necessary or convenient
to carry into effect the purposes and objects of this corporation, as
herein expressed.

Sec. 4. The corporation shall have power to borrow money, and
to make and issue bonds, in sums of .$500, J^IOOO and $5000 each,
to an amount not exceeding $20,000 per mile of their railway ;
said bonds may bear an interest not exceeding eight per centum per
annum : the principal and interest may be payable in the city of
New York, in gold or currency, at the option of the obligors : the
interest semi-annually ; the principal not beyond fifty years from
date. For the ultimate redemption or payment of said bonds, they
may establish a sinking fund, in such manner and form and on such
terms as the directors deem expedient. The bonds so issued may be
made convertable into either class of the capital stock of the corpor-
ation. The payment of the bonds may be secured by one or more
mortgages or trust deeds upon this franchise, upon the whoiC or part

454 RECOlSrSTRUCTION COXVENTIOS" JOURNAL.

thereof, and upon the whole or anj part of the property of this
company, real or personal, and upon the property or franchises
■which may hereafter be acquired by them. And, except as herein
expressly provided, the corporation shall have no power or authority
to movtgiige or otherwise encumber their property, real or personal,
unless the assent, in v/riting, of the majority in interest of the
owners and holders of all the capital stock issued by the corporation
shall be first had and obtained, authorizing the same.

The said mortgages, or trust deeds, may also contain covenants
and agreements authorizino; the bondholders to .vote in all stock-
holders' meetings as follows : each one hundred dollars of the
principal of the outstanding bonds shall be entitled to one vote ;
and giving the bondholders the same pro rata voice in the manage-
ment of the company with, and as if they were stockholders to the
amount of their bonds.

Sec. 5. The immediate government and direction of the affairs
of the company shall be vested in a board of not less tiian seven
nor more than fifteen directors ; and after the period for v/hieh the
present directors are designated expires, said directors shall be
chosen by the stockholders of said company by ballot, at their
annual meeting in each year,, and shall hold their office until the
next annual meeting of the company, or until others are duly elected
and qualified to take their places as directors. The directors of this
company need not be residents or citizens of the State of Texas,
but they shall keep either the original or a duplicate copy of their
records, containing all their doings, at their principal office in the
State of Texas.

The preferred stockholders shall elect the directors until a divi-
dend shall have been earned, declared, and paid on the common
0 ck; and, until then, the common stockholder shall have no vote
voice in the election of directors.

The said directors shall elect one of their number president of
e board, who shall also, by virtue thereof, be president of the
mpany, and shall also elect a vice president of one of their num-
r. They shall also appoint a secretaiy, and such other ofiicers or
ents as the necessity or ccnvcnienco ot the company requires.
A majority of the directors of the company shall constitute a
uorurn to do business ; a less number may adjourn from time to
me.

In all meetings of the stockholders of said company, each share
shall entitle the holder thereof to one vote, which vote may be given
by said stockholder in person, or by lawful proxy. But this shall
not authorize a common stockholder to have a vote for the choice of

RECONSTRUCTION CONVENTION JOURNAL. 4o5

directors until a dividend lias been paid on the common stock, as
above provided.

In case it shall so happen that an election of directors shall not
be made on the day appointed for that purpose, said corporation
shall not for that cause be dissolved, but said election may be and on
any day to which the stockholders shall adjourn, or -which shall l.'e
a])pointed by the directors. And said directors shall liave power to
fill any vacancy which may occur m their board by death. resic!;na-
tion or otherwise. x\lso, to add to their number so as not to exceed
thirteen in all.

The said directors shall have power to make and prescribe such
by-laws, rules, and regulations as they shall deem proper and need-
ful, touching the disposition and management of the stock, property,
estate, and effects of said company, the transfer of shares, the duties
and conduct of their officers, agents, and servants, and all matters
whatever which may appertain to the concerns of said company, not
contrary to those established l)y the stockholders, or to this act, or
to the laws of the State of Texas, or of the United States.

Sec. 6. Upon the dissolution of this corporation, after the pay-
ment of all its debts, the remaining assets shall be divided among
the different classes of stockholders, according to their preferences ;
that is to say, the preferred stock shall be first paid in full, and the
balance divided among the common stockholders pro rata. But
this corporation shall not be dissolved by any act of the company,
without an affirmative vote of two-thirds of each class of stock-
holders.

Sec. 7. Annual meetings of the stockholders for the choice of
directors shall be held either in the State of Texas or the city of
New York, in the month of March in each year after 1868. which
meeting shall be called by the directors, who shall specify the time
and place for holding the same. And at least thirty days previous
to each annual meeting, the directors shall send through the post-
office to each stockholder, to the address as shown by the company's
books, a full and specific statement of all the business, acts, and
doings of the corporation up to the first day of January preceding,
and a notice of the time and nlace of holdinir said annual meeting.

Sec. 8. This company shall mak^ all reports to the State of
Texas, or to any of the officers of said State, required from other
companies in said State, by the general laws thereof, and shall be
subject to all general laws, in regard to running over the road of one
company by another ; J;hey shall also keep at their office, in this
State, full and complete accounts of the traffic of the company, and
full and complete accounts of the shares and bonds issued by them,
and full and complete records of all the doings of the board of

456 EECONSTRUCTION CONVENnOX JOUSNAL.

directors ; and shall, in the month of January, in each year, prq^are
and keep in their office, in this State, a full and complete list of
their shareholders, as shown by tlieir stock books, on the first day
of January in each year.

And either the president or "vdce-president of the company, and
the secretary and treasurer, or assistant secretary and treasurer, shall
reside in this State.

It was so referred.

Mr. Schuetze offered the following resolution, and asked its refer-
ence to the Committee on Political and Legislative :

Resolved, That the legislature shall provide for the organization
of an armed cavalry police force, under the cliief command of the
Governor of the State, and under such inferior officers as the Gov-
ernor may appoint. Said force shall be stationed, a sufficient num-
ber in every county of the State ; and it shall be the duty of the
same to act as day and night patrols in their respective districts, in
0 der to preserve the peace, prevent the commission of crime, arrest
0 Tenders against the public peace, and to deliver such offender to the
proper civil authority, to be dealt with according to law.

It was so referred.

]\Ir. McWashinofton offered the followino; resolution, and asked its
reference to the Committee on Judiciary :

Resolved, That the following shall be a section of the Constitu-
tion :

Sec. — . The real and personal property of any female in this
State, acquired ■ either before or after marriage, whether by gift,
grant, inheritance, devise or otherwise, shall, so long as she may
choose, be and remain separate estate and property of such female,
and may be devised or bequeathed by her the same as if she were a
femme sole.

Laws shall be passed providing for registration of the wife's sep-
arate property, and when so registered, and so long as it is not
entrusted to the management or control of her husband, otherwise
than as an agent, it shall not be liable for any of his debts, engage-
ments, or obligation.

It was so referred.

Mr. McCormick moved the^'ules be suspended to take ixp report
of Connnittce on Contingent Expenses, respecting the pay of extra
mileage to Mr. Grigsby.

Lost.

Mr. Schuetze offered the following resolution :

Res-olved, That the remarks of Hon. A. J. Hamilton and E. Deg-
ener, in support of a resolution introduced on the 20th day of July,
by the Hon. R. K. Smith, be ordered to be printed in pamphlet

RECONSTRUCTION CONVENTION JOURNAL. 457

form, and two thousand copies in the English language, and one
thousand copies in the German language be distributed to the mern-
l;)ers of this Convention.

Mr. Schuetze moved a suspension of the rules to take up reso-
lution.

Lost.

Air. Schuetze moved its reference to the Committee on Printing.

It was so referred.

Mr. Long introduced the following resolution :

Be if Resolved by the people of Texas in ConveiHion assem-
bled, That Fred. Slaughter, the carrier of the mail from the post-
office to the Capitol, and vice versa, for the benefit of the members
of this body, be allowed four dollars per diem, and that the Secre-
tary be authorized to draw upon the Treasurer therefor as he draws
for the members.

Laid over one day.

Mr. Armstrong, of Lamar, moved to suspend rules and take up
resolution creating the county of Webster.

Lost.

Mr. Bledsoe offered the following resolution :

Resolved, That the President appoint a comniittee of tliree to
inquire into the cause of certain families now in the vicinity of Aus-
tin iieeing from their homes.

]Mr. Bledsoe moved a suspension of rules to take up resolution.

Rules suspended.

Resolution read and adopted.

The President announced the business in order was the report of
the Executive Committee.

Mr. Burnett m.oved that the provisions of the Executive Depart-
ment be read by sections and adopted seriaiim.

Carried.

Mr. Degener moved that the House resolve itself into a committee
of the whole upon the Executive Report.

[Mr. Whitrnore in the chair.]

Committee rose, reported progress, and asked leave to sit to-mor-
row morning at ten o'clock.

Leave granted.

On motion, the Convention adjourned until to-morrow morning at
nine o'clock.

458 RECONSTEUCTIOX CONVENTION JOUENAL.

CAPITOL, AUSTIN, TEXAS,
July 22, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

The President announced the committee called for by the resolu-
tion of Mr. Bledsoe, to inquire into the cause of families leaving
homes in Northern Texas, to be Messrs. Bledsoe, Vaughan and
Slauo-hter.

The President announced the reception of the following communi-
cation from his Excellency E. M. Pease, Governor of the State of
Texas, with accompanying documents in response to a resolution of-
fered by Mr. Coleman.

Executive Office,

July 21, 1868.
Hon. E. J. DAYIS,

President of the Convention:
Sir : I have the honor to transmit herewith reports from the
Comptroller of Public Accounts, State Treasurer and Commissioner
of the General Land Office, giving the information desired by a res-
olution of the Convention, that was transmitted to me a few days
since.

Very respectfully, your obedient servant.

E. M. PEASE.

Whereas, Rumors and reports are in circulation to the effect
that the various departments of the State government in Austin are
filled with employes who were enemies of the United States, and in
some instances are still hostile to the government thereof and to the
reconstruction of the State under the laws of Congress ; therefore,
in order that such "rumors and reports" may not circulate to the
detriment of the heads of the various departments and that mis-
representation and injustice may not prevail, be it

Resolved by the peojAe of the State of Texas in Convention
assembled. That his Excellency, E. M. Pease, Governor of Texas,
be, and he is hereby respectfully requested to inform this Convention
of the number of clerks and other employes in the General Land
Office, Comptroller's and Treasurer's office ;'how many of them have
taken the oath of July 2, 1862 ; how many of them served in the
armies or departments of the so-called Confederacy ; how many of
them are honorably discharged soldiers or sailors of the United

RECONSTRUCTION CONVENTION JOURNAL. 459

States ; aud how many of them are in political unison with the
government that pays them.

Mcsolvcd, farther^ It is the opinion of the Convention that the
resolution of Congress and the executive order of the President
declaring "it is eminently right and proper that honorably discharged
soldiers and sailors in the war for the suppression of the rebellion
shall have preference in employment in the various departments of
the government," is just and proper, and that preference in employ-
ment in the departments of the government of Texas should be first
given to the nation's defenders ; and second, to those who remained
loyal during four years of Confederate barbarity and rebel persecu-
tion ; and the Convention is further of the opinion that the constantly
loyal should be given preference for all places of "trust and profit''
over those who sought in any manner to dismember the Union, or
persecuted and ill treated the friends thereof

Comptroller's Office,
Austin, Texas, July 20, 1868.
His Excellency E. M. PEASE,
Governor of Texas :

Sir : I have the honor to acknowledge the receipt of your com-
munication of the 20th inst., transmitting the following resolution
of the Constitutional Convention, to wit :

Whereas, Rumors and reports are in circulation to the effect
that the various departments of the State government in Austin, are
filled with employes, who were enemies of the United States, and
in some instances are still hostile to the government thereof, and to
the reconstruction of the State under the laws of Congress ; there-
fore, in order that said rumors and reports may not circulate to the
detriment of the heads of the various departments, and that misre-
presentation and injustice may not prevail,

Be it resolved by the people of Texas in Convention
assembled : That his Excellency E. M. Pease, Governor of Texas,
be, and he is hereby respectfully requested to inform this Convention
of the number of clerks and other employes in the General Land
Office, Comptroller's and Treasurer's Office, how many of them have
taken the oath of July 2, 1862, how many of them served in the
armies or departments of the so-called Confederacy, how many of
them are honorably discharged soldiers or sailors of the United
States, and how many of them are in political unison with the gov-
ernment tliat pays them.

And requesting that I will, as early as convenient, furnish the in-
formation desired by the resolution.

460 RECONSTRUCTION CONVENTION JOURNAL.

In reply I beg leave, most respectfully, to say, that the following
named individuals have, at diifei'ent times, been clerks in this ofnce
since 3d September, 1867, to wit : Max Maas, Swante Palm, J. D.
Coupland, H. M. Taylor, Horatio C. Hunt, L. B. Collins, A. Q.
Luck, Charles Schuetze, J. L. Buaas, Herman Sjoberg, A. Schuetze.

The following oath has been administered to each clerk upon his
entering upon the discharge of his duties, and is filed among the
archives of this office, to wit :

THE STATS OB TEXAS, I
County of Travis. ^

I, , do solemnly swear that I will faithfully and

impartially discharge and perform the duties incumbent on me as
clerk in the Comptroller's office for the State of Texas, according to
the best of my skill and ability, agreeably to the Constitution and
laws of the United States and of this State; and I do further
solemnly swear that since the adoption of the Constitution by the
♦Congress of the United States, I, being a citizen of this State,
have not fought a duel with deadly weapons within this State, nor
out of it, nor have I sent or accepted a challenge to fight a duel
with deadly weapons, nor have I acted as second in carrying a
challenge, or aided, assisted or advised any person thus offending, so
help me God. Furthermore, I do solemnly swear that I have never
voluntarily borne arms against the United States since I have been
a citizen thereof, that I have voluntarily given no aid, countenance,
counsel, or encouragement to persons engaged in armed hostility
thereto; that I have neither sought nor accepted nor attempted to
exercise the functions of any office whatever, under any authority or
pretended authority in hostility to the United States ; that I iiave
not yielded a voluntary support to any pretended government,
authority, power or constitution within the United States, hostile or
inimical thereto ; and I do furtlier swear that, to the best of my
knowledge and ability, I will support and defend the Constitution of
the United States against all enemies, foreign and domestic ; that I
will bear true faith and allegiance to the same ; that I take this
obligation freely, without any mental reservation or purpose of
evasion ; and tliat I will well and faithfully discharge the duties of
the office on Avhich I am about to enter, so help me God.

Max Maas was an officer of the Confederate States Army.

A. G. Luck was Quartermaster Sergeant in frontier service during
a portion of the time of the rebellion.

Adolph Schuetze and H. C. Hunt were in the Federal service

RECONSTRUCTION CONVENTION JOURNAL. 461

during the rebellion, and are honorably discharged soldiers of the
United States, as I believe.

I acted as an officer of the so-called Confederate States Army,
from August 1863, to near the close of the rebellion, without con-
firmation by the Senate, and was finally removed by the Secretary
of War because of my supposed attachment to the Government of
the United States. My oath is on file at the State Department, and
of course is subject to inspection.

It is proper to remark, that no one connected with this office
entered the so-called Confederate States service before he was
conscribed.

I sincerely believe that there is not now, nor has there been, a
single employe of this office, since it has been in charge of the
present provisional Comptroller, who is not most heartily in symjjathy
with the Republican party of the country, and who is not most
sincerely attached to the Government of the United States, and who
does not promote by his influence and his vote the reconstruction
laws cf Congress.

I have the honor to be. your ob"t serv"t.
GEORGE C. RIVES,
Acting Comptroller.

State Treasurer's Office,
Austin, July 20, 1868.
To his Excellency,

Gov. E. M. PEASE,

Sir : In reply to your communication of this day, enclosing a
copy of a resolution passed by the Convention now in session, I
have the honor to state that this office employs a chief clerk and an
assistant clerk, both of whom have on various occasions taken the
oath of July 2, 1862 ; that both are in political unison with the
government that pays them ; that neither of them have ever served
in the armies or departments of the so-called Confederacy ; that one
of them was a refugee from Texas during the rebellion, and the
other is an honorably discharged soldier oi the United States Army.

The other employes are a night watchman and a message boy or
porter ; the former is a Swede, and has not been a year in the
United States and knows nothing of politics ; the latter is a colored
boy fifteen years old. All of which is respectfully submitted by

Your most obedient servant.
JOHN T. ALLAN,

Treasurer.

462 reconstruction convention journal.

General Land Office,
Austin, Texas, July 20, 1868.
His Excellency, E. M. PEASE,
Governor :
Sir : Your communication of this date, transmitting certain reso-
lutions of the Convention, asking for information respecting the
political status of the employes of this office, has just been handed
to me. I have to state in response to said resolutions, that there are
employed in this office one chief clerk, one receiving clerk, one
translator, one examining clerk, one file and application clerk and
five assistant clerks,, seven draftsmen and one porter, making nine-
teen employes, all of whom, except the porter, have taken the oath
to support the Constitution and laws of the United States and the
Constitution of the State of Texas ; but have not been recjuired to
take the test oath prescribed by Congress for United States officers,
approved July 2, 1862. None of them, as far. as I know and
believe, ever held any office under the Confederate States, but some
of them had to accept emplo^^ment in some of the departments to
avoid conscription, and one or two of them were in the Confederate
army, but they have all been throughout the war and since Union
men, and are now loyal and in entire unison and accord with the
Congressional plan of reconstruction.

Yours very respectfully,
JOSEPH SPENCE.

Mr. Schuetze moved a suspension of rules to alloAv Mr. Degener
to make a few remarks upon the attempted assassination of Judge
Cooley.

Rules suspended.

Mr. Dogener ofiered the following resolution :

Resolved, That the attention of the Governor be called to the
gallant conduct of Frank Yung, Sherifi" of Gillespie county, and
his companion. Captain Alfred Hunter, who have succeeded in ar-
resting the would be assassin of Hon. C. Cooley ; and the Governor
is hereby respectfully requested to devote the sum of five hundred
dollars out of the appropriation of twenty-five thousand dollars
made for such purposes by this Convention, as a suitable recompense
to the said Frank Y'^ung and Alfred Hunter for their efficient ser-
vices.

Mr. Schuetze moved the rules be suspended for further considera-
tion of the resolution.

Rules suspended.

Resolution read second time and engrossed.

RECONSTRUCTIOlSr CONVENTION JOURNAL. 463

?\Ir. Degener moved a further suspension of rules, to put resolu-
tion on its passage.

Rules suspended.

The question recurring upon the passage of the resolution, the
yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell,
Bledsoe, Brown, Bryant of Grayson, Bryant of Harris, Buffing-
ton. Butler, Burnett, Carter, Coleman, Constant, Curtis, Degener,
Downing, Fayle, Fleming, Foster, Gray, Grigsby, Hamilton of
Travis, Harris, Hunt, Johnson of Harrison. Jordan, Kealy, Kendal,
Keuchler, Leib, Lindsay, Lippard, Long, Mackey, McWashing-
ton, Mills, Mundine, Munroe, NeAvcomb, Oaks, Pedigo, Phillips of
Wharton, Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith
of Galveston, Stockbridge, Sumner, Thomas, Vaughan, Watrous,
Whitmore, Williams, Wilson of ]\lilam, Wright — 59.

Nays — Messrs. Armstrong, of Jasper, Board, Boyd, Cole, Evans
of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Goddin, Harn,
Johnson of Calhoun, Keigwin, McCormick, Morse, Phillips, of San
Augustine, Vv^ilson of Brazoria — 17.

So the resolution passed.

Mr. Ruby moved the suspension of the rules to take up the fol-
lowing resolution, ofFered by Mr. Curtis :

Rules suspended.

Resolved by the people of Texas in Convention assembled :
That a committee of three be appointed by the President of this
Convention, to proceed to the town of Miilican, for the purpose of
in vesti siting the cause of the late disturbance at that place, and re-
port the result thereof to this body ; that said committee are invest-
ed with full power to summon such witnesses before them, and ex-
am.ine such papers as shall be necessary to elicit the desired inform-
ation.

That any and every Sheriff in the State shall execute any and
every process, of whatsoever character that may be issued by said
committee.

That the sum of five hundred dollars, or so much thereof as shall
be necessary, be and the same is hereby appropriated out of the con-
tingent fund of this Convention, for the purpose of defraying the
expenses of said committee.

That Brevet Major General J. J. Reynolds be and he is hereby
respectfully requested to aid said committee in this investigation, by
the protection of an adequate escort of cavalry or infantry, as he
may direct.

Mr. Evans, of Titus, moved the resolution be referred to the
Judiciary Committee.

464 RECOJTSTRUCTION CONVENTION JOURNAL.

Mr. Degener moved the previous question upon the passage of the
resolution.

Previous question seconded.

The question recurred, "shall the main question be now put ?"

Upon which the yeas and najs were demanded, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong, of Lamar, Bell,
Bledsoe, Board, Brown, Brjant, of Grayson, Bryant, of Harris,
Buffington, Butler, Burnett, Carter, Coleman, Curtis, Degener,
Downing, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Goddin,
Gray, Grigsby, Hamilton, of Travis, Hunt, Johnson, of Harrison,
Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Long,
Mackey, McCormick, McWashjngton, Mills, Mundine, Munroe,
JSTewcomb, Oaks, Pedigo, Phillips, of San Augustine, Phillips, of
Wharton, Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith
of Galveston, Smith of Marion, Stockbridge, Sumner, Talbot,
Thomas, Vaughan, Watrous, Whitmore, "Williams, Wilson of Bra-
zoria, Wilson, of Milam, Wright, Yarborough — 67.

Nays — Messrs. Armstrong, of Jasper, Boyd, Evans, of Titus,
Gaston, Glenn, Keigwin, Mullias — 7.

So the main question was ordered.

The question recurred upon the second reading of the resolu-
tion.

Resolution read second time and ordered to be engrossed.

Mr. Sumner moved a suspension of rules to put resolution upon
its passage.

Rules suspended. v

Mr. Sumner offered the following amendment :

Amend by giving the chairman of said committee power to swear
witnesses.

Mr. Degener moved the adoption of the amendment.

It was agreed to.

The question recurred upon the third reading of the resolution.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Lamar, Bell,
Bledsoe, Board, Brovv^n, Bryant of Grayson, Bryant of Harris,
Buffington, Butler, Burnett, Coleman, Curtis, Degener, Downing,
F;iyle, Flanagan, W. Flanagan, Fleming, Foster, Goddin, Gray,
Grigsby, Hamilton of Travis, Hunt, Johnson of Harrison, Jordan,
Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Long, Mackey,
McCormick, McWashington, Mills, Mundine, Munroe, Newcomb,
Oaks, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith of Galves-

RECONSTRUCTION CONVENTION JOURNAL. 465

ton, Smith of Marion, Stockbridge, Sumner, Talbot, Thomas,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam, Wright, Yarborough — QQ.

Najs — Armstrong of Jasper, Bojd, Carter, Evans of Titus,
Gaston, Glenn, Keigwin, Mullins — 8.

So the resolution was adopted.

Mr. Phillips, of Wharton, asked leave of absence for Mr. John-
son, of Calhoun,

Leave granted.

There being no objection, Mr. Hamilton, of Travis, introduced
the following report from Judiciary Committee, and asked to have
it printed :

REPORT OF JUDICIARY COMMITTEE.

Committee Room,
Austin, Texas, Julj 22, 1868.
To the Hon, E. J. DAVIS,

President of the Convention of the State of Texas :
Sir : The Committee on the Judiciary, after a careful considera-
tion of the judicial department of the Constitution, have instructed
me to report the accompanying article. It will be perceived that
many grave changes of our judicial system are proposed in the arti-
cle. It is believed that the reasons for most of those changes can
be found in the experience of almost every lawyer and of every law-
abiding citizen in the State. Thinking it unnecessary, if not im-
proper to indulge in any extended argument in support of the various
sections of the article, it is respectfully submitted as the result of
the most careful examination and soundest judgment the Committee
were capable of exercising on the subject.

Very respectfully

A. J HAMILTON,

Chairman.

JUDICIAL DEPARTMENT.

article IV.

Section 1. The judicial power of this State shall be vested in
one Supreme Court, in District Courts, and in such inferior courts
and magistrates as may be created by this Constitution, or by the
Legislature under its authority. The Legislature may establish
Criminal Courts in the principal cities within the State, with such
criminal jurisdiction co-extensive with the limits of the county
30

466 RECONSTRUCTION CONVENTION JOUENAL.

wherein such city may be situated, and under such reguhitions as
may be prescribed by law ; and the judge thereof may preside over
the courts of one or more cities, as the Legislature may direct.

Sec. 2. The Svxpreme Court shall consist of five judges, any
three of whom shall constitute a quorum. They shall be appointed
by the Governor, by and with the advice and consent of the Senate,
for a term of fifteen years. But the judges first appointed under
this Constitution shall be so classified by lot, that the term of one of
them shall expire at the end of every three years. The judge whose
term shall soonest expire shall be the presiding judge. All vacan-
cies shall be filled for the unexpired term. If a vacancy shall occur,
or a term shall expire when the Senate is not in session, the Gov-
ernor shall fill the same by appointment, which shall be sent to the
Senate within ten days after that body shall assemble, and if not
confirmed the office shall immediately become vacant.

Sec. 3. The Supreme Court shall have appellate jurisdiction
only, which in civil causes shall be co-extensive with the limits of
the State. In criminal causes no appeal shall be allowed to the
Supreme Court unless some judge thereof shall, upon inspecting a
transcript of the record, believe that some error of law has been com-
mitted by the judge before whom the cause was tried ; Provided,
that said transcript of the record shall be presented for such inspec-
tion Avithin thirty days from the date of the trial, under such rules
and regulations as shall be prescribed by the Legislature. Appeals
from interlocutory judgments may be allowed, with such exceptions
and under such regulations as the Legislature may prescribe. The
Supreme Court and the judges thereof shall have power to issue the
writ of habeas corpus ; and, under such regulations as may be
prescribed by law, may issue the Avrit of mandamus and such other
writs as may be necessary to enforce its own jurisdiction. The Su-
preme Court shall also have power to ascertain such matters of fact
as may be necessary to the proper exercise of its jurisdiction.

Sec. 4. The Supreme Court shall hold its sessions annually at
the Capitol of the State.

Sec. 5. The Supreme Court shall appoint its own clerks, who
shall hold their offices for four years, unless sooner removed by the
court for good cause entered of record on the minutes of the court.
The said clerks shall give bond in such a manner as is now or may
hereafter be required l^y law.

Sec. 6. The State shall be divided into convenient judicial dis-
tricts, for each of which one judge shall be appointed by the Gov-
ernor, by and with the advice and consent of the Senate, for a term
of eight years, who shall, after their appointment, reside within the

RECONSTRUCTION CONVENTION JOURNAL. 467

district, and shall hold a court three times a year in each county
thereof, at such time and place as may be prescribed by law.

Sec. 7. The district court shall have original jurisdiction of all
criminal cases ; of all in behalf of the State to recover penalties, for-
feitures and escheats ; and of all suits and cases in which the State
may be interested ; of all cases of divorce ; of all suits to recover
damages for slanderer defamation of character; of all suits for the
trial of title to land; of all suits for the enforcement of liens; and of
all suits, complaints, and pleas whatever, without regard to any dis-
tinction between law and equity, when the matter in controversy
shall be valued at or amount to one hundred dollars, exclusive of
interest; and the said courts and judges thereof shall have power to
issue all writs necessary to enforce their own jurisdiction, and to
give them a general superintendence and control over inferior tri-
bunals. The district court shall also have appellate jurisdiction in
cases originating in inferior courts, with such exceptions, and under
such regulations as the Legislature may prescribe. And the dis-
trict court shall also have original and exclusive jurisdiction for the
probate of wills, appointing guardians, granting letters testamentary
and of administration, for settling tlie accounts of executors, admin-
istrators, and guardians, and for the transaction of all business apper-
taining to the estates of deceased persons, minors, idiots, lunatics,
and persons of unsound mind, and the settlement, partition and dis-
tribution of such estates, under such rules and regulations as may
be prescribed by law. ■

Sec. 8. In the trial of all criminal cases, the jury trying the
same shall find and assess the amount of punishment to be inflicted,
or fine to be imposed, except in cases where the punishment or fine
shall be specifically imposed by law. Provided^ That in all cases
where by law it may be provided that capital punishment may be
inflicted, the jury shall have the right in their discretion to substi-
tute imprisonment to hard labor for life.

Sec. 9. A clerk of the district court for each county, shall be
appointed by the judge thereof, who shall hold his office for four
years, subject to removal by the Judge of said court for cause spread
upon the minutes of the court ; the said clerk shall exercise such
powers and perform such duties appertaining to the estates of
deceased persons, lunatics, idiots, minors, and persons of unsound
mind in vacation as may be prescribed by law ; Provided^ That all
contested issues of law or fact, shall be determined by the district
court. And the clerk of the district court shall be recorder for the
county of all deeds, bonds, and other instruments required by law to
be recorded, and also ex-officio clerk of the police or county court,
and by virtue of his office shall have control of the records, papers

468 RECONSTRUCTION CONVENTION JOURNAL,

and books of the district, and county or police court, and shall gen-
erally perform the duties heretofore required of county and district
clerks.

Sec. 10. The judges of the Supreme and district courts shall
be removed by the Governor on the address of two-thirds of the
members elected to each House of the Legislature, for incompetency,
neglect of duty, or other reasonable cause which shall not be suffi-
cient ground for impeachment. Provided^ however, that the cause
or causes, for which such removal shall be required, shall be stated
at length in such address, and entered on the journals of each
House. And provided further, That the cause or causes shall be
notified to the judge so intended to be removed ; and he shall be
admitted to a hearing in his own defense before any vote for such
address shall pass. And in ail such cases the vote shall be taken
by yeas and nays and entered on the journals of each House res-
pectively.

Sec. 11. No judge shall sit in any case wherein he may be inter-
ested, or where either of the parties may be connected with him by
affinity or consanguinity within such degrees as may be prescribed
bf law, or where he shall have been of counsel in the case. When
tile Supreme court or any three of its members, shall thus be dis-
qualified to hear and determine any case or cases in said court, or
where no judgment can be rendered in any case or cases in said
court, by reason of the equal division of opinion of said judges, the
same shall be certified to the Governor of the State, who shall imme-
diately commission the requisite num1)er of persons learned in the
law, for the trial and determination of said case or cases. When a
judge of the district court is thus disqualified, the parties may, by
'consent, appoint a proper person to try the case, and upon their
failing to do so, the case shall be transferred for trial to the county
in the adjoining district, whose county seat is nearest to that of the
county v/here the case is pending. District judges may exchange
districts, or hold courts for each other, when they may deem it expe-
dient, and shall do so, when required by law. The disqualification
of judges of inferior tribunals shall be remedied as prescribed by
law.

Sec. 12. The Governor shall nominate, and by and with the
advice and consent of the Senate, appoint a District Attorney for
each judicial district, who shall hold his office for four years ; and
the daties, salary, and perquisites of district attorney shall be pre-
scribed by law.

Sec. 13. The judges of the Supreme court shall receive a salary
not less than four thousand five hundred dollars annually, and the
judges of the district court, a salary not less than three thousand

RECONSTRUCTION CONVENTION JOURNAL. 469

five hundred dollars annually. And the salary of the judges shall
not be diminished during their continuance in office.

8ec. 14. When a vacancy shall occur in the. office of judge of
the district court; or district attorney, at a time when the Senate is
not in session, the Governor shall fill the same by appointment,
which shall be sent to the Senate within ten days after that body
shall assemble, and if not confirmed, the office shall immediately
become vacant.

Sec. 15. The 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 State."

Sec. 16. In all cases of law and equity, when the matter in con-
troversy shall be valued at or exceed ten dollars, the right of trial
by jury shall be preserved, unless the same shall be waived by the
parties or their attorneys, except in cases where a defendant may
fail to appear and answer within the time prescribed by law, and the
cause of action is liquidated and proved by an instrument in writing.

Sec. 17. Every criminal offence that may by law be punished by
death, or in the discretion of the ju.ry ])y imprisonment to hard labor
for life, .and every offence that may by law be punished by imprison-
ment in the State Penitentiary, shall be deemed a felony, and shall
only be tried on an indictment found by a grand jury. But all
offences of a less grade than a felony, may ^e prosecuted upon com-
plaint under oath by any peace officer or citizen before any justice
of the peace or other inferior tribunal that may be established by
lavv', and the party so prosecuted shall have the right of trial by a
jury to be summoned in such a manner as may be prescribed by
law.

Sec. 18. One sheriff for each county shall be appointed by the
judge of the district court for the district, to which the counties
respecjively belong, who shall hold their offices for four years, sul-
ject to removal by the judge of said court for cause spread upon the
minutes of said court. Process against the sheriff and all such
writs as by reason of intei'est in the suit or connection with the par-
ties or for other causes, the sheriff is incompetent to execute, shall
issue to and he executed by any constable in the county.

Sec. 19. There shall be elected in each county by the qualified
voters of the different precincts or county, as may be directed by law,
five justices of the peace, one of whom shall reside after his elec-
tion at the county seat, and not more than one of said justices shall
be a resident of the same justices' precinct. They shall hold their

470 RECOlSrSTRUCTION CONVENTION JOURNAL.

offices for two years, and should a vacancy occur in either of said
offices, an election shall be held for the unexpired term.

Sec. 20. Justices of the peace shall have such civil and crimi-
nal jurisdiction as shall be provided for by law. And the justices
of the peace in each county, or any three of them, shall constitute a
court, having such jurisdiction similar to that heretofore 'exercised
by county commissioners and police courts, as may be prescribed by
law. And when sitting as such court the justice who resides at the
county seat shall be the presiding justice. The times and manner
of holding said courts shall be prescribed by law. Justices of the
peace shall also be commissioned to act as notaries public. Justices
of the peace shall also discharge all the duties of coroner, except
such as by section 21 of this article, are devolved upon constables.

Sec. 21. Each county shall be divided into five justices' precincts.
And the justices of the peace in each county sitting as a county
court shall appoint one constable for each justices' precinct, who
shall hold his office for two years, subject to removal by said court
for cause spread upon the minutes of the court. And said consta-
bles, or either of them, in addition to the ordinary duties of their
office, shall discharge the duties of sheriff in all such cases as here-
tofore devolved those duties upon the coroner.

Sec. 22. Sheriffs and justices of the peace shall be commissioned
by tlie Governor.

Sec. 23. Sheriffs, district clerks, and justices of the peace, when
acting as such, and when acting as a county court, shall receive such
fees or other compf^nsation as may be provided for by law.

On motion the Convention resolved itself into Committee of the
Whole.

[Mr. Whitmore in the chair.]

Committee rose, reported progress and asked leave to sit again
to-morrow at 10 o'olock.

Leave granted.

Mr. Fayle, by leave, introduced a minority report from Committee
on Internal Improvements, and asked that it be printed.

So ordered.

On motion the Convention adjourned until to-morrow morning at
9 o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 471

CAPITOL. AUSTIN, TEXAS,

July 23, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prajer by the Chaplain.
Journal of yesterday read and adopted.

The President announced the committee to proceed to Millican
to enquire into the late disturbances, to be Messrs. Sumner, Curtis
and Adams.

Mr. Whitmore, from the Committee on Finance, made the follow-
ing reports :

Committee Room,
July-- 1868.
Hon. E. J. DAVIS,

President of the Convention:

The Committee on Fin-ance have had the resolution offered by ]Mr.
Yarborough, of Wood county, under consideration, requesting the
Convention to relinqviish to the county of Wood, the State tax for
1868 and 1869, for the purpose of constructing a jail in said coun-
ty, have had the same under consideration, and instruct me to return
the same back to the Convention, and ask that it do not pass.

WPIITMORE,

Chairman.

Hon. E. J. DAVIS,

President of the Convention:

Committee Room,
July — , 1868.

Your Committee on Finance, to whom was referred a resolution of
the Convention appropriating the sum of two hundred dollars
(,$200), to procure a frame for the portrait of General Sam. Hous-
ton, have had the same under consideration, and the Committee in-
struct me unanimously to report the same back to the Convention,
and recommend that two hundred dollars, or so much thereof as
may be necessary, for the purpose contemplated in the resolution,
be appropriated out of the contingent fund of the Convention.

Respectfully su])mitted,

WHITMORE,

Chairman.

472 reconstruction convention journal.

Committee Room,

July —J 1868.
Hon. E. J. DAVIS,

President of the Convention:
The Committee on Finance, to whom was referred a resolution or
memorial from A. Siemering & Co., in relation to a resolution pass-
ed by the Convention to discontinue the four hundred copies of the
San Antonio Express, have had the same under consideration, and
^^ve requested me to return the same, and ask that tlie Express he
ciscontinued, in accordance with the resolution passed by the Con-
vention.

Respectfully submitted,

WHITMORE,

Chairman.

Mr. Flanagan, Chairman of the Committee on Internal Lnprove-
meuts, offered the following report, with accompanying declaration :

Committee Room,
Austin, July 22, 1868.
Hon. S. J. DAVIS,

President of the Convention:

Sir : Your Committee have had before them a declaration pre-
sented by the Hon. Mr. Bell, of Austin county, asking the incorpo-
ration of a company for the building of a bridge across the Brazos
river, and believing it to be a laudable enterprise, and that it does
not involve the State in any pecuniary manner, the Com.mittee have
instructed me to report back the accompanying declaration, with the
recommendation that it pass.

J. w. flanaga:n,

Chairman of the Committee on Internal Improvements.

DECLARATION

To incorporate the Bellville, Hempstead and Bryan Bridge
Company,

Be it declared by this Convention :

Section 1. That J. G. Bell and such other persons as he may
associate with himself, are hereby incorporated under the name of
the "Bellville, Hempstead and Brazos Bridge Company," and
under such name shall sue and be sued, and have succession for thir-
ty years.

RECONSTRUCTION CONVENTION JOURNAL. 473

Sec. 2. Said company shall have the right to construct a bridge,
of iron or wood, across the Brazos liver, at or near a point where a
straight line from the town of Bellville to the town of Hempstead,
in Austin county, Texas, crosses the Brazos river.

Sec 3. Said company shall construct said bridge in a good and
substantial manner, and within five years from the 1st day of Janu-
ary, A. D. 1869 ; and shall keep the same in good repair for the
term of thirty years from the completion thereof; and to be ready
at all times to pass all passengers, carriages, wagons, team.s and stock
that may wish to cross on said bridge ; and be responsible as common
carriers under the law for any loss of property in transit over said
bridge.

Sec 4. That said company shall be entitled' to charge and receive,
from the completion of said bridge, for a term of thirty years, the
following tolls, from all persons who may cross themselves or their
property, viz . four-horse or ox stage, or wagon, loaded, fifty cents ;
for six-Iiorse or ox stage, or wagon, loaded, seventy-five cents ; and
for each additional pair of horses, males, or oxen, attached to said
wagons, twenty-five cents ; for man and horse, fifteen cents ; single
horse and buggy, thirty cents ; two-horse buggies, two-horse or ox
wagons, fifty cents ; other vTehicles in proportion ; footman, five
cents : cattle, five cents per head ; hogs, sheep and goats, two cents
per head ; and other property not mentioned, in proportion to the
above rates.

Sec 5. That no other bridge shall be constructed across said
Brazos river, for the space of thirty years, within five miles, on a
straight line up and down said Brazos river, from said bridge, which
said Bellville, Hempstead and Brazos Bridge Company may con-
struct, and that this declaration be and have effect from its passage.

Mr. Armstrong, of Lamar, offered the following resolution :

Be it resolved by this Convention^ That all the resolutions and
declarations introduced into this Convention asking the creation of
new counties be referred and recommitted ;o the Committee on Coun-
ties and County Boundaries, and that said Committee report by a
general declaration such new counties as in their judgment ought to
be created and established.

jMr. Armstrong, of Lamar, moved a suspension of the rules to
put resolution on its passage.

Rules suspended,, and resolution adopted.

By unanimous consent, Mr. Degener introduced a petition from
citizens of Bexar county, and asked its reference to the Committee
on Counties and County Boundaries.

Viv. Smith, of Galveston, offered the following resolution :

474 • RECONSTRUCTION CONVENTION JOURNAL.

Resolved by the people of Texas in Convention assembled^
That a committee of five members be appointed bj the President of
this Convention, for the purpose of selecting and presenting to this
Convention such pretended laws, passed by the pretended secession
convention and the pretended legislatures convened in pursuance
thereof, as in their judgment should be validated for the well-being
of the public interest.

Mr. Armstrong, of Lamar, moved the suspension of the rules, to
allow consideration of resolution.

Lost.

Laid over under rules.

Mr. Bryant, of Harris, offered the following resolution :

Be it ordained by the people of Texas in Convention assem-
bled, That all so-called special laws of the so-called Eleventh Legis-
lature of the State of Texas, granting charters and franchises for any
purpose or purposes other than the incorporation of educational institu-
tions or benevolent societies of a religious character are, and were, in
fact, conservators of influences lately at war with the United States of
America, and being mainly composed of men lately engaged in such
war, and whose sympathies, socially and politically, are adverse to
the Union loving people of this State and nation, and in favor of the
" lost cause " of the so-called Confederate States of America, the
same are hereby declared to be null and void from the beginning, and
as such are repealed ; and, it is hereby enacted and declared, that no
persons shall exercise, claim, or have any right under, or pretended
right under the same ; nor shall any such corporation, so-called, be
regarded as a person, in the law, for any purpose whatever.

On motion, it was referred to Judiciary Committee.

Mr. Sumner offered the following resolution :

Resolved, That a committee of three be appointed, to inquire into,
and report without delay, whether there are more employes in this
Convention than necessary.

Mr Sumner moved a suspension of the rules to take up resolu-
tion.

Lost.

Laid over one day.

Mr. Thomas moved that the unfinished business upon the Presi-
dent's table be taken up.

Cariied.

The President announced the first business on the table was the
following report of the Committee on Contingent Expenses, respect-
ing the journalizing of the proceedings of the Convention :

reconstruction convention journal. 475

Committee Room,
July 25, 1868.
Hon. E. J. DAVIS,

President of the Convention:

Sir : The Committee on Contingent Expenses, to which was re-
committed the resolution originally reported by said committee, in
reference to the substantial recording of the journals of the Conven-
tion, and the substitute oifered by Mr. Burnett, of Houston, and
the motion to amend the substitute made by Mr. Thomas, of Collin,
have again had the subject matter under consideration, and are of
the opinion that the original resolution embraces all that is neces-
sary or expedient for the Convention to do on the subject ; that the
price specified is adequate, but not excessive ; that the work is such
as falls naturally and almost necessarily within the duties of the
Chief Secretary of the Convention, who is responsible, and must be
so held for its proper execution ; that it is not at all necessary, and
hardly desirable, that it should be done currently with tlie sittings
of the Convention ; and, in the opinion of your committee, the Con-
vention cannot consistently make it the duty of the Secretary to
have this work done, and for a certain price, and then require him
to transfer the work and pay to another man. The Convention has
not provided for such an office as Recording Secretary ; and, in the
judgment of this commiittee. there exists no reason for making such
an office.

I am, therefore, instructed to report it as the opinion of this com-
mittee that the original resolution reported from this committee
should be passed, and they therefore report the same back, and
recommend its passage.

A. P. McCORMICK,

Chairman.

Resolved, That the Secretary of the Convention be, and he is
hereby authorized and required to have the journals of the Conven-
tion inscribed in a bound volume, such as is commonly used in
recording deeds ; and the said secretary shall receive the sum of
twenty cents for every hundred words of said journals so inscribed,
in addition to his per diem pay.

Mr. Burnett offered the following substitute :

Whereas, the secretary of this Convention has procured the
services of Mr. John C. Morris, to record the Journal of this Con-
vention, in a well bound record book ; and

Whereas, said Morris has been engaged in said work for more
than thirty days, and is still engaged in said work, and is well

476 RECONSTRUCTION CONVENTION JOURNAL.

qualified to perform said work, in a neat and correct manner ; there-
fore,

Be it resolved^ That the Secretary is hereby directed to issue to
said John C. Morris, a certificate for pay at the rate of twenty cents
for each hundred words recorded.

Resolved further, That the secretary is hereby directed to super-
vise said record, and see that the same is correctly and properly
made.

Mr. Burnett moved the adoption of the substitute.

Substitute adopted.

Mr. Thomas moved to insert $6 00 per day, instead of twenty
cents per one hundred words.

Adopted.

Mr. Gray moved that the whole business be recommitted to the
Committee on Contingent Expenses.

Carried.

The President announced the next business in order was upon the
following resolution of Mr. Armstrong of Lamar, to adjourn sine
die:

Resolved, That this Convention adjourn sine die, on Friday, the
1st day of August next.

Mr. Bryant of Harris, moved to lay the resolution on the table,
upon which the yeas and nays were demanded and resulted thus :

Yeas — Me.3srs. President, Adams, Bell, Bledsoe, Board, Bryant
of Grayson, Bryant of Harris, Buffington, Carter, Coleman, Constant,
Curtis, Degener, Downing, Evans of Titus, Eayle, Fleming, Foster,
Goddin, Grigsby, Hamilton, of Travis, Hunt, Johnson of Harrison,
Johnson, of Calhoun, Jordan, Kealy, Kendal, Kuechler, Leib, Long,
Mackey. McWashington, Mills, Mundine, Munroe, Newcomb, Oaks,
Pedigo, Phillips of Wharton, Posey, Ruby, Schuetze, Smith of
Galveston, Smith, of Marion, Stockljridge, Sumner, Thomas, Yar-
nell, Watrous, Williams, Wilson of Brazoria, Wilson, of Milam,
Wright — 53.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lam.ar,
Boyd, Burnett, Cole, Flanagan, W. Flanagan, Gaston, Glenn, Gray,
Harris, Harn, Keigv/in, Lippard, Morse, Mucklei'oy, Mullins,
Phillips of San Augustine, Rogers, Scott, Slaughter, Whitmore,
Yar')orough— 23.

So the resolution was laid upon the table.

Mr. Thomas moved that the Convention go into Committee on the
Whole upon the report of the Executive Committee.

Carried.

[Mr. Whitmore in the chair.]

RECONSTRUCTION CONVENTION JOURNAL. 477

Committee rose, reported progress, and the adoption of certain
sections to the Constitution, and asked leave to be discharged from
the further consideration of the report of the Executive Committee.

REPORT OF EXECUTIVE COMMITTEE.

[July 23, 1868 — Reported from Committee of the Whole, and made the special
order for Monday, July 27, 1S68.J

Section 1. The Executive Department of the State shall consist
of a Chief Magistrate, who shall be styled the Governor, a Lieuten-
ant Governor, a Secretary of State, a Comptroller of Public
Accounts, a Treasurer, a Commissioner of the General Land OiSce,
an Attorney General, and a Superintendent of Public Instruction.

Sec. 2. The Governor shall be elected by the qualified voters of
the State, at the time and places at which they shall vote for
Representatives to the Legislature.

Sec. 3. The retu"rns for every election of Governor shall be made
out, sealed up, and transmitted by the returning officeis to the seat
of government, directed to the Speaker of the House of Representa-
tives, who shall, during the first vfeek of the session of the Legisla-
ture thereafter, open and publish them, in the presence of both
Houses of the Legislature. The person having the highest number
of votes, and being constitutionally eligible, shall be declared by the
Speaker, under the direction of the Legislature, to be Governor ;
but if two or more persons shall have the highest and an equal
number of votes, one of them shall be forthwith chosen Governor,
by a joint vote of both Houses of the Legislature. Whenever there
shall be a contested election for the office of Governor, or of any of
the executive officers to be elected by the qualified voters of the
State, it shall be determined by the joint action of both Houses of
the Legislature.

Sec. 4. Tne Governor shall hold his oflice for the term of four
yeai's from the time of his installment, and until his successor shall
be duly qualified. He shall be at least thirty years of age, a citizen
of the United States, and shall have been a resident and citizen of
the State of Texas for three years immediately preceding his election.
He shall be inaugurated on the first Thursday after the organization
of the Legislature, or as soon thereafter as practicable.

Sec. 5. The Governor shall, at stated times, receive a compensa-
tion for his services, which shall not be increased nor diminished
during the te. m for which he may have been elected. His annual
salary shall be five thousand dollars, until otherwise provided by
law.

478 RECONSTRUCTION CONVENTION JOURNAL.

Sec. 6. He shall be Commander-in-Chief of the militia of the
State, except ■^hen they are called into the actual service of the
United States.

Sec. 7. He may, at all times, require information in writing from
all the officers of the Executive Department on any subject relating
to the duties of their offices ; and he shall have a general supervision
and control over them. He shall have the power of removal of each
of said officers for misfeasance, malfeasance, or nonfeasance ; but the
reasons and causes of such removal shall be communicated in writing
by him to the Senate at the first meeting of the Legislature which
occurs after such removal, for its approval or disapproval ; if dis-
approved by the Senate, it may restore the displaced incumbent by
a vote of that body. If a vacancy occurs in any of the executive
offices, by death, resignation or removal, or from any other cause,
during the recess of the Legislature, the Governor shall have the
power, by appointment, to fill such vacancy, which appointment
shall continue in force till the succeeding session of the Legislature,
when he shall communicate such appointment to the Senate for con-
firmation or rejection. If it be confirmed by the Senate, the tenure
of office shall continue until the regular return of the periodic
election of said officer.

Sec. 8. He shall have power, by proclamation, on extraordinary
occasions, to convene the Legislature at the seat of Government ;
but if the prevalence of dangerous disease, or the presence of the
public enemy there, shall render it necessary, then at any other
place he may deem expedient.

Sec. 9. He shall from time to time, give to the Legislature infor-
mation in writing of the condition of the State, and recommend to
their consideration such measures as he may deem expedient.

Sec. 10. He shall take care that the laws be faithfully executed.

Sec. 11. In all criminal cases, except treason and impeachment,
he shall have power, after conviction, to grant reprieves and pardons ;
and under such rules as the Legislature may prescribe, he shall
have power to remit fines and forfeitures. With the advice and
consent of the Senate, he may grant pardons in cases of treason ;
and to this end, he may respite a sentence therefore until the close
of the succeeding session of the Legislature ; provided, that in all
cases of remission of fines or forfeitures, or grants of reprieve, or
pardon, the Governor shall file in the office of the Secretary of
State his reasons therefor.

Sec. 12. Nominations to fill vacancies occurring in the recess of
the Legislature, shall l^e made by the Governor during the first ten
days of its session. And should any such nomination be rejected,

RECONSTRUCTION CONVENTION JOURNAL. 479

the same person shall not again be nominated during the session, to
fill the same office.

Sec. 13. During the session of the Legislature, the Governor
shall reside where its sessions are held ; and at all other times at
the capital, except when, in the opiuion of the Legislature, the pub-
lic good may otherwise require.

Sec 14. No person holding the office of Governor shall hold any
other office, or commission, civil or military.

Sec. 15. At the time of the«election of a Governor, there shall
also be elected by the qualified voters of the State, a Lieutenant
Governor, possessing the same qualifications as the Governor, and
who shall continue in office for the same period of time. He shall,
by virtue of his office, be president of the Senate ; and shall have,
when in Committee of the VV^hole, the right to debate and vote on
all questions; and when the Senate is equally divided, to give the
casting vote. In case of the death, resignation, removal from office,
inability or refusal of the Governor to serve, or of his impeachment
or absence from the State, the Lieutenant Governor sliall exercise
the powers and authority appertaining to the office of Governor, until
another be chosen at the periodical election and be duly qualified ;
or until the Governor, impeached, absent, or disabled, shall be ac-
quitted, returned, or his disability removed.

Sec 16. Whenever the Lieutenant Governor shall become the
acting Governor, or shall be unable to preside over the Senate, that
body shall elect, from its own members, a president for the time being.
If, during the vacancy in the office of Governor, the Lieutenant
Governor shall die, resign, refuse to serve, be removed from office,
or be unable to serve ; or^if he be impeached, or al)sent fi-om the
StPcte, the president of the Senate for the time l)eing shall, in like
manner, administer the government, until he shall be superseded by
a Governor or Lieutenant Governor. The compensation of the
Lieutenant Governor shall be twenty-five hundred dollars per f.n
num, and shall /iot be increased or diminished during the time fof
which he ma^ have been elected ; and while acting Governor, the
same compensation as the Governor would receive for a like period
of service in his office, and no more. The president of the Senate
for the time being shall have the same compensation as may be
given by law to the Lieutenant Governor : and if called upcn to ad-
minister the government, in any of the contingencies enumerated,
shall be entitled to the portion of the salary of the Governor due
for the time of such service and no more. If the Lieutenant Gov-
ernor, while acting Governor by succession, shall die, resign, or be
absent from the State, during- the recess of the Les-islature, it shall

480 EECONSTRUCTION COIv^VENTION JOURNAL.

be the duty of the Secretary of State to convene the Senate, for the
purpose of choosing a president of the Senate for the time being.

Sec. 17. There shall be a Secretary of State appointed by the
Governor, by and with the advice and consent of tlie Senate, who
shall continue in office during the term of service of the Governor
elect. He shall keep a fair register of all official acts and proceed-
ings of the Governor, and shall, when rec[uired, lay the same, Avith
all papers, minutes and vouchers relative thereto, before the Legis-
lature or either House thereof, and*shall perform such other duties
as may be required of him by law.

Sec. 18. There shall be a seal of the State, which shall be kept
by the Governor, and used by him officially. The seal shall be a
star of five points, encircled by an olive and live oak branches, and
the words, ''The State of Texas."

Sec. 19. All commissions shall be in the name and by the author-
ity of the State of Texas, be sealed with the State seal, signed by
the Governor, and attested by the Secretary of State.

Sec. 20. There shall be a Comptroller of Public Accounts
elected by the qualified voters of the State, at the same time, an(^
in the same manner, as the Governor is elected, and having the same
qualifications; who shall hold his office for the term of lour
years. He shall superintend the fiscal affiiirs of the State ; give in-
structions to the assessors and collectors of taxes ; settle with them
for taxes ; take charge of all escheated property ; keep an accurate
account -of all monies paid into the treasury, and of all lands es-
cheated to the State : publish annually a list of delinquent assessors
and collectors, and demand of them an annual list of all tax payers
in their respective counties, to be filed in l^is office ; to keep all the ac-
counts of the State, audit all the claims against the State ; draw
warrants upon the Treasurer in favor of the public creditors, and
perform such other duties as may be prescribed by law.

Sec. 21. There shall also be a Treasurer of the State, elected at
the same time of the eliection of Governor, having the same qualifi-
cations as the Governor and Comptroller of Public Accounts ; who
shall hold his office for the same period of time. He shall receive,
and take charge of all public money paid into the treasury ; coun-
tersign all warrants drawn by the Comptroller of Public Accounts ;
pay off the public creditors upon the warrants of the Comptroller
of Public Accounts ; and perform all such other duties as may be
})resci-ibed by law.

Sec. 22. A Commissioner of the General Land Office shall be
elected by the qualified voters of the State at the same time, and in
the same manner, as the Governor, Comptroller of Public Accounts,
and Treasurer may be elected, who sball hold his office for a liLe

aECONSTRUOTION CONVENTION JOURNAL. 481

period of time, and shall possess the same qualifications. He shall
be the custodian of the Archives of the land titles of the State ; the
register of all land titles hereafter granted ; and shall perform such
other duties as may be required by law.

Sec. 23. There shall be an Attorney General of the State, hav-
ing the same qualifications as the Governor, Lieutenant Governor,
Comptroller of Public Accounts, Treasurer and Secretary of State ;
who shall be appointed by the Governor, with the advice and con-
sent of the Senate. He shall hold his office for the term of four
years. He shall reside at the capital of the State during his term
of office. He shall represent the interest of the State in all suits,
or pleas, in the Supreme Court, in which the State may be a party ;
superintend, instruct, and direct the official action of the District
Attorneys, so as to secure all fines and forfeitures, fill escheated
estates, and all public moneys, to be collected by suit ; and he shall,
when necessary, give legal advice in writing to all officers of the
government, and perform such other duties as may be required by
law.

Sec. 24. The Secretary of State, Comptroller of Public Accounts,
Treasurer. Commissioner of the General Land Office, and Attorney
General, shall each receive for his services the annual salary now
fixed by law ; and which shall neither be increased nor diminished
during their continuance in office.

Sec. 25. Should a vacancy occur in either of the offices mentioned
in the last section, (section 24 of this article,) by death, resignation,
or otherwise, it shall be filled by appointment by the Governor, if in
the recess of the Legislature, and referred by him to the Senate, on
its subsequent assembling, for confirmation. If the Senate be in
session when such vacancy occurs, then the Governor shall nominate
some fit person to that body, to fill out the unexpired term of the
office.

Sec. 26. Every bill, which shall have passed both Houses of the
Legislature, shall be presented to the Governor for his approval. If
he approve, he shall sign it ; but if he disapprove it, he shall return
it with his objection, to that House in which it originated ; which
House shall enter the objections at large upon the journals of the
House, and proceed to reconsider it. If, after such reconsideration,
two-thirds of the members present shall agree to pass the bill, it
shall be sent with the objection to the other House, by wh ch it shall
likewise be reconsidered. If approved by two -thirds of the members
present of that House, it shall become a law ; but, in such cases,
botli Houses shall determine the question by yeas and nays, with the
names of the members respectively entered upon the journals of
each House. If a bill shall not be returned by the Governor within
31

482 EBCONSTRUCTION CONVENTION JOURNAL^

five days (Sundays excepted,) after it shall have been presented to
him. it shall become a law, in like manner as if he had signed it.
Every bill presented to the Governor one day before the final
adjournment of the two Houses, and not signed by him, shall
become a law, and shall have the same force and effect as if signed
by him. The Governor may approve any appropriation, and dis-
approve any other appropriation, in the same bill, by signing the
hill, and designating the appropriation disapproved, and sending a
copy of such appropriation, with his objections, to the House in
which it originated ; and the same proceedings shall be had on that
part disapproved, as on other bills disapproved by him ; but, if the
Legislature shall have adjourned before it is returned, he shall
return it, with his objections, to the Secretary of State, to be sub-
mitted to both Houses at the succeeding session of the Legislature.

Sec. 27. Every order, resolution, or vote, in which the concur-
rence of both Houses shall be required, except the question of
adjournment, shall be presented to the Governor, and must be
approved by him before it can take effect ; or l^eing disapproved,,
sliall be repassed in the manner prescribed in the case of a bill.

Committees report read and accepted.

Mr. McCormick moved that two Imndred copies of the declaration
as reported from the Committee of tJie Whole, be printed and made
the special order for Monday, July 27th, at 10 o'clock.

Mr. Talbot moved that the rules be suspended, to allow the Com-
mittee on Education to report.

Rules suspended.

Mr. Smitii of Galveston, moved that the reading of report be dis-
pensed with and that it be printed.

Carried

To the Hon. E. J. DAVIS,

President of the Convention :

Sir : The undersigned five members of the Committee on Educa-
tion, beg leave to submit the following statement of our views in
regard to the indebtedness of the railroads of the State to the-
Special School Fund :

We find that by the legislation of 1839 and 1845, 2,302,560
acres of land were set apart to the one hundred and thirty organ-
ized counties of the State, as the basis of a perpetual School Fund.
About five-sixths of this amount has been located and surveyed.

The Convention of 18 J6, in addition to the land grant to the
counties, set apart for educational purposes the reserved sections of
railroad lands, amounting to 2,548,070 acres ; making a total land
endowment of 4,850,630 acres.

RECONSTRUCTION CONVENTION JOURNAL. 483

Your committee is of opinion that many years must elapse i^erore
any adequate amount will be realized from the sale of these lands.

Any school system we may adopt will have to depend mainly fcr
support upon other sources of income, until the stable reconstruction
of laws and society in Texas shall have produced their good fruits
in a more general prosperity and the consequent rise in value of
real estate.

In 1854, five per cent. United States specie bonds, to the amount
of two millions of dollars, were set apart as a special school fund,
to bo applied towards the payment of teacher's salaries.

To the history of this fund we invite your special attention.

In 1856, authority was given to loan this fund to railroad compa-
nies under certain conditions ; the companies giving first moi tgage
bonds paya':)le in ten years, at six per cent, specie, interest, v>ith a
further annual payment of two per cent, as a sinking fund. This
act was amended in 1858, but these conditions were unchanged.

Under this law, the Houston and Central Railroad, borrov,'ed in
1858-9, $450,000. The interest on which was paid to March 1st,
1860.

From this date to January 20th, 1864, no interest was paid. In
the month of January, March, April, July and August, 1864, there
were made so-called payments of interest in State warrants, amount-
ing to .$105,800 00.

The next payment occurred April 23d, 1866, in specie, to the
amount of $10,830 00.

During 1867, five payments were made in specie, the aggregate
amounting to $27,460.

In the opinion of your committee the so-called payment of interest,
in State warrants, during the year 1864, amounting to .$105,800, is
not an equitable payment and should not be credited as such. This
sum deducted, the indebtedness of the Houston and Central road to
the School Fund is as foiloAvs :

Interest due to March 1st, 1868 $193,284.59

Principal due 432,090.00

Total $625,374.59

The indebtedness of the Washington County Railroad is as fol-
lows :

Borrowed of the School Fund June 6th, 1859 $66,000.00

Paid to sinking fund June 6, 1860 l!320.00

Total principal due $64,680.00

484 RECOlSrSTRUCTION CONVENTION JOURNAL.

Interest due to March 1st, 1868, after deducting all

specie payments ^31,698.19

Total indebtedness to March 1st, 1868 |96,378.19

There were so-called payments of interest and princi-
pal, made in State warrants during the years 1864,
and 1865, to the amount of $47,090.20

The Buffalo Bayou, Brazos and Colorado Railroad,
borrowed from the School Fund at various times,

from March 1st, 1858, to December 17th, 1859, $420,000.00

Paid to sinking fund 12.000.00

Total principal due $408,000.00

Interest due and unpaid to March 1st, 1868 $210,174.55

Total indebtedness to March 1st, 1868 . $618,174.55

There were so-called payments of interest on this ac-
count during 1864, made in State warrants amount-
ing to ' $98,019.25

The Houston Tap and Brazoria Railroad company

borrowed in 1859 and 1860, in coin $300,000.00

Of which there is now due 295,800.00

Interest due to March 1st, 1868 142,845.71

Total indebtedness $438,645.71

So-called payments were made in State warrants dur-
ing the year 1864, to the amount of $69,483.33

The Southern Pacific Railroad Company borrowed of

the School Fund in 1862, in specie $150,000.00

None of which has been paid.

Interest due to March 1st, 1868 $52,625.25

Total indebtedness $202,625.25

Texas and Mew Orleans Railroad borrowed of School

fund, in coin $430,500.00

Interest due March 1st, 1868 $164,666.25

Total indebtedness $595,166.25

RECONSTRUCTION CONVENTION JOURNAL. 485

RECAPITULATION OF DEBT.

Houston and Texas Central $625,374.59

Wasiiingtoii County 90,378.19

Buffalo Bayou, Brazos and Colorado 618,174,55

Houston Tap and Brazoria 438,645.71

Southern Pacific 202,625.25

Texas and New Orleans 595,166.25

$2,576,354.54

Recapitulation of the amount of State warrants issued hy the
rebel State government during the war, and paid into the State
Treasury as a specie payment on the School Fund debt.

Houston and Texas Central ^105,800 00

Washington County 47,090 20

Buifalo,'B. B. and Colorado 98,019 25

Houston Tap and Brazoria 69,483 33

20,392 78

Your committee is of opinion that none of these so-called pay-
ments made by railroads in State warrants, during the late war,
should be allowed by the loyal State government.

The policy of the so-called government of the State during the
war was to maintain the value of their paper money, or warrants
issued for the carrying out of purposes hostile to the Uuited States,
and having this purpose in view, the pretended law was passed under
which these payments were made.

The foregoing being considered, and your committee being de-
sirous to recommend such a declaration as will secure the school
fund of the State in its just claims against these roads, as well as to
givo the companies a fair opportunity to relieve themselves of these
claims without hasty sacrifice of property, I have been instructed to
report the following declaration, and to ask that it be incorporated
into the Constitution.

DECLARATION

Providing for the sale of such railroads of this State as may be in-
debted to the school fund.

Section 1. Be it declared hij the people o^ Texas in Con-
vention assembled, That the railroads within this State which' are

486 RECONSTRUCTION CONVENTION JOURNAL.

indebted to the school fund, to-wit : The Buffalo Bayou, Brazos and
Colorado railroad ; the Washington County railroad ; the Houston
and Texas Central railroad ; the Houston Tap and Brazoria railroad;
the Southern Pacific railroad, and the Texas and New Orleans rail-
road, shall be sold by the Governor of the State, either at public
auction or private sale, as he may order, to any company or indi-
vidual that will, in the particular case, assume the entire debt that
may be due from the railroad to the said school fund ; such sale to
be under the following tei'ms and conditions :

The company or individual purchasing any of the railroads sold
under this provision, to deposit in the treasury of the State, at the
time of such sale, the one-fourth part of such indebtedness, which
said fourth part may be used, under the supervision of the Governor,
in putting the railroad sold in good running order, or in extending
the same.

That the company or individual purchasing any of said railroads
under the provisions thereof, shall have a term of twenty years
within which to complete payment of the indebtedness to the school
fund, the payment to be made in equal semi-annual installments,
with interest at six per cent, per annum, payable also semi-annually .
That should any company or individual, who may purchase under
the provisions hereof, fail to make any of the semi-annual payments,
either of the amount of indebtedness to said school fund, or of in-
terest due, then the whole amount of such indebtedness and interest
shall ])ecome due, and the railroad in possession of such company or
individual shall be again sold by the Governor, under the terms and
conditions of this declaration.

Provided, That, in making the first sale of any of the said rail-
roads, as hereinbefore provided, the Governor shall give a preference
to the company or individual at nresent owning the same.

Provided further, That should the Governor not be able to sell
any of said railroads, under the terms and conditions of this declara-
tion, then he may sell the same at public auction unconditionally,
for such sums as may be offered for the same.

Provided further, That the indebtedness of said railroads, here-
inbefore mentioned, is intended to include the total amount of prin-
cipal and interest due from said railroads without regard for any pre-
tended payment made during the late rebellion, when such payments
were made in any other currency than gold and silver.

JOSEPH W. TALBOT,
Chairman.
J. G. LIEB, RALPH LONG,

JACOB KUECHLER, G. J. RUBY,

JAMES P. BUTLER.

RECONSTRUCTION CONVENTION JOURNAL. 487

On motion the Convention adjourned until to-morrow moniiiig
at nine o'clock.

CAPITOL, AUSTIN, TEXAS,

July 24, 18(38.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Hamilton, of Travis, rose to a privileged question.

In the report of the debate upon the Millican disturbance, instead
of the language, " I admit that the coloi-ed men were wrong,'" it
should have been, " admit that the colored men were wrong:"'

The President announced the appointment of Mr. Thomas upon
the Committee to proceed to Millican in place of Mr. Curtis, de-
clined.

Mr. Carter, from the Committee on Political or Legislative, made
the following report :

Committee Room,
July 23, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : A resolution oflered by Mr. Adams, in reference to the regu-
lation of chaiters.

A resolution offered by Mr. W. Flanagan, in reference to licens-
ing gaming houses.

Your Committee are of the opinion that these resolutions should
have been referred to the Committee on General Provisions.

Returning the same, your Committee respectfully ask to be ex-
cused from further consideration of the same, and that they be re-
ferred to the Committee on General Provisions.

All of which is respectfully Submitted.

CARTER.
Chairman pro tern. Committee on Political or Legislative.

]Mr. Smith, of Galveston, offered the following resolution :
Resolved. That the Committee to investigate the Millican mur-
ders be authorized to employ a clerk.

488 EECONSTRUCTION CONVENTION JOURNAL.

The Convention refused to suspend rules for consideration of reso-
tion.

Mr. Scott offered the following resolution :

Therefore, be it declared by the people of Texas in Conven-
tion assembled^ That the Police Court of Lamar county be author-
ized to levy a special tax for the purpose of paying the present in-
del^tedness of said county, and that said tax be collected as hereto-
fore directed by law.

On motion the resolution was ref^-red to the Committee on Fi-
nance.

Mr. Watrous offered the following resolution :

Be it declared by the people of Texas in Convention assem-
bled, That no person shall be excluded from holding any office of
profit or trust in this State on account of race, color or previous
condition.

On motion the declaration was referred to the Committee on Gen-
eral Provisions.

Mr. Whitmore, of Smith, offered the following resolution :

Be it resolved J That his Excellency Governor E. M. Pease be
respectfully requested to report in detail to the Convention :

1. The amount in United States five per cent, indemnity bonds
and coupons recovered for the benefit of the State since the inaugu-
ration of the Provisional Government, in 1865, wuth the cost of re-
covering the same.

2. What compromises, if any, have been made to recover these
bonds and coupons.

3. What has been done with the bonds and coupons recovered, or
the money derived from compromises, if any have been made.

4. The probability of recovering for the use and benefit of the
Stite any United States bonds issued to the State of Texas, known
to be in existence and not cancelled at the national Treasury, wuth
such other information in relation to this subject which lie may
have, and may be pleased to give.

Mr. Thomas offered the following resolution :

Resolved, That the President of this Convention be, and he is
hereby authorized to draw^ from the contingent lund the sum of five
hundred dollars, or so much thereof* as may be necessary, to be used
by him in transmitting dispatches to, and paying for telegrams from
our commissioners- at Washington.

]\Ir. Gray moved a suspension of rules to take up resolution.

Rules suspended.

The question recurring upon the second reading of the resolution^
the yeas and nays were demanded and resulted thus :

"Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,.

REeONSTRUCTION CONVENTION JOURNAL. 489

Bledsoe, Board, Brown, Bryant of (jrayson. Biyant of Harris, Buffing-
ton, Butler, Burnett, Carter. Cole, Coleman, Constant, Curtis, Ueg-
ener. Downing, Evans, of McLennan, Fayle, Flanagan, W. Flan-
agan, Fleming, Foster, Goddin, Gray, Grigsby, Harris, Ham, Home,
Hunt, Johnson of Hariison, Jordan, Kealy, Kendal, Kuecliler,
Leib, Lindsay, Lippard, Long, McCormick, McWasliington, JNiorse,
Mundine, Munroe, Newcomb, Oaks, Pcdigo, Pliillips of San
Augustine, Phillips, of Wharton, Posey, Rogers, Ruby, Schuetze,
Slaughter, Smith, of Clarion, Stockbridge, Sumner, Thomas, Yar-
nell, Watrous, Whitraore, Williams, Wilson of Brazoria, Wilson, of
Milam, Wright.— 66.
Nays — Messrs. Armstrong of Jasper, Boyd, Glenn, Keigwin — 4.

So the resolution was ordered to be engrossed.

Mr. Gray moved a further suspension of the rules to put resolu-
tion on its passage.

Rules suspended.

Resolution read a third time and passed.

Mr. McCormick moved that the unfinished business upon the
President's table be taken up.

Carried.

The President announced the first business in order was the fol-
lowing I'esolution of Mr. Patten's, to instruct the Committee on
State Afiairs to report upon location of Capitol of the State :

Resoh'ed. That the Committee on State Afil^irs be retjuired to re-
port l)ack to the Convention the section of the new constitution in-
troduced by the Hon. A. J. Evans, to locate the Capitol and State
Universities.

The resolution was withdrawn by consent. The President an-
nounced that the next business in order was upon tl)e following res-
olutions of Mr. Lippard, to discontinue newspapers noAV furnished
to the Convention :

Whereas, it is our duty to our constituents, in view of the prob-
able long session of this Convention, and the limited means to pay
its expenses, to exercise all proper economy ; and

Whereas, it is not the province of this Convention to dissemi-
nate party creeds or to support newspapers as heralds of particuhu"
factions, and supporters of particular men ; therefore be it

Res/)/ red, 1. That all newspapers taken by the Convention be and
the same are hereby discontinued.

2. That the Committee on Printing be and are hereliy authorized to
contract with the lowest Republican bidder for 1 000 copies per day
of the journals of the Convention, said copies to be laid on the
members' desks by 9 o'clock, A. M., the following day.

490 RECONSTRUCTION CONVENTION JOURN*AL.

Mr. Burnett moved to lay the resolution upon the table, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adam, Armstrong of Lamar, Bledsoe,
Board, Brown, Bryant of Grayson, Bryant of Harris, BulEngton, .
Burnett, Carter, Cole, Coleman, Constant, Downing, Flanagan,
Fleming, Foster, Goddin, Gray, Harn, Johnson of Calhoun, Jor-
dan. Kealy, Keuchler, Lindsay, Mc Washington, Mundine, Mun-
roe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Po-
sey, Ruby, Schuetze, Scott, Slaughter, Smith of Galveston, Smith
of Marion, Sumner, Thomas, Varnell, Watrous, Wilson of Brazoria,
Wright — 46.

Nays — Messrs. Armstrong of Jasper, Bell, Boyd, Butler, Curtis,
Degener, Evans of McLennan, Fayle, Gaston, Glenn, Grisby, Har-
ris, Home, Hunt, Keigwin, Kendal, Lippard, Long, Morse, New-
comb. Oaks, Patten, Whitmore, Williams, Wilson of Milam, Yar-
orough — 26.

So the resolution v/as laid on the table.

The president announced the next business in order was upon Mr.
Buflington's resolution, to discharge the clerks of the various commit-
tees of the Convention.

Mr. Butler moved to lay the motion upon the table, upon which
the yeas and nays were derhanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe,Boyd, Brown, Bryant of Harris, Butler, Burnett, Carter,
Coleman, Constant, Cuiiis, Downing. Evans of McLennan, Flana-
gan, Fleming, Foster, Goddin, Home, Hunt, Johnson of Harri-
son, Keuchler, Leib, Muinoe, Newcomb, Oaks, Patten, Phillips of
San Augustine, Ruby, Schutze, Slaughter, Smith of Marion, Whit-
more, Yarborough — 36.

Nays — Messrs. Adams, Armstrong of Jasper, Board, Bryant of
Grayson, Buifington, Cole, Degener, W. Flanagan, Gaston, Glenn,
Gray, Grigsby, Hamilton of Travis, Harris, Harn, Johnson of Cal-
houn, Kealy, Keigwin, Kendal, Lindsay, Lippard, McCormick, Mc-
Washington, Morse, Mundine, Pedigo, Phillips of Whartorn, Posey,
Rogers, Scott, Smith of Galveston, Stockbridge, Sumner, Thomas,
Varnell, Watrous, Williams, Wilson of Brazoria, Wilson of Milam,
Wright— 40.

So the Convention refused to lay the resolution on the table.

The president announced that the hour hid arrived to take up the
report of the Committee on Internal Improvements, upon the sale of
the Bufialo Bayou, Brazos and Colorado Railroad, and other rail-
roads.

Mr. Fayle made the following minority report :

RECONSTRUCTION CONVENTION JOURNAL. 491

MINORITY REPORT OF COMMITTEE OF INTERNAL
IMPROVEMENTS.

The minority would call the attention of the Convention to the
following facts in relation to the Buffalo BayOu, Brazos and Colo-
rado Riilroad, and which were not known to a majority of the com-
mittee at the time their report was first made and ordered to be
printed :

1. The Bufililo Bayou, Brazos and Colorado Railroad was origi-
nally Ijuilt with the moneys and materials furnished principally by
non-residents of the State of Texas, and who, in consequence of their
non-residence, were unable to preserve and protect their interests
during the late unhappy rebellion.

2. Up to the inauguration of that dreadful state of affairs the
BinTalo Bayou, Brazos and Colorado Railroad was kept in most ex-
cellent condition, was constantly being extended and improved, and
not only paid the interest accruing on the school fund, but actually
les-ened the principal itself by twelve thousand dollars.

3. In consequence of the financial derangements produced by
the I'ebellion, and the wearing out of the rolling stock, machinery
and road l:)eds during its continuance, said Buffiilo Bayou. Brazos
and Colorado Railroad Company became greatly' embarrassed at the
close of the rebellion, and were left without means, machinery, or
rollinsj stock, and a worn-out road on their hands as the results of the
war.

4. Subsequent to the war, however, and up to the fifteenth of
Jui;e last, these same non-resident creditors, instead of taking ad-
vantage of the necessities of the old company for their exclusive
benefit, as they might very justly have done, have been generously
rendering such assistance as they could to the former company for
their resuscitation and establishment ; but, as events have proved,
unfortunately without success.

5. On the fifteenth of June last, and since this Convention com-
menced its session, in order to secure their own interests, with tlie
full consent and at the express desire of the former company, the
aforesaid non-resident creditors have been induced to take the man-
agement of said I'oad into their own hands and subject to their sole
control ; and, forming a new company, have united themselves with
one of your own citizens, identified with every interest of the State,
and a prominent and well known railroad man.

6. Carrying out in good faith the programme laid down in tlieir
formation as a new company, to make the Bufililo Bayou. Brazos
and Colorado Railroad a first-class road, and being fully able to do

492 RECONSTRUCTION CONVENTION JOURNAL.

SO, thej have since the fifteenth of June last paid of the floating
debt of the old company, ,^20,000 to the laborers and workmen pre-
viously employed, and in judgment $50,000 more; leaving the en-
tire floatiiig debt now due not over $16,000. They have ordered
from Calcasieu and along the line of the road a new set of cross ties,
and are relaying the roadbed at a probable cost of $60,000; they
have bought and paid for, and it is now on the way, a substantial
truss iron bridge to go across the Brazos river at Richmond, and are
now building the brick and concrete abutments therefor, and which
bridge, when finished by the first of October next, will be at a cost
of $80,000 ; and in addition to all this there is ordered an entirely
new rolling stock, which will swell the cost $75,000 more ; all of
which amount, $255,000, has been or will be expended during the
present year.

7. There is now eighty-five miles of road built, which will be
put in first class order, as before said, during the present year, with
the certainty that as soon as it is practicable it will be extended to
the utmost degree; thus making it one of the most valuable railroads
in the State, and afibrding ample security to the school fund in the
future.

With these facts in view the minority think it would be unfair,
and an act of great injustice to these enterprising men, citizens of
our common country, for this Convention to take advantage of the
derangements caused by the recent civil strife, and the well meant
efibrts of the present company to sustain the former one, and now,
at so short notice, to foreclose the mortgage of the State upon the
road ; more particularly as they are just starting out as a new com-
pany, with all the difficulties of a recent change, and without any
opportunity afforded them of meeting the obligations thus suddenly
and in some measure unexpectedly thrown upon them. Such action
of this Convention would deprive them of all means of recovering
their just dues, after laying out of them some ten or twelve years
without any benefit therefrom, and would not increase the certainties
of the State realizing the proper advantages of the school fund.
The minority conceive that such action on the part of this Conven-
tion would greatly affect the credit of the State abroad, and much
trammel railroad enterprises within the State of Texas for the future;
and would respectfully suggest that a proper and just course would
dictate that every reasonable favor and extension should be granted
said company ; and that this may be done, yet the well prized school
fund of the State of Texas be at no unnecessary risks, and the hopes
of a broad and wise system oi" educational interests imperiled ; there-
fore.

RECONSTRUCTION CONVENTION JOURNAL. 493

DECLARATION.

Be it declared., That the Buffalo Bayoa, Brazos and Colorado
Railroad Company shall be, and is hereby, required to deposit with
the Comptroller of the State of Texas within sixty days from the
passage of this declaration, the sum of one hundred and twenty-five
thousand dollars, either in money or United States bonds, as addi-
tional security to the bonds now in possession of the State, for the
amount due on the School Fund, principal and interest ; amounting
in all to $499,800, due March 1, 1868.

2. That the said ^499,800, wnth so much interest accruing
thereto as shall make the sum total .$500,000, shall form a new
principal, the interest of which shall be paid by said Buff ilo Bayou,
Brazos and Colorado Railroad Company on the first day of January
next, and semi-annually afterwards, as it becomes due.

3. Said Buffalo Bayou, Brazos and Colorado Railroad Company
shall be entitled to draw out of the hands of the Comptroller any
portion of said deposit, in sums of not less than twenty thousand
dollars at a time, whenever said company can make satisfactory
showing to the Governor that they have expended such amount in
the permanent improvement or in the actual extension of said i-oad.

4. Should said company not produce to th'? Governor, within
sixty days from the passage of this declaration, the receipt of the
Comptroller, showing that the sum of one hundred and twenty-five
thousand dollars, in money, or United States bonds, has been depos-
ited for additional security, as required by the first section of this
declaration ; or should the said company fail to make any payment
of interest for sixty days from the time such payment is due, the
Governor shall be, and he is hereby, authorized, after giving thiity
days' notice in the Austin Republican, San Antonio Express, Flake's
Bulletin, National Index, and one leading paper respectively in Bos-
ton and New York, to proceed to sell, or to have sold, from the
Capitol steps, in the city of Austin, said Buffalo Bayou, Brazos and
Colorado Railroad, with its entire rolling stock, together with all the
rights, privileges, franchises, immunities and claims that said com-
pany may have to the same, to any person or persons who shall bid
the whole amount of principal and interest due on the day of sale ;
payments to be made as follows : one-fourth down, and the re-
mainder in four annual installments, with interest from the day of
sale, secured by lien on the road.

The minority would also offer the following modification of the
majority report, as it respects the New Orleans and Southern Pacific
Railroad :

494 • RECONSTRUCTION CONVENTION JOURNAL.

A DECLARATION.

1. It is hereby declared by the delegates of the people of Texas
in Convention assembled^ That it shall be and is herebj made the
duty of the present Provisional Governor of this State to cause the
following named railroads to be sold for the payment of the
indebtedness of the companies owning them, respectively, to the
Special School Fund of the State, to-wit : the Texas and J>5ew
Orleans Railroad, and the Southern Pacific Railroad.

"2. It shall be the duty of the Governor, as soon after the passa,ge
of this act as may be consistent with his other official duties, to cause
said railroads to be advertised for sale, for sixty days, in the follow-
ing named newspapers, to-wit : the San Antonio Express, the Austin
Republican, Flake's Galveston Bulletin, the Galveston News, the
National Index, at .Tyler, Smith county, some newspaper in the city
of Marshall, Harrison county, and one leading paper in the city of
New York. The sale shall take place on the steps of the Capitol,
in the city of Austin, between the hours of ten o'clock, A. M., and
two o'clock, P. M., under the direction of the Governor. The said
roads shall be sold separately. The sale shall transfer to the pur-
chaser all the property in the road and of the company to which the
road belongs, upon which the bonds executed for the loan of the
Special School Fund are a lien, as set forth in the third section of
the act of the thirteenth of August, A. D. 1856, concerning the
loan of the School Fund.

3. For the purpose of the sale herein contemplated, it is hereby
declared that the Texas and New Orleans Railway Company was
indebted to the Special School Fund, on the same day, in the sum of
$595,166.25, principal and interest ; and that the Southern Pacific
Railway Company was indebted to the Special School Fund, on the
same day, in the sum of ,$202,625, principal and interest.

4. The sale of these roads shall be at public auction ; and if any
person shall bid for either of said roads the whole amount of the debt
due by the Company owning the road to the Special School Fund,
with interest to the day of sale ; one fourth to be paid down in coin,
and the balance in four annual installments with interest thereon, it
shall be the duty of the Governor to accept such bid, 'and to cause
the road in question to be knocked off to such purchaser, provided
he cannot obtain a better 1)id in cash ; but, if no person shall bid the
whole amount due by the companies owning said roads respectively,
it shall be the duty of the Governor to bid for each of said roads the
whole amount due by the Company to which the road belongs to the
School Fund, and thus purchase each of said roads for the State;
and upon the making of such bid by the Governor, and his public

RECONSTRUCTION CONVENTION JOURNAL. 495

declaration that he purchases said roads for the State, said roads
'shall become tlio property of the State : and the Governor shall, on
the same day, file in the office of the Secretary of State a written
declaration that he purchased said roads, or either or any of tliem,
as the case may be, for the State, which declaration shall be attested
by the Secretary of State and the seal of the State.

5. If any person other than the Governor shall become the pur-
chaser of said roads, or either or any of them, then it shall be the
duty of the Governor, after the payment of one-fourth the price and
first class bonds securing the payment of the remainder, principal
and interest, to give to such purchaser a certificate of sale, signed
by himself officially, and attested by the Secretary of State, using
the seal of the State, which said certificate, after being recorded in
the office of the Secretary of State, shall be delivered to the pur-
chaser, and shall vest in said purchaser full title to the road or roads
so purchased, with all the rights, franchises, property, etc., etc., set
forth in the third section cf the act of the thirteenth of August, 1856,
concerning the loan of the School Fund.

6. If the parties purchasing any of said road or roads at public
sale, shall fail to pay any of the subsequent installments with the
interest accruing thereon, for ninety days after such payment is due,
said parties shall forfeit all right and claim to said road or roads,
and the Governor shall have authority to take possession of said
road or roads and appoint a receiver or receivers to manage the same
for the State, until a re-sale can be effected or the Legislature may
Otherwise prescribe ; and said parties so forfeiting their rights in the
road shall have no recovery for the amounts previously invested.

7. It shall be the duty of the Governor to recite this declaration
in the advertisement of said roads for sale.

A DECLARATION.

1. // is hereby declared by the dehyafes of the people of Texas
in Co.'/ vet/lion assembled. That it shall be, and is hereby made the
duty of the present Provisional Governor of the State to cause the
Houston Tap and Brazoria Hail oad to be sold for the payment of
the indebtedness of the company ov.ning the same, to the Special
School Fund of the State.

2. As soon after the pas.sage of this ordinance as may be consis-
tent with his other official duties, the said Provisional Governor shall
cause the said railroad to be advertised for sale for sixty daj-s in the
following newspapers : the San Antonio Express, the Austin Repub-
lican. Flake's Galveston Bulletin, the Houston Telegi'aph ; and for
at least forty days in some leading paper in the city of New York.

496 RECONSTRUCTION CONVENTION JOURNAL.

The sale shall take place in front of the Capitol, in the city of
Austin, between the hours of ten o'clock, A. M., and two o'clock,
P. M. The sale shall be at public auction and under the direction of
the Provisional Governor. The sale shall be for cash, to be paid
down in gold or silver money of the United States, or in its equiva-
lent in United States currency, on the day of sale.

3. As there may be some question as to the rights of a purchaser
under the existing law of the State, it is hereby declared that any
purchaser of this road shall have the right either to ruii and manage
said road in conformity with the charter of the company now owning
the same, and subject to the laws of the State in the premises, or to
take up and remove the iron from said .road; but if the use of said
road shall ever be discontinued and the iron removed from the same,
then the franchises granted in the charter authorizing the construc-
tion of said road shall revert to the State of Texas.

4. If any person shall appear and bid for said road, and become
the purchaser thereof on the day fixed for the sale, it shall be the
duty of the Governor to give to such purchaser a certificate of the
sale and purchase, which shall be signed by the Governor officially,
and attested by the Secretary of State, and the seal of the State ;
which said certificate shall be recorded in the office of the Secretary
of State before being delivered to the purchaser ; and such certificate
shall vest full title to said road in the purchaser, with all the rights
and privileges accorded by the charter of said road, by the laws of
the State, and by this declaration.

5. No bid for a less sum than twenty- five thousand dollars in coin
for said road shall be considered by the Governor ; and if there Ije no
sale made of the road aforesaid, tlien it shall be the duty of the
Legislature, at its first session, to make such disposition of said road
as may be deemed necessary and proper.

Mr. Evans, of McLennan, moved the following substitute for the
whole :

DECLARATION

Providing for the sale of such railroads of this State as may be in-
debted to the School Fund.

Section 1. Be it declared by the '\)enple of Texas in Con-
vention assend)led. That the railroads witliin this State which are
indebted to the School Fund, to wit : the Bulfalo Bayou, Brazos
and Colorado Bailroad ; the Washington county Railroad ; the
Houston and Texas Central Raih'oad ; the Houston Tap and Bra-

RECONSTBUCTIUA 1.0NVENTI0N JOURNAL. 497

aoria Railroad ; the Soutliern Pacific Railroad ; and the Texas and
New Orleans Railroad ; shall be sold hy the Governor of the State.
either at public auction or private sale, as he rnaj order, to aity
eotapany or any individual that will, in the particular case, assume
the entire debt that may be due from the railioad sold, to the said
School Fund ; such sale to be under the folloAvin<>' terms and condi-
tions :

The company or individual purchasing any of the railroads sold
under this provision, to deposit in the Treasury of the State, at tlie
time of such sale, the one-fourth part of such indebtedness, which
said fouith part may be used, under the supervision of the Govern-
or, in putting the railroad sold in good running order, or in extend-
ing tlie same.

That the company or individual purchasing any of said railroars
under the provisions thereof, shall have a term of twenty years
within which to complete payment of the indebtedness to the School
Fund ; the payment to be made in equal semi-annual installm.ents,
with interest at six per. cent per annum, payable also semi-annually.
That, should any company or individual, who may purchase under
the provisions hereof, fail to make any of the semi-annual payments,
either of the amount of indebtedness to said School Fund, or of
interest due, then the whole amount of such indebtechiess and inter-
est shall become due, and the railroad in possession of such company
or individual shall be again sold by the Governor, under the terms
and conditions of this declaration.

Provided, That in m^aking the first sale of any of the said rail-
roads, as hereinbefore provided, the Governor shall give a preference
to the company or individual at present owning the same.

Provid-ed JhitJicr. That should the Governor not be able to k11
any of said railroads, under the terms and conditions of this declai-
ation, then he may sell the same at public auction unconditionally,
lor such sums as may be offered for the same.

Pro elded further^ That in the indebtedness of the said railroads
heieinbefore mentioned, it is intended to include the total amount of
principal and in.terest due from said railroads, without regard to any
pretended })aymcnts made during the late rebellion, when such pay-
ments were made in any other currency than gold and silver.

Mr. Boyd moved to adjourn until tomorrow morning at nine
o clock.

]Mr. Hamilton, of Travis, asked that the motion be withdrawn.

^Motion withdrawn.

Mr. Hamilton asked leave of absence be gi\en to ]\Ie?srs. Adams
and Gray, for an indefinite period.

Leave granted,
3:^

498 RECONSTRUCTION CONVENTION JOURNAL.

Upon the motion to adjourn the yeas and nays were demanded,
and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Bledsoe, Boyd,
Brown, Butler, Cole, Downing, Evans of McLennan, Fayle, Fos-
ter, Gaston, Glenn, Grigsby, Hamilton of Travis, Harris, Hunt,
Johnson of Harrison, Keuchler, Lindsay, Lippard, Long, Mackey,
Mc Washington, Mullins, Oaks, Patten, Pedigo, Phillips of San
Augustine, Hogers, Schuetze, Slaughter, Smitli of Marion, Stock-
bridge, Sumner, Talbot, Thomas, Watrous, Williams — 39.

Nays — Messrs. President, Bell, Bellinger, Board, Bryant of
Grayson, Bryant of Harris, Buffington, Burnett, Carter, Constant,
Curtis, Degener, Flanagan, W. Flanagan, Fleming, Goddin, Gray,
Harn, Home, Johnson of Calhoun, Jordan, Kealy, Kendal, Leib,
McCormick, Morse, Muckleroy, Mundine, Munroe, Newcomb,
Phillips of Wharton, Posey, Ruby, Scott, Smith of Galveston, Var-
nell, Whitmore, Vv^'ilson of Brazoria, Wilson of Milam, Wright, -
Yarborough — 4 1 .

So the Convention refused to adjourn.

[Mr. Evans, of McLennan, in the chair.]

On motion the Convention adjourned until to-morrow morning, at
nine o'clock.

CAPITOL, AUSTIN. TEXAS,
July 25, 1868.
Convention met pursuant to adjournment.

Boll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Lindsay moved that Mr. Mullins be indefinitely excused from
attendance upon the Convention.
Leave granted.

Mr. Constant presented a protest from L. E. Stephenson, and
ninety-nine others, aganist a new county being formed out of Fan-
nin and Lamar counties.

Mr. McCormick, from the Committee on Contingent Expenses^
made the following report :

Committee Room,

July 25, 1868.
Hon. E. J. DAVIS,

President of the Convention :
Sir : The Committee on Contingent Expenses, to which was re-
committed the resolution originally reported by said committee, in

RECONSTRUCTION CONVENTION JOURNAL. 499

reference to the substantial recording of the journals of the Conven-
tion, and the substitute oflercd ]>/ Mr. Burnett, of Houston, and
the motion to amend the substitute made by Mr. Thomas, of Collin,
have again had the subject matter under consideration, and are of
the opinion that the original resolution embraces all that is neces-
sary or expedient for the Convention to do on tlie subject : that the
price specified is adequate, but not excessive ; that the work is such
as falls naturally and almost necessarily within the duties of the
Chief Secretary of the Convention, who is responsilde, and must be
so held for its proper execution ; that it is not at all neces-^aiy, and
hai'dly desiral^lc, that it should be done currently with the sittings
of the Cons'ention : and, in the opinion of your committee, the Con-
vention cannot consistently make it the duty of the Secietary to
have this work done, and for a certain price, and then reipiire him
to transfer the work and pay to another man. The Convention has
not provided for such an office as Recording Secretary ; and, in the
judgment of this comm.ittee, there exists no reason for making such
an Oifice.

A. P. Mccormick,

Chairman.

Resolvedy That the Secretary of the Convention be, and he is
hereby authorized and required to have the journals of the Conven-
tion inscribed in a bound volume, such as is commonly used in
recording deeds ; and the said secretary shall receive the sum of
twenty cents for every hundred words of said journals so inscribed,
in addition to his per diem pay.

P>Ir. Burnett moved a suspension of rules, to take up report.

Lost.

Mr. Munroc, from the Committee on Division of the State, made
the following report :

Committee Room,

July 25, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Division of the State, to which was re-
ferred the resolution reported from the Committee on Fe.leral Rela-
tions, respecting the reliquishment by the State of political juris-

500 RECONSTRUCTION CONVENTION JOURNAL.

diction, and right of public domain over the county of El Paso, in-
struct me to report that this committee has now under consideration -
a declaration which contemplates a cession of the whole of the public
domain of the State of Texas, as well as the relinquishment to the
United States of the political jurisdiction of a portion of the State,
embracing the county of El Paso ; they, therefore, ask to be relieved
from the further consideration of the above re-olution.

A. T. MUNROE,

Chairman.

Mr. Whitmore, from the Committee on Lawlessness and Violence,
made the following report :

Committee Room,
Austin, Texas, July 21, 1868.
Hon. E. J. DAVIS, *

President of the Convention :

Sir : The special Committee on Lawlessness and Violence'
respectfully present the following supplementary report :

It is, perhaps, due to ourselves to state that, in collecting evidence,
no reference has been had to the political opinions of witnesses. The
committee issued a circular summons to all the members of the Conven-
tion, so that all, without distinction of party , were rci^uested to report
on the lawlessness in their several districts ; and it is for those who
failed to obey that summons, to explain why they failed. They
are certainly estopped from all right to denounce the labor of the
committee as partizan in its character. We take pleasure in saying,
however, that the Conservatives have testified before the Committee,
and some of the most flagrant outrages embodied in our report were
furnished by them.

In our report of the thirtieth ultimo, it was stated that Milton
Biggs, a loyal man, was murdered in Blanco county last year.
Subsequent investigation shows that Claiborne Biggs, the son, was
murdered as described ; that circumstances point to certain rebel
outlaws as the murderers, and that the father and other members of
the family understand that their lives are in danger, and have left
the county for safety.

It was also stated in said report that the district clerk of Hunt
county had been driven away on account of his loyalty. It is the
clerk of the county court who has been thus exiled. The present
clerk of the district court of that county is not a loyal man, and he
is not compelled to leave. We would also state that Mr. Wade was
murdered in Red River county instead of Lamar, as previously
reported.

RECONSTRUCTION CONVENTION JOURNAL. 501

It is impossible at this time to give tlie number of murders up to
the first of July. The reports of tiie Sub- Assistant Commissioners
of tlie Freedmon's Bureau, for June, have not come in yet ; and the
complete reports of oiltrages in that month will not be made till the
first of August. But from the few reports received, and from other
autlientic sources, we have collected ninety-six additional homicides.
So that the statistics of homicides committed in Texas during the
three years since tlie conclusion of the rebellion stand thus :

Whites Freedmen Total

Killed in 1805 47 51 98

Killed in 18GG 75 95 170

Killed in 18i')7 173 174 347

Killed in 18G8 182 137 319

Year unknown 32 29 61

Kace unknown — — 40

509 486 1035

We have thus a grand total of 1035 homicides in three years, or
345 per year ; and, estimating our population since June, 1865, at
800,000, we have one person killed out of every 2,026 of the whole
population per year. We doubt very much if such a record of
lilood can be exhibited in any Christian or civilized State in the
world iti a time of peace. It has been stated in the papers that the
homicides in New York during the year 1867 numbered fortj^-seven.
If this be correct, there was one person killed out of every 80,000 of
her whole population ; and then in that year there were forty times
as many homicides in Texas as in New York, according to the popu-
lation of each. The eighth census of the United States, for the
year 1860, reports for that year thirty-seven homicides and murders
in New Yoi'k, making one person killed out of every 104,000 of
her whole population ; so that Texas has averaged per year since the
war forty-Jice times more homicides than New Y^'ork did in 1860.
We note also that, for fourteen murders in New York, there were
three executions in 1860 : whilst, for the one thousand in Texas
since the Avar, there has lieen but one execution.

It should here be remembered, that in New Y'^ork and other States
in the North, every murder is accurately reported, while the
figures here presented come far short of representing the actual num-
ber of murders in Texas during the time specified. We have kept
scrupulously within the numbers presented to us, of which facfe any
candid man can satisfy himself by patiently examining all the data.
\\id assert, too, that tlie reports usually relied on do not present all

502 RECONSTRUCTION CONVENTION JOURNAL.

the homicides committed in the sections described bj them. For
example, from the ordinary sources of information we had reported
only three liomicides in Washington county since the first of De-
cember, 1867; but when a full report is obtained from that county,
it gives sixteen in that time. Through the usual channels only two
murders were reported in Tarrant county ; whereas a more complete
account gives fifteen. And so it is with other counties. Now
when it is remembered that we have full reports from only
about thirty of the one hundred and twenty-seven organized counties
of the State, it becomes very evident that we have only a. portion of
the murders committed. It is proper to state further, that the re-
ports which we call full do not profess to give complete ac-
counts of the murders in the counties represented by them. Many
of them positively state that they do not report all ; and witnesses
tell us of men disappearing mysteriously, and of dead bodies ]}eing
discovered, hid away in ravines or floating down streams— of which
cases no history is given.

We have never said that all of these murders were committed by
rebels for political ends. In our previous report we distinctly
stated that many of them were committed for purposes of plunder
and robbery, and that many of them resulted from private quarrels.
But what Ave insist on is, that many of the persons murdered were
loyal, and that they were murdered for their loyalty. To substan-
tiate' this statement, we now present some cases of recent occurrence,
not embraced in our former report :

In the counties of Collins and Hunt, five men, well known as
sterling loyalists, were' brutally murdered within the last two weeks
by some rebel desperadoes. The Hon. A. 0. Cooley, a worthy citi-
zen of Gillespie county and a prominent Republican, was shot and
wounded on the 10th inst., at home, by an assassin from a distant
county. We also learn that W. H. Upton, a Union man, was hung
by a mob on the 3d instant in Brazos county. Here there are six
well known Unionists murdered, and the life of another attempted
— all in the present month. Some time ago, this year, the Rev.
Joshua Johnson, an excellent citizen of Titus county, and against
whom nothing can be said by anybody, unless it be that he has al-
ways been true to his country, was driven from his home and the
State by rebel intolerance. It is now a matter of general notoriety
that loyal men in various parts of the State are receiving notices to
leave, threatening them with death and the burning of their homes
if they do not fly. It is equally notorious that great alarm prevails
among the Union men in many localities, and many of them are
abandoning their homes for their lives. We also state it as a fact,
that honorable members of this body are in receipt of letters from

RECONSTRUCTION CONVENTION JOURNAL. 503

tliose who love them, from wives and children, informing tliem of
threats to take tlieir lives, and im})loring tliera not to return home.
And we say furtlier, that the families of at least two of t)ie dele-
gates on this floor iiave been forced away from tlieir homes by rebel
proscription since the meeting of this Convention.

Now, these are all undeniable facts, and they certainly justify
tlie affii-mation that many of the persons killed in Texas are killed
for their loyalty. It is an easy matter when a Union man is mur-
dered to start the cry of "thief' or " Indians,"' and to get credulous
people to believe it ; i)ut this hjqiocrisy only serves to e.xpose the
guilty to the m.iuds of reflecting men, and cannot ciiange the fact
that loyal men are murdered by reliels.

And we are constrained to add. that it is by no means significant
of good, that Avhilst Union men are falling at the hands of paroled
prisoners of war, there are those who not only deny the fact, but ac-
cuse those as slanderers Avho attempt to reveal and arrest this alarm-
ing niai-ch of crime. Certainly the first step towards providing a.
remedy is to ascertain the extent and the nature of the evil; and we
cannot understand how any friend of mankind, or of Texas, can op-
pose an examination into the abounding violence in the State, or at-
teUipt to conceal the same from public view. It is doubtless true that a
ventilation of the social disorder in Texas will deter many good peo-
ple in other States and countries from coming here. But this is al-
ready the case. Capital and immigration turn away from our State
as a land of violence : Avhilst good and loyal citizens are forsaking
us in large numbers. We have evidence that between eight and
nine hundred loyal families, within a territory of twenty-five or
tiiirry counties, are now leaving the State on account of the perse-
cutions they have suifered from lawless men. Texas is to-day un-
dei'going a process of depopulation, at least as to her truest and best
citizens. And while this is going on, the lawless and the outlawed
in other States are flocking within our limits. Some of the leaders
in the unlawful organizations alluded to in our previous report are
•fugitives from other States. These desperadoes seem to understand
that Texus presents a promisivig field for their opeiations, an-l that
they will here meet with sympathy and with apologists in high
places ; and in proof of this statement we appeal to the following
tacts : 1. This alarming amount of crime is persistently denied in
cert lin quarters ; 2. It is unequivocally avowed in the same circles
that this shedding of blood must continue till the Republican party
surrenders the reins of government and tlie advocacy of colored suf-
frage is abandoned. In other words, the disaffected in our State de-
sign to create and keep up a reign of terror till the loyal element in
Texas is suppressed. The recent debates on the floor of this Cou-

504 recoinstruction convention journal.

vention furnish sufficient evidence on this point ; and 3. Some of the
Conservative papers of Texas openly counsel assassination. Not to
mention indirect invitations to murder found in many of them,
we refer now to the incendiary article in the Daily Tele-
graph of the 14th inst., wherein reference is made to lynch law and
to the Hon. M. C. Hamilton and the Hon. C. Caldwell, and which
concludes thus : " We say it solemnly, such men ought to die.'"

'■,Ve have said nothing as yet, in this report, of the murdering of
f. jedmen. We cannot present any adequate account of the atroci-
ties perpetrated against them from day to day. We can only say
that the bloody work goes on. A short time ago in Waco a white
man, a stranger there, accosted a freedman, and asked him if he did
not fear the Ku-Klux ; and on being answered "no," said, "take
that," and at the same time ripped open the bowels of the freedman
with a knife. The unofiending victim lingered seventeen days and
died. The assassin was bailed by his comrades and then left. Two
.worthy, industrious freedmen were brutally murdered in Falls
county, on the 10th of this month, by seven white men, who stated
at the same time that they intended to kill in like manner every ne-
gro Vfho belonged to the Loyal League. Numerous instances of
similar outrages are reported in various parts of the State by almost
every mail. On the 4th of July the freed people of JTeiferson at-
tempted to celebrate the day, but were fired upon and dispersed by a
mob of armed white men. And as an evidence of organization
among the disloyal whites of that section, we mention that in half
an hour after the first shot was fired about a thou&md white men
were under arms. The riot at Millican on the 15th and 16th inst.
is yet unexplained, but all the accounts agree in stating that twenty-
five or fifty freedmen were killed, while not a single white man was
slain.

It is very probable that the negroes are sometimes culpable in
these altercations, but we are persuaded that even then, generally,
they are circumvented by their move crafty foes, who manage to
place them ui the wrong and goad them on to violence. This was-
the case in the Houston riot of last month. Li that case, a freed-
man, a pet with the Conservatives, had shot another freedman. The
disloyal police of the city pretended to arrest the criminal, and
inuuediately the same niglit, let him go without any trial whatever.
The freedmen, seeing this, resolveci to arrest him themselves, and
their effort to do so was interpreted at once by the whites as an
insurrection.

We conclude by expressing it as our deliberate conviction, that
unless relief, prompt and decided, is provided, not only will any
constitution presented by this Convention be defeated, not only will

RECONSTRUCTION CONVENTION JOURNAL. 505

elections be broken up or controlled by violence, but the loyal, livw-
abiding people of Texas will be hunted to death or driven into
exile. We liave it on Conservative testimony that in many localities
an election could not now be held without militaiy protection, that
the lives of good loyal citizens are in danger, ;ind tbat a loyalist
could not travel through the IState organizing loyal leagues without
molestation.

Ail of which is respectfully submitted.

G. WHITMORE, Chairman,

A. BLEDSOE,

J. G. BELL.

r. VI. SUMNER,

J. H. LIPPARD.

Mr. Cole, from the Committee on Lawlessness and Violence,
made the following minority report :

Hon. E. J. DAVIS,

Piesident of the Convention :
Sir : The undersigned, one of tiie Committee on Lawlessness and
Violence, not doubting the figures as set forth in said committee's
report of July 21, 18(38, but admitting!: the same to be correct,
would respectfully dissent from the conclusions as set forth by said
committee, believing the majority of homicides and violence has not
been committed on account of political differences, and asks that the
dissenting report be spread on the journal of the Convention.

Respectfully submitted,
COLE, of Hopkins.

]\Ir. Hamilton, of Travis, offered the following resolution :

Resolred, That this Convention respectfully request Brevet Major
General J. J. Reynolds, commanding District of Texas, to select
one or more commissioned officers under his command, as he may
deem proper, to participate with the committee appointed by this
Convention, in the investigation of the late disturl)ances at Millican.

Mr. Hamilton asked a suspension of the rules to allow considera-
tion of the resolution.

Rules suspended.

Resolution read a second time and ordered to be engrossed.

Mr. Hamilton moved a further suspension of the rules to put
the resolution on its passage.

Rules suspended.

Resolution read third time and passed.

Mr. Bulfin!2;ton offered the following resolution :

506 EECONSTRUCTION CONVENTION JOURNAL.

Resolved, That the investigation of the financial condition of the
penitentiary be referred to the first Legislature after the adoption of
the Constitution.

Resolved, 2. That the committee raised bj this body for that
purpose, be, and are hereby discharged from the further consideration
of that subject.

Resolved, 3. That the chairman of that committee be required to
return the books which he brought away from the penitentiary to
the same.

Laid over one day under rules.

Mr. Wright oifered the following resolution :

Resolved, That a committee of three be appointed by the Presi-
dent of this Convention, vv^hose duty it shall be to examine into the
business of the Land Office, and ascertain whether there are not a
greater number of clerks and draftsmen employed in that office than
are necessary ; and if so, how many can be dispensed with.

Mr. Burnett moved the rejection of the resolution.

Convention refused to reject.

Mr. Whitmore offered the following resolution :

Whereas, It is the desire of the loyal people of Texas that the
people of the United States be correctly informed of the social and
political condition of the people of this State ; therefore

Be it resolved by the delegates of the people of Texas in
Convention assembled : That the Congress of the United States is
hereby respectfully and most earnestly requested to send a committee
of that honorable body into the State of Texas, to inquire into the
condition of the State, to the end that the facts may be made known
to the public in an authoritative manner, that the veracity of the
loyal men and press of the State may be vindicated, that violence
may be repressed and order restored throughout the State.

Mr. Whitmore moved a suspension of rules for the consideration
of the resolution.

Rules suspended.

Resolution read second time and ordered to be engrossed.

Mr. Slaughter moved a further suspension of the rules to put
resolution upon its passage.

Mr. Hamilton offered tlie following amendment :

Amend by striking out all after the word "manner."

Amendment agreed to.

The question recurring upon the adoption of the resolution as
amended, the yeas and nays were denrmded and resulted thus : •

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Board. Brown, Bryant of Grayson, Bryant of Harris, Buffington,
Butler, Burnett, Carter, Coleman, Constant, Degener, Downing,

RECOXSTRUCTIOX CONVENTION JOURNAL. 507

Evans of ]\rcLcnnan, Fajle, Fleming. Foster, Goddin, Grigsby
Hamilton of Travis, Harn, Horno, Hunt, Johnson of Harrison'
Johnson of Calhoun, Jordan, Kealy, Kendal, Kucchler, Leib?
Lindsay, Lippard, Long, Mackey, McCormick, Mundine, ]\Iuin-oej
Newcomb. Oaks, Patten, Pedigo, Phillips of San Augustinoj
Phillips of Wharton, Rogers, Ruby, Sehuetze, Scott, Slaughter,
Smith of Galveston, Smith of lu.irion, Stockl)ridge, Sumner,
Talbot, Thomas, Varnell, Watrous, Whitmore, Williams, Wilson of
Brazoria, Wilson of lililam, Wriglit, Yarborough — 65.

Nays — Messrs. Armstrong of Jasper, Bellinger, Boyd. Cole,
Evans of Titus, Flanagan, W. Flanagan, Gaston, Glenn, Harris,
Keigwin, Muckleroy — 12.

So the resolution was adopted.

The President announced the luisiness in order was upon the fol-
lowing substitute offoed by jMr. Evans, of McLennan, to the report
of the Committee on Liternal Liiprovements :

DECLARATION

Providing for the sale of such railroads of this State as may be
indebted to tiie School Fund :

Section 1. Be it declared by the people of Texas i)i. Con-
vention assembled^ That the railroads within this State Avhieh are
indebted to the School Fund, to-wit : the Buifalo Bayou, Brazos
and Colorado railroad, the Washington County railroad, the Houston
and Texas Central railroad, the Houston Tap and Brazoria railroad,
the Southern Pacific raili'oad, and the Texas and New Orleans rail-
road, shall be sold by the Governor of the State, either at public
auction or private sale, as he may order, to any company or individ-
ual that will, in the particular case, assume the entii-e debt that may
be diie fiom the said railroad sold, to the said School Fund : such
sale shall he under the following terms and conditions :

The company or indi\'idual purchasing any of the railroads sold
under this provision, to deposit in the Treasury of the State, at tiie time
of such sale, the one-fourth part of such indebtedness, which said
fourth part may be used, under the supervision of the Governor, in
putting the railroad sold, in good running order, or in extending the
same.

That the company or individual purchasing any of said railroads,
under the provisions thereof, shall have a term of twenty years,
within which to complete payment of the indebtedness to the School
Fund: the payment to be made in equal semi-annual installments, with
interest at six per cent, per annum, payable also semi-annually. That

508 RECONSTRUCTION CONVENTION JOURNAL.

should any company or individual, who may purchase under the
provisions hereof, fail to make any of the semi-annual payments,
either of the amount of indebtedness to said School Fund, or of
interest due, then the whole amount of such indebtedness and interest
shall become due, and the railroad in possession of such company or
individual, shall be again sold by the Governor, under the terms and
conditions of this declaration.

Provided, That in making the first sale of any of the said rail-
roads, as hereinbefore provided, the Governor shall give a prefjrenje
to the company or individual at present owning the same.

Provided further, That- should the Governor not be able to sell
any of said railroads, under the terms and conditions of this declara-
tion, then he may sell the same at public auction unconditionally,
for such sums as may be offered for the same.

Provided further, That the indebtedness of said railroads, here-
inbefore mentioned, is intended to include the total amount of prin-
cipal and interest due from said railroads, without regard to any pre-
tended payments made during the late rebellion, when such pay-
ments were made in any other currency than gold and silver.

The question recurring upon the adoption of the substitute, the
yeas any nays v>^ere demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bledsoe, Bryant
of Harris, Butler, Burnett, Constant, Downing. Degener, Evans
of McLennan, Fayle, Fleming, Foster, Goddin, Hunt, Jordan,
Kendal, Kuechler, Leib, Lindsay, Lippard, Long, Munroe, New-
comb, Oaks, Patten, Phillips of San Augustine, Ruby, Scott,
Slaughter, Smith, of Marion, Talbot, Thomas, Watrous, Whituiore,
Williams Yarborough. — 37.

Nays — Messrs. Adams, Armstrong, of Jasper, Bell, Bellinger,
Board, Boyd, Bryant, of Grayson, BuiSngton, Carter, Cole, Cole-
man, Evans of Titus. Flanagan, W. Flanagan, Gaston, Glenn,
Gray. Grigsby, Hamilton, of Travis, Harris, Harn, Home, John-
son, of Calhoun, Kealy, Keigwin, Mackey, McCorraick, McWasli-
ington, Morse, Muckleroy. Mullins, Mundine, Pedigo, Phillips, of
Wharton, Bogers, Schuetze, Smith, of Galveston, Stockbridge,
Varnell, Wilson, of Brazoria, Wilson, of Milam, Wright,— 42.

So the Convention refused to adopt the substitute.

Mr. Lindsay oSfercd the following substitute:

Be it decla)^d. by the people of Texas in Convention assem-
bled: That the Provisional Governor is hereby requested to exam-
ine into the condition and affairs of the several railroad companies
in the State, which are indebted to the School Fund ; and if, after
such enquiry and examination into their condition and circumstan-
ces, he shall be of opinion that that portion of the school fund

RECONSTRUCTION CONVENTION JOURNAL. 509

loaned to said railroad companies, topjotlier with the interest accrued,
and now due thereon, is insecure, and likely to be lost by any delay
in acti^on, he is hereby requested to ado})t such measures under the
provisions of the law now in force, as in his judgment will })revcnt
its total or partial loss.

On motion the Convention adjourned until Monday morning at 9
o'clock.

CAPITOL, AUSTIN, TEXAS,
July 27, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and- adopted.

The President instructed the Secretary to read the following com-
munications from General Buchanan :

Headquarters Fifth ISIilitary District,

Office of Secretary for Civil xVffairs,

New Orleans, La., July 21, 18t)8.

Hon. E. J. DAVIS,

President Texas Constitutional Convention :

Sir": I am instructed by the Conmianding General to acknowledge
the receipt of your communication of the tenth instant, with enclos-
ure, and, in reply thereto, to inform you that the resolution of the
Convention adopted on the twenty-third day of June, 1868. appro-
priating •• fifteen thousand (.$15,000) dollars, or so much thereof as
may be sufficient, to pay the unsettled balance due the civil officers
of the State of Texas appointed by Governor A. J. Hamilton,"" hav-
ing been considered by the Commanding General, is, for the follow-
ing reasons, respectfully returned to the Convention without the
approval asked for.

First. He is unable to find, in the reconstruction act of Congress,
under which the Convention assomhlcd. anything which authorizes
it to appropriate the moneys of the State for the purpose specified in
said ••declaration."'

510 KECONSTRUCTIOlir CONVENTION JOURNAL.

Second. This is properly a subject for legislation, and should be
left to the consideration of State Legislature.
I am, sir,

Yerj respectfully,

Your obedient servant,

B. B. KEELER,
Brevet Major- U. S. A.,
Secretary Civil Affairs.

Headquarters Fifth Military District,
New Orleans, La., July 21, 1868.

Hon. E. J. DAVIS,

President Texas Constitutional Convention,

Austin, Texas :

Sir: The following " declaration " of the Texas Constitutional
Convention of the second of July, 1863, to-wit :

That the sum of twenty-five thousand dollars, or so much thereof
as may be necessary, be, and the same is hereby appropriated out of
any money in the State Treasury not otherwise appropriated, and
that the same be placed at the disposal of the Governor of Texas, to
enable him to offer suitable rewards for the ai-rest and apprehension
of such desperadoes, and to employ detectives to ferret out their
hiding places, and that this resolution be forwarded to the Com-
manding General of the Fifth Military District, for approval ; 'pro-
vided^ that no part of the same shall be used unless the Military
Commander of the District of Texas shall first be authorized to
organize military commissions for the trial of offenders," having
been submitted to the Commanding General of the Fifth Military
District for his approval, is, for the following reasons, respectfully
returned to said Convention without the approval asked for.

First. He is unable to find in the reconstruction act of Congress,
under which the Convention assembled, anything which authorizes it
to appropriate the moneys of the State for tlie purpose specified in
said " declaration."

Second. This is properly a subject for legislation, and should be
left to the consideration of the State Legislature.

Third. The declaration appropriates twenty-five thousand dollars
($25,000) to be used as above stated, with a proviso with reference
to military commissions, which its author doubtless intended as a
gratuitous indignity to the Commanding General of the Military
District, by coupling it with conditions intended to reflect discredit-
ably upon his administration of its civil affairs.

RECONSTRUCTION CONVENTION JOURNAL. 611

With tlie display of such a spirit on the part of tlie Convention,
the approval, by the Commanding General, of an act wliich ec[ually
violates tlie reconstruction act under which it was convened and the
object for which it was assembled, can hardly be expected.
I am, sir,

V^ery respectfully,

Your obedient servant,

B. B. KEELER,
Brevet Major U. S. A.,
Secretary Civil Afiairs.

Mr. Lindsay offered the following resolution, and moved that the
rules be suspended to take up resolution.

Re^olrcd by the Convention, That the use of this hall be tendered
to Judge G. W. Paschal, at 7:30 P. M., on the evening of Tuesday,
the twenty-eighth instant, for the purpose of delivering an address
which he proposes to make, on the adoption of the Fourteenth article
of the Constitution of the United States.

Rules suspended, and resolution adopted.

YxY. Kuechler introduced a petition from citizens of Gillespie
county, praying that the town of Fredericksburg be incorporated as
a city.

Referred to Committee on Counties and County Boundaries.

Mr. Hunt, from the Committee on State Affairs, made the follow-
ing report :

Committee Room,
Austin, Texas, July 27, 1868.

Hon. E. J. DAVIS,

President of the Convention:

Sir : Your Committee on State Affairs have had under consider-
ation the declaration presented by Hon. jNlr. Ruby, embracing a plan
for the police regulations of the city of Galveston. A majority of
the conmiittee instruct me to report the same back to the Conven-
tion with the request that it be not adopted.

H, C, HUNT,

Cliairman pro tcm.

Mr. Pedigo, from the Committee on Political Disabilities, made
tlie following report :

512 EBCONSTRUCTION' CONVENTION- JOURNAL.

Committee Room,
Austin, Texas, July 24, 18G8.

Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Special Committee on Political Disabilities, to whom
was recommitted a resolution and, also, a memorial (the latter in-
tended to be addressed hy this Convention to the Congress of the
United States), have had the same under consideration, and a major-
ity of the committee have instructed me to report back to the Con-
vention said resolution without alteration, and to report back said
memorial with the recommendation that in lieu ancl stead of the
names therein inserted, there be inserted all the names which appear
on documents marked "A" and "B." which are hereby transmitted
as part of this report, and to recommend to the Convention that the
resolution and memorial so amended be adopted.

All names, it will be observed, which appear on the printed list of
those to be recommended by the committee for Congressional relief
appear in documents A and B ; in addition to which a few others
proper to be relieved, not, it is believed, exceeding ten or twelve in
number, have been placed on this list since the printed list was fur-
nished.

It will be observed, by examination of documents A and B, that
the committee have acted in accordance with the requirements of a
resolution of the Convention, in presenting the name of the member
of the Convention who recommends or vouches for any person to be
relieved, along with the name of the latter. One or two deviations
from this rule only occur, which are explained by the fact that tins
precaution not having been observed in making out the original list,
it was found impossible to ascertain, in one or two cases, winch one
of several absent members of the Convention had recommended to
the coinmittee the name sought to be presented for relief Your
committee would farther suggest, that they are satisfied that Con-
gressional relief might well be extended, and that the interests of the
State require that it should be extended to all persons whose names
appear upon the list presented.

All of vfhich is respectfully submitted.

H. C. PEDIGO,

Chairman.

RECONSTRUCTION CONVENTION JOUrvNAL. 513

LIST OF NAMES

Becommendcd to the Convention by the Comsnittcc on Political Dis-
ahilities, for petition to Congress for 1 e removal of such disa-
bilities, together with the names of thosj representing the ap-
plicants.

Docmnent A.

■COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Bexar Thomas H. Stribling J. P. Newcomb.

do F. Simons do

do E. Mandragon do

do J. 'hi. Chaves do

do Malcomb G. Anderson ' do

do Louis York do

do Joseph Schmidt do

do F. G. Anderson do

do A. Ditmar do

do John A. Cocke do

do Antonio Seguin do

do A. Moje do

do Charles Listich do

do Julius Hojer do

do P. J. Biesenbach do

do Louis Huth do

do Christopher Rhodius , . do

do A. Siemering .do

do A. Sartor - . do

do George Noel do

Blanco Wm. E. Jones do

do J. W. Herrman do

Medina George H. Wadman do

do John R. Shook do

do H. J. Richarry do

do Joseph Kempf do

do Valentine Vollmer do

do Blassius Keiffer do

do Joseph WipfF do

do Michael WipiT do

do Leopold Sehuctze do

Gillespie II. Bierschwall do

514 RECONSTRUCTION CONVENTION JOURNAL.

Document A — Continued,

COUNTIES. PERSONS RECOMMENDED. BY WHOM..

Gillespie A. 0. Coolej J. P. Newcombv

do J. W. Wilson do

do Christian Koltlie do

do John Sansom do

do Jacob Keucliler do

do Julius Schuchard do

do Henry Octiz do

do C. Wehmeyer do

do Albert Molsberger do

do Carl W eiiich do

do Wni. Luckenbach do

do Anton Maier do

do John J. Klingelhofer do

do Jacob Luckenback do

Kendall Wm. Kuhfuss da

do H. W. Popperwein do

do G. Topperwein do

do Charles Cole do

do August Staffel do

do Otto Brinkmann do

do Joseph Kewbrough do

do S. C. Nowlin do

do E. 0. Kriegner do

do. Adolf Rosi-nthal do

do August Faltin -. do

do W. Henermann do

Comal Emil Yon Stein do

do George Weber do

do G. Ph. Harlos do

do Hubert Lux do

do Julius Reich do

do Charles Floege do

do David Elze do

do John J. Meyer do

do Nichlaus Holz do

do Gaston Bodemann do

do H. Gunther do

do Casimire Prutortaud do

do John W. Crawford do

BECONSTRUCTION CONVENTION JOURNAL. 515

Document A — Concluded,

COUNTIES. PERSONS RECOMMENDED. BY WnOM.

Couial Fr. Sclmlz J. P. Newcomb.

do Julius Rennert do

do Carl Kease do

do Silvester Simon do

do Peter Haag do

c;0 Fritz Heidemejer do

do Albreclit Kuhne do

do Theodoi'c Disselhorst do

do August Scliulz do

do Bernard Kunn do

do Carl Scluicfer do

do John Schneider do

do Heinrich '\^/"eil do

do Charles Esser do

do Carl Wallheefer do

do Ernst Grune do

do H. Kretzsnejer do

do August Reeb do

do Julius Voelker do

do Dr. Wm. Remer do

Travis Geo. Jastus Theilepapee do

LIST OF NAMES

Recommended to the Convention bj the Committee on Political Dis-
abiiities, for petition to Congress for the removal of such disa-
bilities, together witli the names of those representing the
applicants.

Document B.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Austin J. G. Bell Bell

do B. L. Cheek do

do F. Palm do

do A. Regan Bracht do

do F. A. Englekee do

do H. Miller do

516

RECONSTRUCTIOX COl^YENTIOX JOURNAL.
Document B — Continued.

C0UN-TIE3.

Austin. . .

PERSONS RBCOMME IDSD,

. .Marks Miasneer

•\vnoM.
....Bell

Blanco .
Bell...

, J. W. Herman Newcom^

Bexar

X. B. Saunders Judge Evans

, Isaac Newton Gen Hamilton

do G. Schleicher do

do L. Friesleben do

do Thomas H. Stribling Newcomb and Degener

do F. Simon do

do E. Mondragon do

do J. M. Chaves do

do Malcom G. Ander-^on do

do Louis Zork do

do Joseph Schmidt do

do T. G. Anderson do

do A. Dittmar do

do John A. Cocke do

do Antonio Sc2;iiin do

do A. Moye do

do Chas. Listich do

do A. Siemering do

do A. Sartor ♦. . do

do Geo. Noel do

do Julius Hoyer do

do P. J. Biesenbach do

do Louis Huth do

do Christopher Rliodius do

Bosque S. S. Nichols A. Downing

do L. H. Crutchfield do

do Ole Canutson do

do F. C. Clajbough do

Brazoria A. P. McCormick .Pedigo and Philiips

do Erwin Wilson .'. . E. M. Pease

Erazos H. J. Jones Builington and Brown

Be3 Noah C. Webster Gen Davis

RECONSTPvUCTION CONVENTION JOURNAL.

Doaiimut li — Continued.

517

COrXTIES. PERSONS RECOMMENDED. BY WHOM.

Burleson Land j Sliuniake Mundine

do John H. McClcinahan Mundine

Cakhvell John B. IMcMalian Mackey

do H. M. Doughoi tj do

do James Yl. (jJleiiu do

Calhoun J. R. McCr^arj Varnell and Johnson

Cameron B. B. Kingsbury Gen. Davis

do F. Cunnning,'^ .'.do

Cass Wm. Henderson, Jr Caldwell and Gray

Cherokee M. Priest Whitmore

do C. P. Nail do

do V. H. Moody do

do Isaac Hill do

do Daniel Henderson do

do H. B. Stephens do

A. L. Darnell Thomas

do W. H. AndroAvs do

■ do J. B. Rogers do

do Jacob Routli do

Colorado George ]Nic(. oruiick Foster

do Don F. Payne do

do J. B. Leyendecker do

do Alexiinder Lookup do

do E. Walker do

do John Collier do

do Ridder Walker Gov. Pease

Comal Emil Von Stein Newcomb

do Geori:e Wel^or do

do G. Ph. Harlos do

do Hubert Lux do

do Julius Reich do

do Charles Flocge do

do David Elze do

Colin.

518 RECONSTRUCTION CONVENTION JOURNAL.

Document B — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Comal Jolm J. Mejer Newcomb

do Nicholaus Holz do

do Gustav Bodeman do

do H. Guenther do

do Casimire Prutorfand do

do John W. Crawford do

do Fr. Schulz do

do Julius Rennert ...» do

do Carl Neuse do

do Silvester Simon do

do Peter Haag flo

do Fritz Heideme jer do

do Albrecht Kuhne do

do Theodor Disselliorst do

do August Schulz do

do Bernard Kuenn do

do Carl Schsefer tio

do John Schneider do

do Heinrich Weil do

do Charles Esser do

do Carl Wallhoefer do

do Ernst Gruene do

do H. Kretzmeyer do

do August Reeb do

do Julius Voelker do

do Dr. Wm. Remer do

Coryell J. H. Christmans Evans

Chambers Solomon Wallace Pedigo

Dallas J. K. P. Record. . Bledsoa

do G. W. Guess do

do Archibald Cochran do

do John Chapman do

do Ancel Dowdj do

do Steplien C. Atterburj do

do W. A. Bledsoe do

do Gabriel Samuel do

do Clement Gore do

do Frank Porter do

RECONSTRUCTION CONVENTION JOURNAL. 519

Document B — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Denton Joseph Minor Thomas and Kealy

do Tliomas M. Smith do

DeWitt. ..^.. Thomas C. Smith Varnell

do Hugh B. Boston Bellinger

Falls S. W. Ford Oaks and Evans

do A. G. Perry Buffington

Fannin Rol)ert H. Taylor Armstrong

do Benjamin Saunders do

do R. S. Hunt do

do S. J. Galhraith do

do D. M. jNIerriser do

do T. W. Baird do

do A. G. Stohaugh do

Fayette Robert Zapp Lindsay

do Hamilton Ledbetter do

do A. G. Ledbetter do

Galveston A. P. Wiley Pedigo and Fayle

do Jas. M. Petterson do

do John N. Reid Dr. R. K. Smith

Gillespie H. Bierschwall Newcomb

do 0. A. 0. Cooley do

do J. W. Wilson do

do Christian Kolthe do

do John Sansom do

do Jacob Kuechler do

do Julius Schuchard do

do Henry Ochs do

do C. Wehmeyer do

do Albert jNTolsberger do

do Carl Weirich . ." do

do Wm. Luckenbach do

do Anton Meier do

do John J. Klingelhofer do

do Jacob Luchenbach do

do Leopold Schultz do

Gonzales Robert L. Miller Bellinger

520 RECONSTRUCTION CONVENTION JOURNAL.

Document B — Continued.

COUNTIES. PERSONS RECOMMENDED, BY WHOM,.

Gonzales ....... Wm. J. Sterling .... Rellinger

do C. P. Hopkins . do

do Green Lackej do

Grayson A. ]\I. Bryant Bryant

do B. W. Bradley do

do J. Bostick do

do George W. Hobson . do

do J. B. Morgan do

Grirnes George M. Patrick Buffington.

do G. W. Mooring do

do Franklin Brigance do

do John H. Wilson do

do Orville B. Caldwell do

do C. C. Binkley do

do W. E. Durst Harn

Guadalupe Leonard Illsley .Bellinger and Mackey

do Wm. Stein do

do Henry Maney do

do John F. Gorclon Vaughan

do A. J. Fry do

Hardin William Hooks Pediga

do Hampton Herrington do

do Stacey Collins do

do William Word do

Harris A. J. Burke, Jr .Fayle and Caldwell

do J. C. Winch do

do A. M. Klcil)er do

do Wm. A. Daly do

do James Burke do

Harrison James T. Taylor Board

do Joseph Mason do

do Edward P. Grecig do

do A. D. Lister do

do E. J. Rogers - .... do

do. Wm. M. Johnson do

RECONSTRUCTION CONVENTION JOURNAL. 521

Docvmeiit B — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Harrison Dv. ^Ym. C. Swnnson Board

do Joseph M. Taylor do

do Silas G. Alexander do

do Wra. Woodson do

do ' Cliarle?; A. Frazer do

do C. C. Coppedge do

Hays Abram B. Pcdigo H. C. Pedigo

Henderson P. P. Tannaliill Adams, Brown, "Wlntmore

do ^Y. R. Foulk do

do Jairies Lapead do

do P. T. Adams do

do Jefif. E. Thompson do

do Albert T. Rice do

Hill Harvey Young Lippard

do C. N. Brooks do

Houston John Blair Munroe

do Riley J. Blair do

do Jacob xVlbriglit • • - • do

do Mark Miller do

Jackson A. P. Dodd Yarnell

Jaspar R. C. Doom Armstrong

do Andrew J. Smytlie Pedigo

JeSerson "Wm. Lewis Armstrong

do John J. Hcrrin;: do

do Georeje W. 0"Bryan do

do Henry C. L. Keith do

do Robert H. Leonard do

do Isaiah Junker do

Karnes James W. Campbell Gen. Davis

Kaufman T. J. Stanley Brown

do C. C. Nash do

do J. W. Johnson do

522 EECONSTRUCTIOX CONVENTION JOURNAL.

Document B — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Kaufman Richard Johnson Brown

do Green J. Clark do

Kendall William E. Jones Gen. Hamilton.

do John VV. Sansom do

do Wm. Kulifuss Newcomb

do H. ¥/". Popperwein do

do G. Topperwein do

do Charles Cole do

do August Stoffel do

do Otto Brinkman do

do Joseph Kewbrough do

do S. C. Nowlin do

do E. 0. Kriecjner do

do Adolf Rosenthal do

do August Faltin do

do W. Heuermann do

Lamar William H. Johnson Armstrong

Lampasas William B. Pace Judge Evans

Lavaca James Walker Posey

do C. Ballard do

do Alanson York do

Leon Alfred S. Gardener Keigwin

do William Miller do

do William D. Wood do

do D. McD. Burkley do

do D. C. Cavrinii;ton do

do A. J. Wood do

do Tliomas Mc Waters do

do R. B. King do

do Wm. Johnson do

do Samuel Hannah do

Liberty Jesse D. Lum Pedigo

do James G. Miuter do

do James Wrigley do

RECONSTRUCTION CONVENTION JOURNAL. 523

Document B. — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Limestone W. 0. Revcs Lippard

Live Oak INIatthew Rivelin Gen. Davis

do Josiah llinton do

McLennan C. B. Way Judge Evans

do James F. Davis do

do Samuel R. Evans do

do T. Douglas Rock Pedigo

Madison F. W. Harms Buffiiigton

Matagorda D. E. E. Braman Phillips

do Wm. H. Burkhart do

Marion Sam. F. Mosclj Judge Caldwell

Medina George H. Noonan Newcomb

do John R. Shook do

do H. J. Richards do

do Joseph Kempf do

do Valentine Vollmer do

do Blassius KeifFer do

do Joseph Wipfi" do

do Michael Wipff do

Milam John A. Buckholtz Mundine

Montgomery. . . .John E. George McWashington

Nacogdoches. . . .Jesse Muckleroy Flanagan and Muckleroy

do F. J. Moore do

do Bennett Blake Flanagan and Flanagan

do Jesse P. Bruten do

do Ambrose S. Crane do

do David Muckleroy, Jr do

do George W. Davis do

do Samuel H. Hamel do

do F. Beyt do

do Moses L. Patton do

do Ezekiel Brown do

524 RECONSTRUCTION CONVENTION JOURNAL.

Document B — Continued.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Nacogdoches .... Matt Burke Flanagan and Flanagan

Navarro Danisl Hartzell Lippard

Nueces H. Tajlor Gen. Davis

do Process Hoffman do

do T. S. Parker do

do John Rellett do

Panola . .Joseph L. Harris Board and Flanagan

do J. R. Williams do

do Wm. W. Butler do

do G. L. Dukes do

do J. S. Hanson do

do Thomas G. Ellison do

Polk James M. Crossen Pedigo

do J. Douglass Brown do

do J. C. Mclvirmen Goddin

do 0. M. Wheeler do

do W. B. Darby do

do 0. C. Dunham do

Red River B. W. Gray Gray and Fleming

do William H. Fleming do

do Nathaniel W. Towns do

do Mark F. Caudle do

do Clement Dixon : .... do

do Henry M. Gains do

. do D. H. Bearden do

do Wiley W. Giddons Armstrong

do J. L. Riddle do

do John H. Beaty do

do Jolm A. Bagi)y do

do Wm. A. EHet do

do J. L. Carroll do

Rusk Ben Sraither. Flanagan and W. Flanagan

do C. B. Matlock do

do George Brown do

do H. F. Nelson do

do A. G. Galloway do

RECONSTRUCTION CONVENTION JOURNAL. 525

Document B — Continued.

COUXTIES. PERSONS RECOMMENDED. BY WHOM.

Rusk J. 11. Nelms Flanagan and W. Flanagan

do B. C. H. Johnson do

do (). H. Moody do

do , H. F. Carter do

do S. G. S^van do

do Wm. W. Moriis do

do Thompson Camp do

do William Hays do

do Bennett Boggess do

do A. J. Smith". do

do James McBride do

do J. M. Draper do

do D. P. Preston do

do J. W. Little do

do Charles Fox do

do Wiley Harris do

do . James Harper do

do Thomas A. Brown do

do Wm. H. Estell do

do Wm. Miller do

do James R. Armstrong do

do James Mayfield do

do Thomas ]\:Iayfield do

do Wm. N. Henson do

do James M. Barton do

do John ^lansinger do

San Aiignstinc. . 'Wm. Vr. Vrallace Phillips

do Francis H. Dixon do

San Patricio .... John Ryan Gen. Davis

Shelby Martin M. Wheeler Pedigo

Titus Joshua Johnson

Travis Hon James H. Bell Gen. Hamilton

do Isaac B. ilcFarland do

do J. B. Copes do

do Ashford B. McGill do

do Anderson J. Harrell do

626 RECONSTRUCTION CONVENTION JOURNAL.

Document B — Concluded.

COUNTIES. PERSONS RECOMMENDED. BY WHOM.

Travis T. C. Collins Gen. Hamilton

do L. H. Luckett do

do Frank Brown do

do George J. Thielepape Newcomb

Tjler .Jererniali Harrison Pedigo

do William T. Hyde do

Van Zandt James Moore • • • • Brown

do W. Manning • '. .do

Victoria John A. Cunningham Varnell

do Thomas Stern do

do H.E. Bradford do

do E. A. Hendsaldt do

do C. G. Hall do

Washington S. S. Hoesa Stockbridge

do E. B. Tio-ver do

do J. D. McAdoo do

do T. A. Baber do

do John Sayles do

Wharton Wm. J. Phillips Phillips

do James G. Hunt do

do W. J. Clayton do

do J. Bust do

Wood Perry Taylor Yarboroug

do Lewis Tavlor do

do Thomas Allred do

do Ambrose Fitzgerald do

do C. H. Haynes - do

Mr. Hamilton introduced the following resolution :

Resolved^ that this Convention will not, after this date, take any

further numbers of the newspapers called the San Antonio Free

Press.

Mr. Mills moved that the rules be suspended to take up resolution.

RECONSTRUCTION CONVENTION JOURNAL. 527

Upon which the joas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Board, Degencr,
Flanagan, W. Flanagan, Gaston, Glenn, Gray, Grigsbj, Hainilton,
of Travis, Ilarn, Home, Johnson, of Calhoun, Jordan, Keigwin,
Lindsjiy, Mackej, McWashington, Morse, Mullius, Mundine, Mun-
roe, Posey, Schuetze, Scott, Smith, of Galveston, Sumner, Varnell^
Wilson, of Brazoria. — 30.

Nays — Messrs. President, Bell, Bellinger, Bledsoe, Board,
Brown, Bryant, of Grayson, Bryant, of Harris, BuiFnigton, Butler,
Burnett, Carter, Coleman, Constant, Curtis, Evans, of JMcLcnnan,
Fayle, Foster, Goddin, Harris, Hunt, Johnson, of Harrison, Kealy,
Kendal, Kuechler, Leib, Lippard, Long, McCormick, Oaks, Patten,
Phillips, of San Augustine, Phillips, of Wharton, Rogers, Ruby,
Slaughter, Smith, of Marion, Thomas, Vaughan, Watrous, Whit-
more, Wilson, of Milam, Wright, Yarljorough — 44.

So the Convention refused to suspend the rules.

The President announced the order of the day to be the report of
the Executive Depu-tment, as reported from Committee of the
Whole, July 23d, 1868.*

]Mr. McCormick moved that the reading of the report be dispensed
with.

Carried.

Mr. Hamilton of Travis, moved that each section be read and
adopted seriatim.

Carried.

Mr. Varnell offered the following amendment to section 4.

In line three, strike out w^ord "'three'" and insert "five."

Mr. Degener moved to lay the amendment upon the table.

Upon which the yeas and nays Avere called and resulted thus :

Yeas — Messrs. President, Bell, Bledsoe, Brown, Bryant, of Har-
ris, Butler, Carter, Coleman, Constant, Curtis, Degener, Fayle,
Foster, Grigs])y, Hamilton, of Travis, Hunt, Johnson of Harris,
Kealy. Kendal, Kuechler, Leib, Lindsay, Lippard, Long, McCor-
mick, Munroe, Newcomb, Oaks, Patten, Phillips, of San Augus-
tine, Rogers, Ruby, Schuetze, Smith, of Marion, Stockbridge,
Sumner, Thomas, Vaughan, Watrous, Whitmore, Williams, Wilson,
of Brazoria, Wilson, of Milam. Wright, Y'arborough — 45.

Nays — Messrs. Adams, Armstiong, of Jasper, Armstrong, of
Lamar, Bellinger, Board, Bryant, of Grayson, Buffington, Cole,
Evans, of McLennan, Flanagan, W. Flanagan, Fleming, Gaston,
Goddin, Harris, Harn, Home, Johnson, of Calhoun, Jordan, Keig-

* For this report see page 477.

5'^8 RECONSTHUCTIOJ^ CONVENTIOIf JOURNAL.

win, Mills, Morse, Muckleroj, Mundine, Phillips, of Y/harton,
Pose J, Scott, Vai-nell — 28.

So the amendment was laid upon the table.

Mr. Degener moved that the word, "three" in third line of section
4, be stricken out and "one" inserted.

Mr. Flanagan moved the previous question, upon the adoption of
section 4.

Previous question seconded.

The question recurred, "shall the main question be now put?"

Upon which the jeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Armstrong, of
Lamar, Bledsoe, Board, Brown, Bryant, of Grayson, BalSngton,
Cole, Flanagan, W. Flanagan, Fleming, Gaston, Glenn, Gray,
Hamilton, of Travis, Harris, Hirn, Home, Johnson, of Calhoun,
Jordan, Kealy, Keigwin, Lindsay, Mackey, Mills, Morse, Muck-
leroy, Mundine, Phillips, of San Augustine, Phillips, of Vfharton,
Posey, Rogers, Scott, Smith, of Galveston, Stockbridge, Thomas,
Varnell, Vaughan, Wright, Yai-borough — 41.

Nays — Messrs. President, Bell, Bellinger, Boyd, Bryant, of
Harris, Butler, Carter, Coleman, Constant, Curtis, Degener, Evans,
of McLennan, Foster, Goddin, Grigsby, Hunt, Johnson, of Harri-
son, Kendal. Kuechler, Leib, Lippard, Long, McCormick, Munroe,
Newcomb, Oaks, Patten, Pedigo, Ruby, Schuetze, Slaughter, Smith
of Marion, Sumner, Talbot, "Watrous, Whitmore, Williams, Wil-
son of Brazoria — 36.

So the main question was ordered.

The question recurring upon the second reading of section four,
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Buffing-
ton, Carter, Cole, Coleman, Flanagan, W. Flanagan, Fleming,
Gaston, Glenn, Gray, Hamilton of Travis, Harris, Ha,rii, Home,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, heigv.'in,
Leib, Mackey, Mills, Morse, Muckleroy, Oaks, Pedigo, Phillips of
San Augustine, Phillips of Wharton, Posey, Rogers, Scott, Slaugh-
ter, Smith of Galveston, Stockbridge, Thomas. Varnell, Vaughan,
Williams, Wright, Yarborough — 48.

Nays — iMessrs. President, Bell, Bellinger, Bryant of Harris, But-
ler, Constant, Curtis, Degener, Evans of JNIcLennan, Fayle, Foster,
Goddin. Hunt, Kendal, Kuechler, Lindsay, Lippard, Long, McCor-
mick, Mundine, Munroe, Newcomb, Patten, Rul)y, Schuetze, Smith
of Marion, Sumner, Talbot, Watrous, Whitmore, Wilson of Bra-
zoria— 31.

So the section was ao;reed to.

REC0N;3TR"DCTI0N CONVENTION JOLTxNAL. 529

Mr. Hamilton of Travis, moved to recoii'.:(U'r tiic vote, bj which
the sul)stitute oiTered bj Mr. Evans of McLennan, to the report of
■the Committee on Internal Improvements was rejected.

Mr. De»;ener offered the following; amend mcnt.

"And he shall have the use of a hou.se and furniture at the
capital."

The Convention refused to atlopt the amendment.

Mr. Hamilton of Travis, offered the follov>'in^- amendment.

"Exclusive of the use and occupation of the Governor's mansion,
fixtures and furniture."

Ado})tcd.

Mr. Armstrong offered the following amendment :

Strike out, "|5000,''" and insert ".*^4000."

Mr. Butler moved to lay the amendment on the taljle.

Upon which the jeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Adams, Bellinger, Bledsoe, Board,
Boyd, Bryant of Grayson, Bryant of Harris, Butler, Carter, Cole-
man, Constant, Curtis, Degener, Fayle, Flanagan, Fleming, Foster,
Gray, Grigsby, Hamilton of Travis, Harris, Home, Hunt, Johnson
of Harrison, Johnson of Calhoun, Jordan, Keigwin, Kendal, Kuech-
ler, Leib, Lindsay, Lippard, Long, McCormick, McWashington,
Mills, Muckleroy, ]\Iunroe, Newcomb, Oaks, Pedigo, Phillips of
Wharton, l^osey, Rogei'S, Rul)y, Schuetze, ■Slaughter. Smith of Gal-
estoii. Smith of Marion, Stockbridge, Sumner, Talbot, Vaughan,
Watrous, Yv^hitiuore, Williams, Wilson of Brazoria, Wright. — 59.

2Tays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Brown, Cole, Evans of McLennan, W. Flanagan, Gaston, Glenn,
Goddin, Harn, Kealy, IMorse, Mundine, Phillips of San Augustine,
Scott, Thomas, Varnell, rarborough — 18.

So tJie amendment was laid on the table.

Mr. Slaughter offered the following amendment :

Strike out, "^5000" and insert "3j)6000.''

The question recurring upon the adoption of the amendment, the
yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Butler, Coleman, Degener, Foster, Gray, Harris,
Hunt, Kuechler, Newcomb, Schuetze, Slaughter, Wilson of Bra-
zoria— 13.

Nays — Messrs. President, .Adams, Armstrong, of Jasper, Arm-
strong, of Lamar, Bell, Bellinger, Bledsoe, Board, Boyd, Brown,
Bryant, of Grayson, Bryant, of Harris. Buffington, Carter, Cole,
Curtis, Evans, of McLennan, Fayle, Flanagan, W. Flanagan,
Fleming, Gaston, Glenn, Goddin, Grigsby, Hamilton, of Travis,
Harn, Home, Johnson, of Harrison, Jordan. Keal}'. Keigwin, Ken-
dal, Leib. Lindsay, Lippard, Long, Mackey, McCormick, McWash-
3-t

530 REC0N5TRUCTI0X COXVEyTION JOURXAL.

ino-ton, Mills, Morse, Muckleroj, Mundine, Mimroe, Oaks, Patten.
Pedigo. Phillips, of San Augustine, Phillips, of Wharton. Posej,
Eogers, Ruby, Scott, Smith of Galveston, Smith of Marion, Stock-
bridge, Sumner, Talbot, Thomas, Varnell, Vaughan, Watrous,
Whitmore, Williams, Wilson, of Milam, Wright, Yarborough — 67.

So the Convention refused to adopt the amendment.

Mr. Degener moved the previous question, upon the adoption of
the section.

Previous question seconded.

The question recurring, "shall the main question be now put?"*

The main question was ordered.

The question recurring upon the adoption of section five, as
amended,

It was adopted.

Mr. Evans of jNIcLennan, offered the following amendment :

To section 7, strike out the entire section after the word "officers '
in line two.

On motion the Convention adjourned until to-morrow morning, at
9 o'clock.

CAPITOL, AUSTIN. TEXAS,

July 28, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Goddin presented a petition from citizens of Polk, Walker and
Montgomery counties, praying for the formation of a new county,
to 1)6 called San Jacinto.

On motion the petition was referred to the Committee on Counties
and County Boundaries.

Mr. Lippard presented a petitii^n from the citizens of Hill county,
praying that Achilles Foster, formerly Assessor and Collector of
Plill county, be relieved from paying four hundred and five dollars
of the public funds, stated to have been stolen out of a registered
letter.

On motion the petition was referred to the Committee on Counties
and County Boundaries.

Mr. Degener presented a petition for the incorporation of the Gev-
mania Club of San Antonio.

RECONSTRUCTION CONVENTION JOURNAL. 531

Reading was dispensed with, and on motion the petition was re-
fe.'red to the Connnittee on State Affairs.

Mr. Fayle, IVoni the Connnittee on E)irolled IJills, reported I'oso- i
lutions from twenty-five to tiiirty as eorrectly enrolled.

Mr. Whitmore, from the Committee on General Provisions, made
the following reports :

CoMiMiTTEE Room.
Austin, Jnly 27. 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on General Provisions, to whom was re-
ferred a declaration bj Mr. Smith of Galveston, dissolving the mar-
' ital relations existing Ix^tween Henry Rodefeld and his wife, Cathe-
rine Cordes, with a petition of the said Henry Rodefeld and the evi-
dence of the insanity of the said Catherine Cordes, have had the
same under consideration, and after a careful examination of the
same, direct me to report back the said declaration with a recom-
mendation that the said declaration do pass, and that the prayer con-
tain-^d in the said petition of the said Henry Rodefeld be granted.

The Committee are of the opinion that the Convention should
make a provision authorizing the Legislature to provide relief to
such cases.

G. W. WHITMORE,
Chairman Com. on General Provisions^

Committee Room.
Austin, July 27, 1868..
Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on General Provisions direct me to report
the following additional sections, to be a part of the Constitution, un-
der the head of General Provisions :

G. W. WHITMORE.
Chairman Com. on General Provisions.

article xlvi.

Sec. — . All marriages solemnized or had among free per.sons of
color whilst in bondage, according to the rites existing among said
persons, are hereby declared to be legal and binding, and are hereby

532 EECONSTRUCTION CONVENTION JOURNAL.

made valid, and all children born of said marriages are declared
legitimate for all purposes.

Ssc. 47. That anj person who maj kill any reasonable creature
in being, unless the killing shall be in aid or execution of the law,
shall be forever disqualified from holding any office of profit or trust
in this State, unless such person shall be relieved therefrom by a
vote of two-thirds of the Legislature of this State.

Sec. 48. Wo person shall practiee medicine or surgery in this
State unless such person shall first have obtained a diploma from
some chartered medical college, and the Legislature shall provide
to secure to the people this protection.

Sec. 49. Tiiat the Legislature shall provide by law for the issu-
ance of license to druggists and apothecaries, upon the production of
evidence that they are skilled and educated in the profession.

Sec. 50. Each county in the State shall provide, in such manner*
as may be prescribed by law, a Manual Labor Poor House, for tak-
ing care of, managing, employing and supplying the wants of its
own indigent and poor inhabitants; and under such regulations as
the Legislature may direct, all persons committing petty offences hi
the county may be comniitted to such Manual Labor Poor House for
correction and employment.

Sec. 51. That suits may be brought against the State, and it
shall ])e the duty of the Legislature, at the first session thereof after
the adoption of this Constitution, to prescribe by lav/ what courts
and in what manner, suits against the State may be brought.

Committee Room,
Austm, July 27, 1868.
To the Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on General Provisions direct me to report
back to the Convention the following resolutions and declarations,
with a recommendation that they do not pass :

Declarations of Mr. Harn, of Grimes, dated as follows : July 9,
13, 15 and 17.

Declarations by Mr. Jordan, of Goliad, dated as follows : July
10 and 17.

Declaration by Mr. Bryant, of Harris, dated July 17.

Declaration by IMr. Watrous, of Washington, dated July 11.

Declaration hj Mr. Munroe, of Houston, dated July 9.

Declaration by Mr. Williams, of Colorado, dated July 18.

The Committee are of opinion that the matters and things con-
tained and set forth in the above and foregoing resolutions and decla-

RECONSTRUCTION CONVENTION JOURNAL. 533

rations, have been fully and entirely covered in a previous report
made l)y said Connnittec, except an act and petition referred to the
counnittee by Mr. Fayle. asking that the Hebrew Benev'olent Society
1)C incorporated. The counnittee direct me to say that it is not a
pro])er raattei to be entertained by the Convention, it being purely
legislative.

They ask, therefore, to be discharged from the further considera-
tion of the same.

G. W. WHITMORE,
Chairman Com. on General Provisions.

Mr. Hunt, from the Committee on State Affairs, made the follovr-
ing report :

Committee Room,
Austin, Texas, July 27, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : I am instructed by the Committee on State Affiiirs, to
■whom was referred the resolution introduced by the Hon. C. T.
Harn. of Grimes county, to secure the fund contributed by the
people of Texas to erect a monument on the battle-field of San Ja-
cinto commemorative thereof, to make the following report :

Your comanittee are of opinion that the fund already contributed
hy tiic people of Texas sliould be collected, placed in the treasury
of the State, invested in t])e bonds o? the national government, and
held ns a sacred fund in trust for the pui'poses for which it was in-
tended.

Th.e fund already amounts ta thousands of dollars, and is in the
hands of those who will transfer the same to the treasury of the
State upon the passage of the resolution under consideration. It is
true that but a small amount has yet been set apart, Imt it is be-
lieved that when the State undertakes to control the fund, and to se-
cure the ends for which it was designed, that a sense of State pride
and desire to commemorate the names and gallant bearing of those
who won a nation's inle )e-ideac3 on th3 21 ^t diy of April,
1836, will inspire the people of Texas with a patriotic and pcnerous
spirit, and that ere long the means necessary to the accomplishment
of the object will be collected.

The 21st of April will be a great holiday when the monument
shall be commenced, and annually the patriotic deeds of the fathers
of the republic of Texas will be remembered and the people of our

534 P.ECOXSTRUCTION CONVENTION JOURNAL,

State will have increased confidence and hope of the maintenance of
our government.

In view of the premises, and the object to be accomplished, jour
committee recommend the passage of the resolution.

H. C. HUNT,
Ch;iirman pro tem. of Committee on State Affairs.

Mr. Butler, from the special committee appointed to investigate
into the condition of the Penitentiary, reported as follows :

Committee Room,

July 25, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee of the Convention appointed to investigate
the financial affiirs of the State Penitentiary, and to whom was re-
ferred a resolution diresting them to inquire into the condition of
the convicts and the causes for wliich they were sentenced to con-
finement in that institution, have the honor to submit their report :

From the examination which the committee was enabled to make
during their visit to the establishment, they were impressed with a
conviction that the inmates were as Avell taken care of, and as well
provided for, as the capacity and condition of the buildings and the
enclosure would allow. There are more than four hundred convicts
confined within the walls of the Penitentiary, largely too many for
the capacity of the institution, which renders it wholly impractica-
h\e for the m^anagers to secure that comfort and salutary discipline
which a beneficent government should always extend, when practica-
ble, even to the guilty \'iolators of its laws. They ascertained,
however, tha.t by means of the labor of the convicts the managers
were encased in makin2; brick to erect other and additional build-
ings, which will greatly contribute to increase the comforts of the
inmates, and enlai'ge the capacitj^ and promote the convenience of
tlie esta])lishmeiit for the purposes for whicli it was designed. The
a[)pearance of the convicts indicate that they are well fed and prop-
erly attended to ; but from the number now in the Penitentiary,
and restricted ca;pacity, they are necessarily too much crowded, es-
pecially at night in their dormitories, for the certain preservation of
tlie Ileal th of the establishment. If an epidemic should prevail
there, it would be impo.ssible, with the present capacity |ind ar-
rangement of the institution, to secure the comfort and the re- .

RECONSTRUCTION CONVENTION JOURNAL. 535

storation of the afflicted to liealtli. This Avill, no dou])t, ))C o])viated
to a considerable extent when the additional buildings contem-
plated shall have been erected and fitted up for use and occupation.

The ainiexed schedule [marked AJ, which is made a part of the
report, will show the names of the convicts, the county in which
thej Avere found guilty and sentenced, the offences with wdiich they
vrere charged, the time of conviction, the pericd of confinement, the
time of entrance, and the circumstances of the conviction, as detailed
by themselves ; and their general deportment since their admission,
as related by the managers, of one hundred and sixty-one convicts.

From the special examination thus made, the committee Avas
brought to the conclusion that some of them presented strong claims
to Executive clemency, and in the remarks of the schedule they have
taken the lil)erty so to connnend them to the Governor for pardon.
In their judgment, the Governor, in exercising clemency in these
ca-;es, would not only wisely extend mercy to repentant criminals,
but he would both offer inducements for moral reformation to the
remaining convicts and increase their comforts, now so much discom-
moded in an over-crowded establishment.

The committee therefore recommend that this report be referred to
his Excellency, E. M. Pease, and that he be requested to gain such
additional iniormation, in his power, as would enable him to extend
Executive clemency to those who, according to his judgment, de-
serve it.

All of which is respectfully submitted.

JAMES P. BUTLER,
Chairman Committee.

536

RECONSTRUCTION COl'T/ENTION" JOURNAL.

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RECONSTRUCTION CONVENTION JOURNAL. 539

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KECONSTRUCTION CONVENTION JOURNAL. 545

STATEMENT OF CONVICTS.

Stateme7it of the ) We had no weapons, but one of us had a stick ;
Jirst 6. ) no blows passed and no one was hurt. The

cause oF our riot w.;s: our employer had se-
verely beaten a woman, under his charge as
cook, and from civil Liav we could get no sat-
isfaction.

7. Offence committed in 1860. Burns after that

left for the North, but returned to Galveston
in 1865, when he was tried before Judge
Love. Pleads innocent. Good character.
Convicted for stealing twenty-five pounds
coffee. Refers to Judge Fahle.

8. Belonged to Second Wisconsin Cavalry, com-

pany L, Capt. LeRoy; tried before Judge
Gould. Refers to Prof. McKinney, at Huntl-
ville, who states that convict was most likely
convicted through prejudice. Committee
would favor his pardon.
10 to 21. Five years for stealing animals and two years
for stealing from a house. Referred to Gen.
3. J. Reynolds for information. These con-
victs belonged to the Liberal army in Mata-
moras, Mexico, were under command of Gen.
Ford, brought across to the United States
side, and camped above Brownsville ; by their
leader they were taken up the country, as he
said, to cross back to Mexico at Camargo. and
on tlie way by him induced to take from
ranches saddles and horses to mount them-
selves. The committee recommends these
parties for Executive clemency, considering
them more the dupes of their leader, who
never was caught. They recommend this
case to a careful examination.

22. I was ordered by my employer to take up a stray

horse, for which I paid him feed. I trans-
ferred my claim for the feed, for which I was
tried and convicted of horse stealing. My
employer was a INIr. Chambers, of Fort Bend
county. I refer to B. F. Atkins and Capt.
Rock.

23. I saw my employer, Sam Chamblers, giving a

546 RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT OF CO^YlCTS—ConHnued.

Statement of 23. freedman seven hundred laslies and shooting
at him. To keep from being shot at, I
jumped on a mule and rode oif.

24. I was found with two dozen cotton handker-

chiefs, sold to me by somebody else. This
case comes under the twenty dollar law. Ref-
ence : Hon, Armstrong, of Lamar.

25. I h.ive served nine months in the Federal army,

and belonged to company H, Eighth United
States Artillery, colored. My captain (Nor-
ton) had given me a furlough to visit some of
my relations in Texas and loaned me for
that purpose a horse, which he, after my ar-
rest, claimed. I refer to Inspector Wm. H.
Sinclair's report, and to Mr. Horton Rieves,
at Paducah, Ky. Capt. Norton lives at
an unknown point in Ohio. I was arrested
and tried in national uniform; no party
claiming the horse swore positively to the
right of property.

26. Trial b.-fore Judge Love. One of the witnesses

declared that the prisoner was a Yankee and
only came here to steal what little was left.
Reference : Hume or Hunsacker.

27. I had used seventy-five dollars of my own money

on a sick man in my charge, when he died
with all his means in bank, and with no other
friends or acquaintances. To get his money,
wherewith to pay his board and funeral ex-
penses, I, by advice of others, signed his
name to the bank book, not knowing that I
committed any offence, as there was nobody
else that had any interest in obtaining his
money. Reference: Augustus Close, and
Robert Ferguson, a workman in the foundry.
I belonged to the Federal army.
28 and 29. Being in company with a horse thief, we both
were kidnapped from the Indian Nation
and brought to Barnim, Fannin county,
Texas, where we were tried and convicttpd.
Vf e were prejudiced hj being connected with
the Federal army and 1)y retaliating feelings-,

RECONSTRUCTION CONVENTION JOURNAL. 547

STATEMENT OF COI^^YICTS — Con/ mued.

Stafeineiit of 28 ^ because during tlie war some men liad te3u
and 29. \ liunij; in tin.- Indian Nation.

30. 1 was run off bj mj cmplojer; went back after

my pay. The next day my employer missed
a gun ; the gun v,as neither found with me,
nor any testimony produced tliat I stole
the gun, other th;in that I liad been on the
premises. I am innocent. lieference : Mc-
Washington.

31. Owns charges to be correct.

32. I am charged with having stolen a watch and

locket. Tlie watch was found on a person in
Louisiana whom I never had seen ; the locket
was handed me by a white man as security
for a debt. Eeference, C. H. Leonard and
Arthur Donnely, Galveston.
38. Pleads not guilty, and refers to Munroe and
Burnett.

34. Owns liaving had the articles ; refers to Munroe

and Buinett.

35. The fre.dman whom I struck rushed on me

with a claw-hammer ; the axe cat only a
small gash on his head, no serious injury. I
was a stranger in Cherokee county.

36. I borrowed $2 50, offering to return them next

day ; party would not recei\ e it, but arraigned
me for swindlinir. Sentenced bv Judoje
iMcLson.

37. I acknowledge having taken three sides and a

'halt of bacon. Reference, Armstrong, of
Lamar, (member of Convention) and Harri-
son, of Lamar. Convicted.

38. Was convicted for stealing ;slO in money.
39 and 40. Theft of goods.

41. My employer owed me. and told me that I

might ride his horse to town, in possession of
which I was arrested. I was a member of
5th Massachusetts Regiment : my discharo-e
taken from me.

42. I was a member of the L^nited States Army ;

my discharge was taken from me before trial.

548 RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT OF CONYICT^.—Cojiiimied.

Statement of 42. Refer to Judge Phillips, of Austin, member
of Convention.

43. Reference, Ledbetter, of LaGrange, and Judge

Lindsay, (member of Convention.)

44. Refers to Bell, of Austin, (^Convention member.)

45. I had hired the horse and paid $15 for it.

46. I bought a horse, but found out that it was

stolen, and turned it over. My witnesses
were not permitted to testify. Judge Ochel-
tree.

48. Accused Avas young, but eighteen years old in

. June, 1867.

49. I am charo;ed with having hit a freedman in the

face with an axe ; I deny having done so. and
refer to lawyer Marshall Semmes, who pleaded,
my case.
51. I was working for Adam Deichert, at Clinton,
(now at Victoria.) I could not get any pay
out of my employer for painting done, there-
fore I helped myself to a buggy, which I sold
for $'40. Another man had given me a
precedent, he helping himself in a similar
way. I, therefore, thought I was right. I
am sure I had no fiir and impartial trial, the
District Attorney calling me a Yankee before
the jury. I was 1st Sergeant of the First
New York Engineers. Superintendent says :
The prisoner's behavior has been very good.
. 52. I wanted to see my sister, and took for that
purpose a horse from my employer. I was
nearly home again when I was caught.
Reference, lawyer Plass.

53. About my wife, with whom my antagonist lived

and had a child : we had first a fair fight,
after that he got a gun, and approaching with
it, threw a rock at me, when I shot at him
with a pistol. Reference, Dr. King, at Con-
crete, DeWitt county.

54. Committee recommends him to pardon. Annexed

testimony of Dr. Tullis. His character in
Penitentiary has been unexceptionable.

EECONSTRUCTION CONVENTION JOURNAL. 549

STATEMENT OF C01^\ICTS.—Co?iiimwd.

Statement of 56. At my trial I was refused witnesses in my favor.
Refers to Representative of Williamson.

57. Refers to Hamilton, of Ti-avis.

58. Referred to Dr. Richardson and Gammel, of

Robinson county, and Boyd, member of the
Convention.

59. Convict was a member of Fourth Cavalry,

United States Army.

60. Convict was one of the police force in Browns-

ville, Texas, at the time of his conviction.
62. A petition has been foi-merly sent to the
Executive of the State for pardon during the
Throckmorton administration. Refers to
letters to Governor Pease and Armstrong,
member of Convention from Lamar.

64. I am accused of having stolen J5;10 from a

United States soldier ; I was with the party
who was caught, and having found $15 upon
me, I was declared guilty ; I can prove that
I was in possession of the ,^15 befoie I was
arrested, by Norton Fletcher ; refer also to
Henry Irvin, of Galveston.

65. I was sick and unable to work, and to get some-

thing to eat I stole two bars of iron, one piece
of which I sold for $1.10.

66. In my valise some clothes were found. Refers

to Hunsacker, of Galveston.

68. I worked in U. S. Navy during the vrar ; refers

to Judge Love, to Houston or Galveston.

69. Denies charge.

73. Acknowledges charges. She is of exccllerit be-

havior, and enjoys many liberties outside of
the Penitentiary.

74. A white woman broke in a store and took out of

it some goods ; I was found in possession of
part of them and, therefore, charged with
burglary ; I was tried before Judge Harrison.
Reference : H. Cook, of Owensville, Texas.

75. I was deranged at the time of my conviction,

but improved before reaching Penitentiary.
References : Col. Bell. Superintendent Peni-

550 RECONSTRUCTIOIT COXVENTION JOURXAL.

STATEMENT OF CO^YICT^—Co?ifinued.

Statement of 75. tentiarj, and McCormick, member of Conven-
tion.

76. Refers to Delegate from Harrison county ; also,

Coleman, member of Convention.

77. The three pounds of bacon I am accused of hav-

ing stolen were my weekly allowance. I refer
to the Delegate of Harrison county.

78. My trial was a partial one, for I was not nermit-

ted to introduce any colored witnesses ; though
accused of intentions to kill, I had no weapons,
liefor to Frank Fletcher, of Lampasas, and
Judge Harrison, of Waco.

79. Convicted for stealing a shirt. Reference :

Judges Caldwell and Gray, members of Con-
vention.

80. Convicted for stealing twenty-one bushels of

corn.

82. Is in bad health.

83. I was in the Union Army. I took the watch

from the thief to return it to the owner, what
I forgot.

84. Acknowledges the stealing of the horse.

85. On account of yellov/ fever, I was hurried to

trial without witnesses ; and on account of
having been in U. S. Army, prejudice pre-
vailed against me.

[Second term of imprisonment in Peniten-
tiary.]

86. No money was found on my person when ar-

rested ; I am convicted on suspicion.

87. Refers to proceedings of this case.

89. I went into a bar-room to have a $;5 bill

changed. I soon found out the change was
counterfeit, and when I saw the man dropping
his pocket-book I picked it up, to get even
with him.

90. Ca'ls himself R. H. Cobb, and claims to be a

son of Howell Cobb, of Georgia ; denies hav-
ing stolen the horse, and requests the proceed-
ings in his ca?e.
91. He says he killed the man in self-defence. The
committee are ftivoi'ably impressed with the

RECONSTRUCTION CONVENTION JOURNAL. 551

STATEMENT OF CO^YICTS— Continued.

Statement o/ 91. prisoner, and they, as well as tlic officers of
Penitentiary, recommend his pardon. He is
nearly seventy years old, and has, therefore,
only a short time more to live.

92. The committee has investigated this case, and

find that the prisoner was convicted on cir-
cumstantial evidence, which can be had by
refen'ing to the pioceedings of the District
Court oV Grimes county for the above term.
The officers of the Penitentiary testify to his
uniform good conduct ; he has never been
punished since his confinement, a thing un-
usual on the records of the prison. He was
very young (tAventy-two years) at the time of
his conviction, and the committee feel safe in
saying that they think he would make a good
citizen if Executive clemency was extended to
him ; they, therefore, beg leave to respectfully
recommend his pardon.

93. The committee has investigated this case, and

find the man to be near seventy years of
age, old and infirm. In consideration of his
old age, his uniform good conduct, and his
having already served nine years and three
months, they would recommend that Executive
clemency be extended to him.

94. My husl)and stole a hog without my knowing

anything about it. Meat was found in my
house, aiid I, therefore, made party to the
theft. My husband is in prison.

95. Admits charge correct.

96. To make my daughter and me confess the theft

of a box with $30, we were twice hung up by
the neck ; the second time my daughter con-
fessed, and on her evidence alone I was con-
victed.

98. Soys he Avas taken for the thief, though inno-

cent.

99. I took the mule to ride it four miles and then

turned it loose ; my employer got it back four
days after.
100. Bad temper.

552 KECONSTRUCTIOlSr CONVENTION JOURNAL.

STATEMENT OF CONYlCTS—ConH?iiied.

Sfaiemoit o/lOl. I bad the stolen things in my possession, but an-
other man bad stolen them.
104 and 105. A white man hung a boj (sixteen
years old, freedman) three times, and made
him confess that he and we two attempted to
rob his store. The boy was released for tell-
ing.

106. I found money in my employer's wagon, and gave

it to a magistrate when arrested.

107. My employer was my accuser ; I deny the

charge.

108. Malice of my former master.

110. The horse was stolen by another freedman, who-

escaped ; I was an accomplice.

111. I purchased the saddle from a white man (a

stranger to me).

112. I took them from a freedwoman whose husband

owed me the money.
11 4. Done in fight.

117. I rode an estray horse four miles and returned

it.

118. I have stolen a, bolt of cloth, when drunk, but

don't remember it.
120. I used to be servant for Gen. Gregory. I was
at a wedding when a row occulted ; tried to
break up that row ; that was all the part I
had in it.

122. A white man set his dog on me ; I then snapped

a cap at the dog.

123. Denies it.
125. Denies.

128. One day a stranger came to the fence and asked

me for fire. I gave it to him and therewith
he set a barn afire ; the man was not caught.
(Prisoner is a boy.)

129. I only stole an orange.

131. I bought the pony from my employer for f 30 00
and worked out the pay. But my employer
took back the pony, and said he would pay me
the $30. When I saw tliat I could get no
money from him, I went and took the pony.

133. I wanted to steal my master's gun ; he caught

RECONSTRUCTION CONVENTION JOURNAL. 553

STATEMENT OF COl^iYlCTS— Continued.

Sfai'enicntoflSS. mc in the room, wbeie four persons ^vere
sleeping, and accused me of the crime men-
tioned.

134. On account of sickness of my chihlren I was

crazy ; did not know that I did it ; no load in
the gun.

135. My master, who has killed two white men, one

day shot twice at me ; I took the horse to
run away on.

136. I was arrested on suspicion.

138. I was at a wedding and rode the mule home,

intending to return it.

139. My master went to Mississippi and left the horse

in my charge. Master died ; the horse in m.y
charge and nobody to prove property ; but I
was convicted of stealing it.

140. I left my employer after my time of service was

up, and after having refused to contract again.
After I had got off half a mile, my employer
caught me and brought me back. Stopping
at a branch, he said : "Now ! G-d d — n you!
you wont work for me? You shan't work for
anybody else."' He had drawn the pistol.
I consented to work for him another year for
nothing, if he would not kill me. My em-
ployer though, said : "No G-d d — n you !
you ran away and I am not going to let you
live with anybody :'.' and thereby he shot me
through the left shoulder. I then stabbed
him, badly cutting him ; and after I had cut
him the first time, I kept on doing so, for it
made me more desperate.

141. I bought the horse from an Indian for $10.

142. I know nothing about it.

143. I shot at a dog. (A boy 17 years old.)

144. Denies it.

145. I l)Ought it from a white man.

147. I took the mule from my employer, in lieu of

pay ; he threatened to kill me if I would not
hire for another year.

148. Denies all knowledge of it.

149. I was drunk and killed a freedman in a row.

554 RECONSTRUCTION CONVENTION JOURNAL.

STATEMENT OF CO'^YICTS— Concluded.

Stafe'ment of 150. I picked Tip the horse and rode it for the purpose
of finding mj own horse.
(Prisoner ife an honest looking old man.)

151. I killed a freedinan in self-defence.

152. I had a fight with a freedman and killed him in

self-defence.

154. After having lent me the horse, mj mistress

prosecuted me for stealing it, because I would
not live with her another year.

155. Mj employer owed me $30 00 ; which I could

not get, I therefore took a .'^20 horse in lieu.
157 I won the saddle from a freedman, Geo. Smith,
who belonged in Nassau, and was there on
mj trial.

158. I took it from my employer; because I could get

no pay for my work.

159. I did not get enough to eat ; therefore, I took

one of my employer's hogs.

160. I am wrongly accused of having furnished a

horse to prisoner, on which to escape.

161. I have been a soldier in 31st U. S. C. T., and

was prosecuted, because I had been a Yan-
kee soldier; I received the cloths from a freed-
man.

Mr. Smith, of Galvestrfn, offered the following resolution :
Resolved, That a committee of three be appointed by the presi-
dent to examine into and inquire by what authority a meaiber of this
Convention holds his seat in violation of military circular No. 16,
dated May 16th, 1867, and issued by Brevet Major General Griffin,
and report to this Convention.
Laid over under the rules.

Mr. Evans, of McLennan, offered the following resolution :
That the judges of the Supreme and district courts of Texa? shall,
as heretofore, be elected by the qualified voters of Texas, and that
the Committee on the Judiciary be instructed to report an " elective
system" of judiciary to be incorporated in the constitution.
Laid over under the rules.

Mr. Smith, of Mai-ion, offered the following resolution :
Whereas, it is apparent that the name of the county of Cass of

RECONSTRUCTION CONVENTION JOURNAL. 555

this State was changed by the so-called Legislature of 1861, to the
name of Davis, in honor of the arch traitor, Jefferson Davis, as will
be seen bj the copy of said act, as is herewith givt^n —

Section 1. " Be it enacted by the Le(jisla'ure of the State of
Texas^ That the names of the counties of Cass and Buchanan
be changed to Davis and Stephens, respectively, (in honor of Jeff.
Davis, President, and A. H. Stephens, Vice-President of the Con-
federate States of America).

Sec. 2. That all processes heretofore issued from either of said
counties be as valid as if the same had been issued in the name of
the counties of Davis and Stephens.

Sec. 3. That all laws in conflict with this act be and arc hereby
repealed, and this act take effect from and after its passage."

Approved December 17, 1861.

Therefore, be it resolved:

Section — . That the so-called county of Davis be known heie-
after as Cass.

Sec. — . That all processes heretofore issued in the county of
Cass and so-called county of Davis be as valid as if the same had
been issued in the name of the county of Cass.

Referred to the Committee on Counties and County Boundaries.

Mr. Varnell offered the following resolution :

Resolced, That the Legislature be authorized and instructed to
pass laws protecting from forced sales the increase of live stock be-
longing to the wife's separate property, as well as rents, interests,
and increased value of real estate.

Referred to the Committee on General Provisions.

My. Constant offered the following resolution :

Be it Resolced by the j)eo/jle of Texas in Convention assem-
bled. That no educational qualification shall be made a test as regards
the political rights of any voter in this State, before the first of
January, A. D. 1880.

Referred to the Committee on Political and Legislative.

Mr. Stockbrid(f;e offered the followiniT resolution :

Resolved, That the rule of this Convention which proliibits any
delegates from speaking more than thirty minutes upon any one sub-
ject be, and the same is hereby modified so that additional time may
be allowed, by a vote of two-thirds of the delegates.

Mr. Johnson, of Calhoun, offered the following declaration, and
asked its reference to the Committee on Internal Improvements :

Whereas, The San Antonio and Mexican Gulf Railroad Com-
pany (without aid from the School Fund) constructed and eouip[)ed
their road from Lavaca to Victoria, and kept the same in successful
operation until destroyed by the rebel General Magruder ; and

556 RECONSTRUCTION CONVENTION JOURNAL.

Whereas, This wanton and wicked destruction of private property
and great public enterprise, was owing to the hostility and de-
sire cf tho5e thenjn power to harass and ruin the principal o.vners
or stockholders, on account of their well-known loyalty and avowed
Union sentiments ; and

Whereas, The franchise rights of said company may be endan-
gered by the absence of lawful legislation ; therefore

Be it ordained^ That the said company shall be allowed them,
for the construction of the second section of twenty-five miles of
said road, the same extension of time after the admission of Texas
into the Union, under the Reconstruction Acts, as allowed by the
act approved February 1, 1861, entitled :

" An Act supplemental to an act, and amendatory of an act, en-
titled an act to incorporate the San Antonio and Mexican Gulf
R.iilroad Company, and supplemental to and amendatory of the
several acts supplemental to and amendatory of the above recited
act.''

It was so referred.

Mr. McCormick moved that the communication received yester-
day, from the Military Commander of the Fifth Military District,
be referred to Committee on Finance.

It was so referred.

Mr. Evans, of McLennan moved that a communication received
yesterday, from His Excellency, Governor E. M. Pease, respacting
the status of the employes of the State government, be laid on the
t ible, subject to be taken up on the call of the House.

Carried.

]Mr. Gray moved that the rules be suspended to allow considera-
tion of the report of the Committee on Internal Improvements upon
the Pacific Railroad Company.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Adam-:, Armstrong of Lamar, Bellin-
ger, Board, Bryant of Grayson, Buffington, Cole, Coleman, Curtis
Flanagan, W. Flanagan, Fleming, Foster, Gaston, Goddin, Gray
Grigsby, Hamilton of Travis, Harris, Ham, Johnson of Calhoun
Jordan, Kealy, Keigwin, Mackey, McCormick, Muckleroy, Mundine
Mullins, PeiLgo, Phillips of Wharton, Rogers, Scott, Stockbridge
Varnell, Wilson of Brazoria, Wilson of Milam, Wright — 39.

Nays — Messrs. Bell, Bledsoe, Boyd, Bryant of Harris, Butler
Burnett, Carter, Degener, Evans of McLennan, Fayle, Glenn
Hunt, Johnson of Harrison, Kendal, Kuechler, Leib, Lippard
Lo;ig, McWashington, Mills, Morse, Munroe, Newcomb, Oaks
Phillips of San Augustine, Posey, Ruby, Schuetze, Slaughter,

RECONSTRUCTION CONVENTION JOURNAL. 557

Smith of Galveston, Smith of Marion, Sumner, Thomas, Vaughan,
Watrous, Whitmore, Williams, Yarboiough — 38.

So the Convention refused to suspend the rules.

The President announced the unfinished business of yesterday
being the report of the Executive Committee,* upon the adopti(;n
of the amendment offered by Mr. Evans, of McLennan, to strike
out all after the word "officers," in second line of section 7.

INIr. Flanagan moved to lay the amendment upon the tal)le.

Upon which the yeas and nays were demanded and resulted thus:

Yeas — jSIessrs. Adams, Armstrong, of Jasper, Armstrong of
Lamar, Bo.ird, Brown, Buffington, Burnett, Carter, Cole, Con.-tant,
Flnnagan, W. Flanagan, Fleming, Foster, Gaston, Glenn, (iray,
Grigsby, H imilton of Travis, Harn, Home, Johnson of Calhoun,
Jordan, Kealy, Kcigwin, Lindsay, Mackey, McCormick, Mc Wash-
ington, i\Iill«, Muckleroy, Munroe, Pedigo, Phillips of San Augus-
tine, PLiHips, of Whaiton, Posey, Rogers, Scott, Stockbridge,
Varnell, Vaughan, Watrous, Williams, Wilson of Brazoria, Wright
—45.

Nays — Messrs. President, Bell, Bollinger, Bledsoe, Bryant of
G; a/son, Bryant of Harris, Curtis, -Degen> r Downing, Evans of
McLennan, Fayle, Harris, Hunt, Johnson, of Harrison, Kendal,
Kuechler, Leib, Lippai'd, Long, Morse, Mundine, Newcomb, Oaks,
Patten, Ruby, Schustze, Slaughter, Smith of Galveston, Smith
of Marion, Sumner, Thomas, Whitmore, Wilson of Milam, Yar-
borough — 34.

So the amendment was laid upon the table.

Mr. Hamilton, of lb-avis, moved to insert the words "except the
Lieutenant Governor,"' after the Avord "officers," in the third line of
section 7.

Mr. Patten moved to lay the amendment upon the table.

LTpon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bellinger, Bledsoe, Degener, Downing, Long,
Newcomb. Patten, Ruby, Sumner — 9.

Nays — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Board, Brown, Bryant of Grayson, Bryant of
Harris, Buffington. Burnett, Carter, Cole, Constant. Curti-, Evai s
of McLennan, Fnyle, Flanagan, W. Flanagan, Fleming, Foster. Gas-
ton. Glenn, Goddin, Gray, Grisby. Hamilton of Travis, Harris,
Harn, Home, Hunt. Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Keigwin, Kendal, Keuchler, Leib. Lindsay. Lip-
pard, Mackey, McCormick, Mc Washington, Mills, Morse, ^luckle-

*ror report gee page 4T7.

558 RECONSTRUCTION CONVENTION JOURNAL.

roj, Mundine, Munroe, Oaks, Pedigo, Phillips of San Augustine,
Phillips of Whai ton, Posey, Rogers, Schuetze, Slaughter, Smith of
Mavion, Stockbridge, Scott, Thomas, Varnell, Yaughan, Watrous,
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 70.

So the Convention refused to lay the amendment on the table.

The question recurring upon the adoption of the amendment it
"Was agreed to.

Mr. Evans, of McLennan, moved to re-commit section 7 to the
Exective Committee.

Mr. Flanagan moved the previous question upon the adoption of
the section.

Previous question seconded.

Mr. Evans, of McLennan, moved a call of the House.

Call sustained.

Absentees — INIuckleroy, Smith, of Galveston, and Pedigo.

Mr. Glenn moved that Mi-. Evans, of Titus, be excused.

Carried.

Mr. McCormick moved that the call of the House be suspended,
upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Board,
Brown, Burnett, Carter, Cole, » Constant, Fayle, Flanagan, W.
Flanagan, Fleming, Gaston, Glenn, Gray, Grigsby, Hamilton of
Travis, Harn, Home, .Johnson of Calhoun, Jordan, Kealy, Lind-
say, Mackey. McCormick, McWashington, Mills, Phillips of San
Augustine, Phillips of Wharton, Posey, Scott, Smith of Galveston,
StocklDiidge, Yarnell, Yaughan, Watrous, -Williams, Wilson of
Brazoria, Wright — 40.

Nays — Messrs. Armstrong of Lamar, Bell, Bellinger, Bledsoe,
Boyd, Bryant of Grayson, Bryant of Harris, BufBngton, Butler,
Coleman, Curtis, Degener, Downing, Evans of McLennan, Foster,
Goddin, Harris, Hunt, Johnson of Harrison, Keigwin, Kendal,
Kuechler, Leib, Lippard, Long, Morse, Mundine, Munroe, New-
comb, Oaks, Patten, Rogers, Ruby, Schuetze, Slaughter, Smith
of jMarion, Sumner, Talbot, Thomas, Whitmore, Wilson of Milam,
Yarborough — -4 2 .

So the Convention refused to suspend the call of the House.

On motion, the Convention adjourned u,ntil to-morrow morning at
9 o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 559

CAPITOL. AUSTIN, TEXAS,

July 29, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum i)resent. Prayer by tlie Chaplain.
Journal of yesterday read and adopted.

Mr. Hunt, from the Conmiittoe on State Affairs, made the follow-
ing report :

Committee Room,
July 29, 1868.
Hon. E. J. DAVIS,

President of the Convention :

A majority of your Committee on State Affairs, to whom was-
referred the declaration of Hon. A. J. Evans, locating the Capital of
the State of Texas, after the year 1870, at the city of Waco, Texas,
and dividing and increasing the University Fund of Texas, and
locating one branch thereof at San Antonio, Texas, and the other at
Tyler, Smith county, Texas, ask permission to make the following
i-eport to your honorable 1iody.

First. We find that the city of Waco, if not in the exact center, is
nearly so, of both the territory and population of Texas ; is a fine,
eligible and he.ilthy place, surrounded by a fine farming country ;
said city is second, in point of size and business importance, only to
the cities of Galveston and San Antonio, and surrounded by a Idghly
intelligent and enterprising people.

Before tlie first meeting of the Legislature in 1870, the city of
Waco will be connected with the Texas Central Railroad, by a tap
or link road : if, in fact, the said Central railroad does not run to
the city itself, thus securing the future Capital of Texas connection
with all the railroads in Texas and the United States.

The place is far enough from the coast to remain forever free from
those terrible epidemics that of late years have almost sacrificed the
coast and immediate towns.

Second. Our University Fund, now amounting at least to one
million six hundred thousand dollars, lies idle and unemployed : nay,
more, is being rapidly squandered ; all efforts to locate an L'nivevsity
in Texas, for the last fifteen years, have proved in vain, from the
very fiict that the locadity could not be agreed upon by the Legisla-
ture of the State ; and, judging the future by the pa*t, we think it

560 RECONSTHUCTION CONVENTION JOURNAL.

safe to say, that if this Convention does not now locate the same, it
never will be done.

The only satisfactory method of doing this is, we think, that of
increasing the fund, by lands or State bonds, to three millions two
hundred thousand dollars, and locating tv/o branches thereof

A division of the State of Texas having failed for the present, and
the time for which the present seat of government of Texas is fixed
expiring in 1870, it is nothing but natural in the people of Texas to
desire that the Capital thereof shall be in the center, and that the
eastern part of the State have one branch of the University, and the
western the other.

We, therefore, report back the declaration, and ask its passage.

H. C. HUNT,
Chairman pro lem.

Be it declared, That the following shall be a section of the new
constitution of Texas :

Sec. — . From and after the year 1870, Waco, McLennan
county, Texas, shall be the Capital of the State of Texas ; and that
the University Fund of Texas shall be equally divided and increased
double its present amount, by the Legislature of Texas, and two
universities established ; the one at Tyler, Smith county, Texas, the
other at San Antonio, Bexar county, Texas.

Mr. Carter, from the Committee on Political and Legislative,
offered the following report :

To the Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Political and Legislative Department,
having given cai'eful consideration to the matter relating to that
department of the Constitution, presents the result of its labors in
the article now proposed for the consideration of the Convention.

Several changes have ]')e9n made in, and a few new clauses added
to the constitution of 1845, that instrument being the basis of the
report now presented.

Your committee, having in view the many difficulties that sur-
round the question of " Franchise," has endeavored to so frame that
clause that, while it shall give full protection to the loyal element,
it shall do no injustice to those who are wavering in their attachment
to the government.

The Committee on Apportionment not having reported, blanks are

• RECONSTRUCTION CONVENTION JOURNAL. 501

left, in the proper places, to be filled up when that committee makes
its leport.

All of wliicli is respectfully submitted.

CARTER,
Chairman.

POLITICAL AND LEGISLATIVE.

Section 1. Be it declared by the people of the S/a/e of
Texas in Conveiition assembled. That the following sections shall
be a part of the Constitution of the State of Texas.

PRIVILEGES OF ELECTORS.

Sec. 2. Electors, in all cases, shall be privileged from arrest
during their attendance at elections, and in going to and returning
from the same, except in cases of treason, felony, or breach of the
peace.

THE LEGISLATURE — STYLE OF LAWS.

Sec 3. The legislative power of this State shall be vested in two
distinct branches ; the one to be styled the Senate, and the other the
House of Representatives, and both together the "Legislature of the
State of Texas." The style of (all) the laws shall be, " Be it
enacted by the Legislature of the State of Texas."

REPRESENTATIVES — TERM OF OFFICE — BIENNIAL SESSIONS.

Sec. 4. The members of the House of Representatives shall be
chosen by the qualified electors, and their term of ofiice shall be four
years from the day of the general election ; and the sessions of the
Legislature shall be biennial, at such times as shall be prescribed by
law.

QUALIFICATIONS FOR REPRESENTATIVES.

Sec. 5. No person shall be a Representative unless he be a citizen
of this State, and shall be a qualified elector at the time of his elec-
tion.

ELECTIONS GENERALLY.

Sec. 6. All elections by the people shall be held at such time and
36

562 RECONSTRUCTION CONVENTION JOURNAL,

places, in the several districts, counties, cities or towns, as are now
or maj hereafter be designated by law.

Sec. 7. The RsDressntatives' Districts shall be as follows :

Sec. 8. The IiOU:3e of Representatives shall consist of ninety
members, and no more.

SENATORS — THEIR TERM OF OFFICE — CLASSIFICATION OF.

Sec. 9. The Senators shall be chosen by the oualified electors,
hereafter, for the term of six years. Those elected at the first elec-
tion shall be divided by lot into three classes, as nearly equal as can
be. The seats of Senators of the first class shall be vacated at the
expiration of the first two years, and of the second class at the
expiration of four years, and the third class at the expiration of six
years ; so that one-third thereof shall be chosen biennially there-
alter.

NEW SENATORS— HOW CLASSIFIED.

Sec. 10. Such mode of classifying new additional Senators shall
be observed as will, as nearly as possible, preserve an equality of
number in each class.

Sec. 11. The Senate shall consist of thirty-three Senators, and no
more.

Sec. 12. The Senatorial Districts shall be as follows:

Sec. 13. A new apportionment for Representative and Senatorial
Districts shall be made by the first Legislature in session after the
oflficiaLpublication of the [Jnited States census, every ten years.

senatorial DISTRICTS.

Sec. 14. When a !" enatorial District shall be composed of two or
more counties, it shall not be separated by any county belonging to
another district.

RECONSTRTTCTION CONVENTION JOURNAL. 563

QUALIFICATIONS FOR SENATORS.

Sec. 15. No person sliall be a Senator unless he be a citizen of
the United States, and of this State, and shall have attained the age
of twentj-five jears.

Sec. 16. The districts for Representatives to Congress shall be as
follows until changed hy law :

Sec. 17. No person shall be eligible to any office, State, county
or municipal, who is not a registered voter in this State.

ORGANIZATION OF THE TWO HOUSES — QUALIFICATIONS — CONTESTED
ELECTIONS QUORUM ADJOURNMENTS.

Sec. 18. The House of Representatives, when assembled, shall
elect a Speaker and its other otncers, and the Senate shall choose a
President for the time being, and its other officers. Each House
shall judge of the qualifications and elections of its own members,
but contested elections shall be determined in such manner as shall
be directed by law. Two-thirds of each House shall constitute a
quorum to do business, but a smaller number may adjourn from day
to day, and compel the attendance of absent members, in such man-
ner and under such penalties as each House may provide.

RULES. — POWER OVER MEMBERS.

Sec. 19. Each House may determine the rules of its own pro-
ceedings, punish members for disorderly conduct, and with the con-
sent of tAvo-thirds expel a member, but not a second time for the
same offense.

JOURNALS.

Sec. 20. Each House shall keep a Journal of its own proceed-
ings, and publish the sam3 ; and the yeis and nays of the msmliers
of either House, on any question, shall, at the desire of any three
members present, be entered on the journals.

564 RECONSTRUCTION CONVENTION JOURNAL.

MEMBERS DISSENTING MAY, &C.

Sec. 21. Any member of either House shall have libortj to dis-
sent from, or protest against any act or resolution which he may
think injurious to the public or an individual, and have the reasons
for his dissent entered on the journals.

VACANCIES IN THE LEGISLATURE.

Sec. 22. When vacancies happen in either House, the Governor,
or the person exercising the power of the Governor, shall issue
writs of election to fill such vacancies ; and should the Governor fail
to issue a writ of election to fill such vacancies, the returning ofiicer
for the district or county shall be authorized to order an election
for that purpose.

member's privileges.

Sec. 23. Senators and Representatives shall, in all cases except
in treason, felony, or breach of the peace, be privileged from arrest
durinof the session of the Le2:islature, and m going to and returning

-from the same, allowing one day for every twenty miles such
member may reside from the place at which the Legislature is

■ convened.

punishments.

Sec. 24. Each House may punish by imprisonment during the
session any person, not a member, for disrespectful or disorderly
conduct in its presence, or for obstructing any of its pi'oceedings ;
provided, such imprisonment shall not any one time exceed forty-
eight hours.

OPEN DOORS.

Sec. 25. The doors of each House shall be kept open.

Sec. 26. Neither House shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that
in'which they may be sitting, without the concurrence of both
Houses.

RECONSTRUCTION CONVENTION JOURNAL. 565

PASSAGE OF BILLS.

Sec. 27. Bills may originate in either House, and be amended,
altered, or rejected by the other ; but no 1)111 shall have the force of
a law until on three several days it be read in each House, and fi-ee
discussion be allowed thereon, unless in case of great emergency
four-fifths of the House in which the bill shall be pending, may
deem it expedient to dispense with this rule ; and every bill having
passed both Houses shall be sigsied by the Speaker- and President of
their respective Houses ; })rovided, that the final vote on all bills or
joint resolutions appropriating money or land for any purpose, shall
he on yeas and nays.

INDIVIDUAL REAL ESTATE NOT TO BE SOLD BY ANY PRIVATE OR

SPECIAL LAW.

Sec. 28. The Legislature shall not authorize, by private or special
law, the sale or conveyance of any real estate belonging to any per-
son, or vacate or alter any road laid out by legal authority, tor any
street in any city or village, or in any recorded town plat, but shall
provide for the same by general laws.

BILLS FOR REVENUE.

Sec. 29. All bills for raising revenue shall originate in the House
of Representatives, but the Senate may amend or reject them as
other bills.

REJECTED BILLS.

Sec. 30. After a bill or resolution has been rejected by either
branch of the Legislature, no bill or resolution containing the same
substance shall be passed into a law during the same session.

SALE OF LOTTERY TICKETS PROHIBITED.

Sec. 31. The Legislature shall not authorize any lottery, and
shall prohibit the sale of lottery tickets.

COMPENSATION OF MEMBERS.

Sec. 32. Each member of the Legislature shall receive from the
public Treasury a compensation for his services, which may be in-

566 RECONSTRUCTION CONVENTION JOURNAL.

creased or diminished bj law ; but no increase of compensation shall
take effect during the session at which such increase shall be made.

INELIGIBILITY OF MEMBERS TO OTHER OFFICES. — PRESIDENT PRO
TEM. OF SENATE. — SPEAKER OF THE HOUSE.

Sec. 33. No Senator or Representative shall, while a member of
the Legisiatare, be eligible to any civil office of profit under this
State, which shall have been created, or the emoluments of which
may have been increased during such term ; and no member of
either House of the Legislature shall, while a member of the Legis-
lature, be eligi^de to any office or place, the appointment to which
may be made in whole or in part, by either branch of the Legisla-
ture ; nor shall the members thereof be capable of voting for a mem-
l^er of their own body, for any office whatever, except it be in such
cases as are herein provided. The President for the time being of
the Senate, and Speaker of the House of Representatives, shall be
elected from their respective bodies.

HOLDERS OF LUCRATIVE OFFICES INELIGIBLE. NO TWO OFFICES OF

TRUST OR PROFIT TO BE HELD BY THE SAME PERSON. .

Sec 34. No Judge of any court of law or equity. Secretary of
State, Attorney General, Clerk of any court of recoi'd, Sheriff, or
Collector, or any person holding a lucrative office under the United
States or this State, or any foreign government, shall be eligible to
the Legislature, nor shall at the same time hold or exercise any two
offices, agencies or appointments of trust or profit under this State,
provided, that offices of militia to which there is attached no annual
Hilary, the office of postmaster, notary public, and the office of
justice of the peace, shall not be deemed lucrative: and that one
person may hold two or more county offices, if so provided by the
Legislature.

COLLECTORS AND HOLDERS OF PUBLIC MONEY INELIGIBLE.

Sec. 35. No person who at any time may have been a collector
of taxes, or who may have been otherwise entrusted with public
money, shall be eligible to the Legislature, or to any office of profit
or trust under the State Government, until he shall have obtained
a discharge for the amount of such collections, and for all public
moneys with which he may have been entrusted.

RECONSTEUCTION CONVEXTION JOURNAL. 567

CERTAIN ELECTIONS GENERAL.

Sec. 36. Elections for Senators and Representa-tives sliall bo gen-
eral throughout the State, and shall be regulated by law.

APPORTIONMEXT OF SENATORS.
•

Sec. 37. The whole number of Senators sh;ill, at the next ses-
sion after the several periods of making the enumeration, be fixed
hy the Legislature, and apportioned among the several districts to
be established by law. according to the number of qualified electors,
an;! shall never be less than nineteen, nor more than thirty-three.

COMPENSATION OF MEMBERS OF LEGISLATURE.

Sec. 88. The members of the Legislature shall, at their first ses-
sion hereafter, receive f'lom the Treasury of tlic State, as their com-
pensation, eight dollars for each day they shall be in attendance,
and eight dollars for each twenty-five miles in traveling to and from
the scat of government. The above rates of compensation shall re-
main till changed by law.

IN CONTESTED ELECTIONS, WHO ARE ENTITLED TO PAY.

Sec. 39. Li case of a contested election, only the claimant deci-
ded entitled to the seat, in either House in which the contest may
take pla'^e, shall receive fi'om the State per diem compensation
and mileage.

SENATORS, THEIR ELECTION, &C. — ADOPTION OF THE 14tH ARTICLE
OF AMSXDMEXT TO THE CONSTITUTION.

Sec. 40. The Legislatm-e shall proceed, as early as practiealde,
to elect Senators to 'represent this Stite in the Senate ol the United
States, and also provide for future elections of Representatives to
the Congress of the United States ; and on the second Tuesday after
the first assembling of the Legislature after the ratification of this
Constitution, the Legislature" shall proceed to ratify the proposed
14th Article of Amendment to the Constitution of the United States
of America.

APPROVAL OF BILLS AND RESOLUTIONS BY THE GOVERNOR.

Sec. 41. Every bill and concurrent resolution, e.xcept of adjourn-

568 EECON3TEUCTlO?;r COIS'VBNTTON JOURNAL.

ment, passed bj the Legislature, shall be presented to the Gorernor
for approval before it becomes a law. If he approve, he shall sign
it ; if not, he shall return it with his objections to the House in
which it originated, which shall enter the objections at large upon
its journal, and reconsider it. On such reconsideration, if a two-
third majority of the members elected agree to pass the bill, it shall
be sent with the objections to the other House, bj which it shall be
reconsidered. If approved by a two-third majority of the members
elected to that House, it shall become a law. In such cases the-
vote of both Houses shall be determined by yeas and nays, and the
names of the members voting for and against the bill shall be entered
on the journal of each House respectively. If any bill be not re-
turned by the Governor within five days, (Sundays excepted,) after
it has been presented to him, the same shall become a law in like
manner as if he had signed it, unless the General As-;embly, by their
adjournment, prevent its return, in which case it shall not become a
law. The Governor may approve, sign and file in the office of the Sec-
retary of State, within five days after the adjournment of the General
Assembly, (or Legislature,) any act passed during the last three
days of the session, and the same shall become a law.

WHO ARE CITIZENS OF THE STATE OF TEXAS.

Sec. 42. All persons born or naturalized in the LTnited States,
and subject to the jurisdiction thereof, and aliens who have declared
their intention to become citizens of the United States, and actually
residing in the State, are citizens of the State of Texas.

WHO ARE QUALIFIED VOTERS REGISTRATION OF VOTERS MUST BE

MADE THIRTY DAYS BEFORE AN ELECTION TO ENTITLE THEM TO A
VOTE.

Sec. 43. From and after the acceptance of this Constitution by
the Congress of the United States, every male citizen of this State^
Avho shall be twenty-one years old and upward — Indians who are not

taxed, excepted provided he make oath that he has not been

convicted of felony at common law, nor is disqualified by the laws
of the United States, nor by participation in the late rebellion, shall
be entitled to have his name entered on the registration list ; and
when such entry shall have been made at least thirty days previous
to the election for which he ofiers to vote, he shall be deemed a
qualified elector for the State, district, county or corporation whei'e
his name is rea;istered.

RECONSTRUCTION CONVENTION JOURNAL. 569

WHO SUALL CONST FTUTE A BOARD OF REGHSTRATION.

Sec. 44. It shall be the dutj of the police, or county court, in
every organizod county, to perform the duties of a Registration
Board, under such regiilatioas as the Legislature may hereafter
direct.

EVERY PERSON APPLYING FOR REGISTRATION HEREAFTER MUST TAKE

AN OATH, ETC.

Sec. 45. Every person making application for having his name
entered on the registration list, shall swear and subscrilje to the fol-
lowing oath : I , do solemnly swear (or affirm,) that

I am a citizen of the United States, that I have resided in this State
six months next preceding this d;iy, (or, that I am a citizen of this
State, thai I have declared my intention of becoming a citizen of the
United States, and resided in thjs State tweh'e months preceding
this day,) and now reside in the county of ; that I am twen-
ty-one years old ; that I have not been disfranchised for participation
in iiny rebellion or civil war against the United States, nor for
felony committed against the laws of any State, or of the United
States; that I have never been a memljer of any State Legislature,
nor held any executive or judicial office in any State, and after-
wards engaged in insurrection or rebellion against the United States,
or given aid or comfort to the enemies thereof; that I have never
taken an oath as a rneml^er of Congress of the United States, or as
an officer of the Unit -d States, or as a member of any State Legis-
lature, or as an executive or judicial officer of any State, to support
the Constitutiori of the United States, and afterwards engaged in in-
surrection or rebellion against the United States, or given aid or
comfort to the enemies thereof; that 1 have not voted as a member
of any Convention or Legislature in favor of an Ordinance of Seces-
sion ; that I was not a member of any secret order hostile to the
government of the United St ites ; that, as a minister of the Gospel
or editor of a newspaper. I did not advocate secession, nor did I sup-
port rebellion and war against the United States : and that I -will
faithfully support the Constitution and obey the laws of the United
States, and of this State, and will, to the best of my ability, en-
courage others so to do. So help me God.

LEGISLATURE HAS THE POWER TO REMOVE DISABILITIES.

Sec. 46. The Legislature shall have the power, with a two-third

570 RECONSTRUCTION CONVENTION JOURNAL.

vote of all the members of both Houses, to remove the political dis-
abilities as specified in the above oath.

WHEN DISABILITIES ARE CONSIDERED REMOVED.

Sec. 47. The recommendation of the Convention to the Congress
of the United States for pardon, shall be considered equivalent to
removal of political disabilities bj the Legislature, and any person
thus enfranchised shall, before registering his name, swear and sub-
scribe to the following oath : I, , do solemnly swear, (or

affirm, ) that I am a citizen of the United States, that I have resided
in this State six months next preceding this day, (or, that I am a
citizen of this State, that I have declared my intention of becoming
a citizen of the United States, and resided in this State twelve
months next preceding this day,) and now reside in this county ;
that I am twenty-one years old ; that I am not disfranchised for
committing a crime punishable in the penitentiary ; that I am re-
lieved of all political disabilities by the Legislature of this State and
by the Congress of the United Sfates ; that since the adoption* of
this Constitution I was not a member of any secret order hostile to
the United States, and that I will faithfully support the Constitution
ami obey the laws of the United States, and of this State, and will,
to the best of my ability, encourage others so to do. So help me
God.

On motion the reading of the repoit was dispensed with and or-
dered to be printed.

Mr. Burnett offered the following resolution :

Whereas, it is reported that a member of this Convention has, in
violation of the constitution and laws of the State of Texas, sent a
challenge to another member of this Convention to fight a duel, and
whereas justice to said member and this Convention requires that
the facts be known; therefore

Resolved, That a committee of three be appointed by the presi-
dent to inquire into the facts and report by resolution or otherwise.

llr. Burnett moved a suspension of the rules to take up resolu-
tion.

-Lost.

Mr. Butler moved a suspension cf the rules for consideration of
report of the Committee on Penitentiary.

Carried.

Mr. Lindsay moved that the report be referred to the Committee
on State Affairs.

Carried.

EECONSTRUCTIOX CONVENTION JOURNAL. 571

Mr. Sumner offered the following resolution :

Whereas, a great many members of this Convention have good
and sufficient cause to com})lain in regard to their mail being taken
out of their boxes without their knowledge or consent; therefore
be it

Resolved, That any person interfcving, or taking the mail of any
meml)or of this Convention, when not authorized so to do, will be
considered extremely officious and deserves tlie displeasure of this
Convention.

Mr. Sumner moved a suspension of rules for the consideration of
the lesolution.

I ost.

Mr. Burnett offered the following resolution :

Ncsolred. That this Convention will henceforth confine its labors
and deliberations to the framing of a constitution for the people of
Texas, unless otherwise authorized or instructed by the Congress of
tlie United States; and that all declarations, resolutions, and matters
whatever of a legislative ehaiacter. or not pertaining to the organic
law of the State, are hereby indefinitely postponed.

Mr. Slaughter moved to reject the resolution, upon which the yeas
and nays Avere demand.d. and resulted thus :

Yeas — Armstrong of Lamar, Bell, Board, Brown, Buffington,
Butler, Carter, Cole, Constant, Downing, Evans, of Titus, Flana-
gan, \'{. Flanagan, Fleming, Foster, Hamilton of Travis, Harris,
Harn, Hunt, Jordan. Kealy, Kuechler, Leib, Long, MeCormick,
McWashington, Mundine, Newcomb, Oaks, Pedigo, Phillips of
Wharton, Slaughter, Smith of Galveston, Yarnell, Vaughau, Wa-
trous, Wilson, of Biazoiia, Wright — 39.

Nays — JSIessi's. President, Adams, Armstrong of Jasper, Bledsoe,
Biyant of Grayson, Bryant of Harris, Burnett, Coleman, Curtis,
Degener, Evans, of McLennan, Gaston. Glenn, Giigsby. Home,
Johnson of Harrison, Johnson of Calhoun, Keigvrin, Kendal, Lind-
say.Mackey, Morse, Muckleroy, Mullins, IMunroe, Patten, Phillips
of San Augustine, Posey, Rogers. Scott, Sumner, Thomas, Whit-
moie, Wilson, of Milam, Yarborough — 35.

So the Convention rejected the resolution.

j\lr. Bryant, of Harris, offered the ibllowing resolution, and asked
its reference to the Committee on State Affairs.

Hesolred, That any per.son charged with having committed a
capital offence shall not be discharged or admitted to bail by a jus-
tice of the peace, after examination by such justice of the peace.

It was so referred.

The president announced the unfinished business of yesterday

572 KECONSTRUCTION CONVENTION JOURNAL.

was upon motion to re-commit section 7 of the report of the Exec-
utive Committee, then under consideration.

The Convention refused to re-commit.

Mr. Flanagan moved the previous question upon the adoption of
section 7.

Previous question seconded.

Mr. Slaughter moved call of the House,

Call sustained.

Absentees — Smith of Marion, Stockbridge and Talbot — 3.

The president announced that the hour had arrived for the con-
sideration of the report of the Coaamittee on General Provisions.

Mr. Hamilton, of Travis, moved to postpone the consideration of
the report until next Monday, the 3d of August, at 10 o'closk.

Carried.

Absentees reported.

The question recurred : " Shall the main question be noAv put?"
upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Limar, Board, Boyd, Brown, Buffington, Burnett, Carter, Cole,
Coleman, Constant, Evans of Titus, Fayle, Flanagan, W. Flana-
gan, Fleming, Gaston, Glenn, Grigsby, Hamilton of Travis,
Hirn, Home, Johnson of Calhoun, Jordan, Kealy, Keigwin, Lind-
say, ISiackey, McCormick, ISIcWashington, Mills, Muckleroy Mul-
lins, Munroe, Pedigo, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Scott, Smith of Galveston, Stockbridge,
Varnell, Vaughan, Whitmore, Williams, Wilson of Brazoria,
Wright— 49.

Nays — Messrs. President, Bell, Bellinger, Bledsoe, Bryant, of
Grayson, Bryant of Harris, Butler, Curtis, Degener, Downing,
Evans of McLennan, Foster, Goddin, Hairis, Hunt, Johnson of
Harrison, Kendal, Keuchler, Leib, Lippard, Long, Morse, Mun-
dine, Newcomb, Oats, Patten, Ruby, Schuetze, Slaughter, Smith
of Marion, Sumner, Talbot, Thomas, Watrous, Wilson of Milam —
—35.

So the main question was ordered.

The question recurring upon the adoption of section 7, as amended,
the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Board, Brown,
Boyd, Buffington, Burnett, Carter, Cole, Coleman, Constant, Evans
of McLennan, Evans of Titus, Fayle, Flanagan, W. Flanagan,
Fleming, Gaston, Glenn, Grigsby, Hamilton of Travis, Harn,
Home, Johnson of Harrison, Johnson of Calhoun, Kealy, Keigwin,
Lindsay, Mackey, McCormick, Mc Washington, Mills, Muckljroy,
Mullins, PedigOj Phillips of San Augustine, Phillips of Wharto:i,.

RECONSTRUCTION CONVENTION JOURNAL. 573

Posey, Rogers, Scott, Smith of Galveston, Stockbridge, Varnell,
Vauglian, VVhitmore, Williams, Wilson of Brazoria, Wright, Yar-
boiuiigli — 50.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Bi-jant of Grayson, Bryant of Harris, Butler, Curtis,
Degener, Downing, Foster, Goddin, Harris, Hunt, Jordan, Ken-
dal, Keuchler, Leib, Lippaid, Long, Morse, Mundine, Kew-
coml), Oaks, Patten, Ruby, Schuotze, Slaughter, Smith of Ma-
rion, Sumner, Talbot, Thomas, Watrous, Wilson of Milam — 35.

bo section 7 was adopted.

Mr. Evans, of McLennan, moved a reconsideration of the vote
upon the ado^jtion of section 7.

Mr. Flan;, ^an moved to lay the motion upon the table.

Mr. Evans, of McLennan, moved a call of the House.

Call sustained.

Absentees — Messrs. Butler, Gaston and Varnell.

Absentees reported.

Upon the motion of Mr. Flanagan to lay the motion to reconsider
upon the table, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Aimstrong of
Lamar, Board, Boyd, Brown, Buffington, Burnett. Carter, Cole,
Constant, Evans of Titus, Fayle, Flanagan, W. Flanagan, Flem-
nig, Gaston, Glenn, Grigsby, Bamilton of Travis, Earn, Home,
Johnson of Calhoun, Jordan, Kcaly, h eigwin, Lindsay, Mackey,
M\'Corniick, McWashington, Mills, Muckleroy, Mullins, Munroe,^
Pedigo, Phillips of San Augustine, Phillips of Whaiton, Posey,
Rogers, Scott, Smith of Galveston, Stockbridge, Varnell, Vaughan,
Williams, Wilson of Brazoria, Wright — 47.

Nays — jSIessrs. President, Bell, Bellinger, Bledsoe, Bryant of
Grayson, Bryant of Harris, Butler, Coleman, Curtis, Degener,
Downing, Evans of McLennan, Foster, Goddin, Harris, Hunt,
Johnson of Harrison, Kendal, Kuecliler, Leib, Lippard, Long,
Morse, Mundine, Newcomb, Oaks, PiittL-n, Rul)y, Schuetze, Slaugh-
ter, Smith of jMaiion, Sumner. Talbot, Thomas, Watrous, Whit-
more, Wilson of Milam, Y^arboiough — 38.

So the motion to reconsider was laid upon the table.

Mr. Burnett moved the adoption of section 8.

^Iv. Hamilton moved to amend by inserting after the word ''place,''
in the third line of section 8, the words ■ -within the State.""
Amendment adopted.

The question recurred upon the adoption of section 8, as
amended.

It was adopted.

Mr. Munroe offered the following amendment to section 9 :

674 ■ RBCONSTRtJCTION CONVENTIOISr JOUR.NTAL.

Insert in second line instead of the word "their" the word "its.''

The amendment was lost.

The Convention adopted section 9.

On motion, section 10 was adopted.

Mr. Evans, of McLennan, ofi'ered the following amendment to
section 11 :

Strike out words "except treason and impeachment," in line one.

Mr. Sumner moved that the amendment be laid upon the table.

Carried.

Mr. Evans, of McLennan, offared the following amendment :

Section 11, line one, strike out the words "after conviction."

Mr. Sumner moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bellinger, Board, Boyd, Brown, Bryant of
Grayson, Buffi iigton, Burnett, Carter, Cole, Evans of Titus,
Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn, Grigsby,
Hamilton of Travis, Harn, Johnson, of Harrison, Johnson, of
Calhoun, Jordan, Kealy, Keigwin, Leib, McCormick, McWash-
ington, Mills, Morse, Muckieroy, Muliins, Mundine, Munroe,
Phillri:)s, of San Augustine, Phillips of Wharton, Rogers, Scott,
Slaughter, Smith of Galveston, Stockbridge, Sumner, Talbot,
Varnell, Vaughan, Watrcus, Whitmore, Williams, Wilson of
Brazoria, Wilson of Milam. Wright, Yarborough — 55.

Nays — Messrs. Bell, Bledsoe, Bryant, of Harris, Curtis, Degener,
Downing, Evans, of McLennan, Harris, Hunt, Kendal, Kuechler,
Lindsay, Lippard, Long, ISewcomb, Oaks, Patten, Posey, Ruby,
Schuetze, Smith of Marion, Thomas, — 22.

So the amendment was laid upon the table.

Mr. Evans, of McLennan, offered the following amendment :

In section 11, strike out the proviso.

The Convention refused to adopt the amendment.

Mr. Sumner offered the following amendment :

In section 11, amend by striking out all of line- three, excepting
four first Avords, and all of lines four and five.

The question recurring upon the adoption of the amendment,
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Bryant, of Harris, Goddin, Harn, Lippard, Long,
Newcomb, Oaks, Patten, Ruby, Smith of Marion, Sumner— 11.

Nays—Messrs. President, Adams, Armstrong, of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Board, Boyd, Bryant of
Grayson, Buffington, Burnett, Carter, Cole, Coleman, Constant,
Curtis, Downing, Evans of McLennan, Fayle, Flanagan,- W.

RECONSTRTJCTIO:^ CONVENTION JOURNAL. 5T5

Flanagan, Fleming, Foster, Gaston, Glenn, Grigsby, Hamilton of
Ti'avis, Harris, llonic, iiunt, Joliii.son, of Calhoun. Jordan, Kealy,
Koigwin, Kendal, Kuechlcr, Leib, Lindsay, IMcCormiek, Mc-
Wasliington, Mills, Morse, Mucklevoy, MuUins, Mundine, Munroe^
Pedigo, Phillips, of San Augustine, Phillips, of Wharton, Posey,
Rogers, Seott, Smith of Gralvcstou, Stoekhvidgc, Talbot, Tliomas,
Varnell, Yaughan, Watrous, Whitmore, Wilson of Brazoria,
Wilson, of Milam, Wright — G4.

So the Convention refused to adopt the amendment.

Mr Scott offered the following amendment :

In third line, I>etween "of" and "the," insert "three-fourths.'^

^Ir. Blunroe moved to lay the amendment upon the table.

Carried.

Mr. Burnett offered the following amendment :

la third line, after "forfeitures," add "excepting costs."

The question recurred upon the adoption of the amendment.

It was not agreed to.

Section 11, upon motion, was adopted.

Section 12, upon motion, was adopted. ,

Section 13, upon motion, was adopted.

Section 14, upon motion, was adonted.

Mr. Evans, of McLennan, offered the following amendment to
section 15 :

Strike out "there shall also be elected by the qualified voters of
the State," and insert "the Governor shall appoint."

Upon motion, the amendment was laid u^ on tiie table.

I^ir. Long, of Freestone, offered the following substitute for
section 15 :

That no person shall be eligible to the office of Governor or
Lieutenant Governor, Commissioner of General Land Office,
Tieisurer, Comptroller, Secretary of State, or Attorney General,
unless such person shall have owned twenty slaves, and that any
such person offering as a candidate for any of the above offices shall
not be less than thirty years of age, and have resided in the Stjite at
least thirty years next proceeding his election ; and that no election
shall be held in this State for any office except for that of Governor ;
provided, th:it no person of African or Dutch descent shall be eligible
to vote at any election in this State. And piovided. That the
Governor shall have the right to appoint ail tlie officers of this
State, and the officers so appointed shall possess the same qualifica-
tions as the Governor.

I'Jr. Hamilton, of Travis, moved that the substitute be rejected.

Upon which the yeas and nays were demanded, and resulted thus :

¥eas — Messrs. President, xidams, Armstrong of Jasper, Arm-

576 RECGNSTKUCTIGIT CONVENTIOX JOUivNA^.

strong of Lamar, Bell, Bellinger, Board, Bryant of Grayson, Bryant
of Harris, Buffington, Burnett, Carter, Cole, Constant, Curtis,
Degener, Downing, Evans of McLennan, Evans of Titus, Eayle,
Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn, Grigsby,
Hamilton of Travis, Harris, Harn, Home, Hunt, Johnson of Har-
rison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal,
Kuechler, Lindsay, Lippard, McCormick, McWashington, Mills,
Morse, Muckleroy, Mullins, Mundine, Munroe, Newcom]), Oaks,
Pedigo, Phillips of San Augustine, Phillips of Whaiton, Posey,
Rogers, Ruby, Scott, Slaughter, Smith of Galveston, Smith of
Marion, Stockbridge, Sumner, Talbot, Thomas, Varnell, Vaughan,
Watrous, Whitmore, Williams, Wilson, of Brazoiia, Wilson of
Milam, Wright, Yarborough — 71.

Nays — Messrs. Bledsoe, Boyd, Brown, Coleman — 4.

So the substitute was rejected.

Section 15, on motion, was adopted.

Mr. Wrii>;ht offered the following amendment to section 16.

Strike out the words "twenty-five hundred dollars per annum,"
and insert "fixed by the Legislature."

Upon motion,- the am^endment was laid upon the table.

Mr. Sumner offered the following amendment ;

Amend by inserting the words "two thousand," in the place of
"twenty-five hundred."

Mr. Oegener moved to lay the amendment upon the table.

Carried.

Mr. Thomas moved that section 17, of the original report, be
substituted for section 16.

The question recurring upon the adoption of the substitute, the
yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Bell, Bellinger, Bledsoe,
Board, Brown, Bryant of Grayson, Bryant of Harris, Buffington,
Burnett, Cole, Coleman, Curtis, Downing, Evans of Titus,
Flanagan, Fleming, Foster, Gaston, Glenn, Grigsby, Hamilton
of Travis, Harris, Harn, Home, Johnson of Harrison, Jordan,
Kealy, Keigwin, Kendal, Leib, Lindsay, Long, McWashington,
Mills, Morse, Muckleroy, Munroe, Phillips of San Augustine,
Phillips of Wharton, Posey, Rogers, Scott, Smith of Galveston,
Stockb)-idge, Talbot, Thomas, Varnell, Vaughan, Watrous, Whit-
more,Wilson of Milam, Wright — 53.

Nays — Messrs. President, Adams, Boyd, Butler, Carter, Degener,
Evans of McLennan, Fayle, W. Flanagan, Hunt, Johnson of
Calhoun, Keuchler, Lippard, McCormick, Newcomb, Oaks,
Slaugliter, Smith of Marion, Sumner, Williams, Wilson of Brazoria
—21.

REGONSTRTJCTION CONVENTION JOURNAL. 577

So the substitute was adopted.

Mr. Pedigo offered the following amendrinnt :

Amend by striking out the whole of section IG, and inserting in
lieu thereof the following, viz :

Sec. 16. The President of the Senate sh.ill bj cx-officlo Lieuten-
ant Governor, and in case of the death, resignation, removal from
office, inability or refusal of the Governor to serve, or of his im-
jjcachment or absence from the State, the Lieutenant Governor shall
exercise the powers and authority appertaining to the office of
Governor, until another be chosen at the periodical election, and be
duly qualified, or until the Governor impeaclied, absent or disabled,
shall be acijuitted, return, or his disability be removed.

By leave of the Convention, the amendment was withdrawn.
[Mr. Evans, of McLennan, in the chair. |

Tilr. Davis, of Nueces, offered the following amendment :

Amend by inserting after words "shall be," on third line, the
words, "twice the per diem or pay of a Senator," and strike out the
words "the same as that of the Speaker of the House of Represen-
tatives."

L'^pon motion, the amendment was adopted.

On motion, section 16, as amended, vras adopted.

On motion the Convention adjourned until to-morrow mornino'. at
nine o'clock.

€APITOL, AUSTIN, TEXAS,
July 30, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

]Mr. Hunt, from the Committee on State Affairs, made the follow-
ing report and accompanying declaration :

Committee Room,
Austin, Texas, Julv 30, 1868.
To the Hon. E. J. DAVIS,

President of the Convention *

Sib : A majority of your Committee on State Affairs, to whom
was referred the declaration introduced by the Hon. T. H. Mundine,
of the county of Burleson, to extend the right of suffrage to all citi-
37

578 EECOMSTEUCTIOK CONVENTION JOUSIS^AL,

zens of the State oy:!r tlie age of twentj-one years, possessing the
requisite qualiiioatioas for electors, have examined with much care
said declaration, and considered tiie object sought to bo accomplished,
and have arrived at the conclusion that said declaration ought to be
a part of the organic law.

it was said by George Washington that the safety of republican
governments depoijds upon the virtue and intelligence of the people.
This declaratio.i is not a new theory of government ; for the first
time proposed to be ma;Ie a part of our republican institutions, the
ide.x of exteiiuiiig I1.0 o..Jtive franchise to females has been exten-
sively discussed bolii in Great Britain and in the United States.

Your committee are of the opinion that the true basis of repub-
lican government must ever depend on the wisdom and virtue of the
people.

In this State our system of jurisprudence is a combination of the
civil and Spanish law, intermixed with the common lavv' of England ;
and this pecuhar system, just in all its parts for the preservation of
the rights of married and unmarried women, is likely to be con-
tinued.

The time was when v/oman was regarded as the mere slave of
man ; but that time was when ignorance prevailed, and learning was-
confined to the few. It was believed, in order to perpetuate the
pretended Divine right of kings to. rule, that tlie mass of the people
should be kept in profound ignorance, and that woman was not
entitled to the benefits of learning at all.

It is not remarkable that as the benign principles of Christianity
have been promulgated, that free government has steadily progressed,
and the natural arid Divine rio-hts of vv'oman have been recoo-nized.

That government fiom which we borrowed the main principles of
our free constitution, and from which we v/rested our independence,
even to this day, though its soil is dedicated to freedom, its people
enlightened and christianized, yet it maintains that the individuality
01 vroman, upon marriage, is lost and swallowed up in the supeiiority
of man.

The principles of the common lav,' have gradually given way to
our more advanced ideas of civilization. Under the system, of
laws now in force in many of the States of the American Union,
the natural rights which appertain to human intelligence are
guarded and protected by the organic and statute laws of the States.

The old Constitution of the Republic of Texas, the Constitution of
the State of Texas 0':" 18-15, the laws enacted for the protection of
married women, the many learned decisions of the Supreme courts
of Texas and Louisiana, and other courts, clearly indicate that the"
march of intelligence is onward, and that oar advanced civilization

RECONSTRUCTION CONVENTION JOURNAL, 579

hns approximated to the period ^vlien otlier and more sacred rights
arc to be conceded.

Is it just that woman, who bears her reasonal^le portion of the
burdens of government, sliould be denied the right of aiding in the
enactment of its hiws ?

It may bo truly said tliat all just governments are foun<led on the
consent of the governed ; yet woman has no voice, and her indivi-
duality is lost.

The present generation has more educated women than men, as
teachers, as writers, as operators, as clerks, in fact, in every depart-
ment of life; in faith, in virtue, in knowledge, in sagacity, in the
practice of pure religion, >Ye gi\'e it as the result of human
experience tluit Avoman is the ecjua; and, in many respects, superior
to man.

When was it, when a down-trodden people were struggling for
freedom of thought, of speech, of action, and, abo\^e all, the freedom
of conscience, that neglected and always fliithful woman failed to
keep the fires of patriotism continually burning ?

In no age, country or clime, though woman was almost accounted
a servant, has her devotion, patriotism, integrity and self-sacrificing
di>position been less than that of man.

In all great moral reforms and distribution of universal charity,
in the diffusion of knowledge and virtue, woman has borne well her
part.^

^^ hen the blood of the Savior was poured out upon the mount,
she was the last to linger about the cross, and the first at the
tomb of the resurrected Lord.

The question of extending the freedom of the ballot to woman, may
well claim the attention of the Irav- maker ; and in view of the im-
portance of the subject, a majority of your committee earnestly
recommend the passage of the declaration.

H. C. HUNT. Chairman.
T. H. MUNDOE.
BENJAMIN S. WATROUS,
WM. H. FLEMING,
L. P. HARRIS.

DECLARATION

Be it declared by the people of Texas in Conrejftion assem^
bled. That the follovring shall be a section of the Constitution of the
State of Texas, knoAvn as section of article :

Every person, without distinction of sex. who shall have arrived
at the age of twenty-one years, and who shall be a citizen of the

580 RECONSTRUCTION CONVENTION JOURNAL.

United States, or is. at the time of the adoption of this constitu-
tion hj the Congress of the United States, a citizen of the State
of Texas, and shall have resided in this State one year next pre-
ceding an election, and the last six months within the district,
countj, citj or town in which he or she offers to vote (Indians not
taxed excepted) shall be deemed a qualified elector ; and should such
qualified elector happen to be in another countj, situated in the dis-
trict in which he or she resides at the time of an election, he or she
shall be permitted to vote for any district officer; provided, that the
qualified electors shall be permitted to vote anywhere in the State
for State officei'S ; and provided, further, that no soldier, seaman or
marine, in the army or navy of the United States, shall be entitled
to vote at any election created by the constitution.

]SIr. Adams, from the Committee on State Affairs, made the fol-
lowing minority report :

Hon. E. J. DAVIS,

President Convention :

Sir : We, the undersigned, members of Committee on State
Affairs, after examining the declaration presented by Mr. Mundine
on female suffrage, respectfully present this minority report, and
unhesitatingly state that we are opposed to female suffrage ; not be-
cause we think them of less capacity than men. but, forsooth, we
think that by the very law of their nature they are transcending
above an active participation in the government of the country, and
because of their native modesty and inborn refinement of feeling,
causes every true woman to shrink from mingling in the busy noise
of election days. They are conscious that they exercise, by keeping
themselves in their appropriate spheres, and by exhibiting all those
gentle qualities directly opposed to the rougher sex in their capacities
as wives and mothers, an influence mightier, far, than that of the
elective franchise. We are opposed to it, further, because we believe
that the good sense of every true woman in the land teaches her that
granting them the power to vote is a direct, open insult to their sex,
by the complication that they are so unwomanly as to desire the
privilege.

"We, tlierefore, believe that such a declaration should not pass this
body of gentlemen.

P. P. ADAMS,
A. BUFFINGTOK

RECONSTRUCTION CONVENTION JOURNAL. 581

]\Ir. Armstrong of Jasper, from Committee on Political or Legis-
lati\'e, made the tblloAving minority report:

Hon. E. J. DAVIS,

President of the Convention :

The undersigned, being a minority of the Conimittee on Legisla-
tion, respecti'uilj dissent from so nuich of the report of tlie majority
and accompanying declaration as pi eposes to exclude citizens of our
State from the privilege of suffrage for participation in the late re-
bellion, and so dissent for many reasons, some of which are the fol-
lowing :

We believe that the reconstruction acts of Congress are in the na-
ture of a bill of attainder against this State, and against a very
large majority of the citizens thereof, and said acts are e.r post facto
in their enactment and intended operation, and in conflict with the
Constitution of tlie United States, which prohibits Congress pass-
ing bills of attaindes- and ex post facto laws ; and therefore this
Convention can derive uo power from said reconstruction acts by
which to abridge or deprive this State, and the people thereof, of the
right of suffrage, or any privileges connected therewith, for partici-
pation in the late rebellion.

The undersigned further hold to the belief that neither the four-
teenth article of amendment, or the said reconstruction acts, author-
ize this Convention to interrupt or defeat any citizen in the exercise
of the privilege of suffrage, by him heretofore enjoyed, for partici-
pation in the late rebellion ; nor can any citizen be in any manner
charged and adjudged without due course of law.

The undersigned hold to the principle that all men are presumed
innocent till declared grilty by due course of law, and that no citi-
zen of the United States can be charged by this Convention for re-
bellion against the government of the United States, nor prosecuted
by the governmjnt of the United States, for j>iirtici{)ation in the late
rebellion, after three years from the termination of the same.

If the citizens of our State were ever liable to prosecutioii by the
government of the United States for participation in the late rebel-
lion, then we say that all have been fully acquitted and discharged
therefrom by the executive nroclamations of amnesty and paidon of
December 8, I860, March 26, 1864, May 29, 1865 and July 4,
1868.

Some contend that the government of the United States obtained
Texas by conquest from the de facto government of the Confede-
rate States, and if tliat be true (which is not admitted by us), we
hold that the people of Textis, as citizens of said de facto govern-

582 :aECONSTRUCTIO]Sr coistvention jouristal.

ment, parted with to the United States nothing more than their alle-
giance to said de facto government, according to the usages of na-
tions.

And we say further, that the Confederate authorities did not sur-
render at discretion, but on terms specified in their treaty of sur-
render, and whioh terms have been complied with, and being citii^ens
of the United States bj operation of said treaty or treaties, neither
by the action of Congress or of this Convention can they be dis-
turbed or defeated in. the exercise of all the rights and privileges of
citizens of the United States and of this State, including suffrage,
for participation in the late rebellion.

It i?, therefore, our deliberate opinion, that every male citizen of
this State, of European or. Mexican origin, who is twenty-one years
old, is as legally and fully entitled to exercise the privilege of suf-
frage as Thaddeus Stevens, of Pennsylvania, and we therefore recom-
mend that so much of said majority declaration as provides for the
exclusion of persons from the privilege of suffrage for participation
in the late rebellion, or for being in any manner connected therewith,
be stricken out.

E-espestfully,

ARMSTRONG OF JASPER,
WEBSTER FLANAGAN.

Mr. Armstrong of Jasper made the following additional report :

Hon. E. J. DAVIS,

President of the Convention :

The undersici;ned, beino; one of the Committee on Le2:islation, re-
spectfully dissents from the report of the majority, and accompany-
ing declaration, proposing to invest negroes with the privileges of
citizenship and suffrage, and say it is my opinion that all political
power ought to be and«remain exclusively with the races of Euro-
pean and Mexican origin, as heretofore^ and that the civil rights of
negroes should be subject to the control of future legislation, and
the undersigned holds to the belief that negroes are without sufficient
understanding for the proper exercise of this privilege of suffrage ;
are only capable of 1)eing the instruments of power in the hands of
the white race, to the destruction of good government.

The undersigned has based his conclusions of negro incapacity on
many grounds, but at present Avill refer to the size of his brain, the
average of which is sixty-six cubic inches, whilst the average of the
East Indian is eighty-four, and of the white man ninety-six, as
found by scientific Frenchmen in their measurement of one thousand

RECONSTRUCTION CONVENTION JOURNAL. 583

of each race ; and I also refer this Convention to the history of the
negro race since o'eation.

And the nndersi<>;iied believes, th-it owino; to the great physical an^l
nientr.l difference hetueen the white and negro races, they can nut,
ought not, to be connected in the exercise of political pov/'jr, and be-
lieves that the same municipal regulations are not, can not, be adap-
ted to tlie white and black races, and that the equality of these
races is impracticable and inconsistent with God"s Providence.

And the undersigned further says, that it is his opinion that the
reconstruction acts of Congress. ;nid such action as may be had by
this Convcntio:i in controlling the question of 't^uffrage, by virtue of
said acts, are in direct conflict v»-ith the reserved rights of the State
and the people thereof.

Therefore respectfully submit the accompanying as substitute for
so much of the majority declaration as dcslares wdio shall be citizens ,
of the State, and who shall be (qualified voters.
Respectfully,

ARMSTRONG OF JASPER.

SUBSTITUTE.

That all persons (except Indians not taxed, and Africans and de-
scendants of Africans.) born or naturalized in fiie United States and
subject to the jurii-diction thereof, and aliens (Africans and descend-
ants of Africans excepted,) who have declared their intention to be-
come citizens of the United States, and actually residing ni this
State, are hereby declared citizens of the State of Texas.

That every male person who is a citizen of the United States and

of this State, who shall have resided in this state

next preceding an election, and within the district

or county in which he ofiers to vote (Indians not taxed, Africans
and descendants of Africans excepted), shall be deemed a qualified
elector : and should such qualified elector happen to be in any other
county situated in the district in which lie resides at the time of an
election, he shall be permitted to vote for any district oflicer : pro-
vided, tlrat the qualified elector shall be permitted to vote anywhere
in the State for State oificers ; and provided further, that no soldier,
seaman or marine, in the army or navy of the United States, shall
be entitled to vote at any election created by this Constitution.

Mr. Pedigo made the following report from the Committee on
Counties and County Boundaries :

584 keconstruction convention journal.

Committee Room,
Austin, Texas, July 27, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir. I am instructed bj the Committee on Counties and County
Boundaries to submit the following declaration a.nd ordinance for the
creation of new counties, in accordance with a resolution adopted bj
tiiis Convention, to report bj a general declaration such new counties
as ought to be created.

Your committee have carefully considered the various memorials
from the people, asking for the creation of new counties for their
convenience, and find no reason why the prayer of the petitioners
should not be granted. Government is designed for the prosperity,
happiness and convenience of the people, and inasmuch as counties
of convenient size are necessary to the convenience of the people,
who are to bear the burden of taxation, I &m directed by the com-
mittee to earnestly recommend the adoption of the ordinance here-
with presented.

H. C. PEDIGO,

Chairman.

Reading of the following declarations dispensed with, and ordered
printed :

A DECLARATION

Creating the county of Webster.

Section 1. Be it resolved by the people of Texas in Coiiven-
tion assembled : That a new county to be called Webster, is hereby
established out of portions of the counties of Fannin_ and Lamar,
bounded as follows, to-wit :

Beginning at a point on the south boundary line of Lamar county^
seven miles east of its west boundary line, thence north to Red
River, thence west with the meanders of said river to the mouth of
Bois d' Arc creek and with the meanders of said creek to a point
ten miles west of the east boundary line of Fannin county, thence
south to the south boundary line of Fannin county, thence east with
the south boundary line of Fannin and Lamar counties, to the place
of beginning.

Sec. 2. Be it farther declared, That it is hereby made the duty
of the people of said county of Webster to proceed to organize said

RECONSTRUCTION CONVENTION JOURNAL. 585

county in sti-ict conformity to an act entitled "an act approved
• Marcli 20th, 1848, for the orgaitization of new counties."

Sec. 3. Be it further decla.ed., That it shall he the duty of the
county court of Fannin county, as soon as convenient after the pas-
SMi^e of this declaration, to organize the said county of Webster by
liolding elections foi" the purpose of electing all county officers, or
reconnuending suitable persons to the Commander of the 5th Mili-
tary District to fill said offices.

Sec. 4. Be it further declared., That it shall be the duty of the
people of said county, after its organization is completed, to liold an
election for the purpose of locating the county site, and a majority
voting in said election shall determine the location of said county
sit.\ "

Sec. 5. And be it further declared^ That in all general elections
the people shall vote with the counties from which they were taken
until said county of Webster sliall be ci. titled to separate represen-
tation.

Sec. 6. Be It further declared^ That that portion of the people
of AVebster county, formerly contained in Lamar county, shall pay
jjro rata their proportion of the public debt, due by Lamar county,
at the adoption of this declaration, to be ascertained by commis
sioners appointed fof that purpose by the county courts of Webster
and Lamar counties.

Sec. 7. Be it further declared^ That this ;^ro ra/a tax, herein-
•before mentioned, shall be collected in accoi'dance with the plan
adopted by Lamar county, for the extinguishment of its public debt.
Prodded^ however, that the county court of Webster county shall
only enforce the collection of tAventy-five per cent, annually, of the
pro rata. And, provided further, that no tax slsall be levied for
this purpose prior to the year 1869.

Sec. 8. Be it further declared^ That section — , of this decla-
ration be so amended as to read, "Honey Grove is hereby declared
to be the county site of Webster county. '"

Sec. 9. Be it further decla-ed^ That this declaration take effect
and be in force from and after its passage.

A DECLARATION

Creating the County of Oalfland.

Section 1. That all the territory comprised Avithin the following
lines, shall be a ncAv county, to be called the county of Oakland,
to-Avit :

Beginning at the point Avhere Denton creuk in Gonzales county,

586 RECONSTRUCTION' CONVENTION JOURNAL.

unites with Pluck creek in Gonzales county, thence north forty-one
degrees, west twenty-four miles, thence north thirty-seven degrees,
east sixteen and three-fourth miles, thence south seventy-five and a
half degrees, east fourteen and three-fourth miles, thence south
thirty-three degrees, east seventeen and three-fourth miles, thence in
a direct line to the place of berj'nning.

Sec. 2. That the town of Hopkinsville, in the present county of
Gonzales, shall be the county seat of said county of Oakland.

Sec. 3. That at the first general election hereafter hold for county
officers, the said county of Oakland shall be organized by the elec-
tion of such officers as other counties have under the laws of this
State, and that V/illiani J. Stemberry, N. T. Miller, and K. L. Fry,
be and th':'y are, hereby appointed (iornmissioners, with full power
and authority to superintend and conduct said election and give cer-
tificates to the persons elected.

A DECLARATION
Creating the County of Delta.

Section 1. Be it declared by the people of Texas in CGuven-
tion assembled : That all the territory comprised within the follow-
ing boundaries, shall be a new county, to be called the county of
Delta. Beginning in the county of Hopkins at a point the conflu--
ence of the north and soutli Sulphur prongs of Red River, thence
south with the south fork of said Sulphur to a point the confluence
of south and middle Sulpur, thence up middle Sulphur to the ninety-
sixth degree of longitude, thence with said lines north to the point
where said line crosses north Sulphur, thence with the meanders of
the said north Sulphur to the place of beginning.

Sec. 2. And be it further declared^ That it is hereby made the
duty cf the county court of the county of Hopkins, to organize
said county of Delta in strict conformity to an act entitled "an act
to organize new counties, approved March 20th, 1845.

S:<:c. 3. It is hereby farther declared, That it shall be the duty
of the people of said county to recommend to the Commanding Gen-
eral of the Fifth Military District, suitable persons to fill all the
offices in said county; t'rovided, however, if no election shall ])e held
for that purpose, then application is to be made to the Military
Commander.

Sec. 3. And be it further declared, That the qualified registered
voters of said county shall lo3at3 the county seat ; a majority of
those voting shall be sufficient for that purpose.

RECONSTRUCTION CONVENTION JOURNAL- 587

Sec. 4. It sliiill ])c the duty of tlie county court to levy a special
tax, which shall not exccuil in amount that collected by the laws
now in force, and said court is hereby authorized to issue county
bonds, pjiyable in fi\'o years from the date of issuance. Interest
u})on said bonds shall 1)0 [)aid yearly. The bonds and taxes so col-
lected to be used in building a court house and jail for said county.

A DECLARATION
Creating the County of Richland.

Section 1. Be It declared by tJtis Convention : The following
territory, to-wit :

Begiindng at the noi-th-west corner of Freestone county, Texas,
thence running soutii sixty degrees west to eastern boundary of
IMcLennan county, thence north thirty degrees west with the north-
east line of said McLennan county to the north-east corner thereof,
thence on a straight line to the south-west corner of Ellis county,
thence north sixty degrees east v.ith the south-east line of the same
to a point opposite the place of begimiing, thence south thirty
degrees east to the place of beginning, shall be and constitute a new
county to be called the county of Richland.

Sec. 2. That the Counnanding Gencr.il of the Fifth Military
District is hereby requested to appoint a county judge, county clerk,
and all the other oSicers to wdiich a county in Texas is entitled in
and said county.

Sec. 3. That the county judge or the county commissioners of
said county, upon their qualification, shall proceed to select the
county site theieof

Sec. 4. That said county, for the purpose of district court juris-
diction, shall be ar.d remain ibr the present, a pait of Hill county,
Texas.'

A DECLARATION

Creating the County of White.

Section. 1. Be it dcclarei by the people of Texas in Conven-
tion assembled: That all the territoiy comprised within the follow-
ing boundaries, shall be a new county, to be called the county of
White, having Pilot Point as county site of said county of White,
to-wit :

588 RECONSTRUCTION CONVENTION JOURNAL.

BeginrLingon the east bank of Elm Fork of Trinity river, on the
south boundarj line of a survey made for J. W. Visor, about ten
miles north, forty-five degrees east from the town of Denton, thence
south-east to the south-west corner of a survey made for T. Button,
on Doe branch, thence east to the east boundary line of Denton
county and passing said line corner in Collin county, thence north
piirallei with the west boundary line of Collin county to the north
boundary of Collin and passing said line six miles corner in Gray-
son county, thence west and parallel with the north boundary line
of Denton to Elm Fork of Trinity, thence with the meanderings of
the stream to the place of be^innino;.

Sec. 2. Av.d be it furlJier declared^ That it is hereby made the
duty of the county court of Collin county to organize said county
of White in strict conformity to an act, entitled an "act to organize
new counties, approved March 20th, 1845."

Ssc. 3. It Is liereby further declwed^ That it shall be the duty
of the people of said county to re3ommend to the Commanding Gen-
eral of the Fifth Military District, suitable persons to fill all the
offices in said county ; Provided, however, no election shall be
held for that purpose.

Mr. Fayle introduced the following declaration, and asked its
reference to the Committee on Internal Improvements without
reading.

DECLARATION

Incorporating the Bolivar Point and Houston Ship Channel Com-
pany.

Be it enactei by the people of Texas hi Convention- assem-
bled :

Section 1. That R. 0. Love, W. J. Ilutchins, J. G. Tracv, J.
H. H. Perkins, Elias Dib^)le, A.. S. Eichard.^on, J. S. Bachelder,
W. A. Daly, M. N. Brewster, S. Harper, Sandy Parker. C. B.
Sabin, J. C. C. "Winch, J. II. M;anly, Eichard Allen, J. ^. Morris,
A. McGowan, Erastus Caiter, T. W. House, F. D. Allan, W. R.
Baker, C. E. Gregory, II. R. Allen, John Shearn, S. S. Bearce,
J. P. Blessing, Ciiaries Chapram, M. J. Elliott. T. II. Scanlon,
R. Cohen, M. DeChauncey, Shade Croome and Theodore Behring,
of Harris county, T. II. Mundiae, of Burlosoa county, Texas, W.
Sprague, of Rhode Island, E. M. Haines and J. A. Logan, of Illi-
nois, and James TV". Nye, of Nevada, and their as^o^iates and suc-
cessors, be and hereby are created a body corporate and politij,

REOONFJTRUCTION CONVENTION JOURNAL, . 589

under the name and stylo of the Bolivar Point and Houston Ship
Channel Company, with the authority in said corporate name to
contract, sue and be sued, to plead and be impleaded with, to ;;rant
and sell, niorto;aa:e, pledLje, purchase, receive and hold both real and
personal property, to borrow money, and to issue its bonds tor the
pa/m3nt thereof, to make by-law.^ for its regulation and government,
and generally to do and perform all such act's and things as may be
hQHi.i.invy, pro;)ei- (or, or iii.^ident to the fiiliillinent ot* its obliga-
tions, or the maintenance of the riglits under this act accruing, and
consistent with the Constituiion of the State of Texas.

Sec. 2. That the said company sh;^.ll have the exclusive right to
construct a ship bajin in the city of Houston, to such extent as may
be re juisite for the focilitie.> of coramcrciaT purposes, and all wh irv^s
necessary thereto ; and a ship channel froni said I)asin through Buffalo
Bayou, and tlio waters lying between said bayou and the Gulf of Mexi-
co, to the said Gulf at Bolivir channel, and for the said purpose shall
be authorized to perform such dredging, construct such locks, and make
such excavations in the said bayou, and on the banks thereof, and
in the waters aforementioned, and througli the bars which lie in said
waters between the mouth of Bufililo Bayou and Bolivar Channel,
as may seem to them proper and necessary for the purposes of exca-
vating said basin, and of widening said channel, and deepening said
bayou ; they shall have the right to remove such portion of earth
upon the banks as may be necessary to make said channel from nine
to ■burteen feet deep, and to make said bayou one hundred and fifty
feet wide at its narrowest part ; and to make such ship basin of the
required extent, and to appropriate such lands as may be necessary
for these purpo:-e3. making compensation to the owners thereof in
accordance with the general railroad law of the State.

Sec. 3. That the said conapany, after the channel has been con-
structed to a depth and capacity sufficient for sea-going vessels
drawing nine feet of water, to reach the city of Houston, shall be
authorized to collect toll of all vessels passing through said channel,
or dischai'ging on its margin, such tonnage and wharfage as said
company may establish, not to exceed that which the city of Houston
is now authorized by law to impose upon all vessels aiTi\T[ng within
its limits ; and should the city of Houston cede to said company its
privilege of collecting tonnage of all vessels navigating Buffalo
Ba^'ou within its corporate limits, as hereinafter provided for in this
act ; then the said company shall also be privileged to collect exclu-
sive tonnage of all vessels navigating said cltamiel and bayou, at a
rate not exceeding twice th.e amount collected by the city of Hous-
ton tor the whole route, and in similar proportion for fractional
paits.

590 RECONSTRUCTION CONVENTION JOURNAL.

Sec. 4. That tlie capital stock shall be one million dollars, with
the privilege of increasing the same, from time to time, to five mil-
lion dollars, said stock to be divided into shares of fiftj dollar.i each,
five per cent, of which shall be paid on subscription, and the balance
in installments of twentj per cent each; provided, that not more than
one installment shall be called for every three months. Each share
shall entitle the holder to vote in person, or bj proxy, at the meet-
ings of said company ; said stock only to be transferable on the
books of said company, either by the owner or his attorney.

Sec 5. That upon the completion of the said channel, as pro-
vided for in this act, the company shall be entitled to receive from
the State such grants of land as are granted to railroads under any
act or acts heretofore passed.

Sec. 6. That th.e city of Houston shall be authorized and privi-
leged in its corporate name to become a subscriber to the stock of
said company, in an amount equal to one-third of the capital stock
of the same, and to issue her bonds to cover said subscription, pay-
able ten years after date of issuance, and bearing issuance at the
rate of seven per cent, per annum, payable semi-annually, with
coupons attached representing the same ; said bonds to be received
by the company at such rate as may be agreed upon between the
mayor and board of alderman of the city of Houston and said
company ; provided, however, that said bonds shall not be issued or
subscribed at a less rate than seventy-five cents on the dollar ; that
said subscription shall only be made by a two-thirds vote of the city
council, in conjunction wuth the mayor ; and that the bonds so is-
sued shall bear the seal, and be signed by the city secretary and
mayor.

Sec. 7. That upon issuing said bonds, as provided for in the pre-
ceding section, the city council shall by ordinance provide for the
levying of a special tax, to be collected semi-annually on all proper-
ty subject to taxation within the city limits, for the payment of the
interest on said bonds issued, and the money so collected by tax shall
not be used for any other purpose whatsoever; piovided that such»
ordinance levying special tax shall not be enforced unless agreed to
by the people at an election held for that purpose, at the Court
House, due notice of which election shall have been given two
months previous thereto, and the tickets be inscribed " For,'" or
" Against tax for Ship Channel."

Sec. 8. The city of Houston on subscribing to the stock of said
company, shall cede to the same all right and privilege existing
under the city charter, to collect tonnage of all vessels navigating
Buffalo Bayou within the city limits ; provided, that all dividends
arising to the city upon its stock in said company shall be set apart

RECONSTRUCTICN CONVENTION JOURNAL, 591

as a sinking fund for tl e liquidation of said bonds, and tlic city
sii.ill vctiie said boiuis hy consecutive numbers, as fast as said siuk-
ini; ruud shall enable her to do so.

Sec. 9. That the stock held hy the city of Houston shall not be
tviuisferable, unless the city shall first retire the bonds authorized to
he issued under this act ; and that the privilege of collecting duties
on tonnage ceded to said company shall continue so long as said com-
}):iny shall keep said channcd open to a depth of at least nine feet,
and to a width of not less than one Imndicd and fifty feet at its nar-
rowest part ; and upon a failure to dc so. it shall revert back to the
city Oi' Houston ; and pjovided further, that whenever said compa-
ny shall increase its capiial, the city shall be privileged in like man-
rier as hereintoibre stated, to subscribe one-third of the increased
aiHoiuit.

^Eu. 10. The management of said company shall be confided to
a bo;ud of eleven directors (exclusive of the nnyor, should the
city stdjscribe), consisting oI" R. 0. Love, W. R. Baker, F. D,
Allan, C. B. Sabin, John Shearn, V,'. J. Hutchins, J. C C.
^\'iuch, M. N. Brewster, Richard Allan, L. S. Bearce and J. S.
Bachelder, of whom R. 0. Love shall be President; C. B. Sabin,
Vice President; John Shenrn. Secretary, and W. J. Hutchins,
Ti'easurer. Said boaid of directors shall continue in office until one
year after one hundred and fifty thousand dollars liave been sub-
scribed and paid in. Thereafter they shall be elected annually by
the stockholders from among themselves. And should the city of
Houston subscribe to the stock of said comp:iny, the mayor shall act
as a director, and vote as such at all meetings of the board.

Sec. 11. The directors sljall be elected annually from the stock-
holders, and shall elect from their number a president, vice presi-
dent, secretary and treasurer ; they may also appoint such other
officers and agents as they may consider necessary and proper, and
retjuire bonds ibr the faithful pc^rformance of their duties ; tliey shall
make by-laws for conducting the aff ii s of the company ; and for
tlieir own guidance tliey shall keep, or cause to be kept, accurate
records of all their transactions, and the ujcetings of the company,
and of the receipts and disbursements throughout ; which books
shall be su^)ject at all time to the inspection of the steel holdei-s, and
they shall cause to be published in p:iniphlet form, at least once a
yen-, a full report of the condition, finances and transactions of the
Company.

Skc. 12. That the said company shall be authorir;?d to construct
and own such dredge boats, tugs, machinery, tools, wharves, slips,
buildings, or other property, of any and every description, a^ may
be necessary, convenient for, or incident to the prosecution or man-

592 RECONSTRUCTION CONVENTION JOURNAL.

agement of the said ship basin and ship channel ; and the directors
shall be further authorized to receive subscriptions to the stock of
said company in inonej, land, town lots, real or personal estate of
anj description, at such valuation as may be determined upon be-
tween them and the person subscribing the same, and to hold or
alienate the same, or realize n(ioney on the same bj mortgage or
otherwise. But the directors shall not be authorized to issue bonds
in any way affecting the dividends to be derived by the city of
Houston on its stock, until said bonds of the city shall have been re-
tired ; nor shall any bonds affecting the franchise or property of the
company be issued by the directors, unless authorized by a vote of
three-fourths of the stockholders, at a meeting held for that pur-
pose, after thirty days' notice.

Sec 13. That the directors of said company shall have power to
dispose of the shares in its capital stock in such manner and on such
terms as they may deem best for the interests of the company, and
that an agreement in writing whereby any one shall become a sub-
scriber for stock may be enforced by said directors in the name of
the company in any court having jurisdiction ; and that vacancies
in the board of directors may be filled by the board from among the
stockholders.

Sec. 14. That the dividends arising out of the profits of the
company shall be made semi-annually, but no dividend shall be
mide impairing the capital stock.

Sec 15. That the ofiice of the company shall be located in the
city of Houston, and that this act of incorporation shnll continue
in force for one hundred years, unless sooner forfeited, and shall take
effect from the passage of this act.

It was so referred.

Mr. Boyd introduced the following resolution, and asked its refer-
ence to the Committee on Counties and County Boundaries.

Resolvedj That the following section be incorporated in the new
constitution, and made a part thereof :

Tliat the Legislature shall, at its first session after the adoption of
this constitution, provide an act alloAving the seats of justice that are
now or hereafter established in any of the counties of this State to
be removed only upon condition that all depreciation of property, to
owners, occasioned by the said removal, shall be fully and adequately
made up by compensation therefor.

It was so referred.

Mr. Thomas offered the following resolution :

Be it resolved, That this Convention will not establish any new

RECONSTRUCTION CONVENTION JOURNAL. 593

county the creation of which would reduce tlic county or counties,
or any one of them from which it is proposed to he taken, to a less
area than nine hundred square miles ; and, i'lu thei", that the consider-
ation 6f all declarations relating to the creation of such new county
or counties is hereby indefinitely postponed.

Mr. Thomas moved a sus^jension of the rules to take into consider-
ation the resolution.

Lost.

Mr. Armstrong, of Lamar, offered the following resolution :

Resolved, That no resolution, declaration, or any new matter,
shall be introduced into this Convention from and after Saturday
(next) first day of August, and that this Convention will confine
its action to such matters alone as are now on the Speaker's table,
and such other matter as will be reported by committees.

Laid over under the rules.

Mr. Ruby moved that the rules be suspended, to allow consider-
ation of a resolution for the pay of mail carrier Slaughter.

Rules suspended.

Mr. Armstrong, of Lamar, moved that the resolution be referred
to Coiiimittee on Contingent Expenses.

It was so referred.

Mr. Hamilton, of Travis, offered the following :

DECLARATION.

Whereas, This Convention has information that many children
and other persons, citizens of Texas, are held captive by the Indians;
and

Whereas, The funds subject to the control of the Governor for
the relief of such persons who are, have been, or may hereafter be
held captive, or as prisoners of war, by the Indians, is insuflficient
for the purpose ; therefore.

Be it ordained by the people of the State of Texas in Con-
vention assembled. That the sum of ten thousand dollars, or so
much thereof as may be necessary be, and the same is hereby appro-
priated out of any of the funds in the treasury not otherwise appro-
priated, to be used by the Governor, under such rules as he may
prescribe, in procuring the release of children or other persons,
citizens of this Sttite, who are now, have been, or may hereafter be
held captive, or as prisoners of war, by the Indians.

Mr. Hamilton, of Travis, asked the suspension of the rules for
immediate consideration of the resolution.

Rules suspended.
38

594 RECONSTRUCTION^ CO^iTVEN'TION JOURNAL,

The question recurred upon the second reading of the declara-
tion.

Read a second time and agreed to.

Mr. Hamilton, of Travis, moved a further suspension of the
rules to put declaration on its passage.

Rules suspended, resolution read third time and passed.

Mr. Sumner oflered the following resolution ;

Resolved. That the Enroll ng Clerk of this Convention be added
to the Committee to Investigate the Riot at Millicau, to act in the
capacity of cl.'il:.

Mr. Sumner moved that the rules be suspended to consider resolu-
tion.

Rules suspended.

Resolution read and agreed to.

Mr. Thomas asked to be excused from service on the committee
appointed to proceed to Millican, and that Mr. Constant be added to
the committee.

Motion of Mr. Thomas agreed to.

The President announced the business in order was upon the
motion to reconsider the vote by which the amendment oifered by
Mr. Evans, of McLennan, to the report of the Committee on Inter-
nal Improvements, was laid on the table.

Mr. Hamilton, of Travis, moved that the whole matter be made
the special order for next Tuesday, the fourth of August, at ten
o'clock.

Carried.

Mr. Constant oifered the following resolution :

Be it declared by the people of Texas in CGnvention assem-
bled. That the canine species are property, and as such are subject
to a capitation tax.

Mr. Evans, of McLennan, moved the rejection of the resolution.

Resolution rejected.

Mr. Carter offered the following resolution :

Resolved, That the sum of sixteen dollars per day be the per diem
of the Hon. E. J. Davis, and that the Secretary of the Convention
be instructed to issue to him a certificate for that amount.
[Mr. Evans, of McLennan, in the chair.

Mr. Hamilton, of Travis, moved a suspension of the rules for
immediate consideration of the resolution.

Rules suspended.

Objection being made by the President, at the request of the
President of the Convention, leave was granted for the withdrawal
of the resolution.

Mr. Smith, of Galveston, offered the following resolution :

RECONSTRUCTION CONVENTION JOURNAL. 595

Resolved, That the Comptroller be 'directed to draw upon the
Treasurer his warrant for the amount of pay due the Postmaster for
his services, as set forth by the Secretary's certificate.

Mr. Smith, of Galveston, moved a suspension of the rules to con-
sider the resolution.

Lost.

Tlie President announced tlie unfinished business in order was the
report of the Executive Conunittee, acted upon yesterday.

Section seventeen, upon motion, was adopted.

Section eighteen, upon motion, was adopted.

Section nineteen, upon motion, was adopted.

Mr. Buffington oifered the following amendment :

Strike out all of first line after "' accounts," and all of second line
to "who,'" and insert, "appointed by the Governor, by and with the
advice and consent of the Senate."

On m.otion of Mr. Flanagan, the amendment was laid on the
table.

Mr. Thomas offered the following amendment :

Amend by striking out the word "to," before the word " keep,"
in line seven.

Amendment agi'eed to.

Mr. Munroe offered the following amendment :

Section 20. Strike out, in second line, the words: "and ha,ving
the same qualifications," and insert, " and who shall be at least
twenty-five years of age ; a citizen of the United States ; and shall
have been a resident and citizen of the State of Texas for one year
immediately preceding his election."

Mr. Flanagan moved to lay the amendment upon the table, upon
which the yeas and nays were demanded and resulted, thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong, of
Lamar, Bellinger, Bledsoe, Board, Boyd, Brown, Bryant, of Gray-
son, Buffington, Carter, Cole, Coleman, Evans, of Titus, Fayle,
Flanagan, \V. Flanagan, Fleming, Hamilton, of Travis, Hprn, '
Home, .Johnson, of Calhoun, Jordan, Kealy, Keigwin, Leib,
Liiidsay, ]\Lickey, Mills, Morse, Mucklero}'-, Mullins, Mundine,
Pedigo, Phillips, of San Augustine, Phillips, of Wharton, Rogers,
Scott, Slaughter, Smitili, of Galveston, Stockbridge, Thomas,
Varnell, V\'ilson, of Milam, "Wright. Yarborough — 46.

Nays — ]^lessrs. President, Bell, Bryant, of Harris, Butler. Bur-
nett, Curtis, Degener, Downing, Evans, of McLennan. Foster,
Gaston, Goddin, Hunt, Kendal, Kuechler, Lippard, McCormick.
McWashington, Munroe, Newcomb, Patten, Posey, Kuby, Schuetze,
Watrotis, "W'hitmore, "Williams, Wilson, of Brazoria — 28.

So the amendment was laid on the table.

596 RECONSTRUCTION CONVENTION JOURNAL

Mr. Slauiyhter oiFered the followino; amendment :

Section 20. Ninth line : amend hj striking out " prescribed," and
insert, " required of him."

Mr. Munroe moved to laj the amendment on the table.

Carried.

Section twenty, upon motion, was adopted.

Mr. Munroe oiFered the following amendment :

Amend by inserting, in second line, instead of the words, "having
the same qualifications as the Governor and Comptroller of Public
Accounts," the words, "shall be twentj-one years of age, and an
elector for members of the Legislature."

Mr. Flanagan moved to lay the amendment upon the table, upon
whicii the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Armstrong, of
Lamar, Bellinger, Bledsoe, Board, Boyd, Brown, Bryant, of Gray-
son, BuflBngton, Carter, Cole, Evans, of Titus, Fayle, Flanagan,
Fleming, Gaston, Goddin, Grigsby, Harris, Harn, Home, Johnson
of Calhoun, Kealy, Keigwin, Leib, Lindsay, Mills, Morse, Muckle-
roy, Mullins, Mundine, Pedigo, Phillips, of San Augustine, Phil-
lips, of Wharton, Rogers, Scott, Smith, of Galveston, Stockbridge,
Thomas, Varnell, Watrous, Wilson, of Milam, Wright, Yar-
borough — 45.

Nays — Messrs. President, Bell, Bryant, of Harris, Butler, Bur-
nett, Curtis, Degener, Downing, Evans, of McLennan, Foster, Hunt,
Jordan, Kendal, Kuechler, Lippard, McCormick, McWashington,
Munroe, Newcomb, Oaks, Patten, Posey, Ruby, Slaughter, Smith,
of Marion, Whitmore, Wilson, of Brazoria — 27.

So the amendment was laid on the table.

Mr. Evans, of McLennan, offered the following amendment :

Amend, in line one, section 21 : strike out the word " also," after
the word " shall."

Amendment agreed to.

• Mr. McCormick moved to strike out the letters " mp," in the
word " Comptroller," and insert the letter ^' n."

Amendment adopted.

Section twenty-one, upon motion, was adopted.

Mr. Smith, of Galveston, offered the following amendment :

Strike out of fourth line, after the word "register," the words
" of" and "all ;" and after the words " land titles," succeeding, the
words "hereafter granted."

On motion, the amendment was laid on the table.

Mr. Munroe offered the following amendment :

Amend by inserting in the third line, in place of the words, " and
shall possess the same qualifications," the words, " and shall be

RECONSTRUCTION CONVENTION JOURNAL. 597

twenty-one years of age, and a qualified elector for members of the
Legislature."

On motion, the Convention adjourned until to-morrow morning at
9 o'clock.

CAPITOL, AUSTIN. TEXAS,
July 31, 1868.
Convention mot pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

INIr. Degener, from the Finance Committee, made the following
report :

Reading dispensed with, and ordered to be printed.

Committee Room,

July 31, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Pursuant to a resolution passed by the Convention, to
request the Commanding General to cause the Comptroller of Public
Accounts of Texas to transmit for th^ use of the Convention a series
of statements, two voluminous documents were transmitted to the
Convention, and referred to the Committee on Finance.

The documents are herewith returned, and your committee beg
leave to observe that it was never their good luck to examine a
report which gave so full and lucid a statement of the complicated
machinery of the finances of our State, as that of Acting Comptroller
George C. Rives.

The statements enter into the minutest details, and any synopsis
drawn therefrom cannot do justice to a report which must be
intimately studied to fully appreciate its value, and the amount of
labor spent for compiling the same.

Your committee hold, however, that they would be failing in their
duty if they did not reply to the eleven interrogatories of the Con-
vention, by giving the aggregate amounts as furnishtd by the respec-
tive statements of the Compti oiler ; deem it, however, appropriate to
confine themselves to such remarks only as are absolutely necessary,
or of an especial interest.

598 RECONSTRUCTION CONVENTION JOURNAL.

REPORT.

FIRST INTERROGATORY.

Statement showing the assessment of taxes in each county in the
State for the year 1867.

The report of the Comptroller names 141

counties. Of eight counties the area is not

given. The total area of property owned in

the 133 counties bj residents of the same is

34,97-1,057 acres, valued at $66, ' 01,369 00

Area ovaied by non-residents of the counties,

15,865,026 acres, .' 17,007,387 00

V^alue of town lots 23,103,200 00

597,163 horses, estimated 18,993,948 00

3,853,029 cattle 16.856.675 00

1,323,556 sheep 1,876,406 00

Merchandise 9,457,912 00

Money on hand or at interest 6,060,245 00

Miscellaneous property 10,543,383 00

$170,005,545 00

Poll tax 99,013 00

Ad valorem and poll tax 354,418 07

Income tax ; 38,891 78

Salary tax 1,186 58

$493,509 43
Pages 1 and 5 of Comptroller's Report.

SECOND INTERROGATORY.

Estimate of cost of collection of taxes tinder existing latvs :

Total value of all property assessed for 1867,

.$170,005,545, at 15 cents per $100 $255,008 31

Poll tax at $1 per capita 99.003 00

Income 38,891 78

Salary 1,186 58

License and occupation tax 130,024 14

$524,123 81

RECONSTRUCTION CONVENTION JOURNAL. 599

Estimate of cost of collection, including de-
faults of every character, 16 per cent, on

assessment $83,859 80

THIRD INTERROGATORY.

Amount collected upon assessment of 1867 . . • ^394.614 25|

FOURTH INTERROGATORY.

State7nent of the different accounts showing the receipts from

the i/h of Septeiitbcr^ 1867, and the balance in the different
kinds of funds standing at credit of each account on the Zlst
of May, 1868 ;

STATE REVENUE.

SPECIE. CURRENCY.

To receipts from Treasury, ^Ibb 09 $20,077 17

To receipts from taxes from 1866 to 1868, 345,1 21 04 J

To receipts from Land Office 26 25 3,805 94

To receipts from Comptroller's office, 7 00 240 55

To receipts from State Department, 12 50 22 25

Specie, 200 84

Total, ■ ■ 1369,467 79|

By amount transferred to county tax account, 1,119 32

By balance on hand, (Specie $195 34, U. S.

Currency $363,163 13^,) $368,348 47|

FIFTH INTERROGATORY.

Stafernent of warrants drawn by the Comptroller upon the

Treasurer, during the period commencing September 4:th,
1867, and ending May 1st, 1868 ;

Supreme Court $17,044 50

District Courts 54,452 12

Attorney Generars office 2,504 23

A— Judiciary $74,000 85

B— Executive Department 6,365 05

600 RECONSTRUCTION CONVENTION JOURNAL.

C— State Department 4,443 35

D— Comptroller's Office 9,901 7»

E— Treasurer's Office 2,458 93

r_General Land Office 19,869 8^

G— Asylums 29.204 07

H— Penitentiary 3^557 23

I— Pensions 941 25

K — Miscellaneous

Expense of sale of University lands . . 20 25

Extra clerk hire for bringing up back

taxes 1,427 19

Salary of agent to Indians 200 00

Repairing and refurnishing Executive

Mansion 2,926 56

Salary 20th District Judges, (previous

appropriation,) 713 88

Salary 20th District Attorneys, (pre-
vious appropriation,) 258 88

Furnishing Attorney General's office 49 50

5,596 26

L — ISIilitary appropriations

Fuel for office of Superintendent of

Public Instruction 6 75

Porter hire 28 50

Publishing 25th vol. Texas Law Re-
ports 5,184 00

Keeper and night watch of Capitol. . . 539 67
Night watcli of General Land Office . . 33 33

Night Avatch of Treasury Building. . . 185 86
Salary of extra clerk in Treasurer's

office 546 66

Contingent expenses in Treasurejr's

office 153 58

Contingent expenses in Executive office 130 81

Repairs of Capitol 680 41

Distribution of 25th vol. of Texas

Reports 166 64

Salary of sexton and keeper of State

Cemetery 100 00

Stationery for the Convention 15th

June, 1868 1,000 00

8,766 21

Total $165,104 88

RECONSTRUCTION CONVENTION JOURNAL. 601

SIXTH INTERROGATORY.

^tatemeiit of Public Debt :

CURRENCY

Amount of 8 per cent, bonds of March 20, 1861 16,000 00

Amount of 8 per cent, bonds of April 8, 1861 917,000 00
Amount of 10 per cent, -warrants of February

14,1860 109,077 61

Amount of non-interest notes 15,000 00

Amount of 8 per cent, certificates 3,671 00

Amount of unaudited claims ' 8.323 48

$1,069,072 09
Amount less audited hj late Auditorial Board 139,343 77

$929,728 32
Amount of 5 per cent. State bonds, payable

January 1, 1879, issued to University fund,

section 1 of an act to secure the Common

School and University fund, approved Novem-
ber 12, 1866, (specie) 134,472 26

Amount of 5 per cent. State bonds, payable

same time, issued to School Fund, section 2, ♦

same act. both being based upon 5 per ccnt.-

U. S. indemnity bonds, formerly belonging to

said fund 82,168 32

Total debt $1,146,369 40

The probable amount yet to be paid to school fund, under section
2. act of November 12, 1866. should be added to the alwve; but as
tliis matter has been kept entiiely within the control and manage-
ment of the Executive, the Comptroller has no data whatever upon
which to base an estimate.

The above statement is based upon the idea that there has been
no legal authority to deal with the indebtedness of the Stale since the
4th of INIarch, 1861. It has, however, been found utterly impossible
to give a full and complete statement of the public debt, without
giving wliat has been done by authority of the so-called Eleventh
Legislature.

Assuming that the lately adopted amendment to the Constitution
of the United States, now being the fourteenth article of the same,
decides, in some measure, Avhich portion of our public debt must be

602 RECONSTRUCTION CONVENTION JOURNAL.

declared valid, which portion was null and void from the beginning,
it will not be inappropriate to notice :

1. That the 8 per cent, bonds, issued under the acts of March
20, and of April 8, 1861, together of $933,000, were issued in aid
and for the support of the rebellion.

2. That the non-interest notes of $15,000 were all paid in war-
rants, and that it is proper to investigate how far persons accepting
those warrants in payment of their claims, are entitled to an exchange
of those warrants aganist legal money.

3. That the 10 per cent, warrants issued under an act of 14th
February, 1860, were in reality not fully issued until January,
1862. The question thus arises how many warrants were issued
after 4th March, 1861. It will take a considerable time to ascertain
the real status ; it is, however, believed that not more than about
$50,000 are in circuhition for which the State is liable. Adding to
this sura the certificates issued to the Wise and Parker minute men,
for the defence of the frontier since 1866, with ,$3,671 and .$8,323
of unaudited claims, the whole amount of our public debt will not be
much above $60,000.

SEVENTH INTERROGATORY.

Reports of Railway Companies made to Comptroller^ under act
of February 7, 1853. Only five companies have complied
with the above laiv, as far as 1867 and 1866, respectively :

The Southern Pacific R. R. to May 31, 1867.

The Houston Texas Central R. R. to " " 1866.

The Galveston, Houston and Hendei'son R. R. to . . . . March 1, 1866.
The Galveston, Houston and Henderson Junc-
tion to " '' 1866.

The Washington County R. R. to Oct. " 1866.

If the act referred to was intended to furnish the Comptroller the
means of fully judging of the security the several railroads give to
the school loan, your committee holds that it is incomplete, and that
the next Legislature ought to pass such acts as may be deemed
necessary to jirevent difficulties of a similar nature as those under
which we are at present suffering.

RECONSTRUCTION CONVENTION JOURNAL. 603

EIGHTH INTERROGATORY.

Statement shnwlmj the present indebtedness of each Railroad
Company to the State^ and also what amount of interest has
been paid, ivhen, and in what kind of Junds paid, and
arnonnts remaining unpaid:

A — Buffalo Bayou, Brazos and Colorado Railroad,

To principal Gold $420,000 00

To interest due to March 1, 18G8, " 228,158 00

Gold $648,158 00

Bj principal Gold $12,000 00

Bj interest " 38.838 75

Bj " warrants, 98,019 25

$148,358 00

To.tal indebtedness ' $499,800 00

B — Southern Pacific Railroad,

To principal Gold $150,000 00

To interest due to March 1, 1868, " 52,625 00

Total indebtedness Gold $202,625 00

No payments of any description were made by this company.

C — Texas and New Orleans Railroad,

To principal .Gold $430,500 00

To mterest due to March 1, 1868, " 195,081 52

Gold $625,581 52
By interest '• 30,415 27

Total indebtedness Gold $595,166 25

D — Houston Tap and Brazoria Railroad,

To principal ' Gold $300,000 00

To interest " 142,849 58

Gold $442,849 58

604 KECONSTRUCTIOX COXVENTIOX JOURNAL.

By paid principal Gold $4,200 00

Bj paid interest " 2', 3 75 38

Bj paid worthless warrants, 69,483 33

76.058 71

Total indebtedness $366,790 87

E — Houston and Texas Central Railroad,

To principal Gold $450,000 00

To interest " 257.255 56

Gold $707,255 56

By principal Gold $ 18.000 00

By interest " 88.091 21

warrants, 105.774 85

211,865 56

Total indebtedness $495,390 00

r — Washington County Railroad,

To principal Gold $66,000 00

To interest " 29,312 59

By principal Gold $ 1.320 00

By interest " 3,217 43

By principal warrants 27,6'j3 00

By Interest " 19,427 20

" i95,312 59

51,627 63

Total indebtedness $43,684 96

Tlie remarks of your committee on sixth interrogatory, with
regard to the public debt, contracted during the rebellion, find a
full application to the payments of the several railroads toward
thf'ir indebtedness, in a tender wliicli is illegal from the beginning,
being created for the purpose of carrying on war against the United
States. Four railroad companies have availed themseh^es of a law
passed l)y the Tentli Legislature, so-called, in December, 1863, and
paid in warrants what in reality they owed in gold to the school
fund, to wit :

RECONSTRUCTION CONVENTION JOURNAL. 605

Buffixlo Bayou, Brazos and Colorado R. R $ 98,019 25

Houston Tap and Brazoria R. R 69, 483 33

Houston and Texas Central R. R 105,774 35

Washington County on princi{)al 27,068 30

"interest 19,427 20

Paid in warrants $320,367 13

Which sum ought to be added to the several
balances against said railroads, as shown in the
Comptroller's exhibit.

Buffalo Bayou, Brazos and Colorado R. R 499.800 00

Houston Tap and Brazoria R. R 366.790 87

Houston and Texas Central R. R 495,390 00

Washington County R. R 43,684 96

Southern Pacific R. R 202,625 00

Texas and New Orleans R. R 595,166 25

Total indebtedness of railroads $2,523,824 21

NINTH INTERROGATORY.

Stafeme?!/! of amoinits paid for asylums from their esiahlishment
to June 1, 1868, and in what kind of funds paid :

IN SPECIE,

For lands appropriated to Asylum $ 9,278 50

Lunatic Asylum 58.877 51

Deaf and Dumb Asylum 86.945 11

Blind Asylum 27,378 42

Total $132,479 54

IN STA-TE TREASURY
WARRANTS.

For lands appropriated to Asylums $

Lunatic Asylum 169,166 66

Deaf and Dumb Asylum 79.500 00

Blind Asylum 45,373 21

Total $294,039 87

606 RECOMSTRUCTIOX COXVE:^TIO]Sr JOUKNAL.

U. S. CURRENCY.

For lands appropriated to Asylums $

Lunatic Asylum 55,841 55

Deaf and Dumb Asylum 36,750 00

Blind Asylum , 12,498 02

Total ". $105,084 57

TOTAL.

For lands appropriated to Asylums $ ^.278 50

Lunatic Asylum 283,885 72

Deaf and Dumb Asylum 153,1 95 11

Blind Asylum 85,244 65

Grand total. . .$531,603 98

TENTH INTERROGATORY.

Staiement of amounts paid for Penitentiary from its estab-
lishment to June \st^ 1868, and in what kind of funds paid :

The Penitentiary was erected in 1848. The

original expense and support $133,216 70

Erection of Factory, 1856. Materials and ma-

chinery 127,000 00

Salary of Superintendent 12,549 60

" " Clerk 12,387 00

" " Directors 5,343 44

" " Chaplain 1,562 49

" ^' Physician 2,517 36

Stationery, Postage and Printing 412 50

• Total amount of accounts $294,989 00

To paid in Specie $281,046 24

'^ " " Texas State Warrants . . 10,362 50

" " " Ij. S. Currency 3,580 35

Total $294,989 09

RECONSTRUCTION CONVENTION JOURNAL. 607

•• ELEVENTH INTERROaATORY.

Sfafemenf showing the amount and character of funds paid
for school lands daring the existence of the rebellion :

Paid in Specie $ 225 52

" " 10 per cent. Warrants. .... 27,933 74

" " State Treasury Warrants 15,568 26

" " Confederate Notes 330,196 32

Total P73;923 84

Of this sum the University Fund

is credited with Specie $ 916

W^ith IlWal Tender 137,335 28

1137,344 44

The School Fund, with Specie | 216 36

Wilh Illeo-al Tender 236,363 04

<k236,579 40

In view of the great expenses which would be incurred, if the
Convention ordered the printing of the voluminous documents from
which the above extracts are drawn, your committee does not re-
commend that this should be done: holds, however, that a careful
examination of this extract, especially the statements of Interrog-
atories Nos. 6, 8 and 11th, will show the necessity of some_ legisla-
tive action, to settle the controversy about payments made in a ten-
der which was created or issued for the purpose of carrying on war
against the United States, giving at the same time full power to the
Legislature hereafter to grant relief to such purchasers of University
land, or owners of pre-emption lots, Avho may be deserving tlie same ;
in consideration Avhereof, your committee has unanimously instructed
me to report the annexed resolution.

Most respectfully, E. DEGENER.

Resolved, The pretended acts of a body, calling themselves a
Legislature of Texas, bearing date January 11. 1862, chap. 47,
and December 16, 1863, chap. 57, being in violation of the Consti-
tution of the United States, and in aid of the rebellion, were, and

608 REOONSTKUCTION CONVENTION JGUKNAL.

are. null and void ; Provided, That nothing herein be construed so
as to prevent the Legislatures of Texas from granting equitable
relief to owners of University lands, and of pre-emption lots, who
are bona fide citizens of the State.

MINORITY REPORT.

A minoritj of your committee holds, further, that an ordinance
regulating gold and United States currency claims, until the Con-
gress of the United States takes action thereon, should be passed by
this Convention.

The above exhibit, under Interrogatory 8th, shows that the seve-
ral railroads are indebted to the School Fund for a sum of above
two and one-half of a million of dollars in gold ; which amount, if
tendered in United States currency, would, under the late decisions
of our courts, most undoubtedly hi declared "a payment in full of all
the claims the school fund may have against said railroads, and
thus a loss would be incurred of about ^750,000 in gold. Although
your committee believes that the Convention can conscientiously not
treat this danger lightly, the liberty is taken of giving a further ar-
gument in favor of an ordniance regulating gold and currency claims
in the following remarks :

The exchanges with Mexico from Western Texas amount to many
millions annually. All these exchanges are based upon gold and
silver. The Mexicans know no other currency, and tlie merchants
of the West are compelled to make the basis of all their transac-
tions the common medium of the world. If they cannot contract
for gold and silver, and enforce those contracts in our courts, it at
once confuses and paralyzes all their transactions. This western
commerce, this stream of gold and silver, flowing constantly from
Mexico and daily increasing, is of infinite val,ue, and a material ad-
dition to the wealth of our whole State. Why shall not an indi-
vidual, a firm or a corporation be at liberty to contract to pay, at a
day certain, one thousand dollars in gold or silver, or coin, or, in de-
fault of their prompt payinent, compel the party contracting to pay
their value in the legal tender notes of the government at their mar-
ket value, as well as to contract to deliver one thousand head of
horses or cattle, and, in default of prompt delivery, to pay
their market value on the day of payment.

No legal mind can draw the distinction, and certainly justice and
equity draw none. The Constitution of the United States abso-
lutely forbids Congress to pass any law, or to permit the States to
pass laws, impairing the obligation of contract ; and where any act

HECONSTRUCTION COXVENTIOX JCVRI^IAL. 609

SO palpably violates public policy, and ablegates all the obligations
of individual contracts, it is certainly unjust aiid inexpedient.

It is the opinion of your committee that it v«f,s not the intention
of^lie Congress of the United States that ihc Legal Tender Act
should be interpreted as has hitherto been doLc by our courts, and
that the Conventioou has the right to interpret the law for itself, and
to make that interpretation binding on the courts of Texas.

In consideration of all these reasonss, the minority of your com-
mittee has instructed me to report the subjoined declaration.

All of which is most respectfully submitted.

E. DEGENER.

A DECLARATION,

Explanatory, of and more particularly defining the Legal Tender
Act, passed by the Thirty-Seventh Congress of the United States,
1861-2.

We, the people of Texas, in Convention assembled, acknoAvledg-
ing tliat the Constitution of the United States, and the laws passed
in pursuance thereof, are the supreme law of the land, declare,

1. That the citizens and corporations of Texas had, and have now,
the undoubted right to contract, and bind themselves for the pay-
ment of gold and silver, or its equivalent coin of the United States.

2. That the act of Congress knoAvn as the Legal Tender Act was
not intended to, nor does it, restrict, alter, modify, or change the
above specified right ; therefore. Be it declared^ That the courts of
Texas shall hereafter conform their decisions to the true intent and
meaning of the individual contracts w^hich may come before them
for adjudication ; unless the Supreme Court of the United States
shall declare that tlie said Legal Tender Act applies to all personal
contracts of the citizens of the United States, without regard to the
forms of their contract.

Mr. Talbot, from the Committee on Education, made the follow-
ing report. Reading was dispensed with, and it was ordered to be
printed.

Committee Room,
Austin, July 31, 1868. '
Hon. E. J. DAVIS,

President of the Convention :

Sin: Your Committee on Education, having had under consider-
ation that part of the Constitution, have instructed me to report
39

610 EEGONSTRUCTION CONVSNTION JOURNAL.

the accompanying article on that subject. The necessity that exists-
in all free States for the education of all the children of the State,
has come to be so universally acknowledged, that no argument ap-
pears necessary to justify the committee in having made so liberal
provision for the support and maintenance of public schools, and^n
giving the control ot tbe whole subject to an independent board.
The article is respectlully submitted to the consideration of the Con-
vention.

JOSEPH W. TALBOT,
Chairman.

PROVISIONS RESPECTING EDUCATION.

Section 1. A general diffusion of knowledge being essential to
the preservation of the rights and liberties of the people, it shall be
the duty of the Legislature of this State to make suitable provision
for the support aud maintenance of a system of public free schools,
for the gratuitous instruction of all the scholastic inhabitants of the
State between the ages of six and eighteen years, without distinction
on account of race, color or previous condition.

Sec. 2. The public free schools and other educational institutions
of the State shall be under the management of a Board of Educa-
tion, consisting of a Superintendent of Public Instruction, the Con-
troller, and two members from each Congressional District. The
Governor of the State shall be ex officio a member of the board, but
shall have no vote in its proceedings.

Sec. 3. The Superintendent of Pablic Instruction shall be Presi-
dent of the Board of Education, and have the casting vote in case of
a tie. lie shall have the supervision of the public free schools of
the State, and perform such other duties as may be imposed upon
him by the Board of Education and law of the State. Tiie Gover-
nor of the State shall nominate, and by and with the advice and con-
sent of two-thirds of the Senate shall appoint, the Superintendent
of Public Instruction, who shall hold his office for a term of eight
years, and shall receive an annual salary of not less than three
thousand dollars, which shall not be diminished during his term of
service. He shall reside at the capital of the State during his con-
tinuance in office, and a suitable office room shall be assigned him by
the officer in charge of the State buildings.

Sec. 4. The members of the board shall hold office for the term of
four years, and until their successors shall be elected and qualified.
After the first election under the Constitution, the board shall be di-
vided into two equal classes, so that each class shall, consist of one
member from each Con<*;ressional district. The seats of the first

RECONSTRUCTION^ CONVENTION JOURNAL. 611

class shall be vacated at the expiration of two years from the day of
election, so that one-half may he chosen biennially.

Sec. 5. The members of the Board of Education, except the Su-
perintendent and Controller, shall be elected by the qualified electors
of tlie Congressional district in which they are ciiosen, at the same
time and in the same manner as the members of Congress.

Sec. 6. The Board of Education shall exercise full legislative
powers in reference to the pul)lic free schools of the State, and its
acts, when approved by the Governor, or when re-enacted by two-
thirds of the board in case of his disapproval, shall have the force
and effect of law, unless repealed by a two-thirds vote of the Legis-
lature of the State.

Sec. 7. The Board of Education shall, at its first session, estab-
lish a uniform system of public free schools throughout the State,
and shall so provide that the course of study and the manner of
teaching shall be the same in all the public schools throughout the
State, and that no one shall be received as an instructor in any of
such public schools who has not received a certificate of competency
from such boards of examination as the Board of Education shall
designate ; provided, that no one shall be held competent as such in-
structor who can not take the oath prescribed by law as a qualifica-
tion for registration as electors.

Sec. 8. The Board of Education, at its first session, shall pass
such laws as wall require the attendance on the public free schools of
the State of all the scholastic population of the State for the pe-
riod of at least four months in each and every year, and shall have
authority to pass, from time to time, all such laws as may be found
necessary or proper to enforce said attendance; provided, tl at such
of the scholastic inhabitants as may be shown to have received reg-
ular instruction for said pei'iod of time in each and every year, from
any teacher having the certificate of competency required by the
seventh section of this article for the teachers of the pu^-iic free
schools, shall be exempt from the operation of the laws contemplated
by this section; and provided further, that all teachers receiving
said certificate of competency shall be required to make returns to
the officer or a.uthority designated by the Board of Education, of the
instruction given by them, in the same manner and in the same form
as that which miay be prescribed for the returns that are to be made
by each instructor, or the principal instructor, in each of the public
free schools ; and provided farther, that when any scholar shall have
completely mastered all the branches of study taught in the public
free schools, he shall be entitled to receive a certificate which shall
exempt him from the further forced attendance upon the public free
schools.

612 KECONSTUUCTION CONVENTION JOURNAL.

Sec. 9, As a basis for the endowment and support of said system
of public free schools, all the funds, lands, and other property, here-
tofore set apart and appropriated, or that may hereafter be set apart
and appropriated, for the support and maintenance of public schools,
shall constitute the public School Fund; and said fund, and the
income derived thereon, shall be a perpetual fund exclusively for the
education of all the scholastic inhabitants of this State, and no law
shall ever be made appropriating said fund for any other use or pur-
pose whatever. And until such time as the board of education shall
provide for the establishment of such system of public free schools
in the State, the fund thus created, and the income derived there-
from, shall remain as a charge against the State, and be placed to
the credit of the public free School Fund.

Sec. 10. All the alternate sections of land, reserved by the State
out of grants heretofore made or that may hereafter be made to rail-
road companies or other corporations, of any other nature whatever,
for internal improvements, or for the development of the resources of
the State, shall be set apart as a part of the perpetual School Fund
of the State ; Provided, that if, at any time hereafter any portion of
the public domain of the State shall be sold, anc] by virtue of said
sale the jurisdiction over said land shall be vested in the United
States government, — in such event, all the proceeds derived from
such sale shall become a part of the perpetual fund of the public free
schools of the State, and the Legislature shall hereafter appropriate
all the proceeds resulting from all sales of public lands to the per-
petual public free School Fund.

Sec. 11. The Legislature shall provide, from time to time, for the
sale of land belonging to the perpetual public free School Fund to
actual settlers exclusively, and not to exceed 640 acres to any one
head of family, upon such time and terms as it may deem expedient;
Provided, that the Legislature shall have no power to grant relief to
purchasers hy granting further time for payment, but shall, m all cases,
provide for the forfeiture of the land to the State for the benefit of the
p'.'rpetual free School Fund, and that all interest accruing from such
sales shall be a part of the income belonging to the public free Scliool
Fund, and subject to appropriation annually for educational purposes.

Sec. 12. The Legislature shall, from time to time, cause the prin-
cipal sum of the public free School Fund noAv on hand, and arising
fi ora the sales of land, or from any other sources, to be invested in
the bonds of the United States of America, or the bonds of the
State of Texas, or such bonds as the State may guarantee ; and the
Legislature shall .have no power to appropi'iate, loan, or invest in
any other manner any part of the principal sum of the perpetual
public free School Fund, for any purpose whatever; and it shall be

RECONSTrtUCTION CONVENTION JOURNAL. 613

the duty of the Legislature to appropriate annually, the income
v.-hich raay be derived from said fund, for educational purposes,
under such system as the Board of Education may adopt ; And, pro-
vided, That the first appropriation of money made by any Legisla-
ture hereafter, out of the general funds of the State, shall be such as
will discharge the amount of principal or interest due upon the bonds
of the State, or such bonds as the State may have guaranteed to the
perpetual public fi-ee School Fund.

Sec. 13. All public lands, which have been heretofore granted
for public schools to the various counties or other political divisions
in this State, shall be under the control of the Legislature, and
shall 1)0 sold on the same terms and under the same regulations as
are or may be prescribed for the sale of the lands belonging to the
perpetual public free School Fund ; and the proceeds of the
sale of said lands shall be added to the perpetual public free
School Fund of the State. And if any of the counties of this
State have not received their quantum of lands for the purpose
of education, the Legislature shall cause to be located for the
benefit of the public free School Fund the same quantity of
land for each of said counties as that heretofore appropriated by the
Congress of the Republic of Texas and the State to other counties.

Sec. 14. The Legislature shall provide for levying a poll-tax of
one dollar on all male persons of over twenty-one years of age for
educational purposes, which shall be annually appropriated in like
manner, and for tjie same purposes as the income which may be de-
rived from the perpetual free school fund.

Sec. 15. It shall be the duty of the Legislature to set apart not
less than one-fourth of the annual revenue of the State derivable
from taxation, not to include the poll tax provided for in Section 14,
for educational purposes, to be appropriated in like manner as pre-
ciibed in Section 14, for the appropriation of the poll tax to be
levied for educational purposes.

Sec. 16. The moneys and lands heretofore granted by the State
for the endowment and support of one or more Universities, shall
hereafter constitute a part of the pul)lic free school fund, and the
lands still unsold shall be sold in the same manner as is provided in
Section eleven (11) of this Article for the sale of other lands belong-
ing to the public free school fund, and the proceeds of said sales,
and the proceeds of any sales heretofore made, when collected, and
the moneys now on hand, or due by the State to the University
fund, shall hereafter constitute a part of the principal of the public
free school fund, which shall be invested in the same manner and
under the same restrictions as provided for in the iavestmant and con-
trol of the principal of the public free school fund in Section twelve

614 RECONSTRUCTION CONVENTION JOURNAL.

(12) of tins Article ; provided, the Board of Education shall, from
time to time, and as soon as practicable, establish iiostitutions of a
higher degree of learning than the ordinary public free schools, and
the highest of them with a course of study equivalent to that of the
average of American colleges.

Sec. 17. The Board of Education shall have power to provide for
the levying of a tax in each school district, sufficient to procure the
site or sites for, and the building of such school house or houses,
with adequate furniture, fixtures and appurtenances, as the "wants of
the scholastic population of said district may require.

Sec is. The four hundred thousand acres of land that have been
surveyed and set apart under the provisions of a law^, approved
August 30th, A. D. 1856, for the benefit of a lunatic asylum, a
deaf and dumb asylum, a blind asylum, and an orphan asylum,
shall constitute a fund for the support of such institutions, one-fourth
part for each ; and the said fund shall never be diverted to any other
purpose. The said lands may be sold, and the fund invested under
the same rules and regulations as provided fcft- the lands belonging
to the public free school fund. The income of said fund only shall
be applied to the support of such institutions, and until so applied
shall be invested in the same m.anner as the principal.

Sec. 19. No rule or law aiTecting the general interest of educa-
tion shall be made by the Boa,rd of Education without a concurrence
of a majority of its members. The style of all acts of the board
shall be, "Be it enacted by the Board of Education of the State of
Texas. '^

Sec. 20. The Board of Education shall meet annually at the seat
of Government, at the same time as 'the Legislature, but no more
than one session shall be held in the same year, unless authorized
by the Governor. The members shall receive the same mileage and
daily pay as the members of the Legislature.

Sec. 21. Each school district shall be required to i-aise by local
taxation on property an amount of money for educational purposes,
and subject to the control of the Board of Education, equal to the
pi'O rata share of said district in the appropriations annually to be
made by the Legislature for school purposes ; and any school district
failing to raise said amount by said taxation, shall be deprived of its
pro rata share of said annual appropriations ; and said share shall
be distributed pro rata among the scliool districts complying with
the requirements of this Section. The Boaixl of Education shall
proscribe the time and manner in wliich said district taxes may be
raised ; provided, tliat all property within said school districts, sub-
ject to State taxes, shall be made subject to said local tax.

EECONSTRUCTION CONVENTION JOURNAL. 615

Mr. Wliitmove, from the Committee on Finance, offered the fol-
lowing report and accompanying declaration :

Committee Room,

July 29, 1868. •
Hon. E. J. DAVIS,

President of the Convention :

The Committee on Finance have had a resolution offered by Scott,
of Lamar, under consideration, asking that the Police Court of Lamar
county be autliorized to levy a special tax for the pvirpose of paying
the present indebtedness of said county, have had 'the same under
consideration, and recommend its passage.

WHITMORE,

Chairman.

DECLARATION.

Be it declared by the people of Texas in Coiivetitioti assem-
bled:

That the Police Court of Lamar county be authorized to levy a
special tax, for the purpose of paying the present indebtedness of
said county, and that said tax be collected as heretofore directed by
law.

Mr. Whitmore, from the Committee on Finance, made the follow-
ing additional report:

Hon. E. J. DAVIS,

President of the Convention

Committee Room,

July 29, 1868.

Sir: The Committee on Finaii,ce, to whom was referred two fol-
lowing letters of General Buchanan, refusing to endorse two resolu-
tions passed by this Convention, to-wit :

First. A resolution appropriating the sum of fifteen thousand
dollars for the payment of officers and employes appointed by the
Provisional Governor A. J. Hamilton.

Second. A resolution appropriating the sum of twenty-five thou-
sand dollars, to be placed hi the hands of Governor Pease, for the
purpose of employing detectives to ferret out crimes and criminals,
and of paying suitable rewards to persons who succeed in arresting
and bringing to justice criminals.

616 RECONSTRUCTION CONVENTION JOURNAL.

Your committee have duly considered the same and are of opinion
that the dignity of the Convention does not require that any notice
be taken of the Linguage used in the reply of General Buchanan to
the second resolution, and recommend that both resolutions be passed
again by the Convention, and recommend to General Reynolds, who
now is the Commander of the Fifth Military District.
All of which is respectfully submitted.

WHITMORE,
Chairman of the Committee on Finance.

Headquarters Fifth Military District,
Office of Secretary for Civil Affairs,

New Orleans, La., July 2i, 1868.

Hon. E. J. DAVIS,

President Texas Constitutional Convention :

Austin, Texas :

Sir : I am instructed by the Commanding General to acknowledge
the receipt of your communication of the tenth instant, with
enclosures, and in reply thereto to inform you that the resolution of
the Convention adopted on the twenty-third day of June, 1868,
appropriating " fifteen thousand (^15,000) dollars, or so much
thereof as may be sufficient, to pay the unsettled balance due the
civil officers of the State of Texas appointed by Governor A. J.
Hamilton," having been considered by the Commanding General, is
for the following reasons, respectfully feturned to the Convention
without the approval asked for.

First. He is unable to find, in the reconstruction act of Congress
under which the Convention assembled, anything which authorizes it
to a])propriate the moneys of the State for the purpose specified in
said " declaration."

Second. This is properly ;i subject for legislation, and should be
left to the consideration of the State Legislature.
I am, sir.

Very res|)ectfully.

Your obedient servant,

B. B. KEELER,
Brevet Major U. S. A.,

Secretary Civil Affiiirs.

eeconstpa'ction convention journal. 617

Headquarters Fifth Military District,
New Orleans, La., Julj 21, 18G8.
Hon. E. J. DAVIS,

President Texas Constitutional Convention,

Austin, Texas:

Sir : The following " declaration " of the Texas Constitutional
Convention of the second of Julj, 1868, to-vfit : " That the sum of
twentj-five thousand dollars, or so much thereof as may be neces-
sary, be, and the same is hei-eby appropiiated out of any money in
the State treasury not otherwise appropriated, and that the same be
placed at the disposal of the Governor of Texas, to enable him to
offer suitable rewards for the arrest and apprehension of such des-
peradoes, and to employ detectives to ferret out their hiding places,
and that this resolution be forwarded to the Commanding General of
the Fifth IMilitary District, for approval.

" Provided, that no part of the same shall be used unless the IMili-
tary Commander of the District of Texas shall fii'st be authorized to
organize military commissions for the trial of offenders," having been
submitted to the Commanding General of the Fifth Militar}^ District
for his approval, is, for the following reasons, respectfully returned
to said Convention without the approval asked for.

First. He is unable to find, in the reconstruction act of Congress
under which the Convention assembled, anything which authorizes
it to appropriate the moneys of the State for the purpose specified in
said " declaration."

Second. This is properly a subject for legislation, and should be
left to the consideration of the State Legislature.

Third. The declaration appropriates twenty-five thousand dollars
(^25,000) to be used as above stated, with a proviso vrith reference
to militarj^ commissions, which its author doubtless intended as a
gratuitous indignity to the Commanding General of the jNlilitary
District, by coupling it with conditions intended to reflect discredit-
ably upon his administration of its civil affairs.

Witli the display of such a spirit on the part of the Convention,
the approval, by the Commanding General, of an act which equally
violates the leconstruction act under which it was convened and the
object for which it was assembled, can hardly be expected.
I am, sir.

Very respectfully,
, Your obedient servant,

B. B. KEELER,
Brevet Major U. S. A.,

Secretary Civil Affairs.

618 RECONSTRUCTIO]Sr COITVEXTIOX JOURNAL.

Mr. Glenn, from the Committee on Finance, made the following
minority report :

To the Hon. E. J. DAVIS,

President of the Convention

Committee Room,
Julj 29, 1868.

The majority of the Committee on Finance have reported that the
re?ojutions of the Convention appropriating lilS.OOO to pay officers
and appointees under the provisional goveinment of Governor Ham-
ilton, and also the one placing at disposal of Governor Pease
$25,000, to aiTOst thieves and robbers and to ferret out their hiding
places, and which said appropriation having been disapproved by
General Buchanan, commanding Fifth Military District, said ma-
jority of the committee ask that the same be repassed by this Con-
vention, and submitt€fd to Brevet Brigadier General J. J. Reynolds
for his approval.

To all of which I most respectfully dissent, upon the ground that
the resolutions were submitted, according to then" tenor and effect,
to the commanding officer of the Fifth Military District, and he
having refused to make or approve said appropriation, as was iiis
prerogative to do, alleging in vindication of his course, that no such
powers were- contemplated in the reconstruction acts of Congress ;
and that, as the Convention was acting solely under the authority
derived from said reconstruction acts, it is wholly inconsistent with
sound discussion and right reason to assume that we have any such
legislative power vested in this body ; and 1 would beg further to
state that the appropriations in the resolutions having been defeated
in a legitimate nrinner, they are not now a proper subject for con-
sideration by this Convention; and finally they are subjects of purely
a legislative character, and should be properly considered by the
Legislature when one shall lie convened.

Besides, they are calculated to inflame the pul)lic mind, already
too much agitated ujwn the great subject of large appropriations, and
a systeta of taxation almost insufferable. All of which I submit.

MARSHAL GLENN,
of Anderson county.

Mr. Degener moved to suspend rules for consideration of the report
of the Committee on Finance. *

Rules sus})ended.

Mr. Degener offered the following resolution :
Be it resolved^ That a declaration of this Convention, asking the

RECOXSTRUCTIOX CONVENTION JOURNAL. 619

assent of General Buchanan to the payment of ifjlSjOOO out of the
treasury, for the settlement of claims of officers appointed by Pro-
visional Governor Hamilton, be referred to General Reynolds for
approval.

The question recurring upon the second reading of the resolution,
it was read a second time and agreed to.

Rules suspended.

Resolution rea.d third time and passed.

Mr. Hamilton, of Tiavis, offered the following resolution :

Whereas, Texas has been ci eated a military district, and Brevet
Major General J. J. Reynolds, in Avliose loyalty, ability, and patri-
otism, this Convention has full confidence, has been assigned to its
command ; therefore be it

Resolved^ That the committee heretofore appointed hj order of
this Convention to repair to Millican to investigate the late distur-
bances at that place, be, and they are hereby relieved from such
duty.

Mr. Hamilton, of Travis, moved a suspension of rules for consider-
ation of resolution.

Rules suspended; and resolution agreed to.

Mr. Degener moved the suspension of rules to consider report of
the Committee on Finance.

Rules suspended.

JSIr. De2;ener oifered the followini]; resolution :

Be it resoli'ed, That a resolution of this Convention, in reference
to an appropriation of |^25,000, for the purpose of ferreting out
criminals, and paying suitable rewards for their -arrestation, which
Avas not endorsed by General Buchanan, be referred to General
Reynolds for adoption.

Mr. Burnett offered the following substitute :

Whereas, The State of Texas has been created a Military Dis-
trict, under the reconstruction acts of Congress, and Brevet Major
General J. J. Reynolds has been assigned to the command of the
said district; and

Whereas, The law-abiding citizens of Texas repose full confi-
dence in the loyalty, ability, and patriotism of General Reynolds;
therefore

Resolved, That this Convention will make no appropriation of
money for the detection and arrest of criminals, nor consider the pro-
priety of so doing unless so recommended by the Governor of Texas,
or ISiajor General Reynolds.

Mr. Degener moved to lay the substitute on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

620 RECONSTRUCTION CONVENTION JOURNAL.

Yeas — Messrs. Presidentj Adcams, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Brown. Bryant of Harris, Buffington,
Constant, Curtis, Degener, Downing, Evans of McLennan, Fajle,
Fleming, Foster, Grigsbj, Home, Hunt, Johnson of Harrison, Jor-
dan, Kealj, Kendal, Kuecliler, Leib, Lindsay, Lippard, Mundine,
Oaks, Patten, Posey, Ruby, Schuetze, Scott, Slaughter, Smith of
Marion, Stockbridge, Sumner, Talbot, Vaughan, Watrous, Whit-
more, Williams, Wright, Yarborough — 47.

Nays — Messrs. Armstrong of Jasper, Boyd, Bryant of Grayson,
Burnett, Carter, Evans of Titus, Flanagan, W. Flanagan, Gaston,
Glenn, Hamilton, of Travis, Harris, Harn, Johnson of Calhoun,
Keigwin, Mackey. McCormick, Mills, Morse, Muckleroy, Munroe,
Newcomb, Phillips of San Augustine, Phillips of Wharton, Rogers,
Smith of Galveston, Thomas, Varnell, Wilson of Brazoria, Wilson
of Milam— 30.

So the substitute was laid upon the table.

Mr. Thomas moved to amend by inserting the word "apprehen-
sion," instead of "arrestation."

Carried.

Mr. Munroe moved to strikeout the Avords " ferreting out."

Carried.

Mr. Boyd moved to amend by inserting "^10,000," instead of
"^25,000."

Mr. Bellinger moved to lay the amendment on tlie table.

Carried.

Mr. Armstrong of Jasper moved to lay the resolution upon the
table.

Upon which the 3'eas and nays were demanded, and resulted
thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Boyd, Burnett,
Carter, Cole, Evans of Titus, Flanagan, W. Flanagan, Gaston,
Glenn, Harris, Johnson of Calhoun, Keigwin, Mills, Morse, Muck-
leroy, Mundine, Phillips, of W^harlon, Varnell — 20.

Nays — Messrs. President, xVrnistiong of Lamar, Bell, Bellinger,
Bledsoe, Board, Brown, Bryaiit of Grayson, Bryant of Harris, Buf-
fington. Constant, Cuitis, Degener, DowniDg, Evans of McLennan,
Fleming, Foster, Giigsby, Hamilton of Travis, Hain, Hurit, John
son of Harrison, Jordan, Kealy, Kendal, Kuecliler, Leib, Lindsay,
Lippard, Long, Mackey, McCoimick, Munroe, Ncvrcomb, Oaks,
Patten, Pedigo, Phillips of San Augustine, Posey, Rogers,
Rul>y, Schuetze, Scott, Slaughter, Smith of Marion. Stockbridge,
Sumner, Talbot, Thomas, Vaughan, Watrous, Wln'tmore, Williams,
Wilson of Brazoria, Wilson of Milam, "Wiiglit — 06.

So the Convention refused to lay the resolution on the table.

RECONSTRUCTION CONVENTION JOURNAL. 621

Mr. Glenn moved to commit the resolution to the Committee on
Judiciary.

Mr. Degener moved the previous question upon the passage of the
resolution.

Previous question seconded.

The question recuri-ed. Shall the main question be now put ?

The main question was ordered.

The question recurred, Shall the resolution be engrossed?

It was ageeed to.

Mr. Slaughter moved a further suspension of the rules to put
resolution upon its passage.

Kules suspended.

Resolution read third time and passed.

Mr. Hamilton of Travis offered the followino- resolution :

Resolved^ That the President and Secretary be authorized to sign
a requisition on the Treasury on behalf of the offiaial Reporter for
the amount of salary due him to date.

Mr. Hamilton moved that the rules be suspended to consider reso-
lution.

By consent, the resolution was vrithdrawn.

Mr. Johnson of Calhoun moved that the rules be suspended to
take up the resolution reported from the Committee on Contingent
expenses, and passed to a second reading on July 17.

Rules suspended.

Mr. Johnson of Calhoun moved that the resolution be recommitted
to the Committee on Contingent Expenses, with instructions to re-
port a resolution in conformity with resolution olfered to-day on this
sul>ject l)y Mr. Hamilton of Travis.

Mr. BuiBngton moved that the rules be suspended to take up the
resolution offered by Mr. Armstrong of Lamar, respecting the intro-
duction of new matter into the Convention after Saturday, Au-
gust 1.

Rules suspended.

Mr. Burnett offered the following amendment :

And that all declarations, resolutions or matters whatever, of a
legislative character, and not pertaining to the organic law of the
State, are hereby indefinitely postponed.

Mr. Sumner moved to lay the original resolution upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Board, Boyd, Carter, Cole, Coleman, Constant,
Evans of McLennan, Evans of Titus, Fayle, Flanagan, W. Flana-
gan, Foster, Gaston, Goddin, Harris, Hunt, Johnson of Calhoun,
Jordan, Kealy, Long, McCormick, Morse, Muckleroy, Mundine,

622 RECONSTRUCTIOX CONVENTION JOURNAL.

Munroe, Oakg, Smith of Marion, Sumner, Tliomas, Varnell,
Vaugban — 31.

Nays — Messrs. President, Adams, Armstrong of Jasper, Ai'm-
strong of Lamar, Bell, Bjlliager, Bledsoe, Bryant of Grayson, Buf-
fino'ton. Batler. Burnett, Curtis, Do\vnin'2:, Fleminii:, Keii>;wia, Kaecli-
ler, Leib, Lindsay, Lippard, Mackey, Mills, Neweomb, Phillips of San
Augustine, Phillips of Wharton, Rogers, Scott, Watrous, Williams,
Wilson of Brazoiia, Wilson of Milam, Wrigiit, Yarborough — 32.

So the Convention refused to lay the original resolution U|)on the
tahle.

Mr. Thomas offered the following amendment :

Amend by inserting after the word " matter " the words " foreign
to the formation of a constitution."

Mr. Buffington moved to lay the amendment on the table.

Lost.

The question recurred upon the adoption of the amendment.

It was adopted.

Mr. Sumner moved to lay the resolution, as amended, on the
table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bell, Boyd, Bryant of Harris, Butler, Carter,
Coleman, Constant, Curtis, Evans, of McLennan, Fayle, Flanagan,
W. Flanagan, Foster, Goddin, Harris, Hunt, Johnson of Calhoun,
Kealy, Kendal, Leib, Long, McCormick, Mc Washington, Morse,
Muckleroy, Mullins, Mundine, Munroe, Oaks, Pedigo, Ruby, Smith
of Marion, Sumner, Talbot, Varnell, Williams, Wright — 37.

Nays — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bellinger, Bledsoe, Board, Brown, Bryant
of Grayson, Buffington, Burnett, Downing, Gaston, Grigsby, Keig-
win, Lindsay, Lippard, Mackey, Mills, Phillips of San Augustine,
Phillips of Wharton, Rogers, Scott, Smith of Galveston, Thomas,
Watrous, Whitmore, Wilson of Milam — 28.

So the resolution was laid upon the table.

Mr. Evans of McLennan oflbred the following resolution :

Resolved, That whereas, AVilliain E. Home, a member of this
Convention, was sick at its assembling, and remained unable to get
to his seat in tliis hody from such sickness until a fcAV weeks since,

Be it declared, That the Secretary of this Convention do issue to
tlie said William E. Home a certificate for the time he Avas absent on
account of sickness.

On motion, the rules were suspended for consideration of resolu-
tion.

RECONSTRUCTION CONVENTION JOURNAL. 623

Mr. Sumner moved to refer the matter to the Committee on Po-
litical and Legislative.

Lost.

The question recurred upon the adoption of the resolution.

It was adopted.

Mr. Ruby moved that the rules be further suspended to put reso-
lution on its passage.

Resolution read third time and passed.

ISIr. Pedigo offered the following resolution, and asked its refer-
ence to the Committee on Commerce and Manui^ictures :

Be if Resolced by the jjenple of Texas in Convention assem-
blecl^ 1. That the Congress of the United States be, and is hereby
requested to make by law, Sabine Pass, in the State of Texas, a
port of entry.

2. That copies of this resolution, signed by the President of this
Convention, and attested by the Secretary thereof, be forwarded to
the Speaker of the House of Representatives and President of the
Senate of the United States.

It was so referred.

The President announced the business in order was the unfinished
business of yesterday, upon the adoption of the amendment of Mr.
Munroe to the 22d Section of the report of the Executive Com-
mittee.

]Mr. Flanagan moved to lay the am8ndn>3nt upon the table, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper. Board, Boyd, Brown, Bry-
ant of Grayson, Buffington, Carter, Cole, Evans of Titus, Flana-
gan, W. Fla,nagan, Fleming, Gaston, Harn, Lindsay, Mackey,
Mills, Muckleroy, Mullins, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Rogers, Scott, Stockbridge, Thomas, Var-
neli, Vaughan, VVilson of Milam, Wright. — 30.

Nays — jMessrs. President, Bell, Bledsoe, Brj-ant of Harris, But-
ler, Burnett, Coleman, Constant. Curtis, Degener. Downing, Evans
of McLennan, Foster, Goddin, Grigsby, Hunt, Johnson of Harri-
son, Kealy, Kendal-, Kuechler, Leib, Lippard, Long, McCormick,
McWashington, Munroe, Oaks, Patten, Posey, Ruby. Slaughter,
Smith of j^iarion, Sumner, Talbot. Watrous, Whitmore, Williams,
Wilson of Brazoria, Yarborough — 39.

So the Convention refused to lay the amendment on the table.

The question recurred upon the adoption of the amendment.

Mr. Buffington mov^'d a call of the House.

Call sustained.

Mr. .Johnson, of Calhoun, asked to be excused to-day.

Leave granted.

624 RECONSTRUCTION' CONVENTION JOURNAL.

On motion, the call of the House was suspended.

Mr. Flanagan moved a call of the H^use. •

Call sustained.

Mr. McCormick asked leave of absence for Mr. Talbot.

Carried.

Mr. Posej moved that tha Convention adjourn until four o'clock
this afternoon.

Lost.

Mr. Butler moved to adjourn until eight o'clock this evening.

Lost.

Mr. Buffington moved to adjourn until to-morrow morning at
nine o'clock.

Mr. Slaughter moved a suspension of the call of the House.

Lost.

Mr. Evans, of McLennan, moved a suspension of the call of the
House, upon which tlie jeas and najs were demanded, and resulted
thus :

Yeas — Messrs. President, Bell, Bellinger, Bledsoe, Board, Bojd,
Bryant of Harris, BufHngton, Eutler, Burnett, Carter, Coleman,
Constant, Curtis, Evans of McLennan, Evans, of Titus, Eajle,
Flanagan, Fleming, Foster, Go(Min, Grigsbj, Hamilton of Travis,
Harn, Home, Hunt, Johnson of Harrison, Jordan, Kealj, Kcigv/in,
Kendal, Kuechler, Leib, Lindsay, Lippard, Mackey, McCormick,
McWashington, Mills, Muckleroy, iiuuroe, Patten, Phillips of
San Augustine, Phillips of Wharton, Posey, Ruby, Slaughter,
Smith of Galveston, Smith of Marion, Stockbridge, Sumner, Thomas,
Varnell, Vaugban, Watrous, Whitmore, Williams, Wilson, of Bra-
zoria, Wright, Yarborough — 60.

Nays — Messrs. Adams, Armstrong of Jasper, Brown, Bryant of
Grayson, Cole, Degcner, Downing, W. Flatiagan, Gaston, Harris,
Long, Oaks, Pedigo, Rogers, Scott, Wilson, of Milam — 16.

So the call of the House was suspended.

The question recurring upon the adoption of the amendment,
upon which the ye:is and nays were demanded, and resulted thus :

Yeas — Messrs. President, Bell, Brj^ant of Harris, Butler, Bur-
nett, Coleman, Constant, Curtis, Degcner, Downing, Evans of
McLennan, Foster, Goddin, Grigsby, Hunt, Johnson of Harrison,
Jordan, Kendal, Kuechler, Lippard, Long, McCormick, McWashing-
ton, Munroe, Patten, Posey, Ruby, Slaughter, Smith of Marion,
Sumner, Whitmore, Wilson of Brazoria — 32.

Nays — Messrs. Adams, Armstrong of Jasper, Bellinger, Board,
Boyd, Brown, Bryant of Grayson, Buffington, Carter, Cole, Evans
of Titus, Fayle, Flanagan, W. Flanagan, Fleming, Gaston, Glenn,
Hamilton of Travis, Harris, Home, Harn, Kealy, Iseigwin, Leib,

RECONSTRUCTION CONVENTION JOURXAL. 625

Lindsay, Mackey, Mills, Morse, Muckleioy, Mundine, Pedigo,
Phillips of San Augustine, Phillips of Yvhaiton. Rogers, Scott,
Smith of Galveston, Stockbiidge, Thomas, Vainell, Vaughan, Wat-
rous, Williams, Wilson of Milam, Wright, Yari orough — 45.

So the Convention refused to adopt the ameiuiment.

Section 22, upon motion, was adopted.

Mr. Smith, of Galveston, moved that the Convention adjourn
until to-morrow morning at 9 o'clock.

Motion withdrawn.

Mr. Hamilton, of Travis, moved that Mr. Harn be excused for
two weeks.

Carried.

Upon the motion to adjourn, the yeas and nays were demanded
and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bellinger, Bledsoe, Boyd,
Brown, Carter, Cole, Coleman, Curtis, Degener, Downing, Evans
of Titus, Fayle, Foster, Glenn, Goddin, Gray, Hamilton of Travis,
Harris, Harn, Home, Hunt, Jordan, Keigwin, Kendal, Kuechler,
Long, Mackey, McWashington, Mills, Morse, Mundine, Oaks, Pedi-
go, Phillips of Wharton, Rogei'S, Ruby, Smith of Galveston, Smith
of Marion, Stockbridge, Sumner, Varnell, Vaughan, Williams — 44.

Nays — Messrs. President, Adams, Bell, Board, Bryant of Gray-
son, BufEngton, Butler, Burnett, Constant, Evans of McLennan,
Flanagan, W. Flanagan, Fleming, Gaston, Johnson of Harrison,
Kealy, Leib, Lindsay, Lippard, McCormick, Muckleroy, Munroe,
Patten, Phillips of San Augustine, Posey, Schuetze, Scott, Slaugh-
ter, Thomas, Watrous, Whitmore, Wilson of Brazoria, Wilson of
Milam, Wright, Yarborough — 35.

So the Convention adjourned until to-morrow morning at nine
o'clock.

CAPITOL. AUSTIN, TEXAS,
August 1, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain.
Journal of yesterday read and adopted.

Mr. Boyd moved to adjourn till Monday morning at nine o'clock.

Upon which the yeas and nays were demanded, and resulted thus :

Y'eas — Messrs. President, Armstrong of Jasper, Boyd, Carter,
Cole, W. Flanagan, Gaston, Hai'ris, Home, Johnson of Calhoun,
'40

626 RECO:NrSTRI]CTIO>^' CONVEXTIOX JOURISrAL.

Keigwin, Mills, Morse, Mnckleroy, Posey, Rogers, Scott, Smith of
Manon, Varneil, Vaugbaii — 20.

Nays — Messrs. Adarus^ Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Bryant of Grayson, Bryant of Harris, Buffington^
Burnett, Coleman, Constant, Curtis, Degener, Evans of RicLennan,
Tajde, Flanagan, Fleming, Foster, Grisby, Hunt, Jordan, Kealy,
Kendal, Keucbler, Lindsay, Lippard, Mackey, McCormick, Mua-
dine, Munroe, Patten, Piiillips of San Augustine, Piiillips of Whar-
ton, Buby, Slaughter, Stockbridge, Sumner, Thomas, Watrous,
VVhitmore, ■(niliauis, Wilson of Brazoria, Wilson of Milam, Wright
—45.

So the Convention refused to adjourn.

Mr. Bryant, of Grayson, moved that all members who voted aye,
who wished leave of absence to attend the Democratic Barbecue, be
excused.

Carried.

Mr. Hamilton, of Travis, moved to adjourn until Monday morn-
ing, at nine o'clock.

Upon which the yeas and nays w^ere demanded and resulted thus :

"Yeas — Messrs. President^ Armstrong of Jasper, Boyd, Brown.,
Buffington, Butler, Burnett, Carter, Cole, Constant, Curtis, Evans
of Titus, W. Flanagan, Gaston, Grigsby, Hamilton of Travis,
Harris, Ham, Home, Johnson of Calhoun, .Kealy, Keigwin, Lip-
pard, Long, McWashington, Mills, Morse, Mundine, Munroe, Pcdi-
go, Posey, Rogers, Scott, Slaughter, Smith of Marion, Varneil,
Yaughan, Yv^hitmore, Wilson of Brazoria, Yarborough — 40.

Nays — Messrs. Adams, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Bryant of Grayson, Bryant of Harris, Colemaij, Deg-
ener, Evans, of McLennan, Fayle, Flanagan, Fleming, Foster,
Plunt, Jordan, Kendal, Kuechler, Leib, Liisdsay, Mackey, Patten,
Phillips of San Augustine, Phillij)s, of Wharton, Ruby, Stock-
bridge, Sumner, Thomas, Wairous, Williams, Wilson, of Milam —
32.

So the Convention adjourned until Monday morning at nine
o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 627

CAPITOL, AUSTIN. TEXAS,
August 3, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Thomas presented a petition fi'om the citizens of Kauiinan,
Collin, Dallas and Hunt counties, praying lor a formation of a new
county.

On motion the reading of the petition was dispensed with, and it
was referred to the Committee on Counties and County Bounda-
ries.

i>Ir. Hunt, from the Committee on State Affairs, made the follow-
ing report :

To the Hon. E. J. DAVIS,

President of the Convention

Committee Room,
Austin, July 31, 1868.

Sir : Your Committee on State Affairs, to whom vfas referred the
report of the Committee appointed to inquire into the condition of
the convicts in the Texas State Penitentiary, and examine into the
nature of the crimes for which they are confined in that institution,
have had the same under consideration, and from the evidence pre-
sented are of the opinion that there are many under sentence for a
term of years for trivial offenses, who are pre per subjects for Execu-
tive clemency ; but. as your committee are not prepared to give that
attention to the matter which its importance demands, in order to do
full justice to the criminal, and at the same time having due
regard for the interests and well-being of society, your committee
respectfully return the report to your honorable body, and recommend
its reference to His Excellency Gov. E. M. Pease, for his ini'orina-
tion and action thereon.

H. C. HUNT,

Chairman.

On motion of Mr, Patten the rules were suspended to take up
report.

Mr. Patten offered the following resolution :

Be if >-esolred, That the report of the Committee appointed to
inquire into the condition of the convicts confined in the Texas

628 RECONSTRUCTION CONVENTION JOURNAL,

State Penitentiary be referred to His Excellency Gov. E. M.
Pease.

Resolution read and agreed to.

Mr. Patten moved a farther suspension of the rules for the pass-
age of the resolution.

Rules suspended.

Resolution read third time, and passed.

Mr. Hunt, from the Committee on State Affairs, made the follow-
ing additional report.

Committee Room,
Austin, July 31, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir: Your Committee on State Affairs, to whom was referred a
resolution offered by Hon. Mr. Bryant, of Harris, to the effect that
no person charged with a capital offense shall be discharged or ad-
mitted to bail by a justice of the peaoe after examination, have had
the same under consideration, and instructed me to report the same
back to the Convention, and ask that it be referred to the Committee
on Political or Legislative.

H. C. HUNT,
i Chairmar.

Mr. Flanagan offired the following resolution :

Resolced, That this Convention will hold morning and noon ses-
sions, say from 9 A. M. to 1 P. M.

Morning sessions confined to regular business.

Evening sessions, each member, commencing alphabetically, may
in turn call up any matter he may prefer to act upon, which shall
be immediately disposed of

Mr. Sumner moved to reject the resolution.

Upon whicli the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Armstrong, of Jasper, Degener, Fos-
ter. Hunt. Keuchler, Patten, Slaughter, Smith of Marion. Sumner

— io.

Nays — iMessrs. Adams, Ai-mstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Bufiington,
Butler, Burnett, Carter, Cole, Coleman, Curtis, Evans of
McLennan, Flanagan, Fleming, Hamilton of Travis, Harris,
Johnson of Calhoun. Keigwin, Kendal, Leib, Lindsay, Lippard,
Mackey, Mc Washington, Mucklcroy, Mundine, Munroe, Newcomb,
Phillips of Wharton, Rogers, Schuetze, Scott, Smith of Gal-

RECONSTRUCTION CONVENTION JOURNAL. 629

veston, Thomas, Yarnell, Vaughan, Watrous, Williams, Wilson of
Brazoria, Wright, Yarborough — 47.

So the Convention refused to reject.

jSIr. Burnett moved a suspension of rules to take up resolution.

Rules suspended.

Mr. Butler offered the following amendment :

Amend bj striking out from "four" to "seven," and insert
"eight'' to "ten."

Mr. Munroe moved to lay the amendment on the table.

Upon which the jeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Adams, Armstrong of Lamar, Bell, Bellinger,
Board, Brown, Bryant, of Grayson, Buffington, Burnett, Carter,
Cole, Coleman, Constant, Curtis, Degener, Fayle, Flanagan, W.
Flanagan, Fleming, Foster, Hamilton of Travis, Johnson of Har-
rison, Johnson of Calhoun, Kealy, Keigwin, Kendal, Keuchler,
Leib, Lindsay, Mackey, Mc Washington, Morse, Muckleroy, Mun-
roe, Phillips of San Augustine, Phillips of Wharton, Rogers, •
Ruby, Schuetze, Scott, Smith of Galveston, Stockl^'idge, Thomas,
Varneli, Yaughan, Watrous, Williams, Wright, Yarborough — 49.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Butler, Evans of McLennan, Hairis, Hunt, Lippard, Mundine,
Newcomb, Patten, Slaughter, Smith of Marion, Sumner, Whitmore,
Wilson of Br:izoria — 17.

So the Convention laid the amendment upon the table.

Mr. Munroe offered the following amendment :

Amend by striking out all after the words " seven o'clock P. M."

Mr. Sumner offered the following amendment to the amendment :

Amend, by making the time from eight to one A. M, and from two
to eight P. M.

Mr. Flanagan moved the previous question upon the passage of
the resolution.

Previous question seconded.

The question recurring, " shall the main question be now put?"

Upon which the*yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Adams, Armstrono; of Lamar, Bell, Eellino;er,
Bledsoe, Board, Boyd, Brown, Buffington, Cole, Coleman, Constant,
Curtis, Flanagan, W, Flanagan, Fleming, Hamilton of Travis,
Johnson, of CVJhoun, Jordan, Kealy, Keigwin, Lindsay, Mackey,
Mc Washington, Muckleroy, Mullins, Phillips, of San Augustine,
Phillips, of Wharton, Rogers, Scott, Smith of Galveston, , Stock-
bridge, Talbot. Yarnell, Vaughan, Watrous, Whitmore, Williams,
Wilson of Brazoria, Wilson, of Milam, Wrio-ht, Yarborough — 42.

630 RECONSTRUCTION CONVENTION JOURNAL.

Najs — Messrs. President, Armstrong, of Jasper, Br jant of Gray-
son, Butler, Burnett, Carter, Degener, Evans of McLennan,
Fayle, Foster, Harris. Hunt, Johnson of Harrison, Kendal, Kuech-
ler, Leib, Lippard, Morse, Mundine, Munroe, Newcomb, Patten,
Rubj, Gcliuetze, Slaughter, Smith of Marion, Sumner — 27.

So the main question was ordered.

Mr. Sumner moved a call of the House.

Call sustained.

Absentees — Messrs. Downing, Evans of Titus, Gaston, Grigsbj,
Home, Long, McCormick, Mills, Oaks, Posej, Talbot.

Mr. Bell moved to suspend the call of the House.

Upon which the yeas and nays w^ere called, and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Board, Boyd, Brown, Bryant of Grayson,
Buffington, Burnett, Carter, Cole, Coleman, Constant, Curtis, Evans
of ^.IcLennan, Fayle, Flanagan, W. Flanagan, Fleming, Foster,
Glenn, Hamilton of Travis, Hpai-is, Johnson of Hariison, Johnson
of Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib, Lindsay, Lip-
pard, Mackey, McWashington, Muckleroy, Mullins, Phillips of
Wharton, Rogers, Schuetze, Scott, Slaughter, Smith of Galveston,
Stock])ridge, Thomas, Varnell, Vaughan, Watrous, Whitmore, Wil-
liams, Wilson of Brazoria, Wilson of Milam, Wright, Yarborough
—54.

Nays — Messrs. Butler, Degener, Hunt, Kuechler, Morse, Mun-
dine, Munroe, Newcomb, Patten, Ruby, Smith of IMarion, Sumner
—12.

So the call of the Hou,se Avas suspended.

The question recurring upon the adoption of the resolution, the
yeas and nays were demanded and resulted thus :

Ycus — Messrs. Adams, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Boyd, Brown, Bryant of Grayson, BufSngton,
Burnett, Carter, Cole, Coleman, Constant, Curtis, Flanagan, W.
Flanagan, Fleming, Glenn, Hamilton of Travis, Johnson of Har-
rison, Johnson of Calhoun, Kealy, Keigwiif. Kendal, Lindsay,
Mackey, McWasliington, Mucklei'oy, Mullins, Munroe, Phillips of
San Augustine, Pliillips of Wharton, Rogers, Scott, Smith of Gal-
veston, Stockbridge, Thomas, Varnell, Vaughan, Watrous, Whit-
moi'e, Wilson of Brazoria, Wilson of Milam, Wright, Yarborough
—47.

I*^ ays — Messrs. President, Armstrong of Jasper, Butler, Degener,
Evai^s of McLennan, Fayle, Foster, Harris, Hunt, Kuechler, Leib,
Lippard, Morse, Mundine, Newcomb, Patten, Rul)y, Schuetze,
Slaughter, Smith of Marion, Sumner — 21.

RECOXSTRUCTION COXVEXTION JOURNAL. 631

So the resolution was adopted.

Mr. Decrener offered the followino; resolution :

Resoli-ed, That the entire railroad matter be referred to a select
■committee.

Laid over under the rules.

Mr. Kuechkr offered the following resolution :

Whereas, It is difficult to find enough persons competent to nil
the office of county surveyor, this office not being a paying one in
most counties ;

Be if resolved^ That the Committee on General Provisions be
instructed to report on the feasibility of making the survej'or's dis-
tricts the same as the judicial districts.

Laid over one day.

Mr. Newcomb offered the following resolution :

Resolved J That this Convention take a recess from and after the
fouiteenth instant until the twentieth of December, 1868.

Resoh-ed^ That the reports of the different constitutional com-
mittees be printed in the order they will come in the Constitution,
as a report to be presented for action at the convening of the Con-
vention in December.

Laid over one day.

Mr. Evans, of McLennan, moved a suspension of rules to con-
sider the resolution.

Lost.

Sir. Armstrong, of Lamar, offered the following declaration :

DECLARATION FOR A NSW COUNTY.

Section 1. We, the people of Texas in Conveniioii assembled,
do declare, That a new county is hereby formed out of the foiloAving
territory :

Beginning at the junction of BuSlilo creek with the east fork of
the Trinity river, in the county of Kaufman ; thence due west to the
boundary line of Kaufniun and Dallas counties ; thence north-west
to the confluence ofi Muddy creek into Rowlet creek ; thence up
Muddy creek to the southern boundarj^ line of Collin county ; thence
north-east to the eastern boundary line of said county, to a point five
(5) miles north of the south-east corner thereof; thence south-east to
the southern boundaiy line of Hunt county, to a point five (5) miles
east of the south-west corner of said county; thence south-west to the
place of beginning.

Said county to be called Richland, and the county seat thereof to
be at the town of Rockwall.

That the aforesaid county shall be organized under the general

632 recojn^struction convention journal.

law establishing new counties ; and that the judge of the county-
court of Kaufman county shall recommend to the Commander of the
Fifth Military District suitable persons to fill the offices.

On motion, the declaration was referred to the Committee on
Counties and County Boundaries.

The President announced the business of the horn- was the report
of the Committee on General Provisions.

Mr. Smith moved the consideration of the report be postponed
until next Monday, August 10, 1868, at ten o'clock.

Lost.

Mr. Burnett moved the consideration of the report be postponed
until after the report of the Executive Committee he disposed of

Carried.

Mr. Schuetze asked that tlie rules be suspended, to offer a petition
from citizens of Bastrop county.

Rules suspended, and the petition referred to the Committee on
Counties and County Boundaries.

The President announced the next business in order to be the
roport of the Executive Committee, reported from Committee of the
Whole.

Mr. Evans, of McLennan, offered the following substitute for
section 23.

Sec. 23. There shall be an Attorney General of the State^
elected by the qualified voters of the State at the same time and
place as the Governor ; he shall be a qualified voter at the time of
his election, and shall hold his office for four years ; he shall reside
at the capital of the State during his tei'm of office. He shall
represent the interests of the State in all suits or pleas in the
Supreme Court in which the State may be a party, superintend,
instruct and direct the official action of the district attorneys, so as
to secure all fines and forfeitures, all escheated estates, and all
public moneys to be collected ; and he shall, when necessary, give
legal advice in writing to all officers of tlte government, and perform
su'jI) other duties as may be required by law.

Under the rules, the Convention adjourned until 4 o'clock this
afternoon.

AFTERNOON SESSION. — FOUR o' CLOCK.

Roll called. Quorum present.

The President announced that under the rules adopted, that as
the names of members are called alphabetically, they may call up
any business not in regular order.

RECONSTRUCTION CONVENTION JOURNAL. 633

Mr. Adams called up the substitute to the report of the Com-
mittee on Internal Improvements respecting the Pacific Liternational
Railroad.

The question being upon its third reading, Mr. Patten moved to
lay the whole subject upon the table.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

Mr. Wright moved that the call of the House be suspended.

Upon which the yeas and najs were demanded and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Bell, Bellinger, Bryant
of Grayson, Burnett, Carter, Coleman, Flanagan, Fleming, Gaston,
Hamilton of Travis, Home, Johnson of Calhoun, Keigwin, Lindsay,
Maclcey, Mills, Morse, Muckleroy. Mundine, IMunroe, Pcdigo,
Phillips of San Augustine, Phillips, of Wharton, Posey, Schuetze,
Scott, Stockbridge, Thomas, Varnell, Vaughan, Wilson of Brazoria,
Wilson of Milam, Wright, — 34.

Nays — Messrs. President, Adams, Armstrong of Lamar, Bledsoe,
Board, Boyd, Brown, Bufiington, Cole, Constant, Curtis. Begener,
Evans of McLennan, Fayle,"\Y. Flanagan, Foster, Goddin, Harris,
Hunt, Johnson of Harrison, Jordan, Kealy, Kendal, Kuechler, Leib,
Long, ]Mc Washington, Newcomb, Patten, Bogers, Smith of Gal-
veston. Smith of Marion, Sumner, Watrous, Whitmore, Williams,
Yarlxjrough.— 38.

So the House refused to suspend the call.

Mr. Wright moved the call of the House be suspended.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — IMcssrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bell, Bellinger, Bledsoe, Brown, Bryant, of
Grayson, Buffington, Burnett, Carter, Cole, Constant, Fayle,
Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn, Hamilton
of Ti'avis, Home, Johnson of Calhoun, Kealy, Keigwin, Lindsey,
Mackey. Mills, Morse, Muckleroy, IMundine, Munroe, Phillips of
San Augustine, Phillips of Wharton, Posey, Schuetze, Scott,
Slaughter, Stockbridge, Thomas, Varnell, Vaughan, Wilson of
Brazoria, Wilson of lililam, Wright — 46.

Nays — Messrs. Board, Boyd, Curtis, Degener, Evans of
McLennan, Goddin, Harris, Hunt, Johnson of Harrison, Jordan,
Kendal, Kuechler, Leib, Lippard, Long, McWashington, Newcomb,
Patten, Rogers, Smith of Galveston, Smith of jNIarion. Sumner,
Watrous, Whitmore, Williams, Yarborougli — 26.

So the call of the House was suspended.

Mr. Patten moved a call of the House.

Call not sustained.

634 RECONSTRUCTION CONVENTION JOURNAL.

The question recurred upon the motion of Mr. Patten to laj the
whole su])ject upon the table.

Mr. Patten moved a call of the House.

Call sustained.

Absentees — Messrs. Butler, Downing. Mullins, Oaks, and Kubj.

Mr. Slaughter moved to adjourn until to-morrow morning at nine
o'clock.

Upon Avhich the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bellinger, Bledsoe, Carter, Degener, Fayle, Glenn,
Long, Mackey, Newcomb, Patten, Pedigo, Ruby, Slaughter,
Smith of Marion, Vaughan — 13.

Nays — Messrs. President, Adams, Armstrong, of Jasper, Arm-
strong, of Lamar, Bell, Board, Brown, Bryant of Grayson,
Buflington, Burnett, Cole, Coleman, Constant, Curtis, Ev^ans of
McLennan, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Goddin, Hamilton of Travis, Harris, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kuechler,
Leib, Lindsay, Lippard, McWashington. Mills, Morse, Muckl-roy,
Mundine, Munroe, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Schuetze, Scott, Smith of Galveston, Stockbvidge,
Sumner, Thomas, Varnell, Watrous, Whitrnore, Williams, Wilson
of Brazoria, Wilson of Milam, W^right, Yarborough — 5S.

So the Convention refused to adjourn.

Mr. Coleman moved the call of the House be suspended.

Upon which the yeas and nays were demanded, and re^uHed
thus:

Yeas — Messrs. President, Armstrong of Jasper, Bell. Brown,
Bryant of Grayson, Buffington, Burnett, Carter, Coleman, Constant,
Flanagan, W. Flanagan, Fleming, Foster, Gaston^ Glenn. Hamilton
of Travis, Harris, Johnson of Calhoun, Kealy, Keigwin, Leib,
Lindsay, Mackey, Mills, Muckleroy, Mullins, Mundine, Munroe,
Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey,
Rogers, Schaet^-e, Slaughter, Stockbridge, Thomas, Varnell,
Vaughan, Wilson of Brazoria, Wilson of Milam, Wright, Yar-
boi'ough — -14.

Nays — Messrs. Armstrong of Lamar, Bellinger, Bledsoe, Board,
Boyd, Cole, Curtis, Degener, Evans of McLennan, Fayle, Goddin,
Hunt, Jolmson, of Harrison, Jordan, Kendal, Kuechler, Lippard,
Long, McWashington, Morse, Newcomb, Patten, Ruby, Scott,
Smitii of Galveston, Smith of Miirion, Sumner, Watrous, Whit-
more, Williams — 30.

So the call of the House was suspended.

Mr. Patten moved a call of the House.

RECOXSTRUCTIOX COXVENTION JOURNAL. 635

Call sustained.

Mr. Brjant, of Grajson, moved the call of the House be
suspended.

lJ}joii which the yeas and najs were demanded, and resulted
thus :

Yeas — Messrs. Adams. Armstrong of Jasper, Armstrong of
Lauiar, Bell, Brown, Brjant of Grajson, Bui-nett, Carter, Cole,
Coleman, Constant, Flanagan, W. Flanagan, Fleming, Foster,
Gaston, Glenn, Hamilton of Travis, Harris, Home, Johnson of
Calhoun, Jordan. Kcalj. Keigv^'in, Leib, Lindsaj^, Mackej, ISlills,
Muckleroj, Mullins, INIundine, Munroe, Phillips of San Augustine,
Phillips, of Wharton, Posej, Rogers, Schuetze, Scott, Slaughter,
Stoakbridge, Thomas, A^ainell, Vaughan, Wilson of Brazoria,
Wilson of Milam, Wn?jht— 46.

Najs — Messrs. Bledsoe, Board, Bojd, BufEington, Curtis, Deg-
ener, Evans of M-cLennan, Fajle, Goddin, Fiunt, Johnson of
Harrison, Kendal, Kuechler, Lip])ard, Long, McWashington,
Morse, Newcomb, Patten, Pedigo, Rubj, Smith of Galveston,
Smith of Marion, Sumner, Watrous, Whitniore, Williams — 27.

So the Convention suspended the call of the House.

Mr. Patten moved to adjourn until to-moriow, at nine o'clock.

Upon which the jeas and najs Avere demanded and resulted thus :

Ye;is — Messrs. A\iQsti ong of Jasper, Armstrong of Lamar, Bell-
inger, Carter, Coleman, Degener, Evans of McLenyan, Fleming,
Hunt, -Keuchler, Leib, Lindsaj, Long, Mackej, McYfashington,
Mills, Newcomb, Patte:^, Pedigo, Rogers, Ruby, Schuetze, ScoLt,
Slaughter, Smith of Mirion, Thomas, Watrous, Y/ilson of Brazo-
ria—29.

rs — Messrs. Arams, Bell, Bledsoe, Board, Bojd, Brown,

'I a

Brjant of Grajson. Buffington, Burnett, Cole, Constant, Curtis,
Fajle, Flanagan, W. Flanagan, Foster. Gaston, Gcddin, Hamilton
of Travis, Harris, Home, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kea!j, Keigwin, Kendal, Lippard, Morse, Muckleroj,
iSiullins, Mundine, Munroe, Phillips, of San Augustine, Phil-
lips of Wharton, Posej, Smith of Galveston, Stockl)riuge, Sum-
ner, Varnell, Yaughan, Whitmore, Williams, Wilson of I\Iilam.,
Wright, Yarborough — 46.

So the Conveiition refused to adjourn.

The question recurred upon the motion to laj upon the table.

]Mr. Patten moved a call of the House.

Call sustained.

Mr. JNIullins moved tlie call of the House be suspended.

Upon which the jeas and najs were demanded and resulted thus:

Yeas — Messrs. Bell, Brown, Brjant of Grajson, Burnett, Carter,

636 RECOXSTRUCTION COXVEMTION JOURNAL,

Coleman, Constant, Flanagan, "W. Flanagan, Fleming, Foster, Gas-
ton, Hamilton of Travis, Harris, Home, Johnson of Calhoun, Jor-
dan, Kealj, Keigwin, Leib, Lindsay, Mackej, Mills, Morse,
Muckleroj, Mullins, Mundine, Pedigo, Phillips of San A.ugustine,
Phillips of ^V^harton, Posey, Schuet e. Scott, Slaughter, Stock-
bridge, Thomas, Varnell, Vaughan, Watrous, Williams, Wilson of
Brazoria. Wilson of Milam, Wright, Yarborough — 44.

Nays — Messrs. President, Adams, Armstrong of Jaspar, Arm-
strong of Lamar, Bledsoe, Board, Boyd, Buifington, Cole, Curtis,
Degener, Evans of McLennan, Fayle, Glenn, Goddin, Hunt, John-
son of Harrison, Kendal, Kuechler, Lippard, Long, Mc Washington,
Munroe. Newcomb, Patten, Rogers, Ruby, Smith of Galveston,
Smith of 2>Iarion, Sumner, Whitmore — 31.

So the Convention suspended the call.

Mr, Sumner moved to adjourn until eight o'clock to-morrow
morning.

L^pon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger. Bledsoe, Carter, Coleman, Degener, Goddin, Home,
Hunt. Keuchler, Long, INIcVfashington, Newcomb, Patten, Rogers,
Ruby, Schuetze, Sumner, Thomas, Vaughan, Watrous, Wilson of
Milam, Yarborough — 33.

Nays- -Messrs. President, Adams, Bledsoe, Board, Boyd, Brown,
Bryant of Grjiyson, Buffington, Burnett, Cole, Constant, Evans of
McLennan, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gas-
ton. Hamilton of Travds, Harris, Johnson of Harrison, Johnson of
Calhoun. Jordan, Kealy, Keigwin, Kendal, Lidb, Lindsay, Lippard,
Mackey, IMills, Morse, Muc-kleroy, Mullins, Mundine, Munroe,
Pedigo, Phillips of San Augustine. Phillips of Wharton, Posey,
Scott, Smith of Galveston, Smith of Marion, Slockbridge, Varnell,
Whitmore, Williams, Wilson of Brazoria, Wright — 38.

So the Convention refused to adjourn.

Mr. Patten moved a call of the House.

Call sustained.

Mr, Buifington moved to suspend the call of the House.

Dpoh which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Lamar, Bell, B-dlingcr, Brown, Bryant of Grayson, Burnett, Car-
ter, Cole, Coleman, Flanagan, W. Flanagan, Fleming, Foster, Gas-
ton, Hamilton of Travis, Home, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Keigwin, Maokjsy, Mills, Muckleroy,
Mullins, Mundine, Phillips of S m Augustine, Phillips of Wharton,
Po>ey, Scliuetze, Scott, Stockbridge, Thomas, Varnell, Wilson of
Brazoria, Wilson of Milam, Wright, Yarborough — 41.

RECONSTRUCTION CONVENTION JOURNAL. 637

Naj^s — Messrs. President, Bledsoe, Board, Bojd, Buffington,
Constant, Curtis, Dcgener, Evans of IMcLennan, Fajle, Glenn,
Goddin, Hunt, K;jndal, Kuecisler, Ll'I'), Lippard, Long, McYv^asli-
ington, Morse, Munroe, Newcorab, Fatten, Pedigo, Eogers, Ruby,
Smith of Galveston, Smith of Marion, Sumner, Watrous, Whit-
more, Williams — 32.

So the Convention suspended the call.

Mr. Patten moved a call of the House.

Call sustained.

Mr. Sumner moved the Convention adiourn until this evenins;, at
eight o'clock.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bell, Evans. of McLennan, Kuechler,
Long, Newcomb, Oaks, Patten, Ruby, Smith of Galveston, Smith
of Marion, Sumner — 10.

Nays — .Messrs. Adams, Armstrong of Jasper, Armstrong of La-
mar, Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Grayson^
Buffington, Burnett, Carter, Cole, Coleman, Curtis, Degencr,
Downing, F^^yle, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Glenn, Goddin, Hamilton of Travis, Ilarris, Hunt, Johnson of Har-
rison, Johnson of Calhoun. Jordan, Kealy, Keigwin, Kendal, Leib,
Lippard, Mackey, McWashington, Mills, Morse, Muckleroy, llnl-
iins, Mundine, Munroe, Pedigo, Phillips of San Augustine, Phillips
of Wharton, Posey, Rogers, Schuetze, Scott, Smith of Galveston,
Stockbridge, Thomas, Varnelf Watrous, Whitraore, Williams,
Wilson of iSrazoria, Wilson of Milam, Wright, Yarborough — 62.

So the Convention refused to adjourn.

Mr. Schuetze moved that the Convention adjourn until to-morrow
morning at nine o'clock.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messi's. President, Armstrong, of Jasper, Armstrong, of
Lamar, Bellinger, Carter, Degener, Downing, Evans, of McLen-
nan, Fayle, Glenn, Goddin, Hunt, Keigwin, Kuechler, Long,
Mackey, McWashington, Mills, Muckleroy, Newcomb, Oaks, Pat-
ten, Pedigo, Posey, Rogers, Schuetze, Scott, Smith of Marion,
Sumner, Thomas, Watrous, Whitmore, Williams — 26.

Nays — Messrs. Adams, Bell, Bledsoe, Board, Boyd, Brown,
Bryant, of Grayson, Buffington, Burnett, Cole, Coleman, Constant,
Curtis, Flanagan, W. Flanagan, Fleming, Foster, Ga.ston, E[amilton
of Travis, Harris, Home, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Kealy, Kendal, Leib, Lippard, Morse, i!\Iullins,
Mundine, Munroe, Phillips of San Augustine, Smith, of Galveston,
Stockbridge, Varnell, Wilson of Brazoria, Wilson, of Milam,
Wright, Yarborough — 47.

638 RECONSTRUCTION CONVENTION JOURNAL.

So the Convention refused to adjourn.

Mr. Bledsoe moved to adjourn sine die.

Upon which the yeas and najs were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bledsoe, Bovd, Cole, Curtis, Degener, Downing, Evans, of Mc-
Lennan, Fijle, W. Flanagan, Gaston, Glenn, Keigwin, Kuechler,
Leib, Lippard, Long, Morse, Mullins, Newcomb, Oaks, Patten,
Varnell, Whitmore — 26.

l^Vvjs — Messrs. President, Adams. Bell, Bellinger, Board, Brown,
Brjant of Grayson, Buffington, Burneit, Carter, Coleman, Con-
stant, Flanagan, Fleming, Foster, Goddin, Hamilton of Travis,
Harris, Home, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Kendal, Maclcey, Mc Washington, Muckleroy, Mun
dine, Munroe, Pedigo, Phillips of San Augustine, Phillips, of
Wharton, Posey, Rogers, Ruby, Schuetze, Scott, Smith of Galves-
ton, Smith of Marion, Stockbridge, Sumner Thomas, Watrous,
Wilson of Milam, Wright, Yarborough — 49.

So the Convention refused to adjourn sine die.

Mr. Patten moved a call of the House.

Call suspended.

Mr. Mc Washington moved to adjourn until to-morrow morning,
at nine o'clock.

Upon which the yeas and nays were demanded and resulted
thus : ^

Yeas — iNIessrs. President, Armstrong of Jasper, Armstrong of
Lamar,. Bellinger, Bledsoe, Bryant of Grayson, Carter, Coleman,
Constant, Curtis, Degener, Downing, Evans of McLennan, Foster,
Glenn, Goddin, Home, Hunt, Johnson of Harrison, Johnson of
Calhoun, Keigwin, Kendal, Kuechler, Long, Mackey, McWashing-
ton, Newcomb, Oaks, Patten, Pedigo, Posey, Rogers, Ruby,
Schuetze, Scott, Thomas, Watrous, Williams — 38.

Nays — jMessrs. Adams, Bell, Board, Boyd, Brown, Buffington,
Burnett, Cole. Flanagan, W. Flanagan, Fleming, Gaston, Hamilton
of Travis, Harris, Jordan, Kealy, Leib, Lippard, Mills. Morse,
Muckleroy, Mullins, Mundine, Munroe, Phillips of San Augustine,
Phillips of Wharton, Smith of Galveston, Smith of Mai'ion, Stock-
bridge, Sumner, Varnell, Whitmore, Wilson of Br'azoi ia, Wilson of
Milam, Wright, Yarborough — 30.

So the Convention refused to adjourn.

]\Ir. Degener moved that the Convention take a recess until the
3d of Decem.ber,

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Bellinger, Bledsoe, Boyd,

RECONSTRUCTION CONVENTION JOURNAL, G39

Degencv, Evans of McLennan, Glenn, Kuechler, Lippaixl, Morse,
Mulliiis, Oaks, Patten, Yarborough— 1 8.

Kavs — Messrs. President, Adams, Armstrong of Lamar, Bell,
Board, Brown, Bryant of Grajson, Bnffington, Burnett, Carter,
Cole, Coleman, Constant, Curtis, Downing, Flanagan, W. Flana-
gan, Fleming, Foster, CTOston, Goddin, H;imilton of Travis, Harris,
Hunt, Johnson of Harrison, Joluison of Calhoun, Jordan, Kealj,
Keigwin, Kendal, Leib, I\lackey, McWashington, Mills, Muclclcroj,
Muudine, Munroe, Newcomb, Phillips of San Augustine, Phillips
of Wharton, Posey, Rogers, Ruby, Schuetze, Scott,' Smith of Gal-
veston, Smith of Marion, Stockliiidge, Sumner, Thomas, Watrous,
Wilson of Brazoria, Wilson of Milam, Vnight — 53.

So the Convention refused to adjourn.

My. Patten moved a call of the House.

Call sustained.

Mr. Hamilton, of Travis, moved the Convention adjourn until
nine o'clock to-morrow morning.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Adams, Armstrong of Jasper, Arm-
strong of Lamar, Bellinger, Bledsoe, Board, Boyd. Brown, Bryant
of Grayson, Buffington, Carten, Cole, Coleman, Constant, Curtis,
Downing, Gaston, Glenn, Goddin, Hamilton of Travis, Florne,
Hunt, Johnson of Harrison, Jordan, Keigwin, Kendal, Keuchler,
Leib, Long, McWashington, JMills, Muckleroy, Munroe, Newcomb,
Oaks, Patten, Pedigo, Posey, Rogers, Ruby, Scott, Smith of Gal-
veston, Smith of Marion, Stockbridge, Thomas, Varnell, Watrous,
Wilson of Milam, Wright, Yar')orough— 51.

;Nays— l^iessrs. Bell, Burnett, Degener, Evans of McLennan,
Flanagan, W. Flanagan, Fleming, Foster, Harris, Johnson of Cal-
houn, Kealy, Lippard, Morse, Mullins, Mundine, Phillips of San-
Augustine, Schuetze, Sumner, Whitmore, Wilson of Brazoria — 20.

So the Convention adjourned until to-morrow morning, at nine
o'clock.

640 RSCONSTKuCTION C32TVENTIOX JuU:r:>AL.

CAPITOL, AUSTIN, TEXAS,
August 4, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prajer by the Chaplain.

Journal of yesterday read and adopted.

Mr. Evans of ^McLennan presented a petition from the citizens of
Hamilton, Comanche, Erath and Bosque counties, asking for the
formation of a new county, and asked its reference to the Committee
on Counties and County Boundaries.

Mr. Lippard offered the following report from the Committee on
Public Lands.

Beading was dispensed with, and ordered to be printed :

EEPORT OF COMMITTEE ON PUBLIC LANDS.

To the Hon. E. J. DAVIS,

President of the Convention :

Sia : The Committee on Public Lands, having given careful
consideration to the matter relating to that department of the Con-
stitution, pi'esents the results of its labors in the article now pre-
sented for the consideration of the Convention.

Your committee, having in view the many difficulties surrounding
the land titles of the State, have endeavored to do justice to all con-
cerned, and to place the land titles of the State on a more perma-
nent and secure basis for all time to come.

JOHN H. LIPPABD,

Chaii'man.

DECLARATION.

Section 1. That all titles for lands lying in this State, granted
under or by authority of the Crown of Spain, and of the Ilepublic
of Mexico, which wei-e deposited in the General Land Office on or
before the twelfth day of February, 1837, excepting those land titles
which were declared void by the Constitution of the Ilepublic of
Texas ; and all patents for lands issued by authority of the Republic

and State of Texas down to , excepting those land claims

declared null and void by the Constitution of the State of Texas,
and excepting those lands covering and including salt springs, lakes
and licks, and mines of gold, silver and copper, are hereby declared
valid.

HECONSTRUCTION CONVEXTIOX JOURNAL. 641

Sec. 2. That all the headright titles for lauds lying within the
twenty frontier leagues bordering on the L uitrd States of the North,
which were granted before the closing of the land offices in 1835 by
the consultation of the chosen delegates of all Texas, are hereby
declared valid.

Sec. '6. That no title for land purporting to have been granted by
the Crown of Spain, or of the Republic of Mexico, which was not
deposited in the General Land Office on or before the twelfth day of
February, A. D. 1837, shall be admissible in evidence to defeat a
genuine patent or claim for land located before such older title was
deposited in said office.

Sec. 4. That no land title purporting to have been granted by the
Crown of Spain or of the Republic of Mexico, which was not de-
posited in the General Land Office on or before the twenty-seventh
day of August, A. D. 1845, shall be admissible as evidence in be-
half of any party in any suit for land.

Sec. 5. That all surveys of land heretofore made, and not re-
turned to the General Land Office within the time prescribed by an
act entitled " An act concerning surveys of land," passed February
10, A. D. 1852, are hereby declared null and void.

Sec. 6. That all land certificates located after the thirtieth day
of August, A. D. 1856, upon lands which were titled before such
location of certificate, are hereby declared null and void.

Sec. 7. That all land certificates heretofore located which conflict
with land surveys of an older date, for want of correct maps or con-
nection of surveys, may be re-located by the owner of such certifi-
cates.

Sec. 8. That all land certificates shall be surveyed and returned

to the General Land Office within — years from and after

the meeting of the first Legislature after the adoption of this Con-
stitution, and not thereafter.

Sec. 9. That the Commissioner of the General Land Office is
hereby required to issue patents upon all legal surveys of lands de-
posited in his office, made by virtue of any genuine land certificate,
excepting upon lands covering and including salt springs, licks and
lakes, and mines of gold, silver and copper.

Sec. 10. That all conveyances of lands heretofore made by author-
ity of any court having lawful jurisdiction of the parties and land
in dispute, excepting in cases of fraud, are hereby declared valid and
binding.

Sec. 11. That all public lands heretofore reserved for the benefit
of railroads, shall hereafter be subject to survey by virtue of any
genuine land certificate, excepting lands covering and including salt
springs, licks and lakes, and mines of gold, silver and copper.
41

642 KECONSTRUCTION CONVENTION JOURNAL.

Sec. 12. Tbat the Legislature shall not hereafter grant lands to
anj person or persons, except to actual settlers upon the same, and
in lots not exceeding — ; acres to eacli settler.

Sec. 13. That the residue of tlie puijlic domain, after the survey
of all genuine land certificates and claims now issued, shall be
granted only to actual settlers upon the same, under such regulations
as the Legislatuie may provide; provided, no such grant shall ex-
ceed acres, and at not less than one dollar per acre.

Sec. 14. Tliat all lands granted to railroad companies which were
not alienated by said companies before this date, in conformity with
the terms of their charters and the laws of the State, under which
the grants were made, are here])y declared forfeited to the State.

Sec. 15. That no person shall be deprived of his, her or their
right to land, by adverse possession or limitation of less than four-
teen years ; provided, that no adverse possession of land, or law of
limitation, shall ever operate against the State.

Sec. 16. That no adverse possession of land, or law of limitation,
shall avail any person or persons who claim without title, or who
claim under fraudulent title.

Sec. 17. That married women, inflmts, and insane persons, shall
not be barred of their rigLts to liuid by adverse possession, or law of
limitation of less than fourteen years from and after the removal of
each and every of their legal disability and hindrance.

jMr. Varnell, from the Committee on Appointments, made the
following report :

Committee Room,
Austin, Texas, August 3, 1868.
Hon. E. J. DAYIS,

President of the Convention :

Sir ; The Committee on Apportionments, who have had under con-
sideration the apportioning of tlje State into four congressional dis-
tricts, have instructed me to report the following ordinance and re-
commend its passage :

Section. 1. Be it ordained by the j^eople of the Stale of
Tex-(is in Co)ii:ention assembled, Tliat the territory compiised
within the limits of the following named counties shall compose the
congressional districts of the State of Texas, until otherwise pro-
vided by law.

Sec. 2. The congressional district shall be composed of the coun-
ties of Anderson, Angelina, Cherokee, Harrison, Henderson, Houston,
Jasper, JeiTerson, Liberty, Nacogdoches, Newton, Orange, Panokj

RECONSTRUCTION CONVENTION JOURNAL. 643

Polk, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Ty-
ler, Hardin, Chambers, Vanzandt, and Wood.

Sec. 3. The second congressional district shall consist of the
counties of Marion, Upshur, Davis, Bowie, Titus, Red River. La-
mar, Hopkins, Kaufman, Fannin, Grayson, Hunt, Collin, Dallas,
Tarrant, Cook, Denton, Montague, Wise, Parker, Palo Pinto, Jack,
Clay, Wicliita, Archer, Young, Throckmorton, Wilbarger, Harde-
man, Knox, Haskill, Jones, Shackelford, Stephens, Ellis, Johnson,
Callahan, Eastland, Erath, Hood, and Taylor.

Sec. 4. The third congressional district shall consist of the coun-
ties of Galveston, Brazoria, Fort Bend, Harris, Austin, Montgom-
ery, Walker, Grimes, Brazos, Washington, Burleson, Milam, Ro-
berts, Madison, Leon, Freestone, Limestone, Falls, McLennan, Mat-
agorda, Wharton, Bosque, Hill, and Navarro.

Sec. 5. The fourth congressional district will consist of the coun-
ties of Colorado, Fayette, Lavaca, Jackson, Bastrop, Travis, Wil-
liamson, Bell, Hamilton, Comanche, Brown, Coleman, Runnells,
Concho, McCulloch, San Saba, Lampasas, Burnett, Llano, Mason,
Kimball. Edwards, Kerr, Gillespie, Blanco, Bandera, Comal, Hays,
Caldwell, Guadalupe, Bexar, Wilson, Gonzales, DeWitt, Karnes,
Goliad, Victoria. Calhoun. Refugio, San Patricio, Nueces, |^Bell, Live
Oak, Atascosa, Medina, Walde, Dawson, Zavala, Frio, Dimmitt,
Lasalle, Mcilullen, Encimal, Duval, Cameron, Hidalgo, Star, Za-
pata, Webb, Kinney, Presidio, Maverick, and El Paso.

Read and ordered to be printed.

Mr. McCormick, from the Committee on Contingent Expenses,
made the following report :

Committee Room,
August 1, 1868.
Hon. E. J. DAVIS,

President of the Convention :
The Committee on Contingent Expenses, to which was re-cora-
mitted the resolution engrossed by the Convention, in reference to
the pay and discharge of the official reporter, with instructions to
report the resolution offered by Mr. Hamilton, of Travis, as a sub-
stitute for said engrossed resolution, in obedience to said instruc-
tions, have authorized me to report in favor of the adoption of said
resolution of Mr. Hamilton as a substitute for the engrossed resolu-
tion. A. P. McCORMICK,

Chairman.

644 RECOXSTRUCTION CONVENTION JOURNAL.

Mr. Armstrong of Jasper, offered the following declaration :

AN OEDINANCE

Authorizing F. E. Hughes to establish a ferry, or a drawbridge,
across Powder Horn Bayou.

Be it enacted hy the 'people of Texas in Convention assem-
bled, That F. E. Hughes is authorized to establish a ferry, or a
draw bridge, across Powder Horn Bayou, in Calhoun county, pro-
vided such ferry, or drawbridge, shall not interrupt the free naviga-
tion of said bayou.

Be it further ordained, That the privilege aforesaid shall be
vested in the said Hughes for the period of thirty years.

Be it further ordained, That such ferry, or drawbridge, shall
be liable to all the taxes which are imposed by law upon ferries and
drawbridges, and that the ordinance take efl'ect from and after its
passage.

On motion, the declaration was referred to the Committee on In-
ternal Improvements.

Sir. Armstrong, of Lamar, moved that Mr. Bryant, of Grayson,
be added to the Committee on Apportionment.

There being no objection, it was so ordered.

Mr. Thomas offered the following resolution :

Resolved, That until the loth day of the present month, both
morning and evening sessions of this Convention be devoted to the
formation of a Constitution.

[Mr. Evans, of McLennan, in the chair.]

Mr. Davis, of Meek, offered the following resolution :

Resolved, That this Convention will take a recess from and after
the 20th August, to last till 3d day of December next, subject,

in the meantime, to be called together by the , if deemed

necessary.

Resolved, 2. That hereafter the Convention will act on no busi-
ness other than the formation of a Constitution, and the ordinances
or declarations necessarily incident thereto, and the ordinance pro-
viding for the collection of the School Fund due by the State.

Mr. Davis, of Nueces, moved a suspension of the rules for the
immediate consideration of the resolution, upon which the yeas and
nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bellinger, Bled-
soe, Bryant of Grayson, Burnett, Carter, Coleman, Curtis, Dege-
ner, Downing, Evans of McLennan, Fayle, Fleming, Goddin, Hunt,

RECONSTRUCTION CONVENTION JOURNAL. 645

Johnson of Harrison, Jordan, Kealj, Kendall, Keuchler, Leib,
Lindsay, Lippard, Long, Mackey, McWasbington, Munroe, New-
comb, Oaks, Patten, Pedigo, Phillips of San Augustine, Posey,
Schuetze, Scott, Thoniaj, Vaughan, Watrous, Whitmore, Williams,
Wilson of Milam, Wright, Yarborough — i4.

Nays — Messrs. Armstrong of Jasper, Bell, Board, Boyd, Buf-
fington. Cole, Constant, Flanagan, W. Flanagan, Foster, Gaston,
Glenn, Hamilton of Travis, Harris, Home, Johnson of Calhoun,
Keigwin, Morse, Mundine, Phillips of Wharton, Slaughter, Smith
of Galveston, Smith of Marion, Stockbridge, Varnell, Wilson of
Brazoria — 26.

So the Convention refused to suspend the rules.

The President announced the hour had arrived to take up the reg-
ulai- business made the special order of the day, which was the mo-
tion to reconsider the vote by which the substitute to the report of
the Committee on Liternal Improvements was laid on the table.

Mr. Hamilton, of Travis, moved that consideration of the motion
be postponed until Friday, August 10, 1868, at 10 o'clock.

Carried.

The next business in order was the consideration of the substitute
offered by Mr. Evans, of McLennan, to the twenty-third section of
the report of the Executive Committee.

The question recurred upon the adoption of the substitute, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bell, Bledsoe, Burnett, Coleman, Con-
stant, Curtis, Degencr, Downing, Evans of McLennan, Foster,
Hunt, Johnson of HarrLson, Jordan, Kendall, Keuchler, Leib,
Lippard, Long, Muckleroy, Newcomb, Oaks, Patten, Ruliy, Smith,
of Galveston, Slaughter, Smith of Marion, Sumner, Talbot, Whit-
more, Wilson of Brazoria — 31.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bel-
linger, Board, Boyd, Brown, Bryant of Grayson, Buffington, Car-
ter, Cole, Fayle, Flanagan, W. Flanagan, Gaston, Glenn, Hamilton
of Travis, Harris, Home, Johnson of Calhoun, Kealy, Keigwin,
Lindsay, Mackey^ McWasbington, Morse, Mundine, Munroe, Pe-
digo, Phillips of San Augustine, Phillips of Wharton, Posey,
Rogers, Schuetze, Scott, Stockbridge, Thomas, Varnell, Yaughan,
Watrous, Williams, Wilson of Milam, Wright, Yarborough — 44.

So the Convention refused to adopt the substitute.

Mr. Hamiltxjn, of Travis, moved the previous question upon the
adoption of the 23d Section.

Previous question seconded.

The question recurred " Shall the main question be now put ?"

Main question ordered.

646 RECONSTRUCTION CONVENTION JOURNAL.

The question recurred "Shall the section be adopted?" upon which
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of La-
mar, Bellinger, Board, Boyd, Brown, Bryant of Grayson, Buffing-
ton, Carter, Cole, Fayle, Flanagan, Flanagan W., Fleming, Gaston,
Glenn, Hamilton of Travis, Harris, Home, Johnson of Harrison,
Johnson of Calhoun, Kealy, Keigwin, Leib, Lindsay, Mackey,
McWashington, Mundine, Munroe, Pedigo, Phillips of San Augus-
tine, Phillips of Wharton, Posey, Rogers, Schuctze, Scott, Slaughter,
Smith of Galveston, Stockbridge, Thomas, Yarnell. Vaughan,
AVatrous, Whitmore, Williams, Wilson of Milam, Wright, Yar-
borough — 48.

Nays — Messrs. President, Bell, Bledsoe, Burnett, Coleman, Con-
stant, Curtis, Degener, Downing, Evans of McLennan, Foster,
Hunt, Johnson of Harrison, Jordan, Kendal, KueChler, Lippard,
Long, Morse, Muckleroy, Newcomb, Oaks, Patten. Buby, Smitli of
Marion, Sumner, Talbot, Wilson of Brazoria — 28.

So Section 23 was adopted.

Mr. Patten offered the following amendment to Section 24.

Amend Section 24, line two, strike out the words " now fixed
by law," and insert " of three thousand dollars."

The amendment was agreed to.

Mr. Sumner offered the following amendment :

Amend by striking out the Avords " and Attorney General," in
line two.

The Convention refused to adopt the amendment.

Mr. Armstrong of Jasper, offered the following substitute for
Section 24.

The Secretary of State, Comptroller Of Public Accounts, Trea-
surer, Commissioner of the General Land Office, Attorney General,
i^nd Superintendent of Public Instruction, shall receive for their
salaries such sums of money as shall be fixed by law.

The Convention refused to adopt the amendment.

Mr. Lindsay moved to substitute the word " his," instead of
" tlieir," in third line.

Adopted.

Section 24, upon motion, was adopted.

Mr. Evans, of McLennan offered the following amendment.

Amend hy striking out Section 25, entire.

The Convention refused to ado})t the amendment.

On motion. Section 25 was stricken out.

INIr. Evans, of McLennan, offered the following amendment to
Section 26.

Amend by striking out the entire last sentence.

RECONSTRUCTION CONVENTION JOURNAL. 647

The Convention refused to adopt tlic amendment.

Mr. Constant offered the follo^ving amendment.

Strike out " it shall be filled hy appointment by the Governor,"
and insert '' the Governor shall fill it by appointment."

The Convention I'efused to adopt the amendment.

Upon motion, Section 26 was adopted.

The President announced the next lousiness in order was the re-
port of the Committee on General Provisions.

Mr. Buffiu>^-ton moved that the Convention go into Committee of
the Whole, upon the report.

Lost.

Mr. Burnett moved to adopt each section seriatim.

Carried.

On motion, the preamble to the Bill of Rights was adopted.

Mr. Evans, of ]\IcLeni:ian, offered the following amendment.

Strike out the w^ord "subordination," and insert "'subor-
dinates."

Mr. Armstrong moved a reconsideration of vote adopting the
amendment.

Carried.

]Mr. Hamilton, of Travis, moved the insertion of the Avord " in,"
before the word " subordination," third line of Section 1.

Carried.

Mr. Lindsay offered the following amendment to Section 1.

Li third line, in place of the word " therein" between the words
" embodied," and " can," insert the word " herein."

j\Ir. Evans, of McLennan, moved that the letter " t" before the
word " therein," be stricken out.

Carried.

On motion. Section 1 was adopted.

Mr. Burnett offered the following amendment to Section 2.

Add, after the word "privilege," "except in consideration of
public service."

The Convention refused to adopt the amendment.

Mr. Carter moved to insert the word " are," between the words
" men," and " is," in first Ime of Section 2.

The Convention refused to adopt the amendment.

Mr. Bellinger moved to insert the letter " n," before the word
"or," in second line.

Lost.

On motion. Section 2 was adopted.

Under the rule, the Convention adjourned until 4 o'clock this
afternoon.

648 KECONSTRUCTION CONVENTION JOURNAL.

AFTERNOON SESSION — FOUR 0 CLOCK.

Roll called. Quorum present.

]\Ir. Smith, of Marion, asked temporary leave of absence for Mr.
Grigsbj. . .

Leave granted.

Mr. Bryant, of Grayson, asked leave of absence for Mr. Scott, of
Lamar, for an indefinite period.

Mr. Armstrong, of Lamar, asked leave of absence for Mr. Whit-
more, after Thursday next.

Leave granted.

Mr. Wilson, of Brazoria, asked temporary leave of absence for
Mr. McCormick.

Leave granted.

The chair decided, under the resolution renrulatino; the sessions of
the Convention, that in the evening session each member, bescinnino;
alphabetically, may call up any particular business he may desire ;
but the Convention failing to dispose of the business so called up. it
could not be called up on the following evening.

Mr. Hamilton, of Travis, appealed from the decision of the
chair.

The question recurred, " shall the decision of the chair stand as
the decision of the House?" upon which the yeas and nays were
demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bell, Bellinger, Bledsoe.
Boyd, Brown, Butler, Barnett, Coleman, Curtis, Degener, Down-
ing, Evans, of McLennan, Fayle, Hunt, Johnson of Harrison,
Kendal, Kuechler, Leib, Lippard, Mc Washington, Morse, Munroe,
Newcomb, Oaks, Patten, Schuetze, Slaughter, Smith of Galveston,
Smith of Marion, Sumner, Thomas, Talbot, Vaughan, Whitmore,
Williams, Wilson of Milam, Yarboi'ough — 38.

Nays — Messrs. Adams, Armstrong, of Lamar, Board, Buffing-
ton, Carter, Cole, Constant, Flairagan, W. Flanagan, Fleming,
Foster, Hamilton of Travis, Harris, Home, Johnson, of Calhoun,
Joi-dan, Kealy, Keigwin, Mackey, Mills, Muckleroy. Mundine,
Pedigo, Phillips of San Augustine, Phillips, of Wharton, Rogers,
Stockbridge, Varnell, Watrous, Wilson, of Brazoria, Wright— 31.

So the decision of the chair was sustained.

Mr. Armstrong, of Lamar, called up the report of the Committee
on Counties and County Boundaries, and asked to make the special
order for Friday next.

Mr. Thomas movcid to Liy the whole matter on the table, upon
which the yeas and nays were demanded and resulted thus :

RECONSTRUCTION CONVENTION JOURNAL. 649

Yeas — Messrs. Adams, Armstrong of Jasper, Bellinger, Bledsoe,
Bo^hI, Brown, Burnett, Coleman, Constant, Downing, W. Flanagan,
Glenn, llanis, Johnson of Harrison, Johnson of Calhoun, Kealy,
Keigwin, Kendal, Lindsay, Mackey, Munroe, Newcomb, Phillips
of San Augustine, Posey, Rogers, Smith of Galveston, Smith of
Maiion, Thomas, Wilson, of Milam — 29.

Nays — Messrs. President, Armstrong of Lamar, Bell, Board,
Buffington, Carter, Cole, Curtis, Degener, Evans of McLennan,
Fayle, Flanagan, Fleming, Foster, Goddin, Hamilton of Travis
Home, Hunt, Jordan, Kuechler, Leib, Lippard, McWashington,
Mills, Morse, Muckleroy, Mundine, Oaks, Patten, Pedigo, Phillips
of Wharton, Schuetze, Slaughter, Stockbridge, Sunnier, Talbot,
Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson, of Bra-
zoiia, Wright, Yarborough — 44.

So the Convention refused to lay the matter upon the table.

The question recurred upon the adoption of the declaration
respecting the formation of the county of Webster, upon which the
yeas and nays were demanded, and resulted thus:

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Brown, Buffington, Carter, Cole, Downing, Evans of McLen-
nan, Fayle, Flanagan, Fleming, Foster, Goddin, Hunt, Johnson of
Harrison, Johnson of Calhoun, .Jordan, Keigwin, Kendal, Kuechler,
Lippard, Long, McAVashington, Mills, Morse, Muckleroy, Mundine,
Oaks, Patten, Pedigo, Phillips of Wharton, Scott, Schuetze, Slaugh-
ter, Smith of Galveston, Stockbridge, Talbot, Varnell, Vaughan,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson of
Milam, Wright, Yarborough — 48.

Nays — Messrs. Armstrong of Jasper, Bellinger, Board, Boyd,
Bryant of Grayson, Burnett, Constant, Degener, W. Flanagan,
Glenn, Harris, Leib, Lindsay, Munroe, Newcomb, Phillips of San
Augustine, Posey, Rogers, Smith of Marion, Sumner, Thomas — 21.

So the declaration was adopted.

The next declaration of the report being the declaration for the
formation of t^e county of Oakland.

Mr. Schuetze moved to re-commit the declaration to the Commit-
tee on Counties and County Boundaries.

Mv. Johnson, of Calhoun, moved to lay the declaration upon the
table.

Motion withdrawn.

The declaration w^as referred to the Committee on Counties and
County Boundaries.

The declaration creating the county of Delta was next in order.

Mr. Cole offered the followin": amendment:

650 RECONSTRUCTION CONVENTION JOURNAL.

Amend by adding, in line seven, section one, after the word "be-
ginning," these words:

" Provided that the county seat of Hopkins county shall be
removed from Tarrant to Sulphur Springs."

The amendment was adopted.

Mr. Constant moved the whole subject be indefinitely postponed,

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Bledsoe, Board, Boyd,
Brown, Bryant of Grayson, Burnett, Constant, Glenn, Harris, Leib,
Lindsay, Long, Munroe, Newcomb, Patten, Phillips of San Augus-
tine, Posey, Rogers, Ruby, Sumner, Thomas, Varnell, Wright — 24.

JMays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Buffington, Carter, Cole, Curtis, Downing, Evans of McLennan,
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Goddin, Hunt,
Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Lippard,
McVfashington, Mills, Morse. Muckleroy, Mundine, Oaks, Pedigo,
Phillips of Wharton, Schuotze, Scott, Slaughter. Smith of Galves-
ton, Stockbridge, Talbot, Watrous, Whitmore, Williams, Wilson of
Brazoria, Wilson of Milam, Varborough — 43.

So the Convention refused to postpone.

The question recurred upon the adoption of the declaration.

It was adopted.

The declaration next in order was the declaration creating the
county of Richland.

Mr. Evans, of McLennan, moved to amend by the insertion of the
word " and " in line number one of section three, instead of the word
"or."

Carried.

The declaration next in order was the declaration creating the
county of Wliite.

Mr. Kealy moved to lay the declaration on the table.

Carried.

Under the rules the Convention adjourned untik nine o'clock
to-morrow morning.

RECONSTRUCTION CONVENTION JOURNAL. 651

CAPITOL, AUSTIN, TEXAS,

August 5, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Cliaplain. Jour-
nal of yesterday read and adopted.

Mr. Mundine presented the following petition, from the citizens
of Burleson county, opposing the form.ation of a new county to be
taken from the territory of said county.

On motion the reading was dispensed with, and the petition was
referred to the Committee on Counties and County Boundaries.

Mr. Smith, of Galveston, from the Committee to examine Con-
troller's and Treasurer's offices, offered the following report and ac-
companying declaration :

Committee Room,
Austin, Texas, August 5, 1868.
Hon. E. J. DAVIS,

President Convention :

Sir : The standing committee to examine the Comptroller's and
Treasurer's offices having discharged that duty, respectfully report :
That the utmost scrutiny of tlie Comptroller's and Treasurer's
offices exhibit, on the part of the officers, the most disintei-ested de-
votion to the interests and economy of the State. The complex
system necessary to guard these interests ; the large number of
books kept; 'he great variety of sources of revenue and disburs-
ments necessarily kept separate, would make it impossible for any
committee, in any reasonal)le time, to examine each one of the par-
ticular books in detail ; ])ut a general examination shows that for
neatness, accuracy, care and order of arrangement, few similar offices
in the United States can compete.

An examination of the accounts proves that the following recapi-
tulation hereunto annexed is correct, to which reference is respect-
fully called :

The examination covers only that period embraced within the
dates of September 3, 1867, and August 1, 1868 — the official terms
of the present incumbents.

An examination of the building and appliances induce this com-
mittee to submit an ordinance appropriating a sum of money be-
lieved to be sufficient to meet the reiiuirements of the two depart-
ments, in order to secure the safety of their archives, and the pres-

652 RECOXSTRUCTION CONVEXTION JOURNAL.

ervation of the building. Another safe is necessary for the treas-
urer ; more furniture is requisite for both offices, and your committee
cannot do better than submit the following views of the Comptroller
himself :

It is the opinion of the Comptroller that the law for the assess-
ment and collection of Taxes is in many respects impracticable, and
should be modified; and that it is of the first importance to the
proper and efficient control of the public funds that he should be in-
vested with full power to enforce all laws over defaulting assessors
and collectors and all others intrusted with the public money and
property.

There is now outstanding against assessors and collectors about
eighty thousand dollars, (§80,000), with but a poor prospect of
collection, owing to the inefficiency of the district attorneys, sheriffs,
courts, &c. There had but one suit been brought by the Comp-
troller against assessors and collectors since the rebellion to the
fourth of September, 1867. Snice that time, sixteen suits have
been brought hj the Comptroller, who doubts whether enough money
will be realized to pay the costs of the suits.

All persons entrusted with public money, no matter from what
source derived, or public property, should be compelled, by the
most summary process, to account for the same to the Comptroller,
at such times as he may prescribe, and under such rules and regula-
tions as he may indicate ; and should any party fail to do so satis-
factorily, he should be suspended from office by the Comptroller,
and the Comptroller should be ret|uired to report each case to the
ensuing Leirislature, and ask that his action be ratified. Assessors
and collectors have been heretofore appointed and removed in all
cases, without consultation with the Comptroller.

By virtue of an act concerning the five per cent, imdemnity
bonds, approved 30th of October, 1866, this subject is under the
exclusive management of the executive, but what has been done, or
is now being done for their recovery, your committee have not in-
quired.

The area of the State is estimated at 175,504.560 acres ; against
■which there are claims of all classes, porfeot an 1 outstanding, amount
ing to 82,594,560.

Leaving, unincumbered by any claim, 93,000,000 acres.
Patented lands of the State of Texas, including lands
granted by the Mexican government, and titles con-
firmed by the Legislature, amount to 77,723,272

Assessed for taxation 50,839,0 J3

Leaving untaxed 26,884,209

RECONSTRUCTION CONVENTION JOURNAL. Go3

Of the 50,839,063 acres, from Avhich the State derives revenue,
a very hirge amount is taken up b^^ the assessors and collectors as
"unrendered."

Your committee take great pleasure in presenting the annexed
exhibit of accounts to the people of Texas. Two independent de-
partments, handling the whole revenues of the State separately,
without the loss of a dollar, or a single defect in calculation, is the
surest guarantee to the people of the integrity and aljility of their
public officers.

ROBT. K. SMITH,

Chairman.

DECLARATION

Be if declared by the people of Texas in Coiweution assem-
bled: Th;it the sum of three thousand dollars, or so much thereof as
may be necessary, be and is hereby appointed out of any money in
the treasury, not otherwise appropriated, to repair the Controller
and Treasury Building, and purchase the necessary fixtures and
furniture.

Mr. Munroe, from the Committee on Engrossed Provisions, made
the following report :

Hon. E. J. DAVIS,

President of the Convention

Committee Room,
Austin, August 3, 1868.

Sir : The Committee on Engrossed Provisions, after examination,
instruct me to report the following resolutions as correctly engrossed,
viz :

No. 31. Resolution ordering one thousand copies of the Austin
Daily Republican, and five thousand copies of the San Antonio Free
Press.

No. 32. Resolution requesting the arrest of one C. C. Gillespie,
for advising the assassination of M. C. Hamilton and C. Caldwell,
members of this Convention.

No. 33. Resolution appointing a committee to proceed to Millican,
to investigate the recent disturbance there.

No. 34. Resolution appropriating five hundred dollars for the
arrest of the attempted assassin of Judge Cooley.

No. 35. Resolution appropriating five hundred dollars to pay
telegrams.

654 RECONSTRUCTION CONVENTION JOURNAL.

No. 36. Resolution requesting the Congress of the United States
to appoint a committee to eni^uire into the condition of the State.

!^^o. 37. Resolution requesting Major-General J. J. Rejaiokls to
appoint one or more commissioned oSictrs to participate in the inves-
tigation of the Millican disturbance.

Respectfullj submitted,

A. T. MUNROE,

Chairman.
, Report adopted.

Mr. Flanagan, from the Committee on Internal Improvements,
offered the following reports :

Committee Room,
Austin, August 5, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your committee have had before them a declaration pre-
sented bj the delegate from Calhoun, Mr. Johnson, asking relief for
the San Antonio and Mexican Gulf Railroad Company. Upon
examination it is found that this company is not indebted to the
School Fund, or State of Texas, and that the enterprize is a laudable
one, and has been ruined by the war.

The premises all considered, the committee instruct me to report
back the declaration with a recommendation that the relief be
granted.

Respectfully,

J. W. FLANAGAN,
Chairman of the Committee on Internal Improvements.

Committee Room,
Austin, Texas, August 5, 1868.
Hon. E. J. DAVIS,

President of Convention :

Your Committee on Internal Improvements have had before them
a declaration pi-cscnted by the honoral)le delegate from McLennan,
A. J. Evans, asking relief or protection for all tlie railroads in the
State that might be prejudiced for the want of the proper legisla-
tion, as is contemplated by regular session.

The premises all considered, I am instructed to report back the

RECONSTRUCTION CONVENTION JOURNAL. 655

accompanying declaration, and to recommend the adoption of the
saniL;. ,

Respectfully submitted,

J. W. FLANAGAN,
Chairman of the Committee on Internal Improvements.

Mr. "Yarborough introduced tlie following resolution:

Resolved. That the Commissioner of the General Land Office be
required to deliver to G. Yarborough two liyjd patents, the one in
the name of J. M. INIoore, for three hundred and twenty acres ; and
the other in the name of M. Lasater, for one hundred and sixty acres.
He, the said Yarliorougli, having performed his dut}- as shown by a
statement from the land office, shall have the full benefit of the
deposits made on such claims.

On motion, the resolution was referred to the Committee on
Finance.

Mr. Goddin introduced the following declaration :

A DECLARATION

Creating the County of San Jacinto.

Section 1. That all the territory comprised within the following
lines, shall be a new county, to be called the county of San Jacinto,
viz :

Beginning in the channel of Trinity river, at a point opposite the
mouth of Carolina creek, in Walker county, running in a due line
from thence to the head of the east branch of Peach creek, in Mont-
gomery county, thence down the channel of said Peach creek to a
point parallel with the thirtieth degree and twenty minutes north
latitude, in said Montgomery county ; from thence on a due line
through one corner of Liberty county to the channel of Trinity river,
at the same point where the present southern line of Polk county
crosses the channel of said Trinity river, thence up the channel of
said Ti inity river to the place of beginning.

Sec. 2. That the town of Cold S})rings, in the present county of
Polk, shall be the county seat of said county of San Jacinto.

Sec. 3. That at the first general election hereafter held for county
officers, the said county of San Jacinto shall be organized by the
election of such officers as other counties have under the laws of this
State ; John Jackson, Levy L. Mc^Iicken and Jame- Hoyne, be, and
they are hereby appointed conunissioners, with full povrcrs and
authority to superintend and conduct said election, and give certifi-
cates to the persons elected.

656 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Armstrong, of Jasper, moved the declaration be referred to a
special committee of three.

Carried.

The President appointed Messrs. Armstrong, of Jasper, Pedigo,
and Goddin, as the committee.

Mr. Bledsoe introduced the following declaration :

AN ORDINANCE

For the relief of Administrators, Executors, Guardians and

Trustees.

Be it ordained by the Representatives of the people of Texas
in Convention assembled :

That all the administrators, executors, guardians and trustees in
this State who, in good faith, received in payment of anj claim or
claims due them in their fiduciary and trust capacity, during the
late rebellion, any of the so-called treasury notes, promises to pay,
or paper purporting to be money of any kind, issued by the pre-
tended authority of the late so-called Confederate States, and paid the
same over to any receiver, receivers, or their agents, of said so-called
Confederate States ; or kept the same on hand until it became worth-
less by the termination of the late rebellion ; provided such adminis-
trator, executor, guardian or trustee did not act fraudulently in the
receiving, paying over, or holding on hand any such paper purport-
ing to be money, shall not be held liable by the estates, or heirs to
the estates, or any creditor or creditors thereof, or their wards or
principals, or any other person whatever, for any such paper pur-
porting to be money or currency so received, or the obligation or
obligations upon which such paper or currency was so paid ; but in
all cases where such paper purporting to be money has been so
received and paid out, or so received and kept on hand until it
became worthless by the termination of the late rebellion, all such
administrators, executors, gviardians and trustees shall be and are
hereby, by this ordinance, relieved from any and all responsibility or
legal or equitable liability, or supposed responsibility or lia])ility
they may be now under, either for the paper or currency purpoiting
to be money so received and paid over, or kept on hand by them, as
aforesaid ; and, also, from the claim or claims held by them, or either
of them, upon which said paper or currency purporting to be money
was so received.

And no suit shall be brought in any of the courts of this State
(or, if brouglit, it shall be dismissed by the court, either on its own
motion or by motion of the defendant), to recover any such claim or

RECONSTRUCTION CONVENTIOI* JOURNAL. 657

claims ; and no bond or bonds, or any part tlicroof, given by such
administrators, executors, guardians, or trustees, sliall be recover-
able against them or either ot'them, in such g:iso ; but all the acts of
any such administrator, executor, guardian or trustee, done without
fraud or malicious intent on his or her part, shall be valid and bind-
ing, and of full legal and e(iuital)le force and etfect throughout tlie
limits of this State.

xsh\ AVilson, of Brazoria, introduced the following declaration,
and asked its reference to the Committee on General Provisions :

Whereas, The property of many persons is being sacrificed under
the sherirl's hammer, to satisfy judgments rendered against them,
bringing sufficient in many cases only to pay 'the costs, not relieving
tlie debtor, or paying the debt of the creditor.

Therefore be it declared by the people of Texas in Convention
asts-embled, That any debtor whose property may be sold by virtue
of a writ of execution, to satisfy the payment of debt, shall be en-
titled to redeem the same, at any time prior to the first day of Janu-
ary, 1874, by reiunding to the purchaser or purchasers, the amount
of money paid for the property thus sold, and for costs of said sale,
together with interest thereon, at the rate of ten per cent, per annum,
and by paying for all improvements put upon said property, the
value of Avhich shall be ascertained by tvro disinterested appraisers ;
provided, however, that no debtor shall redeem real estate thus sold,
if it should bring two-thirds of its assessed value in 1860.

The declaration was referred to the Committee on General Pro-
A'isions.

Mr. Carter ofiered the following resolution, and asked its reference
to the Committee on Counties and County Boundaries.

Resolved, That the provision requiring that counties shall have
an area of not less than nine hundred square miles shall be so altered,
that counties hereafter formed shall have an area of not less than six
hundred square miles.

It was so referred.

Mr. Munroe introduced the followins; declaration :

AN ORDINANCE

Concerning the Buffalo Ba3^ou, Brazos, and Colorado Railroad Com-
pany, and its debt due the State.

Whereas, It is expedient, as well for the welfare of the Buffalo
Bayou. Brazos, and Colorado Railway Company, as for the State,
that the debt due from that company to the State for the special

658 RECOXSTRrCTION CONVEJTTION JOURNAL.

school fund, shall be adjusted, and the State declare her intentions-
in relation thereto; and

Whereas, Certain propositions have been made to the Governor
of the State in relation thereto, by the said company.

Section 1. Be it declared and ordained as follows : That the
amount of $98,000, interest paid in Texas bonds and treasury war-
rants, shall be declared no payment.

Sec. 2. Tiuit tlie amount of principal and interest due by said
company, as aforesaid, up to and on the first day of March, 1868,
was ,$597,819 25. ;ind tliat the same, from and after that date, shall
be regarded, for the payment of interest, as a principal sum then due,
but that the period of' the payment thereof shaL be extended for the
period of twenty years from March 1, 1868; the interest, however,
accruing thereon, shall be paid at the rate specified in their bonds,
and also the sinking fund, therein expressed, accruing from that
date, and upon the non-payment of the same ; that is to say, the
interest and sinking fund, so as to accrue from that day annually,
that there, in that case, the whole amount shall become instantly
due, and may be proceeded upon as provided in the bonds and the
law.

Sec. 3. The said company, in order to be entitled to the benefit
of this act, shall deposit witli the Governor of this State, as collateral
security for the payment of the interest and sinking fund, so as to
become due on the first day of March, 1869* i^such interest alone
amounting, March 1, 1869, to ,f'35.869 15,) a certificate from the
Houston and Texas Central Railway Company, calling foiv seventy-
five of its first mortgage seven per cent, land grant sinking fund gold
bearing bond coupons, Nos. 1, 2, 3, and 4 cut off.

Said deposit shall be made within five days from and after the
passage of this ordinance, and shall be duly assigned to the Gov-
ernor.

Provided^ nevertheless, that such deposit shall be returned to
said company, either upon the payment of such interest and sinking
fund in March next, or so soon as the company shall have expended
upon the road in permanent improvements, rolling stock, or in the
way of an iron bridge across the Brazos, the sum of one hundred and
fifty (,$150,000,) thousand dollars.

Sec. 4. All liens to the State to remain in full force and virtue.

Mr. Patten asked a suspension of the rules for the immediate con-
sideration of the declaration.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bellinger, Degener, Downing, Evans
of McLennan, Fayle, Grigsby, Hunt, Leib, Lippard, Long, Mackey,

RECONSTRUCTION CONVENTION JOURNAL. 659

]McWashington, Munroe, Newcomb, Patten, Rubj, Slaughter,
Smith of Million, Talbot, Whitmore, Williams, Wilson of Milam
—23.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Brown, Bryant, of Grayson, Buffington,
Burnett, Carter, Cole, Coleman, Constant, Cuitis, Flanagan, W.
Flanagan, Fleming, Foster. Gaston, Glenn, Goddin, Harris, Home,
Johnson of Calhoun, Jordan, Keigwin, Kendal, Kuechler, ^iorse,
Muckleroy, Mundine, Oaki*, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Schuetze, Scott, Smith of Galveston,
Stockbridge, Tiiomas, Varnell, Watrous, Wilson of Brazoria, Wright,
Yar1)orough — 47.

So the Coavention refused to suspend the rules.

Upon motion, the declaration was referred to the Committee on
Internal Impiovements.

Mr. Thomas introduced the following resolution :

Be it resolved, That the following be a rule of this Convention :

The per diem pay of members who are now absent, or who may
hereafter absent themselves from the regular sessions of this Conven-
tion, unless on the business of this Convention, or by reason of sick-
ness, shall cease during the time of their absence.

Mr. Armstrong, of Lamar, moved a suspension of the rules to take
up resolution.

Rules suspended.

Mr. Evans, of McLennan, moved to insert the word -'personal "
before the word "sickness " of the member.

Mr. Flanagan moved to lay the amendment on the table.

Carried.

Mr. Varnell offered the following amendment :

Amend by striking out "those members now absent," and only
apply to those who may hereafter absent themselves, or be excused.

Mr. Slaughter moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong, of Jasper, Armstrong of
Lamar, Boyd, Bryant of Grayson, Burnett, Carter, Coleman,
Constant, Curtis, Downing, Evans of McLennan, W. Flanagan,
Fleming, Harris, Johnson of Harrison, Jordan, Kendal, Kuechler,
Lindsay, Lippard, Long, ^luckleroy. Xewcomb, Oaks, Patten,
Phillips of San Augustine. Posey. Schuetze, Slaughter, Thomas,
Whitmore, Williams, Wilson of Milam, Wright, — 35.

Nays — Messrs. Bell, Bellinger, Bledsoe, Board, Brown, Buf-
fington, Cole, Degener. Flanagan, Foster, Gaston, Goddin. Grigsby,
Hamilton of Travis, Hunt, Johnson of Calhoun, Keigwiu, Leib,

660 EECONSTRUCTION CONVENTION JOURNAL^

Mackey, McWashington, Morse, Mundine, Phillips, of Whartoiij
Rogers, Scott, Smith of Galveston, Smith of Marion, Stockbridge,
Talbot, Varnell, Watrous, Wilson of Brazoria— 33.

So the amendment was laid upon the table.

Mr. Bellinger moved to lay the original motion upon the table.

Upon which the jeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bellinger, Cole, Gaston, Hamilton of Travis,
Kuechler, Mills, Mundine, Munroe, P<feej, Rubj, Scott, Smith of
Marion, Stockbridge, Varnell, Wilson of Brazoria — 15.

Najs — Messrs. President, Armstrong of Jasper, Armstrono- of
Lamar, Bell, Bledsoe, Board, Bojd, Bryant of Grayson, Buffington,
Burnett, Carter, Coleman, Constant, Curtis, Downing, Evans of
McLennan, Fayle, Flanagan, W. Flanagan, Fleming, Foster,
Glenn. Goddin, Grigsby, Harris, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Keigwin, Kendal, Leib, Lindsay,
Lippard, Long, Mackey, Mc Washington, Morse, Muckleroy, New-
comb, Oaks, Patten, Pedigo, Phillips of San Augustine, Phillips
of Wharton, Rogers, Schuetze, Slaughter, Smith of Galveston, Tal-
bot, Thomas, Watrous, Whitmore, Williams, Wilson of Milam,
Wright— 56.

So the House refused to lay the resolution upon the table.

Mr. Wilson, of Brazoria, offered the followino; amendment :

Amend by adding "that nothing contained in the resolution shall
stop the pay of any member who may be excused to wait on a sick
colleague."

Tiie amendment was adopted.

Mr. Armstrong, of Lamar, moved the previous question upon the
passage of the resolution.

Previous question seconded.

The question recurred, "shall the main question be now put ?"

Main question ordered.

The question recurred upon the passage of the resolution, and it
was adopted.

The following substituted, presented by Mr. Slaughter, to above,
was read by recjuest.

Resolved, That the per diem of members who may hereafter be
absent from this body without an excuse, sufficient in the judgment
of the President, be stopped ; and that the per diem of members
heretofore indefinitely excused, be stopped from this date ; provided,
they have availed themselves of the excuse granted them.

Mr. Munroe offered the following resolution, and asked its
reference to the Committee on Counties and County Boundaries :

RECONSTRUCTION CONVENTION JOURNAL. 661

A DECLARATION

Removing the administration of the estate of James H. Leaverton
from Anderson to Houston county.

Be it declared hij the people of Texas in Convention assem-
bled^ That the administration of the estate of James H. Leaverton
be, and is hereby removed from the county of Anderson to the
county of Houston, and that the county clerk of Anderson be and
is hereby autliorized and required to make out, and forward to the
county clerk of Houston county, a full transcript of the proceedings
had in said Anderson county on the said estate.

Sec. 2. That this declaration take effect from and after its
passage.

It was so referred.

Mr. Evans, of McLennan, offered the following declaration, and
asked its reference to the Committee on Genei'al Provisions :

Be it declared^ That the following shall be a section or clause in
the new Constitution :

Section — . Whenever it shall be made known to the Governor
of the State of Texas, that from unlawful combinations, sparcity of
jurors, or other causes, that the criminal laws of the State of
Texas cannot be faithfully executed, and criminals punished, in any
county in the State, he shall have the power, by proclamation, to
order that the courts in the nearest county, free from like objections,
shall take jurisdiction, and try all criminals for crimes that have
been committed before said proclamation, in said rescuant county,
and he may keep said proclamation in force until he is satisfied that
crimes and criminals can be punished in said county.

It was so referred.

Mr. Kuechler introduced the followino; declaration, and asked its
reference to the Committee on Finance :

Be it declared by the people of Texas in Convention assembled^
That the county court of Gillespie county be authorized to levy a
special tax for the purpose of paying the present indebtedness of the
county.

1. Said special tax shall not exceeed ten cents per hundred dollars
of the assessed property ; that of occupations shall be the same as
the State levies.

2. Said taxes can be paid in county warrants, already issued by
the county court of Gillespie county, or in money.

3. When the amount of ;^100 or more is in the treasury, it shall

662 KECONSTRUCTION CONVENTION JOURNAL.

be the duty of the treasurer to give ten days' notice, according to
law, to the warrant holders for nrosecuting their claims, and under
all circumstances the oldest shall be first paid.

4. The assessor and collector and county treasurer shall not be
entitled for any fees whatever for assessing, collecting and disposing
of the money.

5. It shall be the duty of the treasurer to keep in a separate
book a record of all acts done and monies collected and disposed of
under this declaration.

It was so referred.

Tlie President announced the business in order was the
unfinished business of yesterday, which was the report of the
Committee on General Provisions.* ■

Mr. Thomas offered the following substitute to section 3 of the
Bill of Rights :

Substitute section 3, and the following sections to 21, inclusive,
of the Bill of Rights of the Constitution of 1845.

Mr. Bellinger moved to lay the substitute upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Bellinger, Carter, Degener, Downing,
Newcomb, Ruby, Scott, Slaughter, Smith of Galveston, Whitmore,
Yarborough — 12.

Nays — Messrs. Armstrong, of Lamar, Armstrong, of Jasper,
Bell, Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Bufiing-
ton, Burnett, Cole, Coleman, Constant, Curtis, Evans, of McLennan,
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Glenn,
Goddin, Grigsby, Hamilton of Travis, Harris, Home, Hunt, John-
son of Calhoun, Jordan, Keigwin, Kendal, Kuechler, Leib,
Lindsay, Long, McWashington, ]\Iorse, Muckleroy, Mundine,
j^Iunroe, Oaks, Pedigo, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Schuetze, Smith of Marion, Stockbridge,
Talbot, Thomas, Varnoll, Watrous, Williams, WilsQn of Brazoria,
Wilson, of Milam, Wright.— 58.

So the Convention rcFuscd to lay the sul)stitute upon the table.

The question recurred upon the adoption of the substitute.

The Convention adopted the sul)stitute.

Mr. Thomas moved that the Bill of Rights be referied to the
Executive Committee.

The Convention refused to refer.

i\Ir. Lindscy moved to take up the substitute by sections, and act
upon it seriatini.

*For report see page 236.

RECONSTRUCTION CONVENTION JOURNAL. 6G3

Carried.

On motion, section 3 was adopted.

Mr. Lindsay moved the word "shall" and brackets in section 4,
be stricken out.

Carried.

On motion, section 4 was adopted.

]Mr. Jordan offered the followintr amendment :

Insert at tlie end of section 5, "to ex})ress the truth."

Mr. Degener moved to lay the amendment upon the table.

Carried.

Mr. Smith, of Galveston, moved to strike out the last clause after
the word "privilege."

Lost.

On motion, section 5 was adopted.

Mr. Lindsay moved to substitute the word "prosecution" for the
word "indictments," in fourth line of section 6.

Carried.

Mr. Evans, of McLennan, moved to strike out the words "the
law and," in section 6, line five.

JNIr. Flanagan moved to lay tlie amendment on the table.

Carried.

On motion, section 6 was adopted.

jNIr. Degener moved to strike out the brackets in first line.

Carried.

Mr. Lindsay moved t") amend by striking out the word "then"
and insert the words "such place, person or thing,"' in fourth line of
section 7.

Amendment adopted.

On motion, section 7 was adopted.

My. Lindsay moved to amend section 8 by inserting the words,
"under some judicial proceeding," after the word "but" in seventh
line of section 8.

The Convention refused to agree to the amendment.

On motion, section 8 was adopted.

Mr. Newcomb moved that section 6 of the report of the com-
mittee be substituted for section 9 of the adopted substitute.

Under the rules, the Convention adjourned until this afternoon,
at four o" clock.

664 RECONSTRUCTION" CONVENTION JOURNAL-

AFTERNOON SESSION — FOUR 0 CLOCK.

Roll called. No quorum.

Mr. Smith of Marion moTOd to adjourn until to-morrow morning
at nine o'clock.

Lost.

Mr. Slaughter moved to adjourn until nine oclock to-morrow morn-
ing.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bledsoe, Evans of McLennan, Schuetze, Slaughter,.
Smith of Marion — 5.

Najs — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Board, Brown, Bryant of Grayson, BufBagton, Carter, Coleman,
Curtis, Flanagan, Foster, Harris, Hunt, Jordan, Kealy, Keigwin,
Kendal, Leib, Morse, Muckleroy, Munroe, Patten, Phillips of San
Augustine, Rogers, Sumner, Talbot, Thomas, Varnell, Watrcus,
AVilson of Bra,zoria, Vf ilson of Milam, Wright, Yarlxii'ough — 35.

So the Convention refused to adjourn.

Mr. Evans of McLennan moved a call of the house.

Call sustained.

Mr. Smith of Marion asked leave of absence for Mr. Grigsby.

Leave granted.

Mr. Burnett asked leave of absence for Mr. Pedigo.

Leave granted.

Mr. Evans of McLennan moved the call of the house be sus-
pended.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Adams, Armstrong, of Jasper, Bell, Bledsoe,
Board, Bryant of Grayson, Burnett, Carter, Coleman, Curtis, Dcge-
ner, Evans of McLennan, W. Flanagan, Foster, Hunt, Johnson of
Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Lindsay,
Lippard, Long, Morse, Mucklei'oy, Mullins, Munroe, Patten, Phil-
lips of San Augustine, Sumner, Thomas, Varnell. Vaughan, Whit-
more, Wilson of Brazoria, Wright, Ynrborough — 37.

Nays — Messrs. Bellinger, Brown, Flanagan, Hamilton of Travis,
Harris, Home, Keigwin, Leib, Phillips of Wharton, Posey, Rogers,
SchuGtze, Slaughter, Smith of Marion, Talbot, Watrous, Wilson of
Milam— 17.

So the call of the house was suspended.

Mr. fLxmilton of Travis moved a call of the house.

Call sustained.

RECONSTRUCTION CONVENTION JOURNAL. 665

Mr. Eviiiis of McLennan moved the Convention adjourn until to-
morrow morning at nine o'clock.

Motion withdrawn.

Mr. Bryant of Grayson offered the following resolution :

Kes-olred, That every member wlio is absent from liis seat twenty
minutes at any time on a call of tlie house, witliout a legal excuse or
consent of the Convention, shall forfeit his /;c/- die/?!' for that day.

Mr. Hamilton of Travis moved a suspension of the call of the
house.

Carried.

Mr. Hamilton of Travis moved a suspension of the rules, for the
immediate consideration of the resolution offered by Mr. Bryant of
Grayson.

Rules suspended.

Mr. FLvnagan moved the previous question upon the adoption of
the resolution.

Previous question seconded.

The question recurred, "Shall the main question be now put?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Adams, Armstrong of Lam.ar, Bell, Bellinger,
Bledsoe, Board, Bryant of Grayson, Buffington, Burnett. Carter,
Coleman, Curtis, Flanagan, W. Flanagan, Foster, Hamilton of
Travis, Harris, Home, Hunt, Johnson of Harrison, Johnson of
Calhoun, Keigwin, Kendal, Lcib, Lindsay, Mackey. McWashington,
Muckleroy, Mullins, Mundine, Munroe, Pliillips of San Augustine,
Phillips of Wharton, Rogers, Schuetze, Stockbridge, Sumner, Tal
but, Thomas, Varnell, Vaughan,* Watrous, Whitmore, AVilsou of
Brazoria, Wilson of Milam, Wiight — 56.

Nays — ^Messrs. President, Armstrong of Jasper, Brown, Degener,
Evans of i>IcLennan, Goddin, Jordan, Kealy, Kuechler, Morse,
Posey, Slaughter, Smith of IMarion, Yarborough — 14.

So the miin question was ordered.

Mr. Mundine moved a reconsideration of the vote orderiiig the
main question.

Mr. Flanagan moved to lay the motion to reconsider upon the
talde.

Motion -withdrawn by leave.

^1y. Flanagan renewed the motion to lay on the table.
Fpon which the j'cas and nays were demanded and resulted
thus :

Yeas — Messrs. Adams, Armstrong of Lamar, Bell, Bellinger,
Board, Bryant of Grayson, Buffington, Burnett, Carter, Coleman,
Curtis, Flanagan, W. Flanagan. Foster, Hamilton of Travis, Harris,

666 RECONSTRUCTION CONVENTION JOURNAL.

Horne, Johnson of Harrison, Johnson of Calhoun, Jordan, Keig-
win, Kendal, Leib, Lindsaj, Mackey, McWashington, Muckleroy,
Munroe, Phillips of San Augustine, Phillips, o^ Wharton, Rogers,
Sciiuetze, Sumner, Talbot, Thomas, Varuell, Vaughan, Watrous,
Wilson of Brazoria, Wilson of Milam, Wright, Yarborough — 42.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Brown,
Degener, Evans of McLennan, Fleming, Goddin, Hunt, Kealy,
Kuechler, Lippard, Morse, Mullins, Mundine, Patten, Posey, Scott,
Slaughter, Smith of Mai'ion, Stockbridge, Whitmore — 21.

So the motion to reconsider was laid upon the table.

The question recurred upon the adoption of the resolution.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Adams, Armstrong, of Lamar, Bell, Bellinger,
Bledsoe, Board, Bryant of Grayson, Buffington, Burnett, Carter,
Coleman, Curtis, Flanagan, W. Flanagan, Foster, Fleming, Hamil-
ton of Travis, Harris, Horne, Hunt, Johnson of Calhoun, Johnson
of Harrison, Jordan, Keigwin, Kendal, Leib, Lindsay, Lippard,
Mackey, McWashington, Muckleroy, Munroe, Phillips of San Au-
gustine, Phillips of Wharton, Rogers, Schuetze, Stockbridge, Sum-
ner, Thomas, Talbot, Varnell, Vaughan, Watrous, Whitmore, Wil-
son of Brazoria, Wilson of Milam, Wright — 47.

Nays — Messrs. President, Armstrong, of Jasper, Brown, Dege-
ener, Evans of McLennan, Goddin, Kealy, Kuechler, Morse, Mun-
dine, Mullins, Patten, Posey, Scott, Slaughter, Smith of Marion,
Yarborough — 17.

So the resolution was adopted.

Mr. Bell, of Austin, called up the declaration to incorporate the
Bellville, Hempstead and Brazos Bridge Company.

The declaration was read and adopted.

Mr. Evans, of McLennan, moved a suspension of rules for the
further consideration of the declaration.

Rules suspended.

Mr. Thomas moved to refer the matter to the next Legislature.

Ruled out of order.

Mr. Thomas moved to postpone the subject until the first Mon-
day in December.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Armstrong, of Jasper, Bellinger, Bled-
soe, Boyd, Bryant, of Grayson, Burnett, Constant, Curtis, Foster,
Glenn, Johnson, of Harrison, Kealy, Keigwin, Leib, Lindsay,
Mackey, Mills, Mullins, Posey, Rogers, Ruby, Sumner, Talbot,
Thomas, Vaughan — 27.

Nays — Messrs. Adams, Armstrong, of Lamar, Bell, Board,

RECONSTRUCTION CONVENTION JOURNAL. 667

Brown, Buffington, Carter. Cole, Dcgener, Evans, of McLennan,
Flanagan, W. Flanagan, Gaston, Goddin, Hamilton, of Travis
Home, Hunt, Johnson, of Calhoun, Joidan, Pvendal, Keuchler,
Lippard, !McWasiiington, Morse, Muckleroy, IMundine, Munroe,
Patten, Phillips, of San Augustine, Pliillips, of Wharton, Schuetze,
Scott, Slaughter, Smith, of Marion, Stockbridgc. Yarnell. Watrous,
Whitmore, VV^ilson, of Brazoria, Wilson, of INiilam, Wright- -41.

So the Convention refused to postpone.

Mr. Constant offered the following amendment :

Strike out "five" and insert "three."

Mr. Smith of, Galveston, moved to lay the amendment ou the
table. , •

Lost.

The question recurred upon the adoption of the amendment.

It was adopted.

The question recurred upon the passage of the declaration as
amended.

It was read third time and passed.

INIr. Bellinger called up the leport of the Committee on General
Provisions, the question being upon the substitute offered bj Mr.
Hewcomb to the 9th section.

The Convention rejected the substitute.

Mr. Davis, of Nueces, offered the following amendment:

Strike out all of section from word " but," on 2nd line, down to
end of section.

Mr. Flanagan moved to lay the amendment upon the talile.

Upon which the yeas and nays were demanded, and resulted
thus : 4

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington,
Burnett, Cole, Coleman, Constant, Curtis, Degener, Downing. Flan-
agan, W. Flanagan, Fleming, Gaston, Hamilton of Travis, Harris,
Home, Hunt, Johnson of Harrison, .Johnson of Calhoun, Kealy,
Keigwin, Kendal, Keucliler, Leib, Lindsay, jNIackey. ^IcWashing-
ton. Mills, Morse, Muckleroy, Mullins, Mundine, Munroe, New-
comb, Patten, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Schuetze, Stockbridge, Sumner, Thomas, Yarnell,
A^'aughan, Watrous, Wilson of Biazoria, Wright, Yarborough — 55.

Nays — Messrs. President. Bell, Carter, Foster. Goddin. Jordan.
Lippard, Ruby, Scott. Slau2;hter. Smith of Galveston, Smith of
Marion, Talbot, Wilson of :Mriam— 14.

So the amendment was laid on the table.

Mr. Whitmore offered the following amendment :

668 RECONSTRUCTION CONVENTION JOURNAL.

Strike out all after "evident," in second line, to "but," in same
line.

Mr. Burnett moved to laj the amendment upon the table.

Carried.

Upon motion, section nine was adopted.

Mr. Hamilton, of Travis, moved to amend section 10, by adding
after the word "except," in second line, the Avords : "by act of the
Legislature."

Carried.

Mr. Evans, of McLennan, offered the followina; amendment:

Amend by striking out the word "privileges," in line 7th, section
10, and insert the word "right." ,

The amendm.ent was rejected.

Mr. Lindsay offered the following. amendment :

After "except," in the second line, strike out "when," when it
occurs, and insert "it'' after the word "invasion."

The amendment was adopted.

Upon motion, section 10 was adopted.

Upon motion, section 11 was adopted.

Upon motion, section 12 was adopted.

Mr. Evans, of McLennan, offered the following amendment :

Amend, by inserting after the last words, "under such regula-
tions as the Legislature may prescriba."

Amendment was agreed to.

Mr. Munroe moved to substitute the word "persons" for "citizens"
in first line.

Carried.

Upon motion, fection 13 was adopted.

Mr. Munroe offered the following substitute to section 14 :

Amend, by adding at the end of the section the Avords : "and any
stay law, or law impeding, suspending, obstructing or postponing
the collection of debts, other than the laws in force at the contrac-
tion of such obligations, are hereby declared to be palpable violations
of this provision, in addition to such other infractions as may be
decided by law in the couits of the country."

Tlic substitute was Liid upon the table.

Mr. Newcomb offiired section 8, of the original report, as a sub-
stitute to section 14.

The Convention refused to adopt tlic amendment.

Mr. Hamilton, of Travis, offered the fjllowing amendment :

Add at the end of section 14 tliese words :

"Nor sliall any law be passed depriving a party of any remedy
for the enforcement of a contract wiiich existed wiicn the contract
was made."

RECONSTRUCTION CONVENTION JOURNAL. 669

Mr. Burnett moved to lay the amendment upon the table.

Lost.

The amendment was adopted.

Upon motion, section 14 wns adopted.

Mr. Hamilton, of Travis, offered the following amendment to
section 15 :

Add at the end of the section these words :

" But the J shall not be construed to prevent the Legislature from
passing laws to punish by imprisonment, such persons as shall be
convicted by a court of competent jurisdiction, of the fraudulent con-
cealment of their propertj', to evade the payment of their just debts."

Mr. Jordan offered the following amendment to the amendaient :

Amend by adding, " Except for fraud or defalcation after verdict
and judgment of any court of competent authority."'

On motion the Convention adjourned until to-morrow morning at
9 o'clock.

CAPITOL, AUSTIN. TEXAS,
August 6, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Flanagan asked leave of absence for Mr. Coleman for six
days.

Leave granted.

Mr. Fayle presented the following petition from A. T>. Robertson
and others, asking a charter for a hoise railroad at Houston, vrith ac-
companying declaration, and asked its reference to the Committee on
Internal Improvements :

To the honorable the Convention of the State of Texas at Austin
assembled, greeting :

The undersigned petitioners Avould respectfully petition youi" hon-
orable body, and represent as follows, viz : That the city council of
Houston have granted unto your petitioners a franchise to build,
equip and run a horse railroad over certain streets Avithin the limits
of said city : and youi- petitioners would respectfully pra\- that they,
the petitioners and their associates, be granted a charter by the hon-
orable Convention for said purpose, and for the further extension of

670 RECONSTRUCTION CONVENTION JOURNAL.

said roads outside of the limits of the citj of Houston ; and your
petitioners herewith annex a frame for an act to incorporate the
Bajou Citj Railway CV-mpany, in which is set forth the objects de-
sired, and pray that your honorable body may grant the same.
And as in duty bound your petitioners will ever pray, ets.

W. D. PtOBINSON,
GEO. GOLDTHWAITE,
WM. H. ALLEN,
F. A. G. GEARING,
THOMAS R. WHITE.
Houston, Texas, July 10, 1868.

AN ACT

To incorporate the Bayou City Railway Company.

Section 1. Be it enacted by the Convention of the State of
Texas ^ That W. D. Robinson, George Goldthwaite, W. H. Allen,
F. A. G. Gearing, J. S. Bachelder, W. .J. Hutcliins, Richard Allen,
Shade Croome, Erastus Carter, C. B. Sabin, M. V. Brewster, Sam-
uel Harper, J. G. Tracey, and their successors, be and the same are
hereby declared to be a body corporate, in law and in fact, under the
nam.e and title of The Bayou City Railway Company.

Sec. 2. Said company shall have the right to construct, equip and
run horse railroads upon such streets of the city of Houston as may
have been designated by the mayor and aldermen of said city, and
upon such other streets within the present or future corporate limits
of said city as may be approved by said mayor and aldermen ; and
said company shall construct, equip and run said railroads upon the
streets within the limits of said city, under such conditions and ordi-
nances, as the mayor and aldermen of said city may provide and im-
pose ; and said company may extend their road beyond the limits of
said city over the county of Harris, as follows, viz : From any point
on the eastern boundary line of siid city of Houston they may se-
lect, terminating at the town of Harrisburg ; and from any point on
the western boundary line of the city of Houston they may select,
terminating at the Eureka Mills ; provided, that they shall first ob-
tain the right of way from the persons owning the land on the route
selected for said road outside the city limits, and the roads constitu-
ting said extension beyond the city limits may use either horse or
steam power.

Sec. 3. The capital stock of said company shall be one hundred
and fifty thousand dollars, divided into shares of fifty dollars each.
Said company shall have the right to issue said stock upon such

RECONSTRUCTION CONVENTION JOURNAL, G71

terms as they may deem essential to tlic constniction and mainte-
nance of their roads ; and said conpany inay, from time to time, as
it may be required, increase their capital stock to an amount not to
exceed five hundred thousand dollars.

Skc. 4. The affairs of said company shall be managed by a Board
of Directors, in number not more tlian seven nor less than five, said
Directors to be elected by the stocklioldei-s from theii- numbci', at
their annual meeting. Said Directors shall elect one of their num-
ber to be President of the Board, and they shall designate all offi-
cers of the comptiny, and shall manage its affairs under rules and
by-la^vs to be made by the Board and approved by a majority of the
stockholders.

Sec. 5. Said company shall have a common seal, and shall be sub-
ject to be sued at law, and shall have the right to sue, and the right
to buy and hold propeity for the use of the company, and to sell and
convey the same, and shall have power to borrow money on their
bonds or notes at such rates as the Board of Directors may deem
expedient ; provided, however, that nothing in this act shall be so
construed as to confer banking privileges of any kind.

Sec. 6. It shall be lawful for the corporators named in this act, '
and their associates, subscribers to the stock of the Bayou City Rail-
way, to organize this company immediately after the passage of this
act, and the officers then and thereafte]' elected shall hold their offices
until their successors are elected. This charter shall continue in
force for the period of twenty-five years. The leg^il domicil and
place of business of said company shall be the city of Houston,
Texas.

That this act be in force from and after its passage.

Mr. Hunt, from the Committee on State Afilxirs, made the follow-
ing report.

Committee Room,
August 5, 1868.
Hon. E. .J. DAVIS,

President of the Convention :

Sir: Your Committee on State Affairs, to whom was referred a
petition from the citizens of Bexar county asking for the incorpo-
ration of an association to be called "The Germania Club,"" have
had the same under consideration, and are in favor of granting the
prayer of the petitioners.

We believe the object sought to be accomplished by the fovmntion
of said association to be in a high degree laudable, tending to promote

672 RECONSTRUCTIOX CONVENTION" JOURNAL.

social refinement and the general moral and intellectual improve-
ment of society. Your committee therefore report the accompany-
ing declaration to your honorable body, a,nd ask its adoption.

H. C. HUNT,

Chairman.

Mr. Mullins made the following minority report from the Com-
mittee on Lawlessness and Violence :

Hon. E. J. DAVIS,

President of Convention :

Sir : The undersigned, member of the Committee on Lawlessness
and Violence, would respectfully submit the follovfing minority
report :

It' is due to myself to state that when I was placed on the commit-
tee its labors were well nigh concluded, the " supplementary report"'
nearly completed, and I only heard two or three of the witnesses
testify. I, therefore, had no opportunity of cross-examining wit-
nesses except two or three mentioned, or adducing rebatting testi-
mony, by reason of the committee having closed its labors soon after
I was added to it.

The clerk, however, furnished me with the written testimony upon
which said supplementary report is founded, but I have not been
able to examine the testimony on which the original report was
made, because, as I was informed by the clerk, it had been sent to
Washington, except so much of it as might be found in the records of
the Fresdmen's Bureau, which I have not had time to examine.

The evidence, as far as I have been able to examine it, is almost
entirely hearsay, contained in mere statements, not sworn to, made
for the most part by persons vfhose credibility is not supported by
any established or known character. However well such persons
might stand at home, there was nothing before the committee, so far
as I am- aware, going to show that they are reliable.

The majority of the committee use the following language in the
supplementary report : " But what we insist on is, that many of the
persons murdered were loyal men, and that they were murdered for
their loyalty. To substantiate this statem.ont, we now present some
cases of recent occurrence not embraced in our former report.

" In the counties of Collin and Hunt, five men, well known as
sterling loyalists, were brutally 'murdered within the last two weeks,
by some rebel desperadoes."

This statement is made upon the authority of a letter addressed to
J. W. Thomas, Esq., a member of this Convention, to which letter

RECONSTRUCTION CONVENTION JOURNAL. 673

six names arc si^i^ncd. The letter referred to ])ears tlic impress of
puiic, and the fact that several names originally [jut down as killed
have since been stricken out, shows how utti rly unreliable their
report is. No affidavits or other sworn tesliuiony accompanies this
letter. The letter avers that five Union men were killed by the Lee
party, and from this the committee infer that they were killed
because they were Union men. To show how unwarranted the com-
mittee were in making this inference, I quote from tlie official jour-
nal of this body, tlie Daily Austin Republican of July 11, 1868.
The editor says : " The McKinney Messenger of the third July con-
tains an account of the assassination of two men, Thomas and Doc.
Walters, living in the edge of Hunt county, who were shot from the
brush and killed by some of the Lee party. It seems that there are
two parties in that neigldiorhood, known as the Lee party and the
Peacock party, who employ their time in waylaying each other in
the brush, and shooting each other in a most co»vardly manner."'

The two men, Thomas and Doc. Walters, mentioned by the editor
of the Republican, were two of the five names mentioned in the letter
to J. W. Thomas, Esq., as stated above, and were also two of the six
Union men alleged to have been killed for their loyalty, in the
quotation before made from the supplementary report of the com-
mittee.

It will also be remembered that five of the six men there alleged
to have been killed for their loyalty, were killed, if at all, by this
same Lee party ; and if the editor of the Republican is correct in the
statement above quoted, this killing grew out of a feud existing
between two parties-' known as the Lee and Peacock parties, " who,"
as he says, "employ their time in waylaying each other in the brush,
and shooting each other in a most cowardly manner."

There is nothing going to show that these are political parties ;
but if they were, they would both be equally culpable, if what the
Republican states is true. But that the true character of this Lee
and Peacock war may be known, I here insert an extract from a
private letter published in the Austin Daily Republican of July 15,
1868, and indorsed by that journal as coming '-from a prominent
Unionist in Fannin county." It reads thus :

BoNHAM, Fannin county. Texas, (
July 8, 1868. ]
" As to news, except the incidents of the Lee and Peacock war,
we have nothing exciting. The details of that war you have un-
doul)tedly got from other sources. I am posted as to its iucipiency.
During the fall of 1865 or winter of 1^66, Lee came to me for
warrants against Peacock and others, alleging that they had kid-
43

674 EECONSTRUCTION CONVENTION JOURNAL.

napped him, spirited him away to Choctaw bottom, and robbed him
of ail he had.

Two of the dofendants, whose names I have forgotten, were
brought before me, and the evidence sustained Lee's statement.

I held them to bail, and thej forfeited their bonds. Aft3vwards
Lee compromissd with the remainder, and while drinking to friend-
ship, one of them, Maddox, shot and wounded him. Lee then de-
clared war, assembled his friends, a desperate gang, and commeiced
the work of slaughter. Reprisals followed; friends of the slain
on each side came in, and the affair is growing to dangerous propor-
tions. The commanding general should send a competent cavalry
force here without delay.

is the head of "Conservatism" in this county,

chairman of the "Fannin Conservative Club." What he proposes
to "do about it," I have no means of knowing. lam pleased t)
see him in the lead, as his natural instincts are tolerant and kindly.
He will permit no Ku-klux organization; so far as party spirit is
concerned, it does not run high in Fannin.

We get along very comfoitably. We can poll some Radical
white votes, but not enough, even with the blacks, to make a ma-
jority."

The foregoing letter speaks for itself, and is endorsed by high Re-
publican authority, and, on at least one point, it is conclusive, that
is, that the war going on between the Peacock and Lee parties is not
political. From this letter no inference can be drawn as to the pol-
itics of the parties, but if it be claimed, and it is claimed in the re-
port of the committee, that the Lee party is a rebel party, tlien I
have only to say that the letter here quoted proves conclusively
that the Peacock party (alleged to be loyal) were the aggressors in
the incipiency of these troubles. This disposes of five out of six
of the alleged murders of loyal men.

The other case, in which it is averred that a Unionist was mur-
dered for his loyalty, is that of W. H. Upton, who, the committee
say, Avas hung by a mob on the 3d in Brazos county.

A letter published in Flake's Galveston Daily Bulletin of July
31, 1868, written by Edward P. Upton, father of the alleged de-
cedent, and enclosing a letter from Wm. Sheriff, father-in-law of
W. H. Upton, fully explains the character and cause of the tran>
action. I heie insert these letters, the authority of which will
scarcely be (questioned :

RECONSTRUCTION CONVENTION JOURNAL. 675

LETTER FROM REFUGIO COUNTY.

Refugio, Refugio county, Texas, ^
July 20, 1868. \
To Editor Flake s Bulletin :

It is with a heavy heart I Vfiite to narrate another atrocity, and
this time the victim is my own son. I send you for puldication the
following letter, just received from Judge William Sheriff, the
father-in-law of my son, wdio formerly resided in this county, but
now of Fort Bend county :

PiTTSViLLE, Fort Bend county, Texas, )
July 8, 1868. \
To Jndfje E. P. Upton :

Dear Judge : I have the sad task of relating to you the mur-
der of your son Wheeloek. Within the last two months Wheelock
has made some trips between this neighborhood and the vicinity of
Millican, driving beeves. On Monday, 29th ult., he left this place
for Millican with a small drove of beeves, and on reaching Nava-
sota he was arrested and put in jail on a Avarrant for stealing beeves
from one Brookshire, of this neighborhood. He then sent for Mr.
Gill, my brother-in-law, who went on his bond for .$500, and he was
then released. From there he went to his home, seven miles from
Millican, where he was again arrested on another charge of same na-
ture. In the nio-ht a band of men surrounded the house, and caused
him and the sheriff, in whose charge he was, to go with them to J\Iil-
lican. At Millican the next day he was informed that he would
have to return to Navasota to be tried, and a guard was appointed to
take him there, and about 3 o'clock they started with him. Near
close of day the guard returned to Millican, and reported that near
a creek they were met by a large band of men who took their pris-
oner from them and liberated him. Then the authorities at Milli-
can sent out to have him re-arrested. Mr. Gill, who remained at
Millican, suspicious of circumstances, got one of the guar! to .show
him where the pretended liberation took place, and was led by this
man to a place where they found Wheelock hanging. All of Whee-
lock's property has been taken, his widow and child left totally des-
titute. Mrs. Upton and her child are with me here in Pittsville,
where she has been for many weeks past under medical treatment.

I state facts and make no comments.

The perpetrators of this atrocity ought to be punished, but I am
afraid they never will be. I leave here to-day for Wheelock s home,
in order to try and regain anything for his Avidow and child, I'm
afraid hopelessly. His property is gone. Mr. Gill, who has been

676 RECONSTRUCTION CONVENTION JOURNAL.

living with Wlieelock, brought me the news. He had an inquest
held on the body, on which was found a letter without signature, but
supposed to be from jou, which the coroner read and commented on.
The above mentioned Brookshire reported that Wheelock was the
son-in-law of an old Union scoundrel living at Pittsville, and the
whole crowd of Uptons and Sherifis were d d Abolitionists.

There is no safety for a Union man here. 1 ask for revenge, but
apparently without any hope.

I shall be at the next court in Refugio.

Friendly yours,

WILLIAM SHERIFF.

My son, Wheelock H. Upton, and his father-in-law, left this
county about two years since, to settle in Fort Bend county. They
fled from prosecution here of the most annoying and atrocious char-
acter. They wei*e branded as Union men, and charged with all the
crimes known to the criminal calendar. The same proscription fol-
lowed them, and some time since my son removed up the Brazos, to
near ISiillican, and was pursuing his honest avocation, w^hen foully
murdered by a band of lawless desperadoes. My son's only crime
was that he was a fearless LTnion man, and had by honest labor
accumulated some property since ihe war. He was the son of the
old Union Uptou charged with high treason against the Confederate
States, thrown into the loathsome jail of Gonzales, and there kept
for the period of six months, and denied while there the writ of
right by Judge Thos. Devine, who, I am told, is now pardoned and
free, and again working in the interest of the rebels. He is the
son-in-law of William SlieriiT, who, during the war, was subjected
to all sorts of prosesutions, imprisoned, his property stolen from
him, and his life frequently threatened.

Sir, our own private wrongs wo could and would have endured
without a public murmur, but this last overflows the cup, and now
we call loadly for justice, and justice we are determined to have.
The murderers are known. If they are arrested and properly pun-
ished, by either a civil or military tribunal, it is well and good ; if
not, Wheelock H. Upton has still a father living, and numerous
relatives and friends, who cannot be expected to sit quietly by, listen-
ing to the moans of his bereaved mother and sisters, the cries of his
.heartbroken wife, and the wail of his little orphaned child. I have
placed the matter in tlie hands of General Reynolds, who I believe
will use his best endeavors to bring this murderous band to justice.
Should he fail, there is still left the right divine, the lex talionis.

Mr. Sheriflf truly says there is no security for a Union man in

KECONSTRUCTION CONVENTION JOURNAL. 677

this State. How long, sir, are we to endure this? Already the
Union men in various parts of the State are banding togetlier for
mutual i»rotectioD, and tliis will become f^eneral, unless something
lie sj»eedilj accomplished bj Congress. I know that General Rey-
nolds is doing all in his power for our relief, but unfortunately his
power is limited, and relief may come too late to save us from civil
war ; for the Union men of the State, white and black, are deter-
minxl that they will no longer submit to the present state of things.
I am, sir,

Very respectfully yours,

EDWARD P. UPTON.

I give these letters entire, because I desire that the full statement
of the friends of the measure, which may ])e supposed to be the
most favorable that can be made in his behalf may go to the world.
Now, it is plain from these letters, without hearing anything on the
other side, tliat R. H. Upton was hung (if at all) on a charge of
stealing cattle, (whether he was guilty or innocent of the charge is
immaterial,) and not for his Unio)iism.

The six alleged murders for loyalty are now fully exploded by the
foregoing statement of facts, made solely by Republicans and on
Republican authority.

The allegation of the committee that the attempt made to assas-
sinate the Hon. A. 0. Coolej^, was because of his loyalty, is wholly
gratuitous, and is not sustained by the evidence. On the contrary,
it is now well established and notoriously known that the attempt
on the life of Judge Cooley was made by a young man on account
of an old OTudrje, growin<2; out of family difficulties.

This disposes of all the cases adduced by the committee " to sub-
stantiate " the " statement " made by them, " that many of the per-
sons murdered were loyal, and that they were murdered for their
loyalty," and' now I assert, on Republican authority, that not one
of the parties named was killed on account of their loyalty ; and I
furtlier assert that of all the homicides reported, there is no evi-
doirc that any o)te of them was J:iJJed for his Unionism.

Unfortunately, a great many homicides have been committed in
Texas within the last three years, and no man's life is secure.
These Iiomicides have been committed without reference to party,
race, or color, and the cause of them can justly be attributed to no
other source than the Avant of an efficient, strong, civil government.
Indeed, it is so obvious that there can be no security for life, liberty,
or property, here or elsewhere, without such government. A full,
lucid, and very satisfiictory report from Montgomery county, which
I have examined with much care, is very instructive on this subject.

678 EECONSTRUCTION CONVENTION JOURNAL.

This report, dated June 23, 1868, shows that thirty homicides have
been committed in that county during the years 1865, 1866,
1867 and 1868. Of these ten were committed in 1865, when there
was no civil government in force.

Five men were killed in 1866, tAvelve in 1867, and three in the
present year up to the date of the report. It is a remarkable flict
that only five men were killed in 1866, while the reconstruction
policy of President Johnson was in force, and civil law executed,
while double the number had been killed during the six or seven
months preceding, while the country was in a state of anarchy. It
is also remarkable that in 1867, twelve homicides were committed,
and they must be committed after May, for the reporter says : "I
made a report to General GrifEn, and on this head I spoke thus to
him — that I rejoiced to see crime on the decrease ; that for four
months of the year 1867, up to date, I had only issued three crimi-
nal processes." Nov>r, when it is remembered that this was under
the Throckmorton government, that the reconstruction laws of Con-
gress were passed in March, 1867, and would become known and
understood about the time this letter was written to General Griffin,
and that afterwai'ds crime increased so enormously that year that
twelve men were killed before its close, in that county, no one can,
I think, fliil to be impressed with the idea that the disorganizing ef-
fect of the reconstruction policy of Congress, and the anomalous
condition of the government inaugurated thereby, must have had
something to do with the fearful increase of crime, of wliich the re-
porter irom whom the quotation above is made, exclaims, in conclud-
ing the sentence quoted, " But, my God, since that time, crime has
increased to an awful extent in various shapes," — that is, since May,
1867.

A report from Polk county, which was before the committee, con-
tains the following : " The reasons why the civil authorities have
not enforced the laws are, that the ofScers are changed so often that
they can't learn their duties, and a great many of them now being-
appointed, never will improve any. Cause: want of capacity." I
fully concur with this reporter, and give it as my firm conviction,
that the ignorance and inefficiency of the officers appointed under
the pi-esent administration of our State government, constitute one
of the most palpable sources of lawlessness and violence in th6
State.

In conclusion, I must state that I have not been able for want of
time, to give a synopsis of the testimony in this report ; but, I here
affirm that there is not a scintilla of evidence, not an authenticated
fixct, that came before the committee, which could by any fair legit-
imate process of logical reasoning, be made to justify, or in the

EECOXSTRUCTION CONVENTION JOURNAL. 679

slightest degree palliate or excuse the insinuous effort of the comit-
tee to fix the responsibility of the lawlessness and violence commit-
ted in the State on tliis Conservative party.

I regret tliat business compels me to leave this report incomplete,
bei-ause I feel assured that a fair analysis of all the testimony would
not only sustain my conclusions, but would fix the responsibility of
any excess of crime that may have been committed in this State on
those who, for the sake of power and the love of plunder, by un-
justifiable appeals to Congress, and false representations of the dis-
position of our people, have prevented the State from being restored
to its rightful relations in the Union of our fathers.

Very respectfully,

W. H. MULLINS.

jVIr. Smith, of Galveston, moved to reject the report.

Motion to reject withdrawn.

Mr. Boyd offered the following declaration, and asked its refer-
snce to tlie Committee on State Affairs.

Whereas, The Penitentiary of the State of Texas, having been
an expense to the State of Texas for several years, arising in a great
degree from the frequent changes made in the officers of the said
institution, tlierefore.

Be it reso'ved. That the following sections be engrafted in the
new Constitution, and made a part thereof.

Be it declared, 1. That the Legislature shall, at its next session,
immediately after assembling, provide by law for the leasing out of
said institution by tlie Governor, to some responsible person or per-
sons, upon such terms as may seem the most practicable by said
Governor: provided, bowever, that the person or persons to whom
the said institution is leased, phall enter into a bond, with good and
sufficient securities, conditioned that the said lessee or lessees, shall
take good care of the machinery and all appurtenances therein, and
take all reasonable care of the health of the com-icts therein, and
provide them with healthy diet.

2. That the Legislature shall prohibit by law any discharged
convict or convicts from remaining in the vicinity of said Peniten-
tiary, except those convicts who were convicted and sentenced to
serve a period of confinement in the said Penitentiary, in the county
of Walker.

3. That the Legislature shall prohibit by laAv the State of Texas
from paying the expenses of any prisoner and guard to the said
Penitentiary, from the county in which he was convicted, whenever
the said convict is pardoned by the Governor, within twelve months

680 RECOIS^STRUCTION CONVENTION JOURNAL.

from the date of his registration as a convict in the said insti-
tution.

It was so referred.

Mr. Mills moved to suspend the rules to take up the report of the
Committee on Contingent Expenses, respecting the per diem paj of
the oiEcial reporter.

The question being upon the resolution offered bj Mr. Hamilton,
of Travis, reported back hy the Committee.

Mr. Phillips, of San Augustine, offered the follovfing sub-
stitute :

Resolved, That- the reporter be paid for his services to this time,
and be discharged.

Mr. Mills moved to reject the substitute.

The question recurred upon the rejection of the substitute, upon
which the yeas and najs were demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of
Lamar, Board, Brown, Buffington, Butler, Burnett, Carter, Cole,
Constant, Curtis, Degener, Downing, Flanagan, Foster, Gaston,
Goddin, Hamilton of Travis, Harris, Home, Hunt, Johnson of
Calhoun, Jordan. Keigwin, Kuechler, Leib, Lindsa}^, Mackej,
McWashington, Mills, Mundine, Munroe, Phillips of Wharton,
Posej, Rogers, Schuetze, Scott, Smith of Marion, Stockbridge,
Sumner, Talbot, Thomas, Yarnell, Vaughan, Watrous, Wright — 47.

Nays — ^lessrs. President, Bell, Bellinger, Bledsoe, Bojd, Evans
of McLennan, Evans of Titus, Fleming, Grigsljj, Kealj, Kendal,
Morse, Newcomb, Oaks, Patten, Pedigo, Phillips of San Augus-
tine, Slaughter, Whitmove, Willianis, Wilson of Brazoria, Wilson
of Milam, Yarljorough — 23

So the Convention rejected the substitute.

Mr, Whitmore offered the following amendment :

Amend bjT' inserting " after the speeches made by members of this
Convention have lieen written out, as repoited and handed to the
members making said speeches."

Mr. Mills moved to lay the amendment upon the table, upon which
the yeas and nays wer.e demanded and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Board, Bryant of
Grayson, Buffington, Butler, Burnett, Cole, Curtis, Evans of Titus,
Fayle, JFlanagan, Foster, Gaston, Hamilton of Travis, Harris,
Home, Johnson of Calhoun, Kealy, Keigwin, Kendal, Liiidsay,
McWashington, Mills, Mundine, Munroe, Pedigo, Phillips of Whar-
ton, Posey, Rogers, S'3huetze, Smith of Galveston, Stockbridge,
Talbot, Thomas, Vamell, Watrous, Wright— 88.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Boyd, Brown, Carter, Constant, Degener, Downing, Evans

RECONSTRUCTION CONVENTION JOURNAL. 681

of McLennan, Fleming, Goddin, Grigsby, Jordan, Kuechler, Leib,
Lippiird, Mackey, Morse, Nowcomb, Oaks, Patten, Phillips of San
Augustine, Scott, Slaugliter, Smith of Marion, Sumner, Vaughan,
Wliitinoro, Williams, Wilson of Brazori.i, Wilson of Milam, Yar-
borough — 35.

So the amendment was laid upon the table.

Mr. Hamilton, of Travis, moved the i)re\dous question upon the
adojjtion of the resolution.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

The main question was ordered.

The question recurred upon the adoption of the resolution, upon
which the yeas and nays were demand^'d and resulted thus :

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of La-
mar, Bell, Bellinger, Board, Brown, Bryant of Grayson, Buffing-
ton, Burnett, Butler, Carter, Cole, Constant, Degener, Downing,
Evans of Titus, Fayle, Flanagan, Fleming, Foster, Gaston, Goddin,
Hamilton of Travis, Flariis, ILmt, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Keuchler, Leib, Lippard, Lindsay, Mackey,
IMcWashington, Slills, Mundine, Munroe, Pedigo, Phillips of Whar-
ton, Posey, Kogers, Schuetze. Scott, Smith of Galveston, Smith of
Marion, Talbot, Thomas. Varnell, Vaughan, Watrous, Wilson of
Brazoria, Wilson of Milam, Wri^iht— 56.

Nays — Messrs. President, Bledsoe, Boyd, Curtis, Evans of
]\fcLennan, Grigsby, Morse, Newcomb, Oaks, Patten, Phillips of
San Augustine, Slaughter, Sto'3kbridge, ^Vhitmore, Williams, Yar-
borongh — 16.

So the resolution was agreed to.

Mr. Mills moved that a committee be appointed to inquire into a
disturbance between two members.

Carried.

Mr. Armstrong offered the following resolution : •

Resolved. That Long, of Limestone, and Johnson, of Harrison,
be committed to the jail of Travis county until a committee shall
report upon the offense charged.

J\[r. Hamilton, of Travis, moved the rejection of the resolution.

Carried.

The President appointed Messrs. Lindsay, Butler and Williams as
the committee called for by Mr. Mills' resolution.

INIr. Mills moved a suspension of the rules to put resolution
respecting the pay of the official reporter on its final passage.

llules suspended.

Resolution read, and, upoti its final passage,

The yeas and nays were demanded, and resulted thus:

682 RECONSTRUCTION CONVENTION JOURNAL.

Yeas — Messrs. Adams, Armstrong of Jasper, Armstrong of Lamar,
Bell, Board, Brown, Buffington. Burnett, Carter, Cole, Constant,
Degener, Downing, Evans of Titus, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, Graston, Goddin, Hamilton of Travis, Harris,
Hunt, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal,
Keuchler, Lsib, Lindsay, Mackey, McWashington, Mills, Midlius,
Mundine, Munroe, Pedigo, Phillips of Wharton, Posey, Rogers,
Buby, Schuetze, Scott, Smitli of Galveston, Smith of Marion,
Stockbridge, Talbot, Thomas, Varnell. Vaughan, Watrous, Wright
—54.

Nays — Messrs. President, Bellinger, Bledsoe, Boyd, Bryant, of
Grayson, Evans of McLennan, Grigsby, Lippard, Morse, Newcomb,
Patten, Phillips of San Augustine, Slaughter, Whitmore, Williams,
Wilson of Milam, Yarborough — 17.

So the resolution was adopted.

Mr. Wright offered the following resolution :

Resolved, That the report of the Committer on Education be
referred to the Judiciary Committee, with leave to amend or offer a
substitute, as they may think proper.

Mr. Ruby moved to reject the resolution.

Carried.

Mr. Johnson, of Calhoun, offered the following resolution :

Resolved. That the Committee on Contingent Expenses be
instructed to inquire into the matter of having the reporter write out
in plain English characters all the debates he may have reported,
and make a report as to how long it Avould take to translate ai:d
Avrite out all the debates ; and, also, how much will be the cost of
the same.

On motion, the rules were suspended for the consideration of the
resolution.

The question recurred upon the adoption of the resolution.

It was adopted.

Mr. Goddin offered the folloy^^ing resolution :

Resolved, That a committee of five be appointed by the President
to investigate the trutlifuluess of the minoiity report from Committee
on Lawlessness and Crime.

On motion the resolution was rejected.

Mr. Thomas offered the following resolution :

Resolved, That the session of tl>e Convention this afternoon be
devoted to the consideration of the report of the Committee on Gen-
eral Provisions.

By leave, the lesolation was withdrawn.

Mr. Evans, of McLennan, moved a suspension of the rules to take

RECONSTRUCTION CONVENTION JOURNAL. 683

up a resolution offered by Mr, Davis, of Nueces, respecting the
taking of a recess by the Convention, and the oixler of business.

Mr. Flanagan moved a call of the House.

Call sustained.

Absentee : Mills.

The question recurred upon the suspension of the rules, upon
which the yeas and nays were demanded.

Pending the announcement of the vote the Convention adjourned,
under the rules, till four o'clock this afternoon.

AFTERNOON SESSION — FOUR 0 CLOCK.

Roll called. Quorum present.

Mr. Whitmore asked leave of absence for Mr. Schuctze.

Leave granted.

Mr. Bledsoe called up the resolution offered by Mr. Davis, on the
fourth instant, respecting taking a recess, and what particular
business shall be disposed of

Mr. Buffington moved a call of the House.

Call sustained.

Alisentees — Messrs. Board, Evans of Titus, Glenn, Home, Mills,
ISIuckleroy, Ruby and Vaughan.

T^Ir. Smith of Marion moved a suspension of the call of the
House.

Lost.

Under the rule ^Messrs. Evans of Titus, Glenn, ^lills and Vaughan
each had their per diem deducted from their pay roll.

Absentees reported.

[Mr. Evans, of McLennan, in the chair. J

Mr. Lindsay offered tlie following amendment :

Strike out that portion oT the declar;;tion fixing a day to take a
recess, and leave the residue thereof intact.

The question recurred upon the adoption of the amendment.
• Mr. Flanagan moved to lay the whole question upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — jSIe.ssrs. Bell, Board, Boyd, Buffington. Carter, Cole,
Evans of Titus, Flanagan, \V. Flanauan, Fleming. Foster, Gaston,
G;enn, Hamilton of Travis, Harris, Home, Johnson of Calhoun,
Kealy, Kendal, McCormick, ]Slills, Morse, Muckleroy, Mundine,

684 RECOXSTRUCTION CONVEK-TION JOURNAL.

Pedigo, Pliillips of San Augustine, Phillips of Wharton, Slaughter,
Smith of Galveston, Smith of Marion, Stockbridge, Varuell,
Watrous, Wilson of Brazoria — 34.

Nays — Messrs. President, Armstrong, of Jasper, Armstrong of
Lamar, Bellinger, Bledsoe, Brown, Bryant of Grayson, Butler,
Burnett, Constant, Curtis, Degener, Downing, Evans of McLennan,
Fayle, Goddin, Grigsby, Hunt, Jordan, Keigwin, Kuechler, Leib,
Lindsay, Lippard, Mackey, Mo Washington, JNIunroe, Newcomb,
Oaks, Patten, Posey, Rogers, Buby, Scott, Sumner, Talbot, Thomas,
Vaughan, Whitmore, Williams, Wilson of Milam, Wright, Yar-
borough — 43.

So the Convention refused to lay upon the table. »

Mr. Armstrong, of Lamar, moved a suspension of the call.

Mr. Hamilton, of Travis, moved the indefinite postponement of
the subject.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bell, Board, Boyd, Buffington, Carter, Cole,
Constant, Evans of Titus, Flanagan, Flanagan W., Fleming, Foster,
Gaston, Hamilton of Travis, Harris, Home, Johnson of Calhoun,
Kealy, McCormick, Mills, jNIorse, Muckleroy, Mundine, Pedigo,
Phillips of San Augustine, Phillips of Wharton, Slaughter, Smith of
Galveston, Stockbridge, Varnell, Wilson of Brazoria, Wright — 32.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bellinger, Bledsoe, Brown, Bryant of Grayson, Butler,
Burnett, Curtis, Degener, Downing, Evans of IMcLennan, Fayle,
Godflin, Grigsby, Hunt, Jordan, Keigwin, Kendal, Kuechler, Leib,
Lindsay, Lippard, Mackey, McWashington, Munroe, Newcomb,
Oaks, Patten. Posey, Bogers, Ruby, Scott, Sumner, Talbot,
Thomas, Vaughan, Watrous, Whitmore, Williams, Y\''ilson of Milam,
Yarborough--4 3 .

So the Convention refused to postpone indefinitely.

The question again recurring upon the adoption of the amend-
ment, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Pi-eddent, Boll, Bellinger, Bledsoe, Board,
Brown, Bryant of Grayson, Buffington, Butler, Burnett, Car-
ter, Cole, Constant, Curtis, Degener, Downing, Evans of
Titus, Flanagan, W. Flanagan, Fleming. Foster, Grigsby, Ham-
ilton of Travis, Harris, Home, Johnson of Calhoun, Jordan, Kealy,
Kendal, Leib, Lindsay, McCormick, McWashington, Mills, IMun-
dine, Muni-oe, Oaks, Pedigo, Phillips of San Augustine, Philbps
of Wharton, Posey, Rogers, Ruby, Schuet/e, Scott, Slaughter,
Smith of ]\iarion, Stockbridge, Talbot, Thomas, Varnell, Watrous,
Williams, Wilson of Brazoria, Wright — 55.

RECONSTRUCTION CONVENTION JOURNAL. G85

N;iys — Messrs. Armstrong of Lamar, Armstrong of Jasper,
Eojd, Evans of McLennan, Fayle, Gaston, Glenn, Goddin, Hunt,
Keigwin, Kuecliler, Lippard, ]\ lackey, Movse, ]\luckleroj, Ncw-
couib, Patten, Smitli of Galveston, feumner, Whitmore, Wilson of
Milam, Yarborougli — 23.

So the amendment was adopted.

Mr. Flanagan moved the resolution be laid upon the table.

Carried.

The president having announced the decision upon the vote to lay
upon the talkie, decided that Mr. Hamilton could not call for the
yeas and nays upon the question after such announcement.

Mr. Evans, of Titus, appealed from the decision of the chair, and
upon the question " shall the decision of the chair stand as the divi-
sio)i of the House," the yeas and naj^s were deraanded and resulted
thus :

Yeas — j\Iessrs. x'irmstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Brown, Bryant of Grayson, Butler, Bur-
nett, Curtis, Degener, Downing, Evans of JSIcLcnnan, Fayle, God-
din, Grigsby, l.-unt, Jordan, Kendal, Keuchlor, Leib, Lindsay,
Lippard, Mackey, McWashington, Muckleroy, ]Munroe, Newcomb,
Oaks, Patten, Phillips of San Augustine, Posey, Piogers, Kuby,
Scliuetze, Scott, Smith of Galveston, Smith of Marion, Sumner,
Talbot, Thomas, Vaughan, Watrous, Williams, Whitmore, Wilson
of Milam — 46.

Nays — Messrs. Board, Boyd, Buffington, Carter, Cole, Constant,
Evans of Titus, Flanagan, Fleming, Foster, Gaston, Glenn, Ham-
ilton of Travis, Harris, Johnson of Calhoun, Kealy, Keigwin,
McCormick, JSIills, ]Morse, IMundinc, Pedigo. Phillips of Wharton,
Slaughter, Stookbridge, Varnell, Wilson of Brazoria, Wright — 28.

So the decision of the chair was sustained.

Mv. Patten moved for the previous question upon the passage of
the resolution.

Previous question seconded.

My. Buffington moved a call of the House.

Call sustained.

Absentees — Messrs. W. Flanagan and Home.

Mr. Patten moved a suspension of the call of the House : upon
which the yeas and nays were demanded and resulted thus :

i'eas — Messrs. President. Armstrong of Jasper, Bledsoe, Brown,
Bryant of Grayson, Butler, Bu\-nett, Carter. Constant. Curtis,
Downing, Evans of McLennan, Fayle, Fleming, Foster, Goddin,
Grigsby, Hunt, Jordan. Kealy, Kendal. Kuechler. Leib, Lindsay,
Lippard, INLickey, ^McWashington, Muckleroy. Munroe, McWash-
ington, Newcomb, Oaks, Patten, Phillips of San Augustine, Posey, ,

683 RECONSTRUCTION CONVENTION JOURNAL.

Rogers, Ruby Slaughter, Smith of Marion, Smith of Galveston,
Sumner, Tal!>ot, Thomas, Vaughan, Watr(3us, Whitmore, Williams,
Wilson of Milam, Wright, Yarborough — 50.

Nays — Messrs. Armstrong of Lamar, Bell, Board, Bojd, Bel-
linger, Buffington, Cole. Degener, Evms of Titus, Flanagan, Gas-
ton, Glenn, Hamilton of Travis, Harris, Johnson of Calhoun, Keig-
win, Mills. Morse, Mundine, Pcdigo, Phillips of Wharton, Schuotze,
Scott, Stockbridge, Varnell, Wilson of Brazoria — 26.

So the call was suspended.

The sergeant-at-arm.s reported Messrs. W. Flanagan and Home
as having left town. Under the rule their per diem pay was de-
ducted from pay roll.

Mr. Mills moved to adjourn until to-morrow morning at 9
o'clock.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Brown, Boyd, Buffington, Carter, Cole, Evans of Titus,
Flanagan, Foster, Gaston, Glenn, Goddin, Grigsby, Hamilton of
Travis, Harris, Johnson of Calhoun, Jordan, Keigwin, Lindsay, Mc-
Cormick, Mackey, McWashington, Mills, Morse, Muckleroy, jNIun-
dine, Munroe, Pedigo, Phillips of Wharton, Posey, Schuetze, Smith
of Galveston, Smith of Marion, Stockbridge, Talbot, Varnell,
Vaughan, Watrous, Williams, Wilson of Brazoria, Wilson of Milam,
Wright— 45.

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Gray-
son, Butler, Burnett, Constant, Cartis, Degener, Downing, Evans
of McLennan, Fayle, Fleming, Hunt, Kealy, Keuchler, Leib, Lip-
pard, Newcomb, Oaks, Patten, Phillips, of San Augustine, Rogers,
Ruby, Scott, Slaughter, Sumner, Thomas, Whitmore, Yarborough
—31

So the Convention refused to adjourn.

Mr. Hamilton, of Travis, moved a call of the House.

Call sustained.

Mr. Armstrong, of Lamar, moved the Convention adjourn until
to-morrow morning at 9 o'clock.

Carried.

RECONSTRUCTIOX CONVENTION JOURNAL. 687

CAPITOL, AUSTIN, TEXAS,

August 7tu, 18G8.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer bj the Chaplain. Journal
of" yesterday read and adopted.

Mr. Evans, of McLennan, asked leave of absence for Mr. Patten
until Tuesday.
' Leave granted.

Mr. Armstrong, of Lamar, asked leave of absence for Mr. Brown.

Leave granted.

Mr. Bell asked leave of absence for Mr. Pedigo.

Leave granted.

Mr. Lindsay made the following report from the Special Com-
mittee appointed to inquire into the conduct of Messrs. Long and
Johnson :

Hon. E. J. DAVIS,

President of the Convention

Committee Room,

August 7, 1868.

Sir : The Special Committee appointed by you, under an order
of the Convention, to investigate the conduct of two of its mem-
bers, Messrs. Johnson and Long, upon a charge of having violated
the rules of decorum, prescribed for the government of this body,
during its session, have performed that duty, and now beg leave to
submit the following report :

From the evidence, which they were enabled to procure, it a])pears
that the occurrence took place entirely without the precincts of the
Convention : and, however reprehensible their conduct may have
been — about which the committee thinks it would be improper for
them, under the circumstances, to express an opinion — it is not
subject to the jurisdiction of this body. If tlie difficulty had taken
place in the midst of the members, during the session of the Con-
vention, or in the lobby of the House, then., by the rules adopted for
the government of this body, as well as by general parliamentary
law, the parties would have been justly subject to its censuie. and
might be dealt with by reprimand or expulsion : but, as it took
place withoiit the precincts of the House, if the parties are amenable
to any tribunal, it is to the civil authority of the country; and they

688 KECONSTRUCTIOX CONVENTION JOURNAL.

cannot be dealt with hy parliamentarj law upon the facts ascer-
tained bj our investigation.

Whether the parties are amenable to the civil law upon the facts,
the committee deems it improper for them to express an opinion, as
such an intimation might prejudice the rights of the parties in an
investigation before the civil tribunals of the country.

Thej may be permitted, however, to say that, according to the
principles of parli anentary law, there are certain privileges guaran-
teed to the members of all deliberative bodies, which shield and
protect them against arrest by the civil authorities of the govern-
ment, while in session. No member of a deliberative body can be
arrested during the continuance and term of its sessions, except for
treason, felony, breach of the peace, or in a case in which sureties
of the peace may be demanded, of one or both of the parties, for
threatened aggressions. In all other cases, the members of deliber-
ative bodies are privileged from arrest, Avhile the body, of which they
are members, is in session.

In this case no treason nor felony has been committed. And,
as nothing occurred within the precincts and jurisdiction of the
House, calling for its action, or animadversion, it would be im-
pi'oper for this committee to intimate whether a breach of the peace
was committed or not; as that might become a subject of judicial
inquiry by the civil tribunals of the country.

Upon examination of the parties themselves involved in the in-
vestigation, the committee is satisfied the difficulty is at an end
between them, and no precautionary measure is necessary to prevent
a collision, and they therefore recommend their discharge from the
custody of the sergeant-at-arms, and their restoration to their privi-
leges in the House. They ask that the committee be now discharged.
All of which is respectfully submitted.

L. LINDSAY.

B. F. WILLIAMS.

JAMES P. BUTLER.

Upon motion, tlic report was adopted.

I\Ir. Burnett moved that the members be discharged upon the pay-
ment of fees.

Carried.

Mr. McCormick, from the Committee on Contingent Expenses,
made the following report :

keconstruction conve^■t^o^i journal. 689

Committee Room,

August 1, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir: The Committee on Contingent Expenses, to Tvhich was re-
ferred the resolution offered by Mr. Long, in reference to the pay of
Fred. Slaughter, carrier of the mail, etc., have had the same under
coDsideration. They fiixl that Fred. Slaughter was employed by
the postmaster of the Convention, on his own account, and on his
charge, at the rate of one dollar per day, in specie. For reasons
not proper to state in this report, said postmaster is unable to pay
Fred. Slaughter, according to his contract ; and said postmaster has
expressed to us his willingness, and his desire, that the Convention
should pay Fred. Slaughter one dollar and fifty cents per day,
which is equal, very nearly, to the one dollar specie, promised him
by said postmaster, and that the same be deducted out of the pay
allowed said postmaster, and that the secretary issue his certificate,
according to the accompanying resolution herewith reported.

A. P. Mccormick,

Chairman.

Resolved, That the Secretary of the Convention be, and he is
hereby authorized and required to issue to Fred. Slaughter, the
carrier of the mails to and from the Convention, a certificate for one
dollar and fifty cents for each day which the said Fred. Slaughter
has been so employed, and that the amount so certified in favor of
said Slaughter, shall be deducted out of the amount of the per diem
pay due by a previous resolution of the Convention to the postmaster
of the Convention.

Mr. Ruby moved a suspension of the rules to take up the report.

Rules suspended.

Resolution read and adopted.

Mr. Smith, of Galveston, moved a suspension of rules to put
resolution iipon its passage.

Rules suspended.

Resolution read a third time and passed.

Mr. Munroe asked a suspension of the rules to take up the report
of the Committee on Contingent Expenses, respecting the journaliz-
ing of the minutes of the Convention.

Mr. Burnett oftered the following substitute to the report :

Rcsolred, That the Secretary is hereby directed to issue to Mr.
John C. !Morris a certificate for pay for his services rendered and to
44

690 RECO^'STRIJCTION CONVENTION JOURNAL.

be rendered, in inscribing in a bound volume the journals of thig
Convention, at the rate of eight dollars per day ; provided, that
said Morris shall receive pay only for the time of the sitting of this
Convention.

Resolved, That the Secretary is hereby directed to supervise said
record, and see that the same is correctly and properly made.

Mr. Sumner moved to lay the substitute upon the table.

Convention refused to lay the substitute upon the table.

Mr. Munroe moved the adoption of the substitute.

' [pon "which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bledsoe, Board, Boyd, Bryant of Grayson, Butler,
Burnett, Carter, Downing, Evaiis of Titus, Fayle, Flanagan, W.
Flanagan, Goddin, Harris, Hunt, Johnson of Harrison, Keigwin,
Keuchler, Lippard, Mills, Munroe, Newcomb, Phillips of Wharton,
Slaughter, Vaughan, Whitmore, Wilson of Milam — 27.

Nays -Messrs, President, Armstrong of Lamair, Bell, Bellinger,
Bryant of Harris, Buffington, Cole, Curtis, Fleming, Foster, Gaston,
Grigsby, Hamilton of Travis, Jordan, Kealy, Kendal, Leib, Long,
Mackey, McCormick. McWashington, Morse, Muckleroy, Mundine,
Phillips of San Augustine. Posey, Rogers, Scott, Smith of Gal-
veston, Smith of Marion, Stockbridge, Sumner, Thomas, Yarnell,
Watrous, Williams, Wilson of Brazoria, Wright, Yarborough — 39.

So the- Convention refused to adopt the substitute.

Mr. McCormick moved the previous question upon the adoption of
the resolution.

Previous question seconded.

The question recurred, "shall the main question be now put !"

The main question was ordered.

The question recurred, "shall the resolution be adopted?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger, Bledsoe^
Bryant of Harris, Buffington, Cole, Constant, Curtis, Degener,.
Downing, Evans of McLennan, Fleming, Foster, Grigsby, Hunt,
Jordan, Kealy, Kendal, Kuechler, Leib, Lippaid, McCormick,
McWashington, Morse, Mundine, Oa,ks, Phillips of San Augustine,
Posey, Scott, Smith of Galveston, Smith of Marion, Stockbridge,
Sumner, Thomas, Varnell, Vaughan, Watrous, Williams, Wilson
of Brazoria, Wright — 41.

Nays — Messrs. President, Armstrong of Jasper, Board, Boyd,
Bryant of Grayson, Butler, Burnett, Carter, Evans of Titus, F'lyle,
Flanagan, W. Flanagan, Gaston, Goddin, Harris, Johnson of
Calhoun, Keigwin, Long, Mackey, Mills, Muckleroy, Munroe,

RECONSTRUCTION CONVENTION JOURNAL. 691

Ncwcomb, Phillips, of Wharton, Rogers, Schuetzc, Slaughter,
Whitmore, Wilson of Milam, Yaiborough — 30.

So the resolution was adopted.

INlr. McCorniick moved a suspension of the rules to put resolu-
tion upon its final passage.

Rules suspended, and the resolution was adopted.

The President announced the business next in order was the
special order of the daj, which is the consideration of the vote by
which the sul)stitute offered bj Mr. Evans, of McLennan, to the
report of the Committee on Internal Improvements, was laid upon
the table.

Mr. Degener moved that a special committee of seven be
appointed, to which the entire subject may be referred.

Mr. Thomas made the following point of order :

The first duty of the Convention, under the Reconstruction Acts,
is tiie formation of a constitution, and until a constitution shall have
been framed, all other business is out of order.

The President decided that the point of order was not in accord-
ance with the rules governing the Convention.

M* Thomas appealed from the decision of the chair.

Upon the question being put ^ 'shall the decision of the chair stand
as the decision of the House ?" the yeas and nays were demanded
and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Board, Boyd, Bryant of Harris, Buifington, Butler,
Carter, Cole, Constant, Degener, Downing, Evans of McLennan,
Evans of Titus, Flanagan, W. Fhxnagan, Fleming. Foster, Gaston,
Goddin, Grigsby, Ilamiltonof Travis, Harris. Home, Hunt, Johnson
of Harrison, Johnson of Calhoun, Jordan, Kcaly, Keigwin. Kendal,
Kuechler, Leib, Long, Mackey, McCormiek, McWashington, Mills,
Morse, Muckleroy, Mundine, Munroe, Phillips of San Augustine,
Phillips of Wharton. Rogers, Schuetze, Slaughter, Smith of Gal-
veston, Smith of Marion, Stoclcbridge, Sumner, Talbot, Vaughan,
Watrous, Whitmore, AVilliams, Wilson of Brazoria, Wright, Yar-
borongh — 61.

.Nays — Messrs. Bledsoe, Bryant of Grayson, Burnett, Fayle,
Newcomb, Oaks, Posey, Scott, Thomas, Wilson of Milam — 10.

So the decision of the Chair was su.staincd.

Mr. Degener offered the following resolution:

Resolred, That a committee of seven be appointed, and all mat-
ter appertaining to the sale of railroads be referred to the same,
the chairmen of the committees on finance, internal improvements
and education to be members of said committee.

692 RECONSTRUCTION CONVENTION JOURNAL,

The question recurred upon the adoption of the resolution.

It was adopted.

The President announced the following members as composing
said committee :

Messrs. Hamilton of Travis, Lindsay, Whitmore, Talbot, Flana-
gan, Evans of McLennan, and Degener chairman.

Mv. Buffington moved to take up the unfinished business on the
President's table.

Carried.

Mr. Buffington moved to take the report of the Committee on
General Provisions.

Carried.

Mr. Jordan, by leave, withdrew his amendment to the amend-
ment oifered by Mr. Hamilton of Travis to section fifteen of the
substitute to section three.

Mr. Evans of McLennan moved to lay the amendment upon the
table.

Upon which the yeas and nays were demanded, and resulted
thus:

Yeas — Messrs. President, Armstrong of Lamar, Bell, Beliinger,
Bledsoe, Brytint of Harris, Buffington, Butler, Burnett, Cole, Con-
stant, Curtis, Downing, Evans of McLennan, Fayle, Flanagan, W.
Flanagan, Fleming, Goddin, Harris, Hunt, Johnson of Harrison, Ken
dal, Kuechler, McCormick, Morse, Muckleroy, Mundine, Munroe,
Newcomb, Oaks, Phillips of San Augustine, Schuetze, Scott,
Slaughter, Smith of Galveston, Stockbridge, Sumner, Talbot,
Thomas, Varnell, Vaughan, Watrous, AVhitmore, Wilson of Brazo-
ria, Wilson of Milam — 46.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Bryant of
Grayson, Carter, Evans of Titus, Foster, Gaston, Grigsby, Hamil-
ton of Travis, Harn, Johnson of Calhoun, Jordan, Kealy, Keig-
win, Leib. Lindsay, Mackey, Mills, Phillips of Wharton, Rogeis,
Ruby, Smith of Marion, Williams, Wright — 25.

So the amendment was laid upon the table. ,

On motion, section fifteen was adopted.

On motion, section sixteen was adopted.

Mr. Constant oflfered the following amendment to section seven-
teen :

Lisert at the end of the section, " Except in such cases as are
specified in section ten of this article."'

Mr. Wright moved to lay the amendment upon the table.

Carried.

Upon motion, section seventeen was adopted.

On motion, brackets in section eio;hteen were stricken out.

KECONSTRUCTION CONVENTION JOURNAL. 693

Upon motion, section eigbteen was adopted.

Upon motion, section nineteen was adopted.

Mr. Evans of McLennan offered the following amendment :

Amend by striking out section twenty.

Mr. Flanagan moved tbe previous question upon the adoption of
section twenty.

Previous question seconded.

Tbe question recurred, " Shall the main question be now put?"

Main question ordered.

The question recurring upon the adoption of section twenty, it was
adopted.

IMr. Degeuer moved that the consideration of section twenty-one
be postponed.

Carried.

ISIr. Davis offered the following substitute to section four of the
original report :

Provided, that the managers or proprietors of public conveyances,
places of business, or of public resort, herein mentioned, shall have
the authority to prescribe such rules and regulations as will secure
the comfort of guests or ti'avelers, and good order and decency.

Mr. Lindsay offered the following substitute :

The equality of all persons before the law is herein recognized,
and shall ever remain inviolate; nor shall any citizen ever be de-
prived of any right, privilege or immunity, nor be exempted from
any burden or duty, on account of race, color or previous condi-
tion.

Mr. Thomas moved to lay section four and the substitute upon the
table.

Motion withdrawn.

Motion withdrawn at request of Mr. Evans, of ]\IcLennan, who
by understanding with Mr. Thomas again moved to lay the section
and the amendment and su^stitute upon the table.

Mr. Smith of Marion moved a call of the house.

Call sustained.

Upon motion, the Convention adjourned until four o'clock this
afternoon.

AFTERNOOX SESSION. — FOUR 0 CLOCK.

Roll called. Quorum present.

Mr. Board called up the report of the Judiciary Committee upon
Paschal' s Digest of the Laws of Texas, with accompanying resolu-
tion :

694 RECONSTRUCTION CONVENTION JOURNAL.

Resolved^ That the Governor be instructed to contract with
George W. Paschal for the delivery of thirtj-five hundred copies of
" Paschal's Annotated Digest of the Laws of Texas," in the citj of
Austin, at the proposed price of nine dollars per volume, the books
to be 23rinted and bound in the same style of the first edition.

To ensure the early delivery of the work, it shall be the duty of
the Governor, as soon as the said George W. Paschal shall execute
to the State his bond, with securities to be approved by the Gover-
nor, in the surn of forty thousand dollars, for the delivery of said
number of the digests in the city of Austin within four months
from the date of said bond, to draw upon the Treasurer of the State
for twenty thousand dollars of said money, and to draw for the bal-
ance as soon as the books shall be delivered to the Secretary of
State.

The sum of thirty-one thousand five hundred dollars be, and the
same is hereby, appropriated to carry into effect this ordinance.

The question recurred upon the second reading of the resolution.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Board, Evans of Titus,
Flanagan, Fleming, Goddin, Home, Johnson of Harrison, McCor-
mick, Mundine, Scott, Stockbridge, Wilson of Brazoria — 14.

Nays — Messrs. President, Bell, Bellinger, Bledsoe, Boyd, Brown,
Bryant of 'Grayson, Bryant of Harris, Buflfington, Burnett, Carter,
Cole, Curtis, Degener, Downing, Evans of McLennan, Fayle, Fos-
ter, Gaston, Grigsby, Harn, Harris, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Kuechler, Leib, Lippard, Long, Mackey,
McWashington, Morse, Muckleroy, Munroe, Newcomb, Oaks,
Phillips of San Augustine, Kogers, Smith of Marion, Sumne^r, Tal-
bot, Thomas, Varnell, Watrous, Whitmore, Williams, Wilson of
Milam, Wright, Yarborough — 50.

So the Convention refused to adopt.

Mr. Boyd called up the report of the Committee on luternal Im-
provements, with accompanying declaration, respecting the Mexican
Gulf Railroad Company.

Mr. Degener moved the declaration be laid upon the table, upon
which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Bledsoe, Board, Butler, Degener, Down-
ing, Grigsby, Hunt, Kuechler, Leib, Lippard, .Newcomb, Oaks,
Rogers, Rul:)y, Smith of Marion, Thomas, Whitmore, Williams — 19.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Bellinger, Boyd, Bryant of Harris, Buffington, Carter, Cole,
Evans, of McLennan, Evans of Titus, Fayle, Flanagan, W. Flana-

RECONSTRUCTION CONVENTION JOURNAL. 695

gau, Fleming, Foster, Gaston, Harn, Horne, Johnson of Ilariisoa,
Juliuson of Calhoun, Jordan, Kealj, Kcigwin, Kendal, Mackcy,
McCormiek, Me\\^ishington, Mills, Moise, i\Iuckleioy, Mundine,
Munroe, Pcdigo, Phillips of San Augustine, Phillips, of \Vh:ii-ton,
Pose/, Schuetze, Scott, Smith of Galveston, Stockbridge, Sumner,
Talbot, Varnell, Watrous, Wilson of Brazoria, Wilson, of Milam,
Wright, Yar])orough — 48.

So the Convention refused to lay upon the table.

Mr. Varnell moved the adoption of the declaration,

Mr. Newcomb movf^d a call of the House.

Call sustained.

On motion, Mr. Slaughter was excused.

Mr. Bojd asked leave of absence for Mr. Glenn.

Leave granted.

Absentee — Hamilton, of Travis.

Mr. Posey moved a suspension of the call of the House.

Carried.

The question recurred upon the adoption of the declaration.

It was adopted:

Mr. Johnson, of Calhoun, moved a suspension of rules to put
declaration upon its final passage, upon which the yeas and nays
were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger, Board,
Boyd, Bryant of Harris, Burnett, Buffington, Carter, Cole, Constant,
Curtis, Evans of Titus, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Gaston, Goddin, Harris, Horne, Harn, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Leib, McCormiek,
Mackey, ^IcWasliington, IMills, IMorse, Muckleroy, Mundine. Mun-
roe, Phillips of San Augustine, Phillips of Wharton, Schuetze,
Scott, Smith of Galveston, Stockbridge, Talbot, Varnell, Vauglian,
Watrous, Wilson of Brazoria, Wilson of Milam, Wright, Yar-
borough — 51. •

Nays — Messrs. President, Bledsoe, Bryant of Grayson, Butler,
Downing, Degener, Evans of McLennan, Grigsby, Kendal, Kuecb-
ler, Lippard, Long, Newcomb. Oaks, Rogers, Ruby, Smith of
Marion, Sumner, Thomas, Whitmoi'e, Williams — 21,

Four-fifths not voting in the affirmative, the Convention refused to
suspend the rules.

Mr. Bryant, of Grayson, called up the unfinished business of
this morning, which was the report of the Connuittee on General
Provisions.

The question being upon the adoption of the amendment ofiered
by i\L*. Lindsay, to the -ith section of the report.

Mr. Bui'nett moved that the amendment of Mr. Davis, and the

696 RECONSTRUCTION CONVENTION ' JOURNAL.

substitute of Mr. Lindsay, to section 4, be laid upon the table, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bled-
soe, Board, Boyd, Bryant of Grayson, BulSngton, Burnett, Carterj
Cole, Evans of Titus, Flanagan, W. Flanagan, Fleming, Gaston,
Harris, Home, Harn, Johnson of Caihoun, Kealy, Keigwin, Mills,
Morse, Muckleroy, Mundine, Phillips of San Augustine, Posey,
Rogers, Thomas, Varnell, Wright, Yarborough — 32.

Nays — Messrs. President, Bell, Bellinger, Bryant of Harris,
Butler, Constant, Curtis, Degener, Downing, Evans of McLennan,.
Fayle, Foster, Goddin, Grigsby, Hunt, Johnson of Harrison, Jordan,
Kendal, Kuechler, Leib, Lindsay, Long, Mackey, McCormick,
Munroe, Newcomb, Oaks,Phillipsof Wharton, Ruby, Schuetze, Scott,
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge,
Sumner, Talbot, Watrous, Whitmore, Williams, Wilson of Bra-
zoria, Wilson of JMilam — 42.

So the Convention refused to lay upon the table.

The question recurred upon the adoption of the substitute.

Mr. Newcomb moved the previous question, upo'n the adoption of
section 4.

Previous question not seconded.

Mr. Hunt moved the previous question.

Previous question seconded.

Mr. Flanagan moved a call of the House.

Call sustained.

iibsentees— Hamilton, of Travis, Mackey.

Mr. Butler moved a suspension of the call of the House.

Call suspended.

The question recurred, '' Shall the main question be now put?"
upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Bellinger, Bryant of Harris, Butler,
Curtis, Degener, Downing, Foster, Hunt, Johlison of Calhoun, Jor-
dan, Johnson of Harrison, Kendal, Kuechler, Lcib, Long, McCor-
mick, Mc Washington, Newcomb, Ruby, Schuetze, Smith of Gal-
veston, Smith of Marion, Sumner, Varnell. Watrous, Williams,
Wilson of Milam, Wriglit— 29.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Burnett,
Carter, Cole, Constant, Evans of McLennan, Evans of Titus, Fayle,
Flanagan, W. Flanagan, Fleming, Gaston, Goddin, Grigsby, Harris,
Harn, Home, Kealy, KeigAvin, Lindsay, Mills, Morse, Muckleroy,
Mundine, Munroe, Oaks, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Scott, Slaughter, Stockbridge, Talbot,
Thomas, Vaughan, Whitmore, Wilson of Brazoria, Yarborough — 46.

RECONSTRUCTION CONVENTION JOURNAL. 697

So the Convention refused to order the main question.

Mr. Butler moved the adoption of the vsubstitute offered by Mr.
Lindsay.

Mr. Shiughter moved a call of the House.

Call sustained.

Mr. Flanagan moved to adjourn until to-morrow morning at nine
o'cloclc.

Lost.

Absentee — Mr. Hamilton of Travis.

Mr. Hamilton, of Travis, upon motion, was excused.

Mr. Smith, of Marion, moved to adjourn until to-morrow morning
at 9 o'clock, upon which the yeas and nays were demanded and re-
sulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bledsoe, Board, Boyd, Buffington. Carter, Cole, Evans of Titus,
W. Flanagan, Gaston, Grigs])y, Harris, Harn. Keigwin, McCor-
mick, Mills, Morse, INIuckleroy. Phillips of San Augustine, Posey,
Rogers, Schuetze, Slaughter, Smith of Marion, Vaughan, Whit-
more, Wilson of Brazoria, Wright, Yarborough — 30.

Nays — Messrs. President, Bell, 'Bellinger, Bryant of Grayson,
Bryant of Harris, Butler, Burnett, Constant, Curtis, Degener,
Downing, Evans, of McLennan, Fayle, Flanagan, Fleming, Foster,
Goddin, Home, Hunt, Johnson of Harrison, Johnson of Calhoun,
Joi-dan, Kealy, Kendal, Kuesliler, Leib, Lind.say, Lippard, Long,
]\Iackey, Mc Washington, Mundine, Munroe, Newcomb, Oaks, Phil-
lips, of Wharton, Rul;)y, Scott, Smith of Galveston, Stockbridge,
Sunnier, Talbot, Thomas, Varnell, Watrous, Williams, Wilson of
Milam— 47.

So the House refused to adjourn.

The question being upon the substitute, the yeas and nays were
demanded and resulted thus :

Y'eas — Messrs. President. Armstrong of Jasper, Armstrong of
Lamar, Bell. Bellinger, Bledsoe, Board, Boyd, Bryant of Harris
BuiFington, Butler, Burnett, Carter, Constant, Curtis, Degener,
Downing. Evans of McLennan, Evans of Titus, Fayle, Flanagan
Foster, Goddin, Grigsby, Hunt, Johnson of Harrison, Jordan
Keigwin, Kendal, Kuechler, Leib, Lindsay, Lii)pard, Long
Mackey, McCormick, McWashington, Mills, Muckleroy. Mundine
INIunroe, Oaks, Phillips of San Augustine, Phillips of Wharton
Posey. Rogers. Rub.y, Scott. Smith of Galveston. Smith of Marion
Stoclvbridge, Sumner. Talbot. Watrous, Whitmore, Williams
Wilson of Brazoria, Wilson of Milam, Wright — 59.

Nays — Messrs. Bryant of Grayson, Cole, W. Flanagan, Fleming,
Gaston, Harris, Harn, Home, Johnson of Calhoun, Kealy, Morse.

69.8 RECONSTRUCTION CONVENTION JOURNAL.

Newcomb, Scliuetze, Slaughter, Thomas, Varnell, Vaughan, Yar-
horough — 17.

So the substitute was adopted.

Mr. Armstrong of Jasper moved to adjourn until to-morro^Y
morning, at nine o'clock.

Lost.

Mr. Mills moved to lay the substitute upon the table.

Mr. Sumner moved to adjourn till to-morrow morning, at nine
o'clock.

Carried.

CAPITOL, AUSTIN, TEXAS,
August 8, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Fayle, from the Committee on Enrolled Bills, made the
following report :

Hon. E. J. DAVIS,

President of the Convention :

The Enrolling Committee have had the following resolutions (No.
31 to No. 87, inclusive,) under examination, and find them to be
correctly enrolled.

No. 31. Resolution ordering one thousand copies of the Austin
Daily Republican, at eight cents per number ; and five hundred
copies of the San Antonio Free Press, at seven cents per number,
and discontinuing other papers.

No. 32. Resolution requesting the arrest of one C. C. Gillespie,
editor of Houston Telegraph, for advising the assassination of Morgan
C. Hamilton and C. C. Caldwell.

No. 33. Resolution providing for the appointment of a committee
to proceed to Millican, for tbe purpose of investigating vhe recent
disturbance, and appropriating ,^500 for expenses of said committee.

No. 34. Resolution appropriating $300 for the arrest of the
attempted assassin of Judge Cooley.

No. 85. Resolution appropriating $500 to pay telegrams.

RECONSTRUCTION CONVENTION JOURNAL. 699

No. 36. Resolution requesting the Congress of the United States
to apijoiut a coniuiitteo to nujuirc into the condition of the State.

No. 37. Resolution requesting Brevet Major-General J. J. Rey-
nolds to appoint one or more commissioned officers to participate in
the investigation of the Millican disturbance.
Respectfully,

WM. R. FAYLE,
Chairman of the Enrolling Committee.

Report adopted.

Mr. Pcdigo, from Committee on Counties and County Boundaries,
made the following report and declaration :

Committee Room,
Austin, August 6, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Your Committee on Counties and County Boundaries, to VNhom
was referred petitions from the citizens of the counties of Comal and
Guadalupe, presented by Mr. Hunt of Comal, asking- that the boun-
dary line between these counties be so changed as to include a portion
of the county of Guadalupe within the limits of said county of
Comal, have had the same under consideration, and beg leave to
report as follows :

First. We find that the southwest boundary line of the county of
Comal passes thi-ough a German settlement who have a common
interest in being associated under one n.unicipal government or
county organization, and that all their social and commercial rela-
tions are identical.

Second. We also find that New Braunfels, the county site of
Comal county, is situated Init little over one mile from tlie boundary
line that separates said counties, and that the northern and western
portion uf Comal is mountainous and sparsely settled.

For these and other reasons your committee are of opinion that
the pu1)lic interest would be enhanced if the request of petitioners
should lie granted, and, to this eftbct, report to the Convention,
through you, the accompanying declaration, and ask its passage.

H. C. PEDIGO,

• Chairman.

700 KBCONSTRUCTION CONVENTION- JOURNAL.

DECLARATION

Changing the boundary lines of Comal county.

Section 1. Be it declared by the people of Texas in Conven-
tion assembled^ That the portion of the county of Guadalupe con-
tiguous to the county of Comal, and bounded by the following lines,
to-wit :

Beginning at the south corner of the county of Comal, on the
Cibolo river, thence following the meanders of said river down the
same to the lower corner of the F. Rodrequez survey No. 84 ; tlience
north sixty degrees east eight miles to a post, thence in a straight
line to the southeast corner of the county of Comal, shall be attached
to the county of Comal and constitute a part thereof, and be known
hereafter as a part of said county.

Geo. 2. That this declaration shall take effect from and a,fter its
passage.

Mr. Hunt, from the Committee on State Affairs, reported as fol-
lows:

Hon. E. J. DAVIS,

President of the Convention

Committee Room,
Austin, August 7, 1868.

Sir: Your Committee on State Affiirs, to whom was referred a
declaration offered by Hon. Mr. Kealy, of Denton county, making it
the duty of each county of the State to make suitable provision for
the support of paupers, have had the same under consideration, and
are in favor of the passage of such laws as will insure the accom-
plishment of this object.

To this end your committee report the accompanying substitute in
lieu of the original declaration, and ask its adoption by the Conven-
tion:

H. C. HUNT,

Chairman.

DECLARATION.

For the support of paupers.

Section 1. -It shall be the duty of the Legislature to pass laws
requiring the police courts of each county in the State to provide

RECONSTRUCTION CONVENTION JOURNAL. 701

for the support of paupers, by the purchase of lands and erection of
suitable buildings, or otherwise.

Sec. 2. The Legislature shall pass laws organizing and regulating
the government of institutions for the support of paupers.

Mr. Flanagan oilcred the following petition and declaration, and
asked its reference to the Committee on State Aiiidrs.

Palestine, Texas,

July 28, 1868.

To the President and Representatives of the State Convention :

Gentlemen : We, the undersigned Commissioners of Anderson
county would very respectfully request that your honorable body
would confer the very great relief upon Anderson county, to relin-
quish the btate tax tliat is due from Anderson county for the present
year, for tlie purpose of aiding the said county in building the jail
bouse. The county is unal)le to build a jail with the extent of the
tax that the court would be justified in levying.
All of which is respectfully submitted, etc.

HENRY FIELDS,
E. ANDREWS,
W. T. SMITH,
T. C. HOOKER.

DECLARATION.

Section 1. Be it declared^ That the State tax due from the
county of Anderson, be remitted to said county, for the purpose of
building a jail.

Sec. 2. And that tliis declaration take eflect from and after its
passage.

It was so referred.

Mr. Bryant, of Grayson, introduced the following resolution :

Resolved, That a committee of three be appointed to investigate
the circumstances of the murder of Captam Martin D. Hart, of Hunt
county, during the rebellion, and report the same to this Convention,
with suitable resolutions.

Mr. Bryant asked suspension of rules to consider the resolution.
Rules suspended.
Resolution adopted.

702 RECONSTRUCTION CONVENTION JOURNAL.

The President announced the said committee to be, Bryant, of
Grajson, Burnett, and H jrne.

Mr. Burnett gave noti 'e that, at an early day, he would move to
reconsider the vote by which the report of the Judiciary upon Pas-
chal's Digest was rejected.

The President announced the business in order to be the report of
Committee on General Provisions, the question being, on laying
upon tiie table the substitute offered by Mr. Lindsay to section four.

Mr. Buffington moved a call of the House.

Call sustained.

Mr. Mundine was excused on account of sickness.

Mr. Webster Flanagan was excused on account of sickness.

Absentees — Messrs. Glenn, Home, Newcomb, Phillips of Whar-
ton, aand Slaughter.

Mr. Butler moved a suspension of the call.

Lost.

Reported — Phillips of Wharton.

Messrs. Home, Newcomb, and Slaughter being absent twenty
minutes after the call of the House, under the rules, their per diem
of the day was deducted from the pay roll.

Mr. Ruby moved that the call of the House be suspended.

Call suspended.

The question being upon laying the substitute of Mr. Lindsay
upon the table.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong, of Jasper, Bledsoe, Board, Boyd,
Bryant of Grayson, Carter, Cole, Evans of Titus, Fayle, Flanagan,
Fleming, Gaston, Glenn, Harris, Harn, Johnson of Calhoun, Kealy,
Keigwin, Mills, Morse, Muckleroy, Pedigo, Phillips of San Augus-
tine, Thomas, Varnell, Vaughan — 26.

Nays — Messrs. President, Armstrong, of Lamar, Bell, Bellin-
ger, Bryant of Harris, Buffington, Butler, Burnett, Constant, Curtis,
Degener, Downing, Evans of McLennan, Foster, Goddin, Grigsby,
Hamilton of Travis, Home, Johnson of Harrison, Jordan, Kendal,
Kuechler, Lei)), Lindsay, Lippard, Long, Mackey, McCormick,
McWashington, INIunroe, Newcomb, Oaks, Phillips of Wharton,
Posey, Rogers, Ruby, Schuetze, Scott, Smith of Galveston, Smith
of Marion, Stockbridge, Sumner, Talbot, Watrous, Whitmore, Wil-
liams, Wilson of Brazoria, Wilson of Milam, Wright, Yarborou2;h
—50.

So the Convention refused to lay the substitute upon the table.

The question recurred, "shall the main question be now put?"

The main question was ordered.

RECOMSTRTJCTrON CONVENTION JOURNAL- 703

The question recurred, sliall the substitute be adopted as section
four of the report.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Pre.>ident, Armstrong, of Lamar, Bell, Bellinger,
Bledsoe, Board. Bryant of Harris, BufTmgtun, Butler, Burnett,
Constant, Curtis, Degener, Downing, Evans, of McLennan, Fayle,
Foster, Goddin, Grigshy, Hamilton of Travis, Hunt, Johnson of
Harrison, -Jordan, Kendal, Kuechler, Lei)-", Lindsay, Lippird, Long,
Mackcy, McCormick, Mc Washington, INlunroe, Newcomb, Oaks,
Pedigo, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze,
Scott, Smith of Galveston, Ir-mith of Marion, Stoekbridge, Sumner,
Tali'ot, Vfatrous, Whitmore, Williams, Wilson of Brazoria, Wilson
of ]\Iilam, Wright. — 53.

Nays — Messrs. Armstrong, of Jasper, Boyd, Bryant of Grayson,
Carter, Cole, Evans of Titus, Flanagan, Fleming, Gaston, Glenn,
Harris, Harn, Johnson of Calhoun, Kealy, Keigwin, Morse, Muck-
leroy, Phillips of San Augustine, Thomas, Varnell, Vaughan,
Yarl)orough — 22.

So the sul^stitute was adopted as section four.

Mr. Davis oifored the following amendment to section five :

Lr place of word "inferior," in first line, insert "other."

Amendment adopted.

Mr. Hamilton, of Travis, by request, offered the folloAving amend-
ment :

"And neither slavery nor involuntary servitude, except as a pun-
ishmerit for crime, whereof the party shall have been duly convicted,
shall ever exist in this State."

Mr. Constant moved to lay the section as amended upon the
table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — INIessrs. Armstrong of Jasper, Boyd, Cole, Constant,
Evans of Titus, Gaston, Glenn, Harris, Keigwin, Morse — 10.

Nays — Messrs. President, Armstrong of Lamar, Bell. Bellinger,
Bled.-;oc, Bryant of Grayson, Bryant of Harris. Buffington, Butler,
Burnett, Carter, Curtis, Degener, Downing, Evans of McLennan,
Fayle, Flanagan, W. Flanagan, Fleming, Foster. Goddin, Grigsby,
Hamilton of Travis, Horne, Hunt, Johnson of Harrison, .Johnson
of Calhoun, Jordan, Kealy, Kendal, Keuchler, Leib, Lindsay,
Long, McCormick, Mc Washington, Muckleroy. Munroe, New-
comb, Oaks, Pedigo, Phillips of San Augustine, Phillips of
Wharton, Ruby, Schuetze, Scott, Smith of Galveston, Smith of
Marion, Stockbridge, Sumner, Talbot, Thomas, Yarnell, Yaughan,

704 RSOGNSTKUOTION CONVENTIOX JOUKNAL.

Wali'ous, Whitmore, Williams, Wilson of Brazoria, Wilson of Mi-
lam, Wright, Yarborough — 61.

So the Convention refused to lay the section as amended upon the
table.

Mr. Butler moved to strike out the word '-other."

Lost.

Mr. Sumner moved to substitute the word "any" instead of
"other," in the first line of section five.

Lost.

Mr. Hamilton moved to strike out " other races of men," and in-
sert "persons."

Carried.

The question recurred upon the adoption of section five as
amended.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellin-
ger, Bledsoe, Bryant of Grayson, Bryant of Harris, Buflfington, But-
ler, Burnett, Carter, Constant, Curtis, Degener, Downing, Eayle,
Flanagan, W. Flanagan, Fleming, Foster, Goddin, Grigsby, Hamilton
of Travis, Ham, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Kendal, Kuechler, Leib, Lindsay, Lippard, Mackey,
McCormick, McWashington, Mills, Munroe, Newcomb, Oaks, Ped-
igo. Phillips of San Augustine, Phillips of Wharton, Ruby,
Schuetze, Scott, Smith of Galveston, Smith of Marion, Stockbridge,
Sumner, Talbot, Thomas, Varneil, Vaughan, Watrous, Whitmore,
V/illiams, Wilson of Brazoria, Wilson of Milam, Wright — 61.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Cole, Evans
of Titus, Gaston, Harris, Keigwin, Morse, Muckleroy — 10.

So section five was adopted.

Mr. Sumner asked to be excused from attendance upon the
House.

Leave granted.

On motion section six was stricken out.

Mr. Smith, of — , moved that all sections from section seven to
section twelve, inclusive, be stricken out.

Carried.

Mr. Evans, of McLennan, moved a reconsideration of the vote
adopting section sixteen of the substitute to section three, adopted
yesterday. .

Lost.

Mr. Schuetze ofiered the following amendment :

" And no law shall be passed which may forbid the sale of any
article of merchandize on any day of the week."

RECONSTRUCTION CONVENTION JOrRNAL. 705

'Mr. Home moved to laj the amendment upon the table.
Withdrawn.

On motion the Convention adjourned until i\Iouda_y morning, at
nine o'clock.

CAPITOL, AUSTIN, TEXAS,

August 10, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Frayer bj the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Kuechler presented a petition from citizens of Fredericksburg
asking the incorporation of that town as a city, and asked its refer-
ence to the Committee on State Affairs.

It Avas so referred.

Mr. Smith, of Galveston, moved a suspension of rules to allow
him to present a protest against the minority report of the Committee
on Lawlessness and Violence.

Lost.

Mr. Flanagan, from the Committee on Internal Improvements,
made the following reports :

Committee Room,
Austin. August 10, 1868.
Hon, E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Internal Improvements have had before
tliem a declaration to incorporate the Houston City Railroad Com-
pany, presented by Mr. Fayle, and after a careful investigation, I
am instructed to report back the same, and to recommend its
•adoption.

All of which is respectfully submitted,

J. W. FLANAGAN,
Chairman of the Committee on Liternal Improvements.

Committee Room,
Austin, Texas, August 10. 1868.
Hon. E. J. DAVIS,

President of Convention; •

Sir : Your committee have had before them a declaration for the
incorporation of a railway company in the city of Houston, presented
45

7061 KECOXSTRUCTION CONVEiNTION JOURNAI,.

hy Mr. Fayle, and after giving said declaration due consideration^
the committee have instructed me to report the same back, and to-
recommend its passage.

All of which is respectfully submitted,

J. V\^. FLANAGAN,
Chairman of the Committee on Internal Improvements.

Mr. Johnson, of Calhoun, asked leave of absence for Mr. VarnelL

Leave granted.

Mr. Phillips, of W^harton, offered the following resolution :

Resolved, That the follo^ving be inserted in the Constitution as
one of the general provisions :

The Legislature, at its first session after the adoption of this
Constitution, shall provide by law some adequate means by which
the holders of matured obligations for the payment of money,
exempted by the proper authorities of any county, city, or incor-
porated town, m tins State, may be enabled to enforce the payment
of such obligations.

Provided.^ That no debt created for the purpose of aiding the
late rebellion shall ever be paid.

On motion, the resolution was referred to the Committee on
General Provisions.

Mr. Armstrong, of Lamar, moved a suspension of the rules to
take up the report of Committee on Finance upon the resolution of
Mr. iScott, in reference to the police courts of Lamar county.

Motion withdrawn.

The President announced the business in order was the report of
the Committee on Ueneral Provisions, and upon the amendment
offored by Mr. Schuetze to the thirteenth section.

Mr. Bryant, cf Grayson, moved to lay the amendment upon the
table.

Upon which the yeas and nays were called, and resulted
thus :

Yeas — Messrs. Bledsoe, Boyd, Bryant of Grayson, Bryant of
Harris, Buffington, Burnett, Constant, Curtis, Downing, Fayle,
Flanagan, Foster, Gaston, Grigsby, Harn, Jordan, Kealy, Keigwin,
Kendal, Leib, McCormick, McWashington, Muckleroy, , Phillips of
San Augustine, Phillips of Wharton, Rogers, Schuetze, Scott, Smith
of GalvestofJ, Smith of Marion, Sumner, Talbot, Thomas, Watrous,
Whitmore, Williams, Wilson of Brazoria, Wright, Yarborough — 39.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Carter, Cole, Degener, Evans of McLennaiiy

RECONSTRUCTION CONVENTION JOURNAL. 707

Evans of Titus, W. Flanagan, Glenn, ITarris, Hunt, Jolinson of
Harrison, Johnson of Calhoun, Lippard, Mackcy, Morse, M undine,
Newconil), Pedii^o, Posey, Kuhy, ^lau<^hter, Stockbridge, Vaughan,
Wilson of Milam— 28.

So the amendment was laid upon the table.

Mr. Schuetze moved a reconsideration of the vote laying the
amendment upon the table.

Mr. Sumner moved to lay the motion upon the table.

Mt. Sehuetze moved a call of the House.

C'lll sustained.

Mr. Fleming asked to be excused from attendance upon the
House.

Leave granted.

Mr Smith, of INIarion, asked leave of absence for Mr. Long.

Leave not granted.

IVVr. Degener moved that the call of the House be suspended.

Carried.

Upon the motion to lay the motion to reconsider upon the table,
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Bledsoe, Board, Boyd, Biyant of Grayson, Bry.
ant of Harris, Buffington, Bellinger, Burnett, Constant, Curtis,
Evans of Titus, Fayle, Flanagan, 1^ oster, Gaston, Grigsby, Harn,
Keigwin, Kealy, Kendal, Leib, McCormick, Mills, Muckleroy.
Phillips, of San Augustine, Phillips of Wharton, Rogers, Scott,
Smith of Galveston, Sumner, Talbot, Thomas. Watrous, AVhit-
more, Williams, Wilson of Brazoria, Wright, Yarborough — 37.

Nays — ilessrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Caldwell, Carter, Cole, Degener, Downing,
Evans of McLennan, W. Flanagan, Glenn, Goddin, Hamilton of
Travis, Harris, Home, Hunt, Johnson of Harrison, Johnson of
Calhoun, Jordan, Keuchler, Lindsay, Lippard, Long, Mackey,
Mc Washington, jMorse, Mundine, Munroe, Newcomb, Oaks, Pe-
digo, Posey. Ruby, Schuetze, Slaughter, Stockbridge. Vaughan,
Wilson of Milam— 40.

So the Convention refused to lay the motion to reconsider upon
the table.

The question recurred upon the motion to reconsider the vote
laying the amendment of ^h■. Schuetze to section 13 upon the table.

My. Schuetze moved a call of the House.

Call sustained.

Absentees — Pedigo and Scott.

Mr. Pedigo moved a suspension of the call.

Upon the motion to reconsider, the yeas and nays were demanded
and resulted thus :

708 RECONSTRUCTION CONVENTION JOURNAL.

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Board, Butler, Caldwell, Carter, Degener, Downing, Evans of
McLennan, Evans of Titus, W. Flanagan, Fleming, Glenn, Goddin,
Hamilton of Travis, Home, Hunt, Johnson of Harrison, Johnson,
of Calhoun, Jordan, Kuechler, Lippard, Long, Mackey, Morse,
Mundine, Newcomb, Oaks, Posej, Ruby, Schuetze, Slaughter,
Stockbridge, Vaughan, Wilson of Milam- -37.

Nays — Messrs. Armstrong of Lamar, Bledsoe, Boyd. Bryant of
Grayson, Bryant of Harris, Buffington, Burnett, Cole, Constant,
Curtis, Faj^e, Flanagan, Foster, Gaston, Grigsby, Harris, Harn,
Kealy, Keigwin, Kendal, Leib, Lindsay, McCormick, McWashing-
ton, Mills, Muckleroy, Munroe, Phillips of San Augustine, Phillips
of Wharton, Rogers, Smith of Galveston, Sumner, Talbot, Thomas,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wright, Yar-
borougli — 40.

So the Convention refused to reconsider.

Mr. Schuetze offered the following amendment to section 13 :

After the word "choose" insert "or the right to purchase refresh-
ments or medicine ;" and after the word "nor" insert "such pur-
chases (or sales.)"

Mr. Flanagan moved to lay the section and amendment upon the
table.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bledsoe, Board, Boyd,
Bryant of Grayson, Bryant of Harris, BuflSngton, Burnett, Cald-
well, Cole, Constant, Curtis, Fayle, Flanagan, Foster, Gaston,
Grigsby, Harris, Harn, Johnson of Harrison, Kealy, Keigwin,
Kendal, Leib, McCormick, McWashington, Morse, Muckleroy,
Phillips of San Augustine, Rogers, Scott, Smith of Marion, Sum-
ner, Thomas, Watrous, Williams, Wilson of Brazoria, Wright, Yar-
borough — 39.

Nays — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Butler, Carter, Degener, Downing, Evans of McLennan, Evans of
Titus, W. Flanagan, Fleming, Glenn, Goddin, Hamilton of Travis,
Home, Hunt, Johnson of Calhoun, Jordan, Kuechler, Lindsay,
Lippard, Long, Mackey, Mills, Mundine, Munroe^ Neyvcomb, Oaks,
Phillips of Wharton, Posey, Ruby, Schuetze, Slaughter, Smith of
Galveston, Stockbridge, Talbot, Vaughan, Whitmore, Wilson of Mi-
lam— 40.

So the Convention refused to lay the section and amendment on
the table.

Mr. Schuetze moved the adoption of the amendment.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs, President, Armstrong of Jasper, Armstrong

RECONSTRUCTION CONVENTION JOURNAL. 709

of Lamar, Bell, Bellinger, Bledsoe, Boaid, Butler, Carter, Decrencr,
Downing, Evans of McLennan, Evans of Titus, W. Flanagan,
Fleming. Glenn, Goddin, ILunilton of Travis, Hunt, Johnson of
Calhoun, Kuechler, Lindsay, Lippard, Long, INLjckey, Morse, I\Iun-
dine, Munroe, Newcomb, Oaks, Pedigo, Phillips of Wliarton, Posey,
Ruby, Schuetze, Slaughter, Smitli of Galveston, Stockbridge,
Talbot, Vaughan, Wilson of INIilani — 41.

Nays — Messrs. Boyd. Bryant of Grayson, Bryant of ILirris,
Buffington, Burnett, Cole, Constant, Curtis,, Fayle, Flanagan,
Foster, Gaston, Grigsby, Harris, Home, Harn, Jordan, Kealy,
Kcigwin, Kendal, Leib, McCormick, McWashington, Muckleroy,
Phillips of San Augustine, Rogers, Scott, Sumner, Thomas,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wright, Yarbor-
ough — 35.

So the amendment was adopted.

Mr. Hamilton, of Travis, offered the following substitute :

The right of the citizens of this State to meet for recreation,
social intercourse, or amusements, on any day of the week, shall not
be prohibited; provided, however, that such right be allowed under
such regulations as may he prescribed by law, looking to the security
of the rights of persons, the public peace, and the inviolability of
religious worship.

Mr. Degener moved a suspension of the rules to offer a resolu-
tion.

Upon which the yeas and nays were demanded.

Pending the vote the House adjourned until 4 o'clock this after-
noon.

AFTERNOON SESSION — 4 O' CLOCK.

Roll called ; quorum present.

Mr. Bryant, of Harris, called up the substitute offered to the re-
port of the Committee on Internal Lnprovements, respecting the
International Pacific Railroad Company.

Mr. Buffington moved a call of the House.

Call sustained.

Mr. Lieb asked leave of absence for ]Mr. Keuchler.

Leave granted.

Mr. Sumner moved that the use of the House of Representatives
be tendered to the German citizens this evening.

Carried.

My. Wright moved that the call of the House be suspended.

CaiTied.

710 EECONSTRUCTION CONVENTION JOURNAL.

Mr. Smith, of Galveston, moved the indefinite postponement of
the report.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bledsoe, Bryant
of Grayson, Constant, Downing, Glenn, Grigs^y, Hunt, Kendal,
Lindsay, Lippard, Long, Mackey, Morse, Newcomb, Oaks, Ruby,
Schuetze, Smith of Galveston, Smith of Marion, Talbot, Thomas,
Whitmore, Williams, Yarborongh — 27.

Nays — Messrs. Armstrong of Lamar, Bell, Bellinger, Board,
Bryant of Harris, BuflSngton, Butler, Caldwell, Carter, Cole, Cur-
tis, Evans of Titus, Flanagan, W. Flanagan, Foster, Fleming, '
Gaston, Goddin, Hamilt)n of Travis, Harris, Harn, Home,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, JKeig-
win, McCormick, McWashington, Muckleroy, Munroe, Phillips of
San Augustine, Phillips, of Wharton, Rogers, Scott, Slaughter,
Stoakbridge, Sumner, Vaughan, Watrous, Wilson of Brazoria,
Wilson of Milam, Wright — 48.

So the Convention refused to postpone.

Mr. Hamilton, of Travis, moved the previous question upon the
passage of the substitute.

Previous question seconded.

Mr. Smith, of Galveston, moved a call of the House.

Call sustained.

Absentee — Posey.

Mr. Burnett asked leave of absence for Mr. Pedigo on account
of sickness.

Leave granted.

Mr. Evans, of McLennan, offered the following resolution :

Resolved^ That this Convention take a recess and re-assemble on
the second Monday in December, 18G8.

Mr. Hamilton, of Travis, moved to lay the resolution upon the
table.

Tlie chair ruled the resolution out of order.

Mr. Evans appealed from the decision of the chair.

Mr. Smith, of Galveston, moved that the Convention adjourn un-
til the second Monday in December.

Cpon which the yeas and nays were demanded and resulted
thus :

Yeas— Messrs. Armstrong of Jasper, Bled-5oe, Boyd, Degener,
Evans of McLennan, Fayle, Gaston, Glenn, Lippard, Long, Morse,

RECONSTRUCTION CONVENTION JOURNAL. 711

Ncwcomb, Oaks, Scott, Smith of Galveston, Whitmore, Yarborough
—17.

Najs — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Board, Bryant of Grayson, Bryant of Harris, Buflington, Butler,
Burnett, Caldwell, Carter, Cole, Constant, Curtis, Downing, Evans of
Titus, Flanagan, W. Flanagan, Fleming, Foster, Goddin, Grigsby,
Hamilton of Travis, Harris, ilarne, Home. Hunt, Johnson of Harri-
son, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib, Lind-
say, Mackey, McCormick, Mc Washington, 5L11s, Muckleroy, Mun-
dine, Munroe, Phillips of San Augustine, Phillips of Wharton,
Rogers. Ruby, Shuetze, Slaughter, Smith of Marion, Stockbridge,
Sumner, Talbot, Thomas, Vaughan, Watrous, AVilliams, Wilson of
Brazoria, Wilson of Milam, Wright — 60.

So the Convention refused to adjourn.

Mr. Smith, of Galveston, moved that the Convention adjourn un-
til the first Monday in December.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bledsoe, Boyd, Degener,
Evans of McLennan, Gaston, Lippard, Long, Morse, Newcomb,
Oaks, Scott, Smith of Galveston, \\'atrous, Whitmore, Yarborough
—16.

Nays — Messrs. President, Armstrong of Lamar, Bellinger, Bell,
Board, Brj-ant of Grayson, Bryant of Harris, BulQSngton, Butler,
Burnett, Carter, Caldwell, Cole, Constant, Curtis, Downing, Evans
of Titus, Fayle, Flanagan, Flanagan W., Fleming, Foster, Goddin,
Grigsby, Hamilton of Travis, Harris, Harn, Home, Hunt. Jordan,
Johnson of Calhoun, Johnson of Hnrrison, Keigwin, Kendal. Kealy,
Leib, Lindsay, Mackey, McCormick, McAVashington. Mills, Munroe,
Muckleroy, Mundine, Phillips of San Augustine, Phillips of Whar-
ton, Posey, Rogers, Ruby, Schuetze, Slaughter, Smith of ]\Lirion,
Stockbridge, Sumner, Talbot, Thomas, Vaughan, Wilson of Milam,
Wilson of Brazorin, Wright, Yarborough — 60.

So the Convention refused to adjourn.

Mr. Hamilton, of Travis, offered the following resolution :

Resolved, That for two weeks from this dnte no resolution to ad-
journ, or to take a recess for a longer period than one day, will be
entertained by this Convention.

Mr. Hamilton, of Travis, moved suspension of the rules, to put
resolution upon its final passage.

Mr. Degener moved a call of the House.

Call sustained.

Mr. Hamilton asked leave to withdraw the resolution.

712 RECONSTRUCTION CONVENTION JOURNAL.

Upon granting leave the yeas and najs were demanded and re-
sulted thus :

Zeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bojd, Brjant of Grayson, Bryant of Harris, Buf-
fington, Butler, Burnett, Caldwell, Carter, Cole, Constant, ' Cur-
tis, Downing, Evansof Titus, Fayle, Flanagan, W. Flanagan, Flem-
ing, Foster, Glenn, Goddin, Grigsby, Harris, Harn, Home, Hunt,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin,
Kendal, Leib, Lindsay, Maclcey, McCormick, McWashington, Mills,
Muckleroy, Mundine, Phillips of San Augustine, Phillips of Whar-
ton, Rogers, Ruby, Schuetze, Slaughter, Smith of Marion, Stock-
bridge, Sumner, Talbot, Thomas, Vaughan, Watrous, Whitmore,
Williams, Wilson of Brazoria, Wilson of Milam, Wright, Yarbor-
ough — 62.

Nays — Messrs. Bellinger, Bledsoe, Board, Degener, Evans of
IMcLennan, Gaston, Lippard, Long, Morse, Munroe, Newcomb,
Oaks, Posey, Scott, Smith of Galveston — 15.

So leave was granted.

The question recurring, "shall the main question be now put?"

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger, Bledsoe,
Board, Boyd, Bryant of Grayson, Bryant of Harris, Buffi ngt on,
Butler, Burnett, Caldwell, Carter, Cole, Constant, Curtis, Downing,
Evans of McLennan, Evans of Titus, Fayle, Flanagan, "W. Flanagan,
Fleming, Foster, Gaston, Goddin, Grigsby, Hamilton of Travis,
Hands, Harn, Home, Johnson of Harrison, Johnson of Calhoun^
Joidan, Kealy, Keigwin, Kendal, Leib, Mackey, McCormick,
McWashington, JSlills, Muckleroy, Mundine, Munroe, Phillips of
San Augustine, Phillips of Wharton, Posey, Rogers, Schuetze,.
Slaughter, Smith of Galveston, Stockbridge, Sumner, Vaughan,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson of
Milam, Wright, Yarborough — 62.

Nays — Messrs. President, Armstrong of Jasper, Degener, Glenn,.
Hunt, Lippard, Long, Morse, Newcomb, Oaks, Ruby, Scott, Smith
of Marion, Talbot, Thomas — 15.

So the main question was ordered.

The question recurred upon the passage of the declaration.

Upon which the yeas and nays were demanded and resulted thus :

\"eas — Messrs. Armstrong of Lamar, Bell, Bellinger, Board,
Boyd, Bryant of Grayson, Bryant of Harris, Buffington, Butler,
Caldwell, Carter, Cole, Constant, Curtis, Evans of Titus, Flanagan,
W. Flanagan, Fleming, Foster, Gaston, Goddin, Grigsby, Hamilton
of Travis, Harris, Ham, Home, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib, Mackey, McCor-

KECONSTRUCTION CONVENTION JOURNAL. 713

mick, McWashin^toii, jMucklcroy, Mundiiic, Munroc, Pliillips of
San Augustiiic, Phillips of Wharton, Kogers, Scott, Slaughter,
Stockbridge, Sumner. Tallfot, Vaughan, Watrous, Williams, Wilson
of Brazoria, Wilson of Milam, Wrigiit — 53.

Nays — Messr.s. President, Armstrong of Jaspei-, Bledsoe, Burnett,
Degener, Downing, Evans of McLennan, Faj^le, Glenn, Hunt,
Lindsay, Lii)pard, Long, Mills, jNIorse, Newcomb, Oaks, Posey,
Ruby, Schuetze, Smith of Galveston, Smith of Marion, Thomas,
W'hitmorc, Yarborough — 25.

So the declaration was adopted on final passage.

My. Hamilton, of Travis, moved to reconsider the vote upon the
passage of the substitute, and move to lay the motion to reconsider
upon the table.

Upon which the yetis and nays -vvei-e demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger, Board,
Bryant of Grayson, Bryant of Harris, Buffington, Caldwell, Carter,
Cole, Curtis, Degener, Downing, Evans of McLennan, Evans of
Titus, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston,
Goddin, Grigsby, Hamilton of Travis, Hariis, Harn, Home, Hunt,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin,
Kendal, Leib, Lippard, Mackey, McCormick, Mc\rashington,
Mills, Muckleroy, Mundine, Munroe, Phillips of San Augustine,
Phillips of Wharton, Rogers, Ruby, Scott, Slaughter, Stockbiidge,
Sumner, Talbot, Vaughan, W^atrous, W'illiams, Wilson of Brazoria,
Wilson of i\Llam, Wright — 58.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Burnett, Gaston, Lindsay, Long, Morse, Newcomb, Oaks, Posey,
Schuetze, Smith of Gals'eston, Smith of Marion, Thomas, Whit-
more, Y'arborough — 18.

So the motion prevailed.

Mr. Buffington called up the declaration to incorporate the Hous-
ton City Railroad Company.

Mr. Degener moved the previous question upon the passage of
the declaration.

Previous question seconded.

The question recurred, "shall the main question be now jiut ?"

The main question was ordered.

The question recurred uj)on the passage of the declaration.

L^^pon which the yeas and nays ^Yere demanded and nv-^^ulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Board, Bryant of Har-
ris. Buffington, Caldwell, Carter, Constant, Curtis, Evans of Titus,
Fayle, Flanagan, W^. Flanagan, Foster, Gaston. Goddin, Grigsby,
Hamilton of Travis, Harris, Harn, Hoine, Johnson ol Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal. Leib, McWashington,

714 RECONSTRUCTION CONVENTION JOURNAL.

Muckleroj, Mundine, Munroe, Phillips of San Augustine, Phillips
of Wharton, Rogei'S, Ruby, Schuetze, Stockbriclge, Talbot, Watrous,
Wilson of Brazoria, Wilson of Milam, Wright — 42.

Nays — Messrs. President, Armstrong of Jasper, Bellinger, Bled-
soe, Boyd, Butler, Burnett, Degener, Downing, Evans of McLennan,
Keigwin, Lindsay, Mackey, Morse, Newcomli, Oaks, Posey, Scott,
Sumner, Thomas, Whitmore, Williams — 22.

Mr. Fayle moved a suspension of the rules to put declaration
upon its third reading.

Rules suspended.

Declaration read third time and passed.

Mr. McCormick asked leave of absence for Mr. Bryant, of
Grayson.

Leave granted.

Mr. McCormick was granted leave of absence.

Mr. Butler called up the report of Committee on General Pro-
visions.

The question being upon the substitute offered by Mr. Llamilton,
of Travis, to section 13.

Mr. Schuetze moved to adiourn until to-m.orrow morning at 9
o'clock.

Withdrawn.

Leave given to Mr. -Butler to withdraw his motion calling up the
report of the Committee on General Provisions.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL, AUSTIN. TEXAS,
August 11, 1868.
Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. , Jour-
nal of yesterday read and adopted.

Mr. Whitmore, Chairman of the Committee on General Provis-
ions, made the following report :

Hon. E. J. DAVIS,

President of the Convention :

Committee Room,
August 9, 1868.

Sir : The Committee on General Provisions, to whom was refer-
red a declaration by Mr. Watrous, of Washington, have had the

RECONSTRUCTION CONVENTION JOURNAL. 715

same under adviseinent, and instruct me to report back the same
with a recommendation that it do not pass, as the substance therein
contained has been fully reported and covered in a previous report
of said committee.

G. W. WIIITMORE,

To the Hon. E. J. DAVIS,

President of the Convention

Committee Room,
August 10, 1868.

Sir : The Committee on General Provisions have had under con-
sideration the following declarations, and after mature deliberation,
instruct me to report them to the Convention as additional sections
to the Constitution, under the head of General Provisions.

G. W. VvHITMORE,

Chairman.

Section — . That the Legislature be instructed to pass laws pro-
tectino; from forced sales the increase of live stock belonging to the
wife's separate property, as well as rents, interest, and mcreased
value of real estate.

Section — . Whenever it shall be made known to the Governor
of the State of Texas, that trom unlawful combinations, sparcitj of
jurors, or other causes, that the criminal laws of the State of
Texas cannot be faithfully executed, and criminals punished, in any
county in the State, he shall have the power, by proclamation, to
order that the courts in the nearest county, free from like objections,
shall take jurisdiction, and try all criminals for ci'imes that have
been connnitted before said proclamation, in said rescuant county,
and he may keep said prot-lamation in force until he is satisfied that
crimes and criminals can be punished in said county.

Se' tion — . That any debtor whose property may be sold by virtue
of a writ of execution, to satisfy the payment of debt, shall be en-
titled to redeem the same, at any time prior to the first day of Janu-
ar}'-, 1874, by refunding to the purchaser or purchasers, the amount
of money paid for the property thus sold, and for costs of said sale,
together with interest thereon, at the rate of ten per cent, per annum,
and by paying for all improvements put upon said property, the
value of which shall be ascertained liy two disinterested appraisers ;
provided, however, that no debtor shall redeem real estate thus sold,
if it should bring two-thirds of its assessed value in 1860.

Mr. McCormick moved that Mr. Harn and Mr. Kealey be per-

716 RECONSTRUCTION CONVENTION JOURNAL.

mitted to print remarks upon the International Railroad Com-
pany.

Leave granted.

Mr. Johnson, of Harrison, introduced the following resolution :

Resolved, That the Secretary be authorized to give James B.

Cassidy a certificate for dollars, for writing done for the

clerks of the Convention.

On motion the resolution was referred to the Committe on Fi-
nance.

Mr. Lindsay offered the following resolution :

Resolved^ That the following sections be made part of the Con-
stitution :

1. Section — . The grant of four leagues of land heretofore
made to the several counties of the State, for common school pur-
poses, is hereby revoked, except as to such portions thereof as have
already been alienated by any of said counties. But this revocation
shall not affect nor disturb tbe right of any lessee of said land,
"whose rights have been acquired under the provisions of the common
school law heretofore in force.

2. Section — . The common school lands donated to the several
counties shall hereafter be regarded as a part of the public domain,
subject to entry and appropriation, as the other public lands of the
State.

3. Section — . That every citizen of the United States who will
settle, occupy, cultivate and improve any portion of the public do-
main of Texas, now vacant and unappiopriated, shall be entitled to
receive a grant for the same in fee simple, as follows : each head of
family shall be entitled to a grant of one hundred and sixty acres,
and each single adult person shall be entitled to eighty acres ; pro-
vided, that each head of a family and each single adult person shall
make an actual settlement theieon, and cultivate and improve the
same; and provided further, that every such locator and settler shall
defray the expenses of the survey, to be made by some authorized
surveyor, and of the recording of the plat and certificate of sur-
vey, and of the issuance of the grant by the Commissioner of the
General Land Office.

Mr. Lindsay moved a suspension of the rules to refer declaration
to a special committee.
Lost.
The President presented the following communication :

RECONSTRUCTION CONVENTION JOURNAL. 717

Austin. Tkxas.
Auo-ust 11, 1868.

Hon. E. J. DAYIS,

President of the Convention

Sir : At a meeting of Post No. 1, " Grand Army of the Repub-
lic,' Department of Te.xas, held on the tenth instant, the accom-
panying resolution was ado])led and oi'dered to be forwarded for the
consideration of the Convention.

H. C. HUNT,

Post Adjutant.

Resolved, That the Constitutional Convention now in session be
requested to cause to be collected and published in a well bound
volume, the roster of all soldiers, sailors or marines who entered the
United States service from the State of Texas, during the war, for
the suppression of the rebellion.

It was referred to the Committee on State ASaii'S.

The President announced that the business in order was the report
of the Committee on Genei'al Provisions,* and upon the substitute
offered by Mr. Hamilton of Travis to section thirteen.

Mr. Smith, of Galveston, moved the previous question upon the
adoption of section thirteen as amended.

Previous question seconded.

Mr. Schuetze moved a call of the House.

Call sustained.

Mr. Lindsay asked that Mr. Home be excused.

Leave granted.

Mr. Smith, of Galveston, moved a suspension of the call.

Carried.

The question recurred, " shall tlie main question be now put ?"'

Upon which the yeas and nays were demanded and resulted
thus:

Yeas — ■Messrs. President, Armstrong of Jasper, Armstrong of
Lam.ar. Bell, Bellinger, Bledsoe. Board, Butler, Caldwell. Carter,
Constant, Degener, Downing, Evans of McLennan. Evans of Titus,
Fleming, Glenn, Goddin, Hamilton of Travis. Home, Hunt, -John-
son of Calhoun, Jordan, Kendal, Keucbler. Kirk. Lindsay, Lippard,
Long, Mackey, INIills, Muckleroy, !Mundine, ]\Iunroe, Newcomb,
Oaks, Pedigo, Phillips of Wharton, Posey, Kuby, Schuetze, Slaugh-

* For report, see page 236.

718 RECONSTRUCTION CONVENTION JOURNAL-

ter, Smith of Galveston, Stockbridge, Talbot, Vaughan, Whitmore,
Wilson of Milam, Wright— 49.

Najs — Messrs. Boyd, Bryant of Grayson, Bryant of Harris,
Buffington, Burnett, Cole, Curtis, Fayle, Flanagan, W. Flanagan,
Foster. Gaston, Gi'igsby, Harris, Harn, Kealy, Keigwin, Leib,
McCorraick, McYfasliington, Morse, Phillips of San Augustine,
Rogers, Scott, Sumner, Thomas, Walrous, Wilson of Brazoria, Yar-
borough — 29.

So the main question was ordered.

The question recurred upon the passage of section thirteen as
amended.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong, of Jasper, Bell, Bellinger,
Bledsoe, Butler, Carter, Degener, Downing, Evans of McLennan,
Evans of Titus, Fleming, Glenn, Goddin, Hunt, Johnson of Calhoun,
Kendal, Kuechler, Kirk, Lindsay, Lippard, Long, Mackey, j\lun-
dine, Newcomb, Oaks, Pedigo, Posey, Ruby, Schuetze, Slaughter,
Smith of Galveston, Talhot, Vaughan, Wilson of Milam — 35.

Nays — Messrs. Armstrong, of Lamar, Board, Boyd, Bryant of
Grayson, Bryant of Harris, Buffington, Burnett, Caldwell, Cole,
Constant, Curtis, Fayle, Flanagan, W. Flanagan, Foster, Gaston,
Grigsby, Hamilton of Travis, Harris, Harn, Jordan, Kealy, Keigwin,
Leib, McCormick, Mc Washington, Mills, Morse, Muckleroy, Munroe,
Phillips of San Augustine, Phillips of Wharton, Rogers, Scott,
Stockbridge, Sumner, Thomas, Watrous, Wilson of Brazoria, Wright,
Yarborough — 41 .

So the Convention refused to adopt the section.

Mr. Flanagan moved to reconsider the vote, and that the motion
to reconsider be laid upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Board, Boyd, Bryant of Grayson, Bryant of
Harris. Buffington, Burnett, Cole, Constant, Curtis, Downing,
Fayle, Flanagan, W. Flanagan, Foster, Gaston, Grigsby, Harn,
Kealy, Keigwin. Leib, McCormick, Mc Washington, Mills, jMorse,
Muckleroy. Munroe, Phillips of San Augustine, Rogers, Scott,
Smith of Marion, Sumner, Thomas, Watrous, W^hitmore, Wilson of
Brazoria, Wright, Yarborough — 37.

JSays — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Bledsoe, Butler, Caldwell. Carter, Degener, Evans of McLennan,
Evans of Titus, Fleming, Glenn, Goddin, Hamilton of Travis, Harris,
Hunt, Johnson of Calhoun, Jordan, Kendal, Kuechler, Kirk, Lind-
say, Lippard, Long, Mackey, Mundine, Newcomb, Oaks, Pi'digo,
Phillips of Wharton, Posey, Ruby, Schuetze, Slaughter, Smith of

RECONSTRUCTION CONVENTION JOURNAL, 719

Galveston, Stockbridge, Tiill)ot, Vaughan, Wilson of Milam— 40.

iSo the motion to lay the motion to reconsider upon the table was
lost.

Mr. Flanagan asked leave to withdraw his motion to reconsider.

Leave not granted.

[Mr. Evans of McLennan in the chair.]

Under the rules, the Convention adjourned until this afternoon,
at four o'clock.

AFTERNOON SESSION — FOUR O' CLOCK,

Roll called. Quorum present.

Mr. Butler called up the unfinished business of this morning.

Mr. Smith of Galveston moved a call of the House.

'Carried.

Messi-s. Mundine, Home, and Caldwell were excused on account
of sickness.

Mr. Talbot moved that when the Convention adjourns this
evening, it adjourns until Thursday morning at nine o'clock, and
that the use of the Hall be given to the Nominating Convention.

On motion, the call of the House was suspended.

The question recurred upon the motion to reconsider the vote
rejecting section thirteen, the yeas and nays were demanded and
resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Bledsoe, Butler, Carter, Degener, Downing, Evans of McLennan,
Evans of Titus, Fleming, Glenn, Goddin.Hunt. Johnson of Harrison,
Johnson of Calhoun, Kendal, Kuechler, Kirk. Lindsay, Lippard,
Mackey, Newcomb. Oaks, Patten, Posey, Rui)y, Smith of Galveston,
Varnell, Wilson of Milam — 31.

Nays— Messrs. Armstrong, of Lamar, Board, Boyd. Bryant of
Grayson, Bryant of Harris, BufBngton, Burnett, Cole, Constant,
Curtis, Fayle, Flanagan, W. Flanagan, Foster, Gaston, Grigsby,
Hamilton of Travis, Harris, Home, .Jordan, Kealy. Keigwin, Leib,
McCormick, McWashington, Mills, Morse. Muckk-roy, Philli{)s of
San Augustine, Phillips of Wharton, Rogers, Sci.tt, Slaughter,
Smith of 2^iarion, Stockbridge, Sumner, Tall)Ot, Thomas, Watrous,
• Whitmore, Williams, Wilson of Brazoria, Wright, Yarborough — 44.

So the Convention refused to reconsider.

720 RECON-STRUCTION CONVENTION JOURNAL.

Mr. Evans of McLennan offered the following as a separate section
of the Bill of Rights:

Section — . All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, being citizens of the
United States, are, if residing in Texas, declared to be citizens of
the State of Texas ; and no law, rule ^r regulation shall ever be
made or enforced, in this State, which shall abridge the privileges or
immunities of citizens of the United States ; and all citizens of this
State, in civil and political rights, shall stand equal before the laws
of tliis State, and be subject to the sam.e duties, burdens, pains and
penalties.

Mr. Hamilton of Travis offered the following amendment :

" Except on account of the qualifications as prescribed in this
Constitution for public offices."

The question recurring upon the adoption of the amendment, it
was not agreed to.

Mr. Brjant of Grayson moved to laj the proposed amendment on
the table. .

Upon which the jeas and nays were demanded, and resulted
thus :

Yeas— Messrs. Armstrong of Jasper, Armstrong of Lamar, Bel-
linger, Board, Boyd, Bryant of Grayson, Buffington, Burnett, Cole,
Constant, Evans of Titus, Eayle, Flanagan, W. Flanagan, Fleming,
Foster, Gaston, Glenn, Grigsby, Hamilton of Travis, Harris, Harn,
Home, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kirk, Leib,
Lindsay, Mackey, McCormick, McWashington, Morse, Muckleroy,
Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Scott, Smith of Galveston, Stockbridge, Thomas,
Varnell, Vaughan, Watrous, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 52.

Nays — Messrs. President, Bell, Bledsoe, Bryant of Harris, But-
ler, Carter, Curtis, Degener, Downing, Evans of McLennan, God-
din, Hunt, Johnson of Harrison, Kendal, Kuechler, Lippard, Mills,
Newcomb, Oaks, Patten, Rul^y, Schuetze, Slaughter, Smith of
Marion, Sumner, Talbot, Whitmore, Williams — 28.

So the proposed section was laid upon the table.

On motion, section fourteen was adopted.

Section one of the general provisions was adopted.

Mr. Sumner moved to strike out, in section two, line two, '' other
high crimes."

Motion not agreed to.

Section two, on motion, was adopted.

RECONSTRUCTION CONVENTION JOURNAL. 721

Mr. Armstrong of Jasper moved to strike out seotion three.

Upon the motion to strike out, the yeas and nays were demanded
and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bellinger, Boyd, Cole, Dege-
ner, Evans of Titus, W. Flanagan, Gaston, Glenn, Goddin, Ilarn,
Johnson of Calhoun, Kealy, Kucchler, McCormick, Mills, Muckle-
roy, Munroe, J*^ewcomb, Oaks, Pcdigo, Schuetze, Slaughter, Smith
of Galveston, Stockbridge, Varnell, Vaughan, Wilson of Brazo-
ria—28.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Board, Bryant of Grayson, Bryant of Hanis, Buffington, Butler,
Burnett, Carter, Constant, Curtis, Downing, Evans of McLennan,
Fayle, Flanagan, Fleming, Foster, Grigsby, Hamilton of Travis, Har-
ris, Home, Hunt, Johnson of Harrison, Jordan, Keigwin, Kendal,
Kirk, Leib, Lindsay, Lippard, Long, Mackey, McWashington,
Morse, Patten, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Ruby, Scott, Smith of Marion, Sumner, Talbot,
Thomas, Watrous, Whitmore, Williams, Wilson of Milam, Wright,
Yarborough' — 53.

So the Convention refused to strike out.

Mr. Evans of McLennan offered the following amendment :

Amend by striking out the words "or commit an assault with
deadly weapons,"' in line two.

Mr. McCormick offered the first section of general provisions of
the constitution of 1845 as a substitute for original section and
amendment.

Mr. Smith of Galveston moved to lay the substitute upon the
table.

Lost.

The question recurred upon the adoption of the substitute.

The Convention refused to adopt the substitute.

Mr. Flanagan moved the previous question upon the adoption of
the section.

Previous question seconded.

The question recurred, " Shall the main question be now put?"'

The main question was ordered.

The question recurring upon the adoption of section three, it was
adopted.

My. Armstrong of Jasper offered the following amendment to
section four :

In section four, first line, strike out the words, ''by ballot," and
insert the words "given inva voce.''

Mr. Bryant of Grayson moved to lay the amendment upon tb€
table.

722 RECONSTRUCTION CONVENTION JOURNAL,

Carried.

Mr. McCormick offered the following amendment :

After the word "ballot '' in first line, insert "and no number or
other mark of any kind shall be put upon the ballot of anj voter,
by anj officer of election or bj any other person, after said ballot is
handed to the officer of election by the voter."

Mr. Burnett moved to hij the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Board, Boyd,
Bryant of Grayson, Butler, Burnett, Evans of McLennan, Evans
of Titus, Flanagan, "W. Flanagan, Glenn, Hamilton of Travis,
Keigwin, Morse, Muckleroy, Oaks, Ruby, Schuetze, Smith of Gal-
veston, Smith of Marion, Sumner, Talbot, Varnell, Wright — 25.

Nays -Messrs. Aimstrong of Lamar, Bell, Bledsoe, Bryant of
Harris, Buffington, Carter^ Cole, Curtis, Downing, Fayle, Flem-
ing, Foster, Gaston, Goddin, Grigsby, Harris, Harne, Home, Hunt,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal,
Kirk, Leib, Lindsay, Lippard, Long, Mackey, McCormick, Mc-
Washington, Mills, Newcomb, Phillips of San Augustine. Phillips
of Wharton, Eogers, Scott, Slaughter, Stockbridge, Thomas,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria, Wil-
son of Milam — 47.

So the Convention refused to lay the amendment upon the table.

Mr. Burnett moved the previous question.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

The main question was ordered.

The question recurred upon the adoption of section four.

It was adopted.

Mr. Evans of McLennan moved to reconsider the vote by which
section four was adopted.

Mr. Flanagan moved to lay the motion to reconsider upon the
table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Board, Boyd, Bryant of Grayson, Burnett, Cole,
Evans of Titus, Flanagan, W. Flanagan, Fleming, Gaston, Grigsby,
Hamilton of Travis, Harris, Harn, Horn, Kealy, Keigwin, Kirk,
Morse, Muckleroy, Pedigo, Rogers, Ruby, Scott, Smith of Galves-
ton, Sumner, Varnell, Wright — 28.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Buffington, Carter, Constant, Curtis. Bege-
ner. Downing, Evans of McLennan, Fayle, Foster, Goddin^ Hunt,

RECONSTRUCTION CONVENTION JOURNAL. 723

Jolinson of Harrison, Johnson of Calhoun, Jordan, Kendal, Leib,
Lindsay, Long, McCormick, Mills, Nowcomb, Oaks, Patten, Phil-
lips of San Augustine, Phillips of Wharton, Schuetze, Slaugliter,
Smith of Marion, Stockbridge, Talbot, Thomas, Watrous, WHiit-
more, Williams, Wilson of Brazoria, Wilson of Milam, ' Yarbor-
ough— 42.

So the Convention refused to lay the motion to reconsider upon
the table.

The question recurred, " Shall the vote adopting section 4 be
reconsidered.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong, of Jasper, Armstrong
of Lamar, Bell, Bledsoe, Board, Biyant of Harris, Buffingtou, Car-
ter, Constant, Curtis, Degener, Downing, Evans of McLennan,
Fayle, Foster, Goddin, Hunt, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kendal, Leib, Lindsay, Lippard, Long, McCor-
mick, Mills, Newcomb, Oaks, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Schuetze, Slaughter, Smith of Galveston,
Smith of Marion, Stockbridge, Sumner, Talbot, Thomas, Vaughan,
Williams, Wilson of Brazoria, Wilson of Milam — 45.

Nays — Messrs. Boyd, Bryant, of Grayson, Burnett, Cole, Evans
of Titus, Flanagan, W. Flanagan, Fleming, Gaston, Grigsby,
Hamilton of Travis, Harris, Harn, Home, Kealy, Keigwin, Kirk,
Morse, Muckleroy, Rogers, Scott, Varnell, Watrous, Whitmore,
Wrio;ht, Yarborough — 26.

So the Convention reconsidered the vote.

Mr. Smith, of Galveston, moved to lay the amendment upon the
table.

On motion, the Convention adjourned until Thursday morn-
ing at nine o'clock.

724 EECONSTRUCTION CONVENTION JOURNAL,

CAPITOL, AUSTIN, TEXAS,

August 13, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Buffington moved to susjJend the rules to take up the resolu-
tion authorizing the Sergeant-at-Arms to discharge three or more
pages of the Convention.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas— Messrs. Armstrong of Jasper, Armstrong of Lamar, Boyd,
Buffington, Cole, Constant, Evans of McLennan, Evans of Titus,
Fleming, Foster, Gaston, Glenn, Grigsby, Harn, Kealy, Keigwin,
Lindsay, McCormick, Morse, Muckleroy, Munroe, Pedigo, Smith
of Galveston, Thomas, Whitmore — 25.

Nays — Messrs. President, Bell, Bellinger, Bledsoe, Board,
Brown, Bryant of Grayson, Bryant of Harris, Butler, Burnett,
Caldwell, Carter, Curtis, Degener, Downing, Fayle, Flanagan,
Goddin, Harris, Hunt, Johnson of Harrison, Jordan, Kendal, Keuch-
ler, Kirk, Lippard, Long, McWashington, Mundine, Newcomb,
Oaks, Patten, Phillips, of San Augustine, Rogers, Ruby, Schuetze,
Scott, Stockbridge, Sumner, Talbot, Watrous, Vfilson of Brazoria,
Wilson of Milam, Wright, Yarborough — 45.

So the Convention refused to susj)end the rules.

Mr. Munroe moved that all petitions to be referred to the Com-
mittee on Counties and County Boundaries, be so referred without
reading.

Carried.

Mr. Board introduced the following resolution :

Whereas, The journals of this Convention should be recorded
in a neat and uniform hand, and

Whereas, The Secretary has employed the services of a man
fully competent to make a correct record, and who has progressed to
the 276th page of snid record ; and

Whereas, The Secretai-y, after acknowledging to this House,
" that he would pay to said employe the amount voted himself, to
have the work done," has now, without cause, discharged him ; there-
fore, be it

Resolved^ That the Secretary be, and he is hereby required to

RECONSTRUCTION CONVENTION JOURNAL. 725

continue the services of said employe, at least, until the adjournment
of this Convention.

Mr. Board moved a suspension of the rules to take up the resolu-
tion.
Lost.

Mr. Sumner moved to reject the resolution.
The Convention rejected the resolution.
Mr. Schuetze offered the followiug declaration :

Be it ordained hij tlie people of Texas in Convention assembled,

That an act of the so-called Legislature of the State of Texas,

known as an act to punish certain offences committed on Sunday,
approved December 16, 1863, and sections 1, 2, 3, 4, of an act of
the so-called eleventh Legislature of the State of Texas, passed
November 13, 1866, known as chapter 178 of an act amendatory
of an act to punish certain offences committed on Sunday, approved
December 16, 1863, be and are hereby declared null and void.

Be it further ordained^ That all prosecutions and judicial pro-
ceedings now pending in any court of this State, on the part of the
State of Texas for the violation of any of said acts, shall at once
be abandoned, and that this ordinance shall take effect from and after
its passage.

]Mr. Schuetze moved a suspension of the rules to take up de-
claration.

Ml . Evans, of McLennan, moved a call of the House.

Call sustiiiaed.

Mr. Smith, of Galveston, moved a suspension of the call.

Call suspended.

The question recurred upon the suspension of the rules, upon
which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Brown, Bryant of Harris, Caldwell, Carter. Constant, Degener,
Downing, Evans, of McLennan, Fleming, Goddin, Hamilton of
Travis, Home, Hunt, Johnson of Harrison, Johnson of Calhoun,
Keigwin, Kendal, Leib, Lindsay, Lippard, Long, Mackey, Mundine,
Munroe, Newcomb, Oaks, Patten, Pedigo, Posey. Ruin', Schuetze,
Smith of Galveston, Stockbridge, Sumner, Thomas, Yarnell,
Yaughan, Wilson of ]\Iilam, \Yright — i3.

Nays — Messrs. Armstrong of Lamar, Bledsoe, Board, Boyd,
Bryant of Grayson, Buffington, Burnett, Cole, Curtis, Evans of
Titus, Fayle, Flanagan, W. Flanagan, Foster, Gaston, Glenn,
Grigsby, Harris, Harn, Kealy, Kuechler, Kirk, McCormick,

726 KECONSTRUCTIOX CONVENTION JOURNAL.

McWashington, Morse, Muckleroy, Pliillips of San Augustine,
Phillips, of Wharton, Rogers, Scott, Slaughter, Talbot, Watrous,
Whitmore, Wilson of Brazoria, Yarborough — 36.

So the Convention refused to suspend the rules.

Mr. Burnett offered the following declaration :

A DECLARATION

Requesting Major General Reynolds to abolish the act of the
Eleventh Legislature of the State of Texas organizing the county
courts, and defining the powers and jurisdiction thereof

Whereas, The Eleventh Legislature of the State of Texas
passed an act entitled " an Act to organize the county courts, and
defining the powers and jurisdiction thereof," approved Octo]}er 25,
1866, wdiich said act has in its operations failed to accomplish any
practical good ; but on the contrary, has proved to be onerous and
oppressive to the people ; and, whereas, it is believed the welfare
and interests of the people of Texas would be subserved by the
repeal of said act ; and, whereas, it may be twelve months or more
befoi'e a lawful Legislature can be assembled, whereby said act can
be legally repealed by the authority of the people ; and, whereas,
said act, together with all other laws of the State of Texas, are, by
the Reconstruction Acts of Congress, declared prttvisional only, and
in all respects subject to the Military Commander of this military
district and the permanent authority of Congress, at any time to
abolish, modify, control or supersede the same ; therefore,

Be it declared by the delegates of the jwople of Texas in
Convention assembled, That Brevet Major General J. J. Reynolds,
Commander of the Fifth Military District, comprising the State of
Texas, be, and he is hereby most respectfully requested to abolish or
repeal said act of the Eleventh Legislature, and order that all
business now pending in said county courts be transferred to the
district courts of the respective counties, and that all records, books
and papers whatever pertaining to said county courts be placed in
the hands of the district clerks of the several counties ; and further,
to order all causes now pending in said county courts to be placed in
regular order on the dockets of the district courts of the respective
counties, to be disposed of by said district courts as in original
cases.

Be it further declared, That a copy of this declaration, signed by
the President, and countersigned by the Secretary, be forwarded to
Major General Reynolds, through his Excellency, E. M. Pease,
Provisional Governor of Texas.

RECONSTRUCTION CONVENTION JOURNAL. 72Y

Laid over under the rules.

Mr. ]\I undine offered the following declaration, and asked its
reference to the Committee on Counties and County Jjoundarics :

A DECLARATION

Defining and establishing the line between the counties of Burleson
and Brazos, and locating the county site of Burleson county.

Section 1. Be it declared by ihe people of lexas in Con-
veniion assembled, That Davidson's Creek be and is hereby made
and declared to be the line between the counties of Burleson and
Brazos, and that all that part of the county of Burleson lying cast
and north of said line be, and is hereby attached to tlie county of
Brazos.

Sec. 2. Be it furl her declared, That the town of Lexington te,
and is hereby established the county site of Burleson, untd other-
wise changed by the legal votes of said county, and that this
declaration take effect from and after its passage.

It was so referred.

Mr. Armstrong, of Jasper, introduced the following declaration,
and asked its reference to the Committee on State Affairs :

AN ORDINANCE

Appropriating the State tax of the county of Jefferson, collected for
the present year (1868) for the purpose of repairing the damage
done recently by lightning to the court house of said county.

Be it ordained by the people of Texas in Concention assem-
bled, That the State tax collected in the county of Jefferson, for the
present year, A. D. 1868, be, and the same is hereby appropriated
for the repairing of the courthouse of said county, recently much
injured by lightning, and that the county court of said county is
herel:)y authorized to control said moneys for the purposes aforesaid.

It was so refen-ed.

Mr. Carter introduced the follovring resolution ;

Resolved, That the yeas and nays be omitted in the reading of
the Journals, unless by the request of some member to have them
read.

728 B,ECONSTRIICTION CONTENTION JOURNAL.

Mr. Carter asked that the rules be suspended for the immediate-
consideration of the resolution.

Rules suspended and resolution passed.

Mr. Armstrong of Lamar asked leave of absence for Mr. Rogers.

Leave granted.

Mr. Munroe offered the following- resolution :

Resolved^ That Brevet Major General J. J. Reynolds be re-
quested to instruct the County Judge of Trinity county to permit
W. L. Culbreath, who has lately been appointed County Clerk of
said county, to enter upon the discharge of the duties of his office,
by his entering into a bond for the sum of one hundred dollars, with
good and sufficient security.

Laid over one day under the rules.

Mr. Munroe asked a suspension of the rules for the consideration
of the resolution.
Lost.
Mr. Board offered the following resolution :

Resolved^ That no member be allowed to speak more than ten.
minutes at any one time hereafter, and only be allowed one speech
on any one subject.

Laid over under the rules.

The President announced the unfinished business was the report
of the Committee on General Provisions,* and upon the amendment
offered by Mr. McCormick to section four of the general provisions.

Mr. Degeuer moved to lay the amendment upon the table.

Lipon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Bledsoe, Board, Boyd.
Bryant of Grayson, Butler, Burnett, Caldwell, Degener, Evans of
Titus, Flanagan, W. Flanagan, Gaston, Glenn, Hamilton of Travis,
Home, Keigwin, Kendal, Kirk, Mackey, Morse, Muckleroy, Mun-
roe, Oaks, Patten, Smith of Galveston, iSumner, Talbot, Varnell^
Vaughan, Whitmore, Williams, Wright — 33.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellin-
ger, Brown, Buffington, Carter, Constant, Downing, Evans of
McLennan, Fayle, Fleming, Foster, Goddin, Grigsby, Harris^
Harn, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan,
Kealy, Leib, Lindsay, McCormick, Mills, Mundine, Newcomb, Ped-

* For report, see page 236.

RECONSTRUCTION CONVENTION JOURNAL. 729

igo, Phillips of San Augustine, Pliillips of Wliarton, Posoy,
Scliuetze, Scott, Slaughter, Stoekbridge, Thomas. VVatrous, Wil-
son of Brazoria, Wilson of Milam, Yarborough — 41.

So the Convention refused to lay the amendment upon the table.

The question recurred upon the adoption of the amendment.

It was adopted.

Mr. Evans of McLennan offered the following amendment:

Amend by adding at the close of the section the following words:
''And all ballots or votes cast at any election for any person who is
at the time ineligible under the laws of the United States, o» this
State, to hold office, are declared and shall be held, for all purposes
and by all persons, null and void."

Mr. McCormick asked leave of absence for Mr. Fayle.

Leave granted.

Mr. Home offered the following amendment to the amendment :

And that all election returns shall be taken as valid, and the
purging of the ballot-box for fraud shall be forever prohil)ited.

Mr. Flanao;an offered the followino; substitute to tlie amendment:

In all elections by the people the vote shall 1)e by ballot, until the
Legislature shall otherwise direct; and in all elections by the Senate
and House of Representatives, jointly or separately, the' vote shall
be given viva voce, except in the election of their officers.

On motion, the amendment of Mr. Home was laid upon the
table.

The question recurred upon the adoption of the amendment offered
by Mr. Evans of jMcLennan.

It was not adopted.

Mr. Butler moved a reconsideration of the vote adopting ]Mr.
McCormick's amendment.

' /pon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. xlrmstrong, of Jasper, Bledsoe, Board, Boyd,
Bryant of Grayson, Butler, Burnett, Caldwell, Curtis, Degener,
Flanagan, W. Flanagan, Fleming, Gaston, Glenn, Hamilton of
Travis, Harn, Home, Hunt, Johnson of Harrison, Keigwin,
Kendal, Kuechler, Kirk, Mackey, IMorse. iNIuckleroy. Munroe,
Newcomb, Oaks, Posey, Schuetze, Smith of Galveston, Smith of
Marion, Sumner, Talbot, Varnell, Yaurchan, Watrous, Williams,
Wright— 41.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellin-
ger, Brown, Buffington, Carter, Constant, Downing, Evans of Mc-
Lennan, Evans of Titus, Foster. Goddin, Grigsby. Harris. Johnson
of Calhoun, Jordan, Kealy. Leib, Lindsay, Lippard. McCormick,
McWashington, Mundine, Phillips of Wharton, Ruby, Slaughter,

730 RECONSTRUCTION CONVENTION JOURNAL.

Stockbriclge, Thomas. Whitmore, Wilson of Brazoria, Wilson of
ISIilam, Yarborough — 33.

So the vote was reconsidered.

Mr. BujBfington moved the previous question upon the passage of
section four.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

The main question was ordered.

The question recurred upon the adoption of section four.

It, was adopted.

Section five, upon motion, was adopted.

Mr. Armstrong of Jasper olfered the following amendment to sec-
tion six :

Strike out in second line the words, "except for the purposes of
education."

Upon motion, the amendment was laid upon the table.

Mr. Phillips of San Augustine offeied the following amendment :

Strike out all after " law," in the sixth line.

Mr. Flanagan moved the previous question.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

The main question was ordered.

The question recurred upon the adoption of section six.

It was adopted.

Mr. Evans of McLennan moved to lay section seven on the
table.

Lost.

Section seven, upon motion, was adopted.

Section eight, upon motion, was adopted.

Mr. Munroe offered the following amendment :

Amend section nine by inserting after the words ''foreign power,"
in line two, the words '-excepting the office of Assessor and Collec-
tor of United States Internal Revenue Taxes."

Mr. Flanagan moved to lay the amendment upon the table.

Withdrawn.

Mr. Johnson of Calhoun offered the following amendment :

Insert the words " when the salary or emoluments of such office
shall exceed one thousand dollars," after the word "power" in the
second line.

Ruled out of order.

Mr. Flanagan moved the previous question.

Previous question seconded.

The question recurred, " Shall the main question be now put ?"

The main question was ordered.

RECONSTRUCTION CONVENTION JOURNAL. 731

The question recurring upon the adoption of section nine, it was
adopted.

Section ten, upon motion, was adopted.

Section eleven, upon motion, was adopted.

Mr. Evans, of McLennan, offered the following as an additional
section :

Sec 12. All civil officers shall reside within the State, and all
district or county officers within their districts or counties, and shall
keep their offices at such places therein as may be required by
law.

Upon the adoption of the section the yeas and nays were de-
manded and resulted tlius:

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Boyd, Brown, Bryartt of Harris, Buffingion,
Burnett, Carter, Cole, Constant, Curtis, Downing, Evans of Mc-
Lennan, Evans of Titus, Fleming, Foster, Glenn, Goddin, Grigsby,
Hamilton of Travis, Harris, Home, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kuechler,
Lippard, McCormick, McWashington, INlills, Morse, jMunroe,
Newcomb, Oaks, Phillips of San Augustine, Phillips of Wharton,
Buby, Schuetze, Smith of Galveston, Sumner, Talbot, Thomas,
"Whitmore, Watrous, Wilson of Brazoria, Wilson of Milam, Wright
—54.

Nays — Messrs. Board, Bryant of Grayson, Flanagan, W. Flan-
agan, Harn, Lindsay, Mackey, Posey, Scott, Smith of Marion,
Vaughan — 11.

So the Conventioii adopted the section.

Mr. Hamilton of Travis asked that Mr. Caldwell be excused.

Excused.

Previous question seconded upon the adoption of section twelve.

The question recurred, " Shall the main question be now put ?"'

The main question was ordered.

The question recurred upon the adoption of section twelve.

It was adopted.

IMr. Hamilton of Travis offered the following amendment to sec-
jon thirteen :

Amend by adding, " except in cases where the right of the wife is
acquired after the creation of the debt."

The amendment was adopted.

Mr. Hamilton of Travis moved that when the Convention adjourns
it adjourns until to-morrow morning at nine o'clock.

Can ied.

Mr. Evans of McLennan moved to strike out all of the section

732 RECONSTRUCTION CONVENTION JOURNAL.

after the word "by" in first line, and the word "law" be inserted
after the word " bj " in the first line.

Amendment adopted.

Mr. Armstrong of Jasper offered the following amendment to sec-
tion thirteen :

"And that married women, infants and insane persons, shall not be
barred of their rights of property by adverse possession, or law of
limitation, of less than seven years from and after the removal of
each and all of their respective legal disabilities," to be inserted
after the wDrd "'law."

The amendment was adopted.

Mr. Varnell offered the following amendment to the amendment :

Insert after the word "personal," in first line, "and the increase
of the same."

It was adopted.

Mr, Johnson of Calhoun moved to strike out the word " that" in
line.

Section thirteen, on motion, was adopted.

Carried.

The death of Hon. Thaddeus Stevens being announced.

The Convention adjourned until to-morrow morning at nine
o'clock.

CAPITOL, AUSTIN, TEXAS,
August 14th, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain.

Journal of yesterday read and adopted.

Mr. Carter moved that, in respect to Hon. Thaddeus Stevens, the
Sergeant-at-Arms be directed to have the flag over the Capitol imme-
diately lowered to half-mast.

It was so ordered.

Mr. Pedigo, Chairman of the Committee on Counties and County
Boundaries, made the following report :

Committee Room,
Austin, Texas, August 13, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Counties and County Boundaries, to

RECONSTRUCTION CONVENTION JOURNAL. 733

whom was referred a resolution introduced by Mr. Carter, in refer-
ence to the creation of new counties, and rc(juirin<r all new counties
to contain at least six hundred S(iuare miles, instead of nine hundred
S'juare miles, as required b}^ the Constitution of 1845, have had the
same under consideration, and a majority of the committee have in-
structed me to report the following as a substitute for section twen-
tj-four of the General Provisions of the new Constitution, as report-
ed by the Committee on General Piovisions, to wit :

Section 24. "The Legislature may, from time to time, create new
counties for the convenience of the people ; provided, however, that
no new county shall be created which shall contain, or reduce the
county or counties, or either of them, from which it may be taken,
to a less area than six hundred squ:ire miles, except by the concur-
rence of a majority of two-thirds of each branch of the Legisla-
ture."

And to suggest to the Convention the propriety of its adop-
tion.

All of which is respectfully submitted.

H. C. PEDIGO,
Chairman .

Mr. Phillips, of Wharton, from the Committee on Commerce and
Manufactures, reported as follows :

Committee Room,
Austin, August 14, 1868.
To the Hon. E. J. DAVIS,

President of the Constitutional Convention :

Sir : The Committee on Commerce and JManufactures has in-
structed me to report as follows :

The committee is of the opinion that the condition of the country
makes it the true policy of this State to lend encouragement to
every kind of manufactures for which the raw material is produced
or found within tlie State. The whole country offers inducements
to capital to find investment in manufactories of one description and
another ; and our State cannot enjoy the advantages resulting from
such investments within her limits, without offering some peculiar
advantages to capitalists in return. The difficulties encountered by
those engaging in the business of manufacturmg in the interior of
the State are very great, owing to the want of facilities for transpor-
tation of machinery.

The committee is of the opinion that to exempt from forced sale,
for a period of five years, such machinery as may be devoted to

734 RECONSTRUCTION CONVENTION JOURNAL.

manufacturing purposes of public utility, AYOuld furnish some en-
couragement to the establishment of such manufactories.

The committee therefore recommend the adoption by the Conven-
tion of the accompanying declaration on this subject (marked *'A"),
as one of the several provisions of the Constitution.

Your committee is also of the opinion that it is important to the
con:imercial interest of a large portion of the State, that Sabine City
should be made a port of entiy, and the committee therefore recom-
mend the adoption of the accompanying resolution memorializing
the Congress of the United States on this subject.

While it may not be deemed strictly within the province of your
Committee to do so, the committee cannot refrain from expressing
their opinion of the necessity of establishing an industrial bureau,
for the collection, preservation, and publication of statistics in rela-
tion to the commerce, manuflictures, agriculture, and various indus-
tries of the State. Our State is of such great territorial extent that
persons visiting it for the purpose of seeking homes are unable to
obtain information respecting its different parts, except by personal
inspection, at great expense and inconvenience, and go away dissatis-
fied ; who, under other circumstances, would be able to find homes
adapted to the pursuit or business in which they desire to engage.
Your committee is of opinion that it would contribute very greatly
to the settlement of the State, to establish an office at the Capital
for the purpose of collecting and publishing to the world the various
advantages offered by the different parts of our State to immigrants,
and your committee believes that the information which would be
thus collected, would in other respects be of great public utility.

Your committee therefore recommend the passage by the Conven-
tion of a declaration providing for the establishment of a bureau of
industrial resources, as a part of the constitution.

All of which is respectfully submitted.

W. J. PHILLIPS,

Chairman.

DECLARATION "A."

Whereas, It being the policy and duty of the people of Texas
to foster and encourage the industrial interests of its citizens, par-
ticularly as regards its manufacturing interests ; therefore, be it

Resolved, That all machinery imported into this State for manu-
facturing pu rposes shall be exempt from taxation for five years froui
the date of its' being put in operation.

RECONSTRUCTIOX CONVEXTIOX JOURNAL. 735

Mr. Pedigo moved that the rules ])c suspended to take up the
foHowiiig resolution respecting S.ibine Puss.

Be it resolved by the people of Texas in Convention (Hfsem-
bled:

First. That the Congress of the United States be and are liereby
requested to make by law, Sabine Pass, in the State of Texas, a port
of entrj.

Second. That copies of this resolution, signed bj the President of
this Convention, and attested by the Secretary thereof, be forwarded
to the Speaker of the House of Representatives and the President of
the Senate of the United States.

Rules suspended, resolution read and adopted.

INIr. Evans of McLennan, moved a further suspension of the rules
to put resolution on its passage.

Rules suspended, resolution read third time and adopted.

Mr. Evans, of McLennan, moved a suspension of the rules to in-
troduce the following resolution :

Resolved, That the Secretary of this Convention be, and he is
hereby authorized to draw a warrant against the contingent fvjid of
this Convention, in favor of Fred. Slaughter, for the sum of .^^l.oO
per day, for his services as page or employe of this body, in carrying
the mail of the members of this Convention from this Hall to the
postoffiee and back.

Rules suspended, resolution read second time and agreed to.
Ruies further suspended, resolution read third time and passed.
IMr. Thomas offered the following resolution :

AN ORDINANCE.

He, the people of Texas in Coii.vention assembled, do ordain
and declare that :

Section 1. The constitution adopted by a convention of the
people, on the twenty-seventh day of August, 1845, accepted by the
Congress of the United States, on the twenty-ninth day of Decem-
ber, 1845, and amended by the people of this State on the sixteenth
day of January, 1850, is the Constitution of the State of Texas,
except as hereinafter provided.

Sec. 2. The laws of this State are the laws passed in pursuance
of the Constitution of this State, as defined in the preceding section.

736 E,S0ON3TRu0TI0N CONVENTION JOUSKAI^.

Sec. 3. The so-called ordinance of secession, adopted by a
pretended convention of the people of Texas, on the first day of
February, 1861, is, and was from the beginning, null and void.

Sec. 4. All laws or parts of laws, whether fundamental or statu-
tory, which conflict with the Constitution or laws of the United
States ; or are inconsistent with the great fundamental truth, that
all men have equal civil and political rights, are null and void, and
shall forever remain without force or effect in this State.

Sec. 5. The people of this State, with its present organization, or
so much thereof as is loyal to the United States, are hereby remitted
to their rightful constitution and laws, as defined in sections one,
two and four of this ordinance.

Sec. 6. All offices now vacant, or which may hereafter become
vacant, shall be filled in the manner prescribed by law ; provided,
however, that prior to the first Monday in August, one thousand
eight hundred and seventy, all members of the Legislature, and all
officers, befoi'e entering upon the duties of their offices, shall take the
followino; oath or affirmation :

Sec. 7. This ordinance shall take effect and be in force from and
after notice of its approval by the Congress of the United States.

Mr. Evans of McLennan moved a suspension of the rules to con-
sider the resolution.

Lost.

Mr. Fayle introduced a declaration, desiring its reading to be dis-
pensed with and referred to the Committee on Lrternal Improve-
ments.

It was so ordered.

Mr. Vauo-han offered the following

DECLARATION.

Be it declared by the people of Texas in Convention assem-
bled :

First, That the Police Court of Guadalupe county shall have
authority to levy a special tax, for the purpose of paying off the
present indebtedness of said county ; provided said special tax shall
not exceed twenty cents on each hundred dollars' worth of property ;

RECONSTRUCTION CONVENl^ION JOURNAL. 737

and, fm-tlier provided, that the occupation tax levied by virtue of
this ordinance siiall not exceed that levied hy the State.

Second. The assessor and collector of said county shall assess and
collect the special tax authorized above, when ordered so to do by
the Police Court of said county.

Mr. Vaughan moved a suspension of the rules for the immediate
consideration o£ the resolution.

Lost.

The President announced the unfinished business of yesterday to
be next in order, and was upon tlie report of the Committee on Gen-
eral Provisions,* and upon the adoption of section fourteen.

Mr. Hamilton of Travis offered the following substitute :

The homestead of a family, not to exceed two hundred acres of
land in the country, or a lot or lots in a town or city, not to exceed
two thousand dollars in value at the time of the acquisition of the
same, and without reference to the subsequent value thereof, is
hereby prot'ected from forced sale for any debts hereafter contracted,
except for purchase money due thereon ; and the assent of the wife,
if the owner be a married man, shall be necessary to the transfer and
alienat'on of the same.

Mr. Buffington moved the adoption of the substitute.

Substitute adopted.

Mr. Burnett offei-ed the following amendment to the substitute:

"And the consent of the wife shall only be given in the manner
now prescribed by law, or in such manner as the Legislature may
hereafter point out."

Mr. Phil.ips of Wharton offered the following substitute :

The Legislature shall have power to protect by law, from forced
sale, a certain portion of the property of all heads of families. The
homestead of a fiimily not to exceed two hundred acres of land (not
included in a town or city), or any city, town, or village lot or lots,
not to exceed two thousand dollars in value at the time of their des-
ignation as a homestead, and without reference to any improvements
thereon, shall not be subject to forced sale for any debts, except they
be for the purchase thereof, for the taxes assessed thereon, or for
labor or materials expended thereon ; nor shall the owner, if a mar-

*For report see na^e 236.

738 RECONSTRUCTION^" CONVENTION JOURNAL.

ried man, be at liberty to alienate the same, unless bj consent of the
wife, and in such manner as may be prescribed bj law.

The question recurred upon the adoption of the substitute offered
by Mr. Phillips of Wharton.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bellinger,
Bledsoe, Board, Boyd, Bryant of Grayson, Bryant of Harris, Buf-
fington, Burnett, Carter, Constant, Curtis, Degener, Downing,
Evans ' of McLennan, Evans of Titus, Fayle, Flanagan, W. Flana-
gan, Fleming, Gaston, Glenn, Goddin, Hamilton of Travis, Harn,
Home, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Kuechler, Kirk, Leib, Long, Mackey,
McCormick, Mc Washington, Morse, Muckleroy, Mundine, Mun-
roe, Nevvcomb, Oaks, Phillips of San Augustine, Phillips of Whar-
ton, Rogers, Ruby, Schuetze, Slaughter, Stockbridge, Talbot,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson
of Milam, Wright, Yarborottgh — 64.

Nays — Messrs. Brown, Caldwell, Grigsby, Harris, Lindsay,
Smith of Galveston, Smith of Marion, Sumner, Thomas — 9.

So the substitute was adopted.

Mr. Flanagan moved to strike out " 2000" and insert "5000."

Mr. Degener moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Brown, Bryant of Grayson, Constant, Downing,
Grigsby, Hunt, Jordan, Kealy, Kuechler, Munroe, Newcomb,
Phillips of San A.ugustine, Schuetze, Scott, Smith of Marion,
Sumner, Thomas, Whitmore, Williams, Wilson of Milam, Wright
—25.

Nays — Messrs. Bell, Bellinger, Board, Boyd, • Bryant of Harris,
Buffmgton, Burnett, Carter, Curtis, Degener, Evans of McLennan,
Evans of Titus, Fayle, Flanagan, W. Flanagan, Fleming, Gaston,
Glenn, Goddin, Hamilton of Travis, Harris, Harn, Home, Johnson
of Harrison, Johnson of Calhoun, Keigwin, Kendal, Kirk, Leib,
Lindsay, Long, Mackey, McCormick, McWashington, Morse,
Muckleroy, Mundine. Oaks, Rogers, Slaughter, Smith of Galveston,
Stockbi-idge, Talbot, Varnell, Vaughan, Watrous, Wilson of
Brazoria, Yarborough — 48.

So the Convention refused to lay the amendment upon the table.

Mr. Lindsay offered the following substitute :

The Legislature shall have power to protect by law such portion

RECONSTRUCTION CONVENTION JOURNAL. 739

of the personal property of the heads of fomilies from forced sale
for de])ts contracted after the passage of such law as it may deem
necessary. But the homestead of a family, not to exceed five
thousand dollars in value at the time of its acquisition and dedica-
tion, whether situated in or out of a town or city, is herein protected
from forced sale for debts hereafter contracted, except for the pur-
chase money, for labor and materials in making improvements
thereon, for taxes which may become due to the State or for muni-
cipal purposes. Nor shall a married man have the right to alienate
the same without the consent of the wife, to be given and ascertained
in such manner as may be prescribed by law.

Mr. Flanagan moved to lay the substitute upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Board, Boyd, Bryant of Grayson, Bryant of Harris,
Buffington, Carter, Constant, Curtis, Evans of McLennan, Evans of
Titus, Flanagan, W. Flanagan, Gaston, Glenn, Goddin, Hamilton of
Travis. Harris, Ham, Home, Hunt, Johnson of Harrison, Johnson of
Calhoun, Keigwin, Kendal, Kirk, Leib, Long, McCormick, McWash-
ington, Morse, Muckleroy, Mundine, Oaks, Phillips of San Augus-
tine, Phillips of Wharton, Rogers, Schuetze, Scott, Slaughter,
Thomas, Varnell, Vaughan, Watrous, Whitmore, Wilson of Brazoria,
Yarliorough — 50.

Nays — Messrs. Bellinger, Bledsoe, Brown, Burnett, Caldwell,
Degener, Downing, Fayle, Jordan, Kealy, Kuechler, Lindsay,
Munroe, Newcomb, Smith of Marion, Talbot, Williams, Wilson of
Milam, Wright— 19.

So the substitute was laid upon the table.

The question recurred upon the adoption of the amendment
offered by Mr. Flanagan.

It was adopted.

]Mr. Phillips, of San Augustine, offered the following amendment:

Strike out "town or city," and insert "city, town or village."'

The amendment was adopted.

Mr. Yarborough offered the following amendment :

Amend by adding after "shall have power," "and it sliall be
their duty."

The amendment was adopted.

Mr. Talbot offered the fc llowing amendment :

Strike out " 200" and insert "320."

On motion, the amendment was laid upoa the table.

Mr. McCormick moved to strike out the word " Jiiade."

Carried.

740 RECONSTRUCTION CONVENTION JOURNAL.

The question recurred upon the adoption of the substitute as
amended.

It was adopted as section 14.

Section 15, on motion, was adopted.

Section 16, on motion, was adopted.

Section 17, on motion, was adopted.

Section 18, on motion, was adopted.

Section 19, on motion, was adopted,

Mr. Munroe offered the following amendment to section 20 :

Land property shall be sold for taxes due thereon under such
rules as the Legislature may prescribe.

Mr. Evans, of McLennan, moved the previous question.

Previous question seconded.

The question recurred "shall the main question be now put?"

The main question was ordered.

The question recurred upon the adoption of section 20.

It was adopted.

Mr. Buffington offered a substitute for section 21.

The substitute was withdrawn.

Mr. Evans, of McLennan, offered to amend by inserting after the
word " made," in first Ihie, " bj the first Legislature," and strike
out all after the word "in," in same line, to the word "of," in
second line.

Amendment withdrawn.

Mr. Wilson, of Brazoria, offered the following substitute for
section 21 :

Provision shall be made by the first Legislature for the condemna-
tion and sale of all lands for taxes due thereon, and every five years
thei'eafter, of all lands, the taxes upon which have not been paid to
that date.

The substitute was adopted.

Mr. Buffington moved to strike out "every five years."

Lost.

The question recurred upon the adoption of the substitute.

It was adopted.

Mr. Phillips, of San Augustine, moved to strike out section 22.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bell, Bellinger, Boyd, Bryant of Harris, Butler,
Carter, Evans of Titus, Fayle, Flanagan, W. Flanagan, Goddin,
Grigsby, Kendal, Leib, Lindsay, Mackoy, Morse, Phillips of San
Augustine, Suniner, Varnell. Whitmore — 21.

Nays — Messrs. President, Armstrong of Lamar, Armstrong of
Jasper, Bledsoe, Board, Bryant of Grayson, Bufiington, Burnett,

RECONSTRUCTION CONVENTION JOURNAL. 741

Curtis, Degener, Downing, Evans of McLennan, Harn, Home,
Johnson of Harrison, Kealj, Keigwin, Kuechler, Kirk, Long,
ISIc Washington, Muckleroj, Munroe, Newcomb, Patten, Phillips of
Wliarton, Rogers, Ruby, Sclmetze, Talbot, Thomas, Watrous, Wilson
of Brazoria, Wilson of Milam, Wright — 35.

So the Convention refused to strike out section 22.

Mr. Evans, of McLennan, offered the following amendment ;

Amend section 22, line one, by inserting after the word " indi-
viduals" the words "and banking companies or corporations."

On motion, the amendment was adopted.

Mr. Armstrong, of Jasper, moved to strike out the word " shall"
and insert the word " may."

Lost.

Mr. Sumner offered the following amendment :

By making second line read as follows : "or other paper to be
circulated as money."

Mr. Degener moved the previous question.

Mr. Phillips, of San Augustine, moved a call of the House.

Call sustained.

On motion, the Convention adjourned until to-morrow morning at
nine o'clock.

CAPITOL. AUSTIN, TEXAS,

August 15, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Whitmore, from the Committee on Finance, reported as fol-
lows:

Committee Room,
Austin, August, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Your Committee to whom was referred a resolution offered
by iNlr. Johnson, of Harrison, authorizing the Secretary of the Con-
vention to grant James B. Cassidy a certificate for dollars, for

writing done for the secretaries of the Convention, have had the

742 RECONSTRUCTION CONVENTION JOURNAL.

same under cousideration, and request me to report the same back
and ask its passage.

Mr. Whitmore moved to suspend the rules to take up report.

Lost.

Mr. Pedigo, Chairman of the Committee on Counties and County
Boundaries, reported as follows :

Committee Room,
Austin, August 14, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Your Committee on Counties and County Boundaries, to whom
was referred a declaration, introduced by Mr. Mundine, to define
the line between the counties of Burleson and Brazos, and also me-
morials from divers citizens of Burleson county upon the same sub-
ject, have had under consideration the said declaration and memo-
rials, and a majority of the Committee have instructed me to report
that the action proposed involves local considerations with which
your Committee do not feel themselves fully acquainted ; neverthe-
less they report back the declaration, believing that its adoption
will promote the convenience of the people immediately affected by it.

All of which is respectfully submitted,

H. C. PEDIGO,

Chairman.

Mr. Stockbridge offered the following declaration and asked its
reference to the Committee on Public Debt.

DECLARATION

For the relief of M. K. Rion.

Section — . Be it declared by the people of Texas in Conven-
tion assembled^ That the Comptroller is hereby directed to audit
and pay to M. K. Rion the sum of two thousand and five hundred
dollars, with interest thereon for tAvelve months.

It was so referred.

Mr. Kealy offered the following resolution, and asked its reference
to the Committee on General Provisions :

Be it resolved, That all persons engaged in any profession, mer-
cantile, mechanical, or any business of labor whereby they make
their living, and are heads of families and own no homesteads, in
lands, town or city lots, they shall be entitled to an exemption of
$2,000 from all debts.

RECONSTRUCTION CONVENTION JOURNAL. 743

Mr. Wilson, of Brazoria, offered tlie following declaration, and
jisked its reference to tlie Comniittce on General Provisions :

J^e if declared by the peojAc of Texas in Coucenflon as-
sembled, That it sliall be the duty of the first Legislature after the
adoption of this constitution to levy a special road tax upon the {)rop-
erty of all p« rsons in tiiis State, and appropriate the same to the
building of bridges and improvement of pu])lic roads in the different
counties in the State, under such rules and regulations as said
first Legislature shall provide.

It was so referred.

i\h-. Sunnier offered the following declaration, and asked its ref-
erence to Committee ou Political and Legislative :

Nesolred, That any person Avho sliall hinder by threats, acts, or
any other kind of intimidation, or sliall discharge from his employ-
ment any person for exercising tlie right of franchise for voting in
any election, shall be deemed guilty of crime and misdemeanor, and
on conviction thereof, before any court of competent juiisdietion,

shall be fined in a sum not less than dollars, nor more than

dollars, and shall be declared disfranchised and deprived of the

right of voting at any election created by this constitution for the
term of years.

It was so referred.

The President announced the business in order was the unfinished
business of yesterday, being upon tlie twenty-second section of the
re})ort of the Committee on General Provisions.*

Mr. Buffington moved the previous question.

Previous question seconded.

Mr. Phillips, of San Augustine, moved a call of the House.

Call sustained.

;Mr. Carter moved a suspension of the call.

Carried.

;Mr. Phillips, of San Augustine, moved a call of the House.

Call not sustained.

Mr. Buffington asked leave of absence for Mr. Bryant, of Grayson.

Leave granted.

The question recurred, "shall the main question Ije now put?"'
The main question was ordered.

The question recurred upon the passage of section twenty-two as
amended.

Upon which the yeas and nays were demanded, and resulted
thus:

Yeas — Messrs. President, Armstrong of Jasper, Bledsoe, Board,

•For report ece page 236.

744 RECONSTRUCTION CONVENTION JOURNAL.

Brjant of Harris, Buffington, Degener, Downing, Evans of Mc-
Lennan, Hunt, Kendal, Kuechler, Lippard, Long, Morse, Muckle-
roj, Newcomb, Oaks, Ruby, Schuetze, Thomas, Williams, Yar-
borough — 23.

Najs — Messrs. Armstrong of Lamar, Bell, Bojd, Brown, Burnett^
Caldwell, Carter, Cole, Constant, Evans of Titus, Fayle, Flanagan,
W. Flanagan, Fleming, Gaston, Glenn, Goddin, Grigsbj, Hamilton
of Travis, Harris, Johnson of Calhoun, Johnson of Harrison, Jor-
d.in, Kealy, Keigwin, Lcib, Lindsay, Mackej, McCormick, Mc-
Washington, Mills, Mundine, Munroe, Pedigo, Phillips of San
Augustine, Phillips of Wharton, Posey, Bogers, Scott, Slavighter,
Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Varnell,
Watrous, Whitmore, Wilson of Brazoria, Wilson of Milam, Wright
—50.

So the Convention rejected section twenty-two.

Mr. Smith, of Galveston, moved to strike out section twenty-
three.

[Mr. Evans, of McLennan, in the chair.]

Mr. Jordan moved to reconsider the vote striking out section
twenty-two.

The question recurred upon the motion to strike out section
twenty-three.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Bell, Board, Boyd, Burnett, Caldwell, Carter,
Cole, Evans of McLennan, Evans of Titus, Fayle, Flanagan, W.
Flanagan, Grigsby, Hamilton of Ti'avis, Harris, Harn, Home,
Johnson of Calhoun, Kealy, Kendal, Kirk, Leib, Lindsay, McCor-
mick, Mc Washington, Mills, Mundine, Pedigo, Phillips of San
Augustine, Phillips of Wharton, Posey, Rogers, Ruby, Smith of
Galveston, Smith of Marion, Sumner, Talbot, Varnell, Watrous,
Wilson of Brazoria, Wright— 41.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Brown, Buffington, Constant, Degener, Downing,
Fleming, Gaston, Glenn, Goddin, Hunt, Jordan, Kuechler, Lippard,
Morse, Muckleroy, Oaks, Patten, Schuetze, Thomas, Williams, Wil-
son of Milam, Yarborough — 26.

So the Convention agreed to strike out section twenty-three.

The question recurred upon the motion to reconsider the vote
rejecting section twenty-tAvo.

Mr. Flanagan moved to lay the motion upon the table.

RECONSTRUCTION CONVENTION JOURNAL. 745

Upon which the yeas and nays ^Tcre demanded, and resulted
thus :

Ycus — Messrs. Bell, Board, Boyd, Butler, Burnett, Caldwell,
Caiter, Cole, Constant, Evans, of Titus, F;iyle, Flanagan, W. Flana-
gan, Gaston, C»rigs))y, Hamilton of Travis, Ilariis, Ham, Home,
Jcihnson of Callioun, Kealy, Keigwin, Kirk, Leib, Lindsay, McCor-
mick, Me Washington, Mundine, jNIunroe, Pedigo, Phillips of San
Augustine, Phillips of Wharton, Posey, Rogers, Slaughter, Snuth
of Galreston, Smith of Marion, Sumner, Talbot, Varnell, Watrous,
Wil.'^on of Brazoria, Wright — 43.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Bryant of Harris, Buffington, Cuitis, L>egener,
Downing, Evans of McLennan, Fleming, Glenn, Goddin, John.son
of Harrison, Jordan, Kendal, Keuchler, Lippard, Long, ^lorse,
Muckleroy. Oaks, Patten, Ruby, Schuetze, Thomas, Williams,
Wilson of Milam, Yaiborough — 29.

So the Convention laid the motion to reconsider upon the fcvble.

Mr. Johnson, of Calhoun, asked leave of absence for Mr. Bellin-
ger for an indefinite period.

Leave granted.

Mr. Smith, of Galveston, moved to reconsider the vote striking
out section twenty-three, and to lay the motion upon the table.

Upon the motion to lay upon the table, the yeas and nays were
demanded, and resulted thus:

Yeas — Messrs. Bell, Board, Boyd, Butler, Burnett, Caldwell,
Caitor, Evans of Titus, Fayle, Flanagan, W. Flanagan, Gaston,
Goddin, Grigsby, Hamilton of Travis, Harris, Harn, Home, John-
son of Calhoun, Kealy, Keigwin, Kirk, Leib, Lindsay, Long,
MeConnick, McWashiugton, Muckleroy, Mun<line, Pedigo, Pliillips
of San Augustine, Phillips of Wharton, Posey, Rogers, Kuby,
Slaughter, Smith of Galveston, Smith of Marion, Sumner, Talbot,
Varnell, Walrous, Wilson of Brazoria, Wright — i4.

Nays — Messrs. President, Armstrong of Jas})er, Armstrong of
Lamar, Bknlsoe, Bryaiit of Harris, BufRngton, Constant. Cuitis,
Downing, Evans of McLennan, Fleming, Jordan, Kendal. Keuch-
ler, Lippard. Morse, Newcomb, Oaks, Patten, Schuetze, Thomas,
AVilliams, Wilson of Milam— 23.

So the Convention laid the motion upon the table.

Mr. Evans, of McLennan, offered the following additional section
to the report on the Committee on General Provisi(.»ns:*

Tliat the aggregate amount of debts hert-tofore contracted by the
Legislature shall never exceed five hundred thou.sand dollars, except

746 RECONSTEUCTION CONVENTION JOURNAL.

in case of war, to repel an invasion, or suppress an insurrection, and
to sustain common schools ; provided, always, that the Legislature of
Texas maj use her credit to any sum in aid of internal improve-
ments, by levying a tax sufficient to pay for the interest of such sum
employed in internal improvements, and a one per cent, sinking fund.

;^Ir. Smith, of Galveston, offered the following substitute :

It shall be the duty of the Legislature to provide by law, in all
casas where State debt is created, adequate means for the payment
of the current interest, and two per cent, as a sinking fund for the
redemption of the principal, and all such laws shall be irrepealable
until principal and interest are fully paid.

The question recui-red upon the adoption of the substitute.

It Avas adopted as an additional section.

Mr. Evans, of McLennan, moved to insert the words " or
county " after the word " State."

The amendment was adopted.

The question recurred upon the adoption of the section as
amended.

it was adopted.

Mr. Wrij^ht offered the followinof as an additional section.

That the State Legislature shall have power to loan the credit of
the State to any railroad or manuf;\cturiiig company, upon the mort-
gaging by said company of a sufficient amount of land to gecurc the
amount of said credit thus loaned.

Mr. Smith, of Galveston, moved to lay the substitute upon the
table.

Carried.

Mr. Carter offered the following substitute to section twenty-
four :

The Legislature may from time to time create new counties for
the convenience of the people ; provided, however, that no new
county shall })e created which shall contain, or reduce the county
or counties, or either of them from which it may be taken, to a less
area than six hundred square miles, except by the concurrence of a
majority of two-thirds of eacli branch of the Legislature.

Mr. Flanagan moved to reject tlie substitute.

The Convention refused to reject.

The question recurred upon the atloption of the substitute to sec-
tion twenty-four.

It was. adopted.

Mr. Armstrong, of Lamar, offered the following as a substitute
for the section as adopted :

New counties may be established by the Legislature, to consist of
not less than three hundred and fifty square miles, and which shall

RECONSTRUCTION CONVENTION JOURNAL. 747

contain a population of four hundred qualifiud voters. No line of
such county shall approach the courthouse of any old county, from
which it may he taken, nearer than twelve miles. No part of a
county shall be taken off to form a new county, or a part thereof,
without the consent of a majority of the qualified voters in such
part taken off, and in all cases where an old county may be reduc.d
for the purpose of forming a new one, the seat of justice in said old
county shall not be removed without the concurrence of two-thirds
of the qualified voters of said county, nor shall said old county be
reduced to less tlian six hundred Sijuare miles ; provided that all the
new counties formed hj this Convention are herelty declared to he
constitutional, and shall vote witli the counties from which they are
taken for all State offices, until they are entitled to separate repre-
sentation.

The question recurring upon the adoption of the substitute, the
yeas and nays were dcmaridal and I'esultcd thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Bledsoe, Board, Brown, Cole, Curtis, Evans of Titus, Flanagan,
Gaston, Goddin, Grigsby, Hamilton of Travis, Hunt, Johnson of
Harrison, Kealy, Keigwin. Kendal, Kuechler, Leib, Lindsay,
Mackey, McWashington, Morse, Mundine, Munroe, Phillips of
Wharton, Schuetze, Stockbridge, Yarnell, AYatrous, Williams, Y>'^il-
son of Brazoria — 34.

Nays — Messrs. Armstrong of Jasper, Bellinger, Burnett, Carter,
Constant, Degener, Downing, Evans of McLemuvn, Fleming, New-
comb, Patten. Pedigo, Phillips of San Augustine, Rogers, Ruby,
Slaughter, Talbot, Thomas, Whitmore, Wilson of Milam, Wright
—21.

So the substitute was adopted.

Mr. Davis, of Nueces, offered the following amendment :

At end of section: '• Provided tliat no n<?w county shall be cre-
ated where less than one hundred and fifty qualified jurors are resi-
dent therein."

The amendment was adopted.

Mr. Thomas moved to amend by striking out "400 " and insert
"600."

Mr. Flanagan moved the previous question upon tb« adoption of
the substitute to section twenty-four as amended.

Previous question seconded.

The question recurred : " Shall the main question be now put? '

The main (question was ordered.

The question recurred upon the adoption of the section as
amended.

It was adopted.

748 RECONSTKUCTION CONVENTION JOURNAL.

Mr. Armstrong, of Jasper, offered the following amendment to
section twenty-five :

In section twentj-five, in second line, strike out all after the word
" constitution," and insert the words " until otherwise provided by
law."

Amendment adopted.

Mr. Hamilton, of Travis, moved to amend by striking out after
the word '"of," in the first line, to the word "are," inclusive, and
inserting the words " State officers."

Agreed to.

Upon motion, section twenty-five, as amended, was agreed to.

Mr. Flanagan moved to strike out section twenty-six.

Carried.

Mr. Evans, of Titus, rising to a question of personal privilege, re-
quested a person, refusing to give evidence, now I'estrained of his
liberty, by order of this Convention, be brought before the Conven-
tion.

The sergeat-at-arms was ordered to bring the person before the
Convention.

The sergeant-at-arms reported the person at the bar of the House.

Mr. Caldwell moved that said person be discharged upon his tes-
tifying before the Committee on Lawlessness and Crime.

The Convention agreed to the motion.

On motiun the Convention adjourned until Monday morning at
nine o'clock.

CAPITOL, AUSTIN, TEXAS,

August 17, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Butler, from the Committee on Penitentiary, offered a report.

By consent of the Convention, the report was temporarily with-
drawn.

The President announced the business in order was the report* of
the Committee on General Provisions.

Mr. Flanagan moved to strike out section twenty-seven.

Carried.

* For report see page 236.

RECONSTRUCTION CONVENTION JOURNAL. 749

Mr. Wright moved to strike out aection twenty-eight.

Carried.

INlr. Board moved to strike out section twenty-nine.

Carried.

Mr. Board moved to strike out section tliirty.

Upon which the yeas and nays wore demanded and resulted thus :

Yeas, — Messrs. Armstrong of Jasper, Board, Boyd, Cole, Flana-
gan, W. Flanagan, Fleming, Gaston, Grigsby, Harris, llarn,
Home, Keigwin, Kirk, Morse, Muckleroy, Munroe, Patten, Rogers,
Varncll— 20.

Nays — Messrs. President, Armstrong of Lamar, Bell. Bledsoe,
Bryant of Grayson, Bryant of Harris, Burnett, Caldwell, Carter,
Constant, Curtis, DoAvning, Evans of McLennan, Faylc, Foster,
Hamilton of Travis, Hunt, Johnson of Calhoun, Kealy, Kendal,
Keuchler, Leib, Lindsay, Lippard, Mackey, McWashington, Mun-
dine, Nev.coiub, Pcdigo, Phillips of San Augustine, Phillips of
Wharton, Posey, Ruby, Schuetze, Scott, Slaughter, Smith of
Marion, Sumner, Talbot, Thomas, Vaughan, Watrous, Whitmore,
Williams, Wilson of Brazoria, Wilson of Milam, Wright, Yarbo-
rough — 47.

So the Convention refused to strike out the section granting pen-
sions to disabled soldiers in the war.

Mr. Thomas, of Collin, moved to insert the word "may" instead
of the word "shall,'" in first line.

j\L\ Carter moved to lay the amendment upon the table.

Upon which the yeas and nays were demawlcd and resulted thus :

Yeas — Mr. President, Bledsoe, Bryant of Harris, Carter, Con-
stant, Curtis, Foster, Hunt, Johnson of Harrison, Keuchler, Lip-
pard, Mundine, Munroe, Ruby, Slaughter, Smith of Marion, Whit-
more, Williams — 18.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Bryant of Grayson, Burnett, Caldwell, Cole, Down-
ing, Evans of IMcLcnnan, Fayle, Flar/figan, W. Flanagan, Fleming,
Gaston, Grigsby, Hamilton of Travis, Harr\s, Harn, Johnson of
Calhoun, Kealy, Keigwin, Kendal, Kirk, Leib, Lindsay, Mackey,
j\lc Washington. Morse, Muckleroy, Newcomb, Patten, Pedigo. Phil-
lips of San Augustine, Phillips of AYharton, Posey, Rogers,
Schuetze, Scott, Stockbridge, Sumner, Talbot, Thomas, Varnell,
Vaughan, Watrous, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 51 .

So the Convention refused to lay the amendment upon the table.

Upon motion, jNIr. Glenn was indefinitely excused from attendance
upon the Convention.

The question recurring upon the adoption of the amendment.

750 RECONSTKUCTION CONVENTION JOURNAL.

It was adopted.

The question recurring upon the adoption of section thirty as
amended.

It was adopted.

Mr. LindsAj offered the following substitute for section thirty-
one.

Section 31. Each county in the State shall provide in such
manner as may be prescribed by law, a manual labor poor house,
for taking care of, managing, employing, and supplying the wants
of its indigent and poor inhabitants ; and, under such regulations as
the Legislature may direct, all persons committing petty offenses in
the county, may be committed to such manual labor poor house for
correction and employment.

The substitute was agreed to.

Upon motion, the substitute was adopted as section thirty-one.

Mr Caldwell offered the following amendment to section thirty-
two:

Provided, however, That the cause or causes for which such
removal shall be required, shall be stated at length in such address,
and entered on the journals of each house ; and provided further,
that the cause or causes shall be notified to such civil ofScers in-
tended to be removed, and shall be admitted to a hearing in their
own defence, before any vote for such address shall pass, and in all
such cases the vote shall be taken by yeas and nays, and entered on
the journals of each house respectively.

Amendment was not agreed to.

Mr. Ruby offered the following amendment :

Amend by inserting " may," instead of " shall," as seventh word
of first line, in section thirty-two.

On motion, the amendment was laid upon the table.

Mr. Mundine moved to lay the section on the table.

Carried.

Mr. Lindsay moved to strike out section thirty-three.

Upon which the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Bell, Board, Bryant of Grayson, Bryant of Har-
ris, Buffington, Butler, Burnett, Caldwell, Carter, Curtis, Downing,
Fayle, Flanagan, W. Flanagan, Gaston, Grigsby, Hamilton of
Travis, Harris, Johnson cf Harrison, Johnson of Calhoun, Kirk,
Leib, Lindsay, Mackey, McCormick, McWashington, Mills, Mun-
roe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey,
Rogers, Ruby, Schuetze, Smith of Marion, Stockbridge, Sum-
ner, Thomas, Varnell, Vaughan, Watrous, Wilson of Brazoria,
Wright— 45.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of

RECONSTRUCTION CONVENTION JOURNAL. 751

Lamar, Bledsoe, Bojd, Cole, Evans of McLennan, Fleming, Foster,
(Joddin, liorne. Hunt, Jordan, Kealy, Kcigwin, Lippard, Morse,
Aluckleroy, Mundine. Newconib, Scott, Slaugliter, Wliitmoie, Wil-
liams, Wilson of Milam, Yarborough — 26.

ir^o the section was struck out.

Mr. Board moved to strike out section tliiitj-four.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Board, Boyd, BruAvn, Bryant of Grayson, Burnett, Caldwell, Cole,
Flanagan, W. Flanagan, Fleming, Gaston, Harris, Ilarn, Johnson
of Calhoun, Keigwin, Kirk, Leib, Mills, Morse, Munroe, Phillips
of Wharton, Posey, Stockbiid^e, Sumner, Varnell — 27.

Nays —Messrs. President, Bell, Bledsoe, Bryant of Harris, Buf-
fington, Butler, Carter, Cuitis, Downing, Fvans of McLennan,
Fayle, Foster, Goddin, Grigsljy, Hunt, Johnson of Harrison. Jordan,
Kealy, Kendal, Lindsay, Lippard, Mackey, McCoi-mick, McWash-
ington. Muckleroy, Mundine, Newcomh, Phillips of San Augus-
tine, Rogers, Ruby, Scott, Smith of Marion, Thomas, Vaughan,
Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson of Milam,
Vv right, Y^arborough — 41 .

So the Convention refused to stiike out.

Mr. Carter offered the following substitute to section 84.

All persons living together and cohabiting as man and wife, shall
be taken and held as lawfully married, to all intents and puiposes,
and the Legislature shall provide by law for the punishment of
adultery and concubinage. •

The question being upon the adoption of the substitute, it was not
adopted.

Mr. Johnson, of Calhoun, offered the following amendment :

Strike out all except the words, "The Legislature shall provide
by law for the punishment of adultery and concubinage."

Upon which the ye.is and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Brown, Bryant of Grayson. Bryant of Harris, Buffington, Butler,
Burnett, Carter, Curtis, Downing, Evans of McLennan, Fayle,
Fleming. Foster, Grigsby, Hunt, Johnson of Harrison, Jordan,
Kealy, Kendal, Leib, iNIackey, McCormick, McWashington, Mun-
dine, jNIunroe, Newcomb, Phillips of San Augustine, Posey, Rogers,
Ruby, Scott, Slaughter, Smith of Marion, Yaughan, Watrous,
Williams, Wilson of Brazoria, Wilson of Milam, ^V^ight, Y'ar-
borough — 44.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Caldwell,
Cole, Flanagan, W. Flanagan, Gaston, Goddin, Harris, Ham, Home,

752 RECONSTRUCTION CONVENTION JOURNAL.

Johnson of Calhoun, Keigwin, Kirk, Lindsay, INIills, Morse, Muckle-
roj-, Stockbridge, Sumner, Thomas, Varnell, Whitmore — 24.

Mr. Phillips, of ^V'harton, oiFered the following substitute :

All freed people, who at any time heretofore, lived together as
husband and wife, and continued so to live together until the death
of one of them, shall be considered as having been legally married,
and the children born of such marriage shall be considered as
legitimate.

All freed people now living together aS husband and wife, shall
be considered as having been legally married, and the children here-
tofore, or hereafter, iiom such maniage, shall be considered as
legitimate.

Mr. Newcomb moved the previous question upon the adoption of
the original section.

Previous question seconded.

The question recurring, " Shall the main question be now put?"
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bell, Bledsoe, Brown, Bryant of Har-
ris, Buffingfcon, Butler, Curtis, Downing, Evans of McLennan,
Foster, Goddin, Grigsby, Hunt, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Kendal, Kuechler, Mackey, Mills, New-
comb, Rogers, Ruby, Shuetze, Scott, Smith of Marion, Watrous,
Whitmore. Williams, Yarborough — 32.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Bryant of
Grayson, Burnett, Caldwell, Carter, Cole, Fayle, Flanagan, W.
Flanagan, Fleming, Gaston, Hamilton of Travis, Harris, Harn,
Home, Keigwin, Kirk, Leib, Lindsay, McCormick, Mo Washington,
I\Iorse, Muckleroy, Mundine, Munroe, Phillips of San Augustine,
Phillips of Wharton, Slaughter, Stockbridge, Sumner, Thomas,
Varnell, Vaughan, Wilson of Brazoria, Wilson of Milam, Wright
—39.

So the main question was not ordered.

The question recurring upon the adoption of the substitute
offered by Mr. Phillips of Wharton, the yeas and nays were de-
manded and resulted thus :

Messrs. President, Armstrong of Jasper, Bledsoe, Board, Brown,
Bryant of Grayson, Buffington, Carter, Curtis, Downing, Evans of
McLennan, Foster, Goddin, Hamilton of Travis, Harris, Hunt,
Jolmson of Harrison, Johnson of Calhoun, .Jordan, Kealy, Kendal,
Kuechler, Kirk, Leib, Lippard, Morse, Ruby, Shuetze, Smith of
Marion, Thomas, Varnell, Williams, Wright — 33.

Nays — Messrs. Bell, Boyd, Bryant of Harris, Burnett, Caldwell,
Cole, Fayle, Flanagan, W. Flanagan, Fleming, Gaston, Grigsby,
Harn, Home, Keigwin, Lindsay, McCormick, McWashingion, Mills,

RECONSTllUCTION CONVENTION JOURNAL. 753

Muckleroy, IVIundine, Munroe, Newconib, Patten, Pl;illips of San
Augustine, Phillips of Wharton, Posey, Kogos, Slaughter, Stock-
bridge, Sumner, Vaughan, Watrous, Whitnioic, ^Vilson of Brazo-
ria, Wilson oT Milaui — 36.

So the Convention refused to adopt the substitute of Mr. Phillips,
of Wharton.

On motion section thirtj-four, amendment and substitute, were
committed to tlie Committee on the Judiciary.

[Mr. Evans, of McLennan, in the Chair.]

Mr. Mundine offered the following substitute to section thirty-
five :

The assessors and collectors of taxes for the several counties shall
be elected in the manner and under such regulations as the Legisla-
ture may direct.

Mr. Butler moved to lay the substitute upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Butler, Fayle, Fleming, Grigsby, Johnson of Cal-
houn, Lindsay, Munroe, Newcomb, Patten, Phillips of Wharton,
Shuetze — 11.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Bryant of Har-
ris, Buifiugton, Burnett. Caldwell. Carter, Cole, Curtis, Downing,
Evans of IMcLennan, Flanagan, W. Flanagan, Foster, Gaston, God-
din, Harris, Harn, Hunt, Johnson of Harrison, Jordan, Kealy,
Keigwin, Kendal, Kuechler, Kirk, Leib, Lippard, McCormick, Mc-
Washington, Morse, Muckleroy, Mundine, Oaks, Piiiliips of San
Augustine, Rogers, Ruby, Scott, Slaughter, Smith of Galveston,
Smith of Marion, Stockbvidge, Thomas, Varnell, Watrous, Whit-
more, Williams, Wilson of Milam, Wrigiit — 55.

So the Convention refused to lay the substitute upon the table.

The question recurring upon the adoption of the su])stitute, it was
adopted.

Mr. xlrmstrong of Lamar offered the followingr substitute for the
substitute :

Justices of the peace shall assess the property in their respective
precincts, under such laws as shall be provided and enacted by the
Legislature, and the sheriff of the several counties in this State
shall collect the taxes so assessed.

The question recurred upon the adoption of the substitute for the
substitute.
A8

754 RECONSTRLICTION CONVENTION JOURNAL.

Upon which the jeas and najs were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Annstrong of Lamar, Bell,
Bledsoe, Board, Bojd, Buffington, Cole, Downing, Fa/le, Flanagan,
W. Flanagan, Fleming, Gaston, Giigsby, Harn, Hunt, Johnson of
Harrison, Jordan, Keig\yin, Kendal, Kuechler, Kirk, Leib, Lindsay,
Lippard, McCormick, Ale Washington, Morse, Muckleroj, Newcomb,
Oaks, Phillips of San Augustine, Phillips of Wharton, Rubj,
Scliuetze, Scott, Slaughter, Thomas, Varnell, Watrous, Whitmore,
Wilson of Brazoria, Wilson of Milam, Wright — 45.

Nays — Messrs. Biowii, Bryant of Grayson, Burnett, Caldwell,
Carter, Evans of McLennan, Harris, Johnson of Calhoun, Mackey,
Mundine, Posey, Rogers, Smith of Galveston, Smith of Marion —
14.

The Convention adopted the substitute for the substitute.

Mr. Thomas, of Collin, moved to insert the word "taxable " be-
fore the word "property."

Mr. Flanagan moved to lay the amendment upon the table.

Carried.

Mr. Lindsay moved to reconsider the vote adopting the substitute
offered by Mr. Armstrong of Lamar to the substitute offered by My.
Mundine for section thirty-five.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Bryant of Grayson, Burnett, Caldwell,
Carter, Lindsay, Mackey, Mundine, Posey, Rogers, SchuetzcT
Smith of Marion, Sumner, Vaughan — 14.

Nays — Armstrong of Jasper, Armstrong of Lamar, Bledsoe,
Board, Boyd, Brown, Bryant of Harris, Buffington, Butler, Cole,
Curtis, Downing, Evans of McLennan, Fayle, Flanagan, W. Flana-
gan, Fleming, Foster, Gaston, Goddin, Grigsby, Harris, Harn,
Home, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan,
Kealy, Kendal, Keuchler, Kirk, Leib, Lippard, McCormick, Mc-
Washington, Morse, Muckleroy, Oaks, Patten, Pedigo, Phillips of
San Augustine, Ruby, Scott, Slaughter, Smith of Galveston,
Stockbridge, Talbot, Thomas, Varnell, Whitmore, Williams, Wilson
of Brazoria, Wilson of Milam,- Wright-— 55.

So the Convention refused to reconsider.

The question recurred upon the adoption of the substitute for
section 35, the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar^
Bledsoe, Board, Boyd, Bryant of Llarris, Buffington, Cole, Curtis,
Downing, Evans of McLennan, Fayle, Flanagan, Flanagan, Flem-
ing, Foster,, Gaston, Goddin, Grigsby, Harris, Harn, Home, Hunt,

RECONSTRUCTION CONVENTION JOURNAL. 7o5

Jolinson of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal,
Kuecliler, Kirk, Leib, Lippard, Mackey, McCormick, McWasliin^ton,
Morse, Muckleroy, jNIundiue, Oaks, I'edigo, Pliillips of San^Au^rus-
tine, Scott, Sluughter, Smith of Galveston, StockI)ridge, Thomas,
Varnell, Vauii'lian, Wliitmore, Wilhams, Wilson of Brazoria, Wilson
of Milam, Wright— 52.

Nays — Messrs. President, Brown, Bryant of Grayson, Burnett,
Caldwell, Carter, Lindsay, Mundine, Phillips of Wliarton, Posey,
Rogers, "Ruby, Sehuetze, Smith of Marion, Sumner, Talbot — IG.

So the Convention ado[)ted the substitute.

On motion, Mr. Grigsby was excused for the day.

Mr. Ai'mstroug, of JaspL'r, moved to strike out section 36.

Mr. Evans, of Titus, upon motion, was excused.

Mr. Long, of Limestone, upon motion, was excused.

Mr. Caldwell moved a call of the House.

Call sustained.

Ab-sentees — Messrs. Bell, Hamilton, of Travis, Newcomb, Patten
and Wliitmore.

Mr. Caldwell moved a suspension of the call of the House.

Call suspended.

Upon motion to strike out section 36, the yeas and nays were
demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Board, Boyd, Brown,
Bryant of Grayson, Buffington, Burnett, Caldwell, Cole, Fayle,
Flanagan, W. Flanagan, Fleming, Gaston, Harris, Harn, Home,
.Johnson of Calhoun, Keigwin, Kirk, Leib, Mackey, Mor.se,
Muckkroy, Munroe, Pedigo, Phillips of Wharton, Posey, Scott,
Slaughter, Stockbridge, Sumner, Talbot, Thomas, Varnell,
Vaughan, Wilson of Brazoria, Wright, Yarborough — 39.

Nays — Messrs. President, Armstrong, of Lamar, Bledsoe, Bryant
of Harris, Carter, Curtis, Degener, Downing, Evans of McLennan,
Foster, Goddin, Hunt, Johnson of Harrison, Kendal, Kueehler,
Lippard, McWashington, Mundine, Newcomb, Oaks, Phillips of
San Augustine, Rogers, Ruby, Smith of Galveston, Smith of
Marion, Watrous. Wliitmore, Williams — 28.
•So the Convention struck out section 36.

Mr. Kirk moved to strike out section 37.

Lost.

j\lr. Home offered the following amendment :

And a list of blacks shall be kept separate from that of the
whites.

On motion, the amendment was rejected.

The ciuestion recurred upon the adoption of section 37.

753 RECONSTRUCTION CONVENTION JOURNAL

Upon wliich the yeas and nays were demanded, and resulted
thus :

Yeas- — Messrs. President, Bledsoe, Brown, Bryant of Grayson,
Bryant of Harris, Buffington, Burnett, Caldwell, Carter, Curtis,
l)egener, Downing, Evans of McLennan, Fayle, Fleming, Foster,
Goddin, Hunt, Johnson of Harrison, Johnson of Calhoun, Kealy,
Kendal, Kuechler, Leib, Lippard, Mackey, McWashington, IMunroe,
Newcomb, Oaks, Pedigo, Phillips of San Augustine, Phillips of Whar-
ton, Posey, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith of Gal-
veston, Smith of Marion, Stockbridge, Sumner, Talbot, Yariiell,
Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson
of Milam— 51.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Board, Boyd, Cole, Flanagan, W. Flanagan, Harris, Harn, Home,
Keigwin, Kirk, Morse, Muckleroy, Mundine, Thomas, Wright,
Yar borough — 3 7 .

So section 37 was adopted.

Mr. Wright moved to strike out section 38.

It was struck out.

Mr. Sumner moved to strike out section 39.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Board, Boyd. Buffington,
Caldwell, Cole, Flanagan, \V. Flanagan, Fleming, Harris, Harn,
Home, Jordan, Kealy, Keigwin, Mackey, McCormick, Morse,
Muckleroy, Mundine, Munroe, Scott, Slaughter, Stockbridge,
Sumner, Varnell, Yaughan, Whitmore, Yarborough — 29.

Nays — Messrs. President, Armstrong of Lamar, Bledsoe, Brown,
Bryant of Grayson, Bryant of Harris, Butler, Burnett, Carter,
Curtis, Degener, Downing, Evans of McLennan, Foster, Goddin,
Hunt, Johnson of Harrison, .Johnson of Calhoun, Kendal, Kuechler,
Leib, Lippard, McWashington, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Posey, Rogers, Ruby, Schuetze, Smith of
•Galveston, Smith of Marion, Thomas, Watrous, Williams, Wilson
of Brazoria, Wilson of Milam, Wright- -40.

So tlie Convention refused to strike out.

Mr. Caldwell offered the following amendment to section 39 :

Insert after the word homicide, "or inflict a bodily injury upon
any person."

Mr. Newcomb moved to lay the amendment upon the table.

Motion withdrawn.

Mr. Bryant, of Harris, moved to lay the amendment upon the
table.

Carried.

RECONSTRUCTION CONVENTION JOURNAL. 757

■Mr. Evans, of McLennan, moved to insert a comma after the
word act.

Mr. McCormick offered the following amendment :

In second line strike out " legal representatives or creditors," and
insort afver heirs, "of his or her body."

The amendment was adopted.

Mr. Monroe offered the following amendment :

After the word homicide, line four, section 39, add :

"That the State shall be held responsible for all damages com-
mitted on person, life, or property, by mobs, vigilance committees or
any unlawful assemblage, and the family of the person who may so
killed shall be entitled to a pension from the State.

Mr. Board mcved to lay the amendment upon the table.

Upon wliich the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Board, Boyd, Brown, Bufiington, Caldwell, Cole, Evans
of McLennan, Flanagan, W. Flanagan, Fleming, Harris, Harn,
Home, Hunt, Kealy, Keigwin, Kirk, Mackey, McCormick, ]Mills,
Morse, Muckleroy, Mundine, Phillips of San Augustine, Phillips
of Wharton, Posey, Schuetze, Smith of Galveston, Stockbiidge,
Sumner, Thomas, Varnell, Whitmore, Wilson of Brazoria, Wilson
of jNIilam, Wright— 40.

Nays — Messrs. Bledsoe, Bryant of Grayson, Bryant of Harris,
Butler, Burnett, Carter, Curtis, Downing, Fayle, Foster, Johnson
of PLirrison, Johnson of Calhoun, Jordan, Kendal, Keuchler, Leib,
McWashington, Munroe, Newcomb, Oaks, Rogers, Ruby, Smith
of Marion, Watrous, Williams — 26.

So the Convention laid the amendment upon the table.

Mr. Sumner offered the following amendment :

In second line, immediately before the word "widow," insert the
words "surviving husband."'

The amendm<jnt was adopted.

Section thirty-nine as amended was adopted.

Mr. Armstrong, of Jasper, moved that sections 40, 41 and 42 be
referred to the Judiciary Committee, with instructions to report to-
morrow.

Carried,

On motion, the Convention adjourned until this afternoon at 4
o'clock.

758 RECONSTRUCTION CONVENTIOISr JOURNAL.

AFTERNOON SESSION — FOUR O' CLOCK.

Boll called. Quorum present.

Mr. Burnett called up the resolution of the Committee on Federal
Relations, with regard to the relinquishment of political jurisdiction
over El Paso county, and moved to laj the report upon the table.

Carried.

RESOLUTION

Reported from Committee on Federal Relations, respecting the re-
linquishment by the State of political jurisdiction and right of
public domain over El Paso county.

Whereas, The people of county of El Paso, in the State of
Texas, and the county of Dcna Ana, in the Territory of New
Mexico, have petitioned the Congress of the United States to give
them a Territorial Government; and,

Whereas, Owing to the geographical position of the aforesaid
county of El Paso, it is inconvenient and unwise that it should be
longer a part of the State of Texas ; and.

Whereas, 2d, In the opinion of this Convention it would be bet-
ter, both for the people of the State and for the people of the afore-
said counties, that such Territory should be formed ; therefore,

Be it resolved hy (he people of Texas iji Convention assetn-
bled, That the political jurisdiction over the said county of El Paso,
and the right of "Public Domain" therein, is hereby relinquished
to the United States of America ; provided, that the said United
States shall form a Territorial Government of which the county of El
Paso shall be a part.

Mr. Burnett withdrew the motion to lay upon the table.

Mr. Evans, of McLennan, offered the following substitute :

A DECLARATION.

Be it declared hy the Convention of the people of Texas :
Section 1. That the Governor of the State of Texas be, and he is
hereby authorized and requested to open negotiations with the Gov-
ernment of the United States for cession by sale, on the part of the
State of Texas, to the United States, of all that part of the territory
of Texas north and west of a line from the northwest corner of Har-
deman county to the mouth of the Pecos river ; provided, that no
cession or sale of said territory shall have effect until submitted to

RECONSTRUCTION CONVENTION JOURNAL. 759

and approved by tlie Legislature of Texas ; and provided, furtlier,
that the proceeds arising from any sale of said territory shall be ap-
plied to school pui'poses, and no other.

Sec. 2. That the sum of .$<5.000, or so much thereof as may be
necessary, be, and the same is heieby appropriated out of any money
in the treasury of the State of Texas not otlieiwise appropriated, ,
and placed subject to the warrant of the Governor, to enable him to
carry out the provisions of this declaration.

Sec. 3. The Governor shall have the authority to ap|X)int a com-
missioner or agent to assist him in the negotiation specified in sec-
tion one of this declaration.

Mr. Mills moved the previous question.

INJr. Patten moved a called cf the House.

Call sustained.

Absentees — Downing, Home, Oaks. Posey, Pedigo, Schuetze,
Vaughan, Slaughter, and Williams.

Mr. Slaughter was excused on account of sickness.

Mr. Bell moved a suspension of the call of the House.

Call suspended.

The question recurred, •' shall the main question be now jiut ?"

Main question ordered.

The question recurred upon the passage of the declaration.

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong, of Lamar. Boyd, Brown, Buffington,
Butler, Caldwell, Carter, Cole, Constant, 'Fayle, Flanagan, W.
Flanagan. Fleming, Foster, Gaston, Goddin, Harn, Johnson of Cal-
houn, Kealy, Kirk, Leib, Lindsay, McCormick, McWashington,
Mills, Muckleroy, Mundine, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Posey, Ruby, Scott, Smith of Galveston,
Smith of Marion, Stockbridge, Varnell, Watrcus, Wilsen of Brazoria,
Wright^iO.

Nays — !ilessrs. President, Armstrong of Jasper, Bell. Bh dsoe,
Board. Bryant of Grayson, Bryant of Harris, Burnett, Curtis,
Degener, Evans of McLennan, Harris, Home, Hunt, Johnsoi\ of
Harrison, Jordan, Keigwin, Kendal, Kuechler, Lippard, Mackey,
Morse, Munroe. Newcomb, Patten, Rogers, Schuetze, Sumner,
Tal''Ot, Thomas. Whitmore, Wilson of Milam, Yarborough — 33.

Decision by the chair suspended, to permit the sense of the Con-
vention being taken upon certain delegates voting.

Tlie yeas and nays were demanded upon a motion to permit Mr.
Butler to vote, and resulted thus :

Yeas — Messrs. President. Armstrong of Lamar, Boj-d, Brown,
Bryant of Harris, Buffington, Caldwell, Carter, Constant, Curtis,

760 RECONSTRUCTION CONVENTION JOURNAL.

Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Goddin.,
Hamilton of Travis, Harris, Harn, Home, Johnson Ot' Harrison,
Johnson of Calhoun, Kcaly, Kendal, Kuechler, Kirk, Leib, Lind-
say, Mackey, McCormick, McWashington, Mills, Muckleroy, Mun-
dine, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Posey, S^huetze, Scott, Smith of Galveston, Smith of Marion, Stock-
bridge, Sumner, Thomas, Varnell, Watrous, Wilson of Brazoria,
Wright— 50.

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board,
Bryant of Grayson, Burnett, Degener, Evans of McLennan, Hunt,
Jordan, Kcigwin. Lippard, Morse, Munroe, Newcomb, Patten,
Rogers, Ruby, Talbot, Whitmore, Wilson of Milam, Yarborough — 22.

So Mr. Butler was permitted to vote.

The yeas and nays were demanded upon the motion to permit Mr.
Vaughan to vote, and resulted thus:

Yeas — Messrs. President, Armstrong of Lamar, Boyd, Brown,
Bryant of Harris, Buffington, Caldwell, Carter, Constant, Curtis,,
Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, God-
din, Hamilton of Travis, Harn, Horne, Johnson of Harrison,
Johnson of Calhoun, Kealy, Kendal, Kirk, Leib, Lindsay,
Mackey, McCormick, McWashington, Mills, Muckleroy, Mun-
dine, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey,
Ruby, Schuetze, Scott, Smith of Galveston, Smith of Marion,
Stockbridge, Sumner, Thomas, Varnell, Vaughan, Watrous, Whit-
more, Willi;ims, Wilson of Brazoria, Wright— 51.

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board,
Bryant of Grayson, Burnett, Degener, Evans of McLennan, Harris,
Hunt, Jordan, Keigwin, Kuechler, Lippard, Morse, Munroe, New-
comb, Patten, Rogers, Talbot, Wilson of Milam, Yarborough — 22.

So Mr. Vauglian was permitted to vote.

The yeas and nays were demanded upon the motion to permit
Messrs. Downing, Oaks and Williams to vote, and resulted thus :

Yeas — Messrs. President, Armstrong, of Jasper, Armstrong
of Lamar, Bell, Bellinger, Boyd, Brown, Bryant of Grayson,
Brj^ant of Harris. Buffington, Butler, Burnett, Caldwell, Carter,
Constant, Curtis, Degener, Downing, Evans of McLennan, Flana-
gan, Fleming, Gaston, Goddin, Hamilton of Travis, Harris, Hunt,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keig-
win, Kendal, Keuchler, Leib, Lindsay. Lippard, Mackey, McCor-
mick, McWashington, Morse, Muckleroy, M undine, Munroe, New-
comb, Oaks, Patten, Pedigo, Phillips of San Augustine, Phillips
of Wharton, Posey, Rogers, Ruby, Schuetze, Smith of Galveston,
Smith of Marion, Sumner, Talbot, Thomas, Varnell, Vaughan,

RECONSTRUCTION CONVENTION JOURNAL. 761

Wliitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborougli — 6^.

Nays — Messrs. Board, Fajle, W. Flanagan, Foster, Ham, Home,
Mills, Scott— 8.

So the motion prevailed. ,

Upon the motion to finally adopt the resolution of the Com-
mittee on Federal Relations, the yeas and nays were demanded,
and resulted thus : ,

• Yeas — Messrs. Armstrong of Lamar, Boyd, Caldwell, Cole,
Constant, Fayle, Fleming, Foster, Goddin, Hiirn, Home, Johnson
of Harrison, Johnson of Calhoun, Kealy, Kirk, Lcib, Lindsay,
McCormiek, McWashington, Mills, Mundine, Pedigo, Phillips of
Wharton, Posey, Scott, Smith of Galveston, Smith of j\Iarion,
Stockbridge, Varnell, Watrous, Wilson of Brazoria, Wright — 32.

Nays -Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Board, Brown, Bryant of Grayson. Bryant of Harris, Burnett,
Carter, Curtis, Degener, Evans of McLennan, Flanagan, W.
Flanagan, Gaston, Harris, Hunt, Jordan, Keigwin, Kendal, Kuech-
ler, Li]"»pard, Mackey, Morse, Muckleroy, Munroe, Newoomb. Pat-
ten, Pliillips of San Augustine, Rogers, Ruby, Schuetze, Talbot,
Thomas, Whitmore, Wilson of Milam, Yarborough — 38.

So the Convention refused to adopt the resolution.

Mr. Burnett moved to reconsider the vote rejecting the report,
and to lay the motion to reconsider upon the table.

' J'pon which the yeas and nays were demanded and resulted
thus :

Yeas — ^Messrs. President, Armstrong of Jasper, Bell, Bledsoe
Board, Brown. Bryant of Grayson, Bryant of Harris, Buffington
Burnett, Carter, Curtis, Degener, Downing, Evans of IMcLennan
Harris, Hunt, Johnson of Harrison, Jordan, Keigwin, Kendal
Kueehler, Leib, Lippard, Mackey, Morse. Muckleroy, Munroe
Kewcomb, Oaks, Patten, Pliillips of San Augustine, Rogers
Schuetze. Smith of Galveston, Talbot, Thomas, Whitmore, Williams
Wilson of Milam, Y^arborough— 41.

Nays — Messrs. Armstrong of Lamar, Boyd, Butler, Caldwell
Constant, Fayle, Flanagan, W. Flanagan, Fleming. Foster, Gaston
Goddin, Hamilton of Travis, Ham, Johnson of Calhoun, Kealy
Kirk. Lindsay, McCormiek, McWasliington, ]\liils, oMundine. Pedigo
Phillips of Wharton, Posey, Scott, Smith of Marion. Stockbridge
Sumner, Varnell, Vaughan, Watrous, AVilson of Brazoria, Wright
- — o4.

So the Convention laid the motion to reconsider upon the table.

Mr. Caldwell asked leave of absence for Mr. McCormiek until
next Monday.

762 RECONSTRUCTION CONVENTION JOURNAL.

Carried.

Mr. Carter called up a declaration respecting cer.tain land laying
in what is called the " Memphis and El Paso Raili'oad Reserve.'
Mr. Armstrong, of Lamar, offered the following substitute :

DECLARATION.

"Whereas, on the 4th day;)f Febi'uarj, A. D. 1856, an act
entitled an act to incorporate the Memphis, El Paso and Paci^
Railroad Company was approved by the Governor ; and, whereas,
on the 25th day of August, 1856, the nineteenth section of said
act was amended and approved by the Governor ; and, wliereas, by
the said act and amendments aforesaid, a certain quantity of land per
mile was to be granted to said Memphis, El Paso and Pacific Rail-
road Company, upon the express condition that the said company
put in complete running order twenty miles of said road ; and,
whereas, a large quantity of certificates for land have been issued by
the Commissioner of the General Land Ofiice to said company, and
many patents have been issued thereon ; and whereas, it is believed
by tills Convention that said patents and certificates have been issued
in violation of the express provisions of said act ; therefore

Be it further resolved by this Convention ., Section 1. That
it shall be the duty of the Attorney General of the State of Texas
to prosecute suits in any court in this State having competent
jurisdiction, against said company, or any person or persons holding
any of said certificates or patents, for the purpose of having the
same canceled.

Sec. 2. And be it further declared, That all lands lying and
situated in the said Memphis, El Paso and Pacific Railroad reserve
shall not be subject to entry or location by any certificate or claim
heretofore issued by the State ; but the said lands lying in said
reserve, shall be subject to settlement by actual settlers, in
quantities not exceeding eighty acres.

Sec. 3. And be it further declared, That the Legislature shall,
at its first session after the adoption of this Constitution, pass laws
more clearly defining the rights of said pre-emption settlers on said
lands.

Sec. 4. And be it further declared, That no person who has
heretofore received a pre-emption or grant of land from the Republic
or State of Texas shall be entitled to the benefits of this ordinance.

Mr. Wright moved that both declarations be referred to a special
committee of three, with instructions to report to-morrow.
It was so referred.

RECONSTRUCTION CONVENTION JOURNAL. 768

Messrs. Burnett and Muuroe were excused.

Mr. Flmag-an moved to reconsider the vote referring the dechira-
tioT!!-' to the special committee.

Carried.

Mr. Degencr moved to mal<e the committee five instead of three.

Upon which the yeas and nays were demanded, and resulted
thus : ,

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington,
Carter, Cole, Constant, Curtis, Degener, Downing, Evans of
McLennan, Fayle, Flanagan, Fleming. Gaston, Hunt, Johnson of
Harrison, Jordan, Kealy, Keigwin. Kendal, Kuechlcr, Leib. Lindsay,
Lij)pard, Mackey, McWashington, Morse, ISluckleroy. Newcomb,
Oaks, Phillips of San Augustine, Phillips of Wharton, Rogers,
Buby, Schuetze, Smith of Galveston, Smith of Marion, Stock-
biidge, Sumner, Talbot, Tliomas, Varnell, Vaughan, Watvous,
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 55.

Nsbjs — Messrs. Bell, Bryant of Harris. Caldwell, W. Flanagan,
Foster, Hamilton of Ti-avis, Harris, Harn, McCormick, ^lundine,
Pedigo, Posey — 12.

So the motion prevailed.

The President announced the follow'ing gentlemen as the com-
mittee :

Messrs. Wright, Flanagan, Armstrong, of Jasper, Carter and
Fleming.

Mr. Bryant, of Grayson, offered the following resolution :

Be it resolced, That from and after this day, both the moiiiing
and evening sessions of this Convention shall be devoted exclusively
to the formation of a Constitution.

Mr. Flanagan moved to reject the resolution. .

Lpon which the yeas and nays were demanded and resulted
thus :

Yeas — Armstrong of Jasper, Bell, Buffington. Caldwell, Carter,
Cole, Evans of McLennan, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, Gaston, Goddin, Hamilton of Travis. Harris,
Harn, Hunt, Johnson of Han-ison, Jordan, Kuechler, McCormick,
Morse, Mundine, Pedigo, Phillips of San Augustine, Phillips of
Wharton, Schuetze, Smith of Galveston. Smith of Marion, Stock- '
bridge, Yarnell, Wilson of Brazoria — 38.

Nays — Messrs. President. Armstrong of Lamar. Bledsoe. Board,
Boyd, Brown, Bryant of Grayson, Bryant of Harris, Constant,

764 KECONSTRUCTION CONVENTION JOURNAL.

Curtis, Degener, Downing, Kealj, Keigwin, Kendal, Kii'k, Leib,
Lindsay, Lippard, Mackej, McWasbington, Muckleroj, Newcomb,
Oaks, Posej, Rogers, Ruby, Sumner, Talbot, Thomas, Vaughan,
"Watrous, Wliitraore, Williams, Wright, Yarborough — 36.

So the Convention refused to reject.

M ■. Samner moved that the rules be suspended to take up reso-
lution.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bledsoe, Board, Boyd, Bryant of
Grayson, Bryant of Harris^ Constant, Curtis, Dow^ning, Evans
of McLennan, Johnson of Harrison, Kealy, Keigwin, Kendal, Leib,
Lindsay, Lippard, Mackey, McWasbington, Newcomb, Oaks,
Rogers, Ruby, Sumner, Talbot, Thomas, Vaughan, Whitmore,
Williams, Wilson of Milam, Yarborough — 31.

Nays — Messrs. xVrmstrong of Jasper, Armstrong of Lamar,
Brown, Buffington, Caldwell, Carter, Cole, Fayle, Flanagan, W.
Flanagan, Fleming, Foster, Gaston, Goddin, Hamilton of Travis,
Harris, Harn, Hunt, Jordan, Kuechler, Kirk, McCormick, Morse,
M ndin-;^, Pedigo, Philli} s of San Augustine, Phillips, o^ Wharton,
Scuuetze, Smith of Galveston, Smith of Marion, Stockbridge,
Varnell, Wilson of Brazoria — 34.

So the Convention refused to suspend the rules.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL, AUSTIN, TEXAS,
August 18, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Fleming, from the Committee on Counties and County Boun-
daries, made the following report :

Committee Room,

August 17, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Counties and County Boundaries, to
whom was referred a memorial from certain citizens of Polk, Mont-

RECONSTRUCTION CONVENTION JOURNAL. 765

gomer;^, Walker and Liberty counties, praying that a new county
to be called the county of San Jacinto, be erected out of poitions
of tlie counties of Polk, Liberty, Montgomery and Walker, have
had the same under consideration, and a majority of the committee
believing that the proposed new county ought to be established, and
that it is necessary to the convenience of the people, that it should
be cstaldished, herewith report to the Convention the accompanying
declaration and ask its adoption by the Convention.

Your Committee would state that the only objection ui'ged from
any tjuarter to said new counties, comes from their chairman, who
refuses to assent to this report for the reason, that being the repre-
sentative in this Convention of Liberty county, he is unwilling to
consent to the partition of that county without some assurance that
the citizens thereof assent to its })artition.

All of which is respectfully submitted.

WM. H. FLEMING,
JACOB KUECHLER,
For the majority of the Committee.

Mr. Whitmore, from the Committee on General Provisions, made
the following reports :

Committee Room,
Austin, August 17, 1868.
Hon. E. J. DAVIS,

President of the Convention

Sir : Your committee have had under consideration a resolution
offered by Mr. Phillips, of Wharton, presented 10th of August,
18(38. requiring the Legislature to pass certain laws in relation to
the indelttedness of counties, towns, and corporations, have had the
same under consideration and request me to report tiie same, and
ask that it pass.

G. W. WHITMORE,

Chairman.

Hon. E. J. DAVIS,

President of the Convention

Committee Room,
Austin, August 17, 1868.

Sir ; Your committee have had a declaration under considera-
tion, offered by Mr. Wilson, of Brazoria, requiring the first Legis-

iQQ RECONSTRUCTION CONVENTION JOURNAL.

lature, after the adoption of this Constitution, to levy a specfal road
tax upon property, to build bridges and improve public roads, have
had the same under consideration, and request me to report the
same back and ask its passage.

G. W. WHITMORE,

Chairman.

Mr. Lindsay, from the Committee on Judiciary, made the follow-
ing reijoits :

Committee Room,
August 18, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on the Judiciary beg leave to report favor-
ably on a resolution in reference to making a section embodied in
said resolution, introduced by Mr. Foster, of Colorado, in reference
to mechanics' liens, a section in the Constitution ; and they recom-
mend that said section be made a section of the General Provisions
of the Constitution.

Respectfully,

L. LINDSAY,
Chairman, p?-o tern.

RESOLUTION.

Resolved that the following shall be a section of the Constitution.

Section — . Mechanics shall have a lien upon all articles of manu-
facture of every description made or repaired by them, for or on
account of any other person, for the reasonable and proper charges
which may be due them for said making or repairing, and for materi-
als furnished , and in addition to the right to retain possession of
said articles, until charges due thereon are paid, shall have power
and authority to sell any such articles at public auction, and appro-
priate the proceeds of said sale to the payment of said charges in all
cases where said articles are suffered to remain with said mechanic
for more than twenty days after said mechanic has given notice to
the owner, or person, for or on account of whom said articles were
made or repaired, of the fact that said article is ready to be delivered
upon the payment of charges, and the Legislature, at its first ses-

RECONSTRTJCTION CONVENTION JOURNAL. 7b7

sion, shrill pas8 such law or laws as may be necessary to carry out
tlic provisions of this section,

FOSTER,
\ » Of Colorado County.

The Judiciary Committee, to whom was referred the following
sections of the repoit of the Committee on General Provisions, (34,
40. 41, and 42,) report as follows thereon :

Sec. 34. All persons who are now living together, and cohabiting
as man and wife, shall be taken and held as lawfully married, to all
intents and purposes ; and their issue, and the issue of those who
have hei-etofore cohabited and lived together as husband and wife,
shall be taken and held as legitimate ; and the Legislature shall pro-
vide by law for the punishment of adultery and concu])inage.

Sec. 40. Limitations may be fixed by law to the recovery of obli-
gations for the payment of money or property ; provided, the party
ple;uling limitation shall first make affidavit that the demand has
already been paid.

Sec. 41. No limitation to the recovery of parol obligations for
money or personal property, shall be interposed by statute under
four years, or of written contracts under seven years from ma-
turity.

Sec. 42. The right of parties to the recovery of land in the pos-
session of adverse claimants, shall not be barred under fourteeu
years, and when the occupant is without title, legal or etjuitable, no
limit to the recovery of the rightful owner shall be interposed.

To the Hon. E. J. Davis,

President of the Constitutional Convention of the State of Texas:

Sir : The Judiciary Committee, to whom was referred sections
thirty-four, forty, forty-one and forty-two of the report of the Com-
mittee on General Provisions, after due consideration of the several
subjects involved in those sections, beg leave to make the following
re])ort :

In regard to section thirty four, they deem it both impolitic and
unwise to adopt it in the form in which it was presented. Instead
of [)romoting public and private morality, it would give a public
sanction to dissoluteness, and encourage licentiousness, rather than
put a wholesome restraint upon it. The toleration, l^y any act of
pu')iic authority, of an irregular and illegal mode of living, es-
pecially among the opposite sexes, is always followed by most disas-

768 JRECGNSTEUCIION CONVENTION JOURNAL.

trous consequences to society. The public authority in every social
system should studiously avoid even an apparent connivance at so
pernicious an example.

But, from the peculiar condition, but recently existing, of a very
large portion of our present citizenship, who, from no fault of their
own, were compelled to live in this irregular manner, some relief is
called for to repair an evil which was imposed upon them by a state
of force, and which was anavoidable without the possession of vir-
tues which do not commonly fall to the lot of humanity. The past
wrong and mischief should be repaired as far as practicable ; and
the whole civil polity of the State starting on a new career of moral-
ity and virtue, as we hope, from the adoption of this Constitution,
some provision should be engrafted upon it, to absolve that class of
our citizens from the evil consequences of their former forced and
abnormal relations. For this purpose, the committee recommend
the adoption of the following, as a substitute for section thirty-
four :

Section — . All persons who at any time heretofore lived togeth-
er as husband and wife, and both of whom, by the latv of bondage,
were precluded from the rights of matrimony, and continued to live
together until the death of one of the parties, shall be considered as
having be<^n legally married; and the issue of such cohabitation
shall he deemed legitimate. And all such persons as may be now
living together in such relations shall be considered as having been
legally raairied, and the children heretofore, or hereafter, born of
such cohabitations shall be deemed legitimate.

The committee are of the opinion that the subject embraced in
sections forty, forty-one and forty-two is properly, and ought to be
exclusively, of legislative cognizance. It is altogether a question
of State policy, and the policy of States necessarily changes with the
varying condition of the circumstances in the history of govern-
ments , and their powers on such subjects ought not to be trammel-
led on by an inexorable organic law. For these reasons they re-
commend that each of those sections be stricken out.

All of which is respectfully submitted,

L. LINDSAY,
Chairman, pro tern.

Mr. Butler introduced a report from the Committee on Peniten-
tiary, and asked that the reading be dispensed with, and printed.
Report withdrawn.
Mr. Whitmore offered .the following

RECONSTRUCTION CONVEiNTlON JOURNAL. 769

RESOLUTION,

Requesting Major General Reynolds to crciile a now judicial district
out of the Ninth and Fifteenth Judicial Districts of Texas.

Whereas, The necessities and conveniences of the people of tlie
Ninth and Fifteenth Judicial Districts of Texas demand special
terms of the District Court which cannot be held bj the judge
thereof, as the regular terms of said court (as the districts are now
constitutetl) i-equire the ofi&cial and regular services of said judges
nearly the wdiole of the year ; therefore, with the view of meeting
meeting the wants of the people in this behalf.

Be it resolved by the delegates of the peojile of Texas in
Convention assembled, Tliat Brevet Major General J. J. Rey-
nolds, commanding the Fifth Military District, comprising the State
of Texas, be and he is hereby respectfully requested to subdivide
the Ninth and Fifteenth Judicial Districts of the State of Texas,
and from said districts create a new judicial district, as follows, to
wit :

Houston, Nacogdoches and Anderson counties, from the Ninth
Judicial District, and Trinity and Angelina, from the Fifteenth
Distdct, to be called the Eighteenth Judicial District of Texas : and
appoint a judge and district attorney for said district; and authorize
and require said judge to hold one or more special terms (at least
one) of the District Court in each of said counties in each year, as
he may direct ; and that in case any of the courts of the pro-
posed new district conflict with each other, that the judge be author-
ized and required to postpone the regular term of the court of such
of said counties as may conflict, as he may direct.

Resolved, That a copy of this resolution, signed by the President
and Secretary of this Convention, be iorwarded to Major General
Reynolds, through the office of His Excellency E, M. Pease, Pro-
visional Governor of Texas.

Mr. Munroe asked that the rules be suspended to take up declar-
ation.

Rules not suspended.

Mr. Degener asked leave to introduce the following report from
the special committee appointed to consider the railroad subjects be-
fore the Convention :
49

770 RECO^'STRtlCTION" CONVENTION JOURNAL,

REPORT 'OF THE SELECT COMMITTEE ON RAIL-
ROADS.

Committee Room,

August 18, 1868.
Hon. E. J. DAVIS,

President of the Convention:

Sir: Your select committee, to whom was referred all matter
appertaining to the sale of certain railroads, which are indebted to
the school fund of this SL;ite, have duly considered the documents
referred to them, and a majority of the committee has instructed me
to repoi't the following preamble and resolution.
All of which is most respectfully submitted.

E. DEGENER,

Chairman.

Whereas, Certain railroads in the State of Texas are indebted
to the school fund of Texas for money borrowed therefrom, under

the act of the Legislature of Texas of the day of , 1856,

commonly called the loan bill, and for the payment of which the
State, as trustee, holds a first mortgage upon the roads, etc., with
power of sale.

Be it declared^ That the Governor of the State of Texas be and
and he is hereby authorized and required to collect said indebtedness
from each of said roads, by selling the same, if necessary, accoi'd-
ing to the provisions of the law under which said money was loaned;
provided, that whatever amounts may be claimed to have been paid
by said roads in Texas treasury warrants, created for the purpose of
carrying on war against the United States, shall not be deemed pay-
ments, unless so decided by the Supreme Court of Texas, upon a
writ of injunction to be sued out by the company or companies from
whom such credits are now exacted : and provided further, that if
no l)idder at the sale of said roads shall bid a ^-um equal to the
full amount Avhich said road shall owe the State, less the credit
claimed by said company on account of so-cilled payments in treas-
ury Avarrants, and take the road subject to the lien that may exist,
if the Supreme Court of Texas should decide said pretended pay-
ments in treasury warrants to have been null and void, then the Gov-
ernor shall buy the same on account of the State, and may resell the
same, either at private or public sale, if he is offered the sum of
indebtedness in coin, or its equivalent in United States currency, of
each of said roads, except the Houston Tap and Brazoria Railroad,
which he may resell for the largest sum he may get.

RECONSTRUCTION CONVENTION JOURNAL. 771

INTr. Goddin moved that Mr. Armstrong of Lamar be added to
Committee on Counties and County Boundaries.

The President announced the fbllovving communication from his
excellency E. M. Pease, respecting the Penitentiary, and ordeicd it
to be read :

Executive Office,
Austin, Texas, August 18, 1868.

Hon. E. J. DAVIS,

President of the Convention :

Sir: I beg leave to call the attention of the Convention to the
propriety of passing an ordinance autliorizing the Provisional (iuv-
ernor, with the approval of the Commanding General of the Fifth
Military District, to lease the State Penitentiary, with the labor of
the convicts, for a term of years.

The Penitentiary went into operation about the first of January,
1849, and up to the present time there has been paid from the State
Treasury, for its construction and support, the sum of three hun-
dred and fifty -five thousand seven hundred and twenty-six dollars
and twenty-five cents, and there are estimated to be debts outstand-
ing against the institution to the amount of about fifty thousand dol-
lars. During a large portion of this time the number of convicts
did not exceed one hundred and fifty, but they now number about
three hundred and sixty, and are increasing.

No money has ever been paid into the State Treasury from the
labor of the convicts, with the exception of some Confederate money
received in payment for goods manufactured during the rebellion,
which was paid in at a time when it was almost valueless.

During the rebellion, when cotton and wool could be bouglit at
nominal prices, and manufactured goods were sold at almost fabulous
prices, the Penitentiary was mainly supported 'with the earnings
from the labor of the convicts in making cotton and woolen goods,
and a considerable stock of cotton and wool was accumulated which
was turned over to the financial agent appointed by Governor Ham-
ilton.

During the time of Governor Hamilton's Provisional Govern-
ment, manufactured goods sold readily at high prices, and the Peni-
tentiary made money ; and when it was turned over, about the fourth
of September, 1866, to the financial agent appointed by Governor
Throckmorton, there was on hand a stock of goods, materials and
money, amounting to about eighty thousand dollars in specie, over
and above all outstanding debts.

772 " RECONSTRUCTION CONVENTION JOURNAL,

This agent continued to manage its affairs until about the 3d of
January, 186S, a period of sixteen months, when it was turned over
to the present financial agent, with only about nineteen hundred
dollars worth of goods, very few materials, and no money, with debts
outstanding supposed to be not far from forty thousand dollars in
specie. Having used in its management, during this period, about
one hundred and twenty thousand dollars, in goods, materials, money
and credits, of specie value, besides the labor of the convicts.

The present financial agent was appointed on the 4th of Novem-
ber, 1868, but owing to the epidemic then prevailing at Huntsville,
he was not able to qualify and enter upon his duties until about
the 3d of January, 1868. His administration has been embarrassed
for want of means, having, as before stated, but about nineteen hun-
dred dollars worth of goods, very few materials, and no money on
hand when he commenced, and having had to pay about four thousand
dollars for machinery, that had been ordered but not paid for by his
predecessor.

The Penitentiary continued to manufacture goods at a small profit
until about the 5th of June last, when the price of cotton becam.e so
high tliat no profit could be made from the manufacture of the style
of cotton goods for which the machinery was adapted, and the fac-
tory was stopped. Since that time, besides carrying on the various
workshops, a large number of the convicts have been employed in
making brick for the purpose of putting up additional buildings and
cells which are needed for the accommodation of the present in-
creased number of convicts.

There has been drawn from the State Treasury for the support
of the Penitentiary, since the 1st of January, 1868, about the sum
of fourteen thousand dollars, in currency, and it will probably re-
quire an additional amount of about twenty thousand dollars, in cur-
rency, for its support until the 1st of October next.

The trial that was made under the administration of my prede-
cessor to employ a portion of the convicts upon railroads was not
successful. The contractors failed to make the payments due under
their contracts after a few months. Quitq a number of the convicts
thus employed made their escape, and many were killed and wounded
in trying to escape. These results induced an abandonment of the
project, and the convicts were returned to the Penitentiary.

The machinery nov/ at the Penitentiary is not sufficient to employ
much more than half of the convicts that are now under sentence,
and the small profit made in manufiicturing goods since the 3d of
September, 1866, does not seem to warrant a continuance of the
business by the State.

It is, however, believed that under the management of Individ-

RECONSTRUCTION CONVENTION JOURNAL. 773

uals, who might procure other machinery suitable to different manu-
factures, in addition to tliose now carried on, and who could manage
such business witli more skill and economy than it can be by the
State, a considerable profit might be made tVum the labor of" the coji-
victs. They could, at least, save the commissions and charges here-
tofore paid to agents on the sale of the goods, by doing this business
themselves, and this alone would afford them a handsome profit.

I have every reason to believe that if a lease of the Penitentiary,
with the labor of the convicts, were offered to the highest and best
bidder, for a terra of not less than five, nor more than ten years, un-
der the conditions and limitations contained in the ordinance here-
with submitted for your consideration, persons would take this lease
and undertake to pay all the expenses of the institution, and pei*-
haps something more. By making snch a lease the State would be
doing better than it has done under the management of the institu-
tion through its own agents and officers ; aud I respectfully recom-
mend that the experiment be tried.

E. M. PEASE.

DECLARATION.

A Declaration authorizing the Governor to lease the State Peni-
tentiary.

Section 1. It is hereby declared by the people of Texas in Con-
vention assembled, That the Provisional Governor of the State is
hereby authorized and required to lease the State Penitentiary, with
the labor of the convicts, for a term of not less than five years, i.or
more than ten years, upon the conditions and limitations hereinafter
named.

The Penitentiary shall continue to be managed according to the
present or future laws of the State, except that the office and duties
of the financial agent, his book-keeper and clerk, shall be dis-
pensed with : and except, also, that the lessee or lessees shall have
the right to direct what particular kind of lal»or the convicts shall
be employed in, but they shall not employ such labor at any other
place than the Penitentiary. The lessee or lessees shall furnish
everything that is necessary for the support and maintenance of the
Penitentiary and convicts therein imprisoned, including the salaries
of the officers and employes, which shall be paid quarterly, and the
amount required to lie paid to convicts on their discharge. They
shall, also, keep the buildings in good repair, and shall construct
such additional buildings and cells as in the opinion of the directors
and superintendent may be necessary for the accommodation oi the

774 RECONSTRUCTION CONVENTION JOURNAL.

officers, emplojes and convicts, which shall be ot durable materials,
similar in style, and equal in quantity to the present buildings and
cells ; and they may, with the approval of the directors, erect such
otiier walls and buildings, and make such changes and alterations in
the present machinery, and procure such other machinery as they
may deem necessary for the profitable employment of the convicts.

The lessee or lessees shall have the use of all lands, buihlings,
machinery, tools and other property belonging to the Penitentiary,
which are destined or used for the labor of the convicts, subject,
however, to all laws that have been, or may hereafter be enacted
for the government and police of the Penitentiary, They shall
have the right to introduce into the Penitentiary such skilled labor
as they may think necessary to direct the labor of the convicts, and
give efficiency thereto. An inventory and valuation of tlie mate-
rials, machinery and property of every description, now belonging
to the Penitentiary, except the land and buildings, shall be made
by appraisers, one of whom shall be appointed by the Governor,
and the other by the lessee or lessees, with the right on the
part of said appraisers to appoint an umpire, in case they cannot
agree ; which property shall be receipted for by the lessee or lessees
at its valuation. At the expiration of the lease, a like inventory
and valuation shall be made in the same manner of all the materials,
machinery and property of every description then in use at the
Penitentiary, including all new walls, buildings and cells that may
have been constructed by the lessee or lessees under the sanction of
the directors, but excluding the land and present buildings. At
the expiration of the lease the lessee or lessees shall be bound to
have all the walls, buildings and machinery in good repair, and
shall deliver them to the State in that condition, and the State shall
be bound to pay them whatever excess there may be m the valuation
of the materials, machinery and property, including any nevf walls,
buildings and cells erected by them, which they may deliver to the
State, over and above the value of the property received from the
State at the commencement of their lease. Whatever amount the
lessee or lessees may agree to pay the State for said lease beyond
the obligations herein required of them, shall be promptly paid ac-
cording to the terms of the agreement.

The lessee or lessees shall be required to execute and deliver to
the Governor a bond, with security, to be approved by him, payable
to the State of Texas, in the sum of fifty thousand dollars, condi-
tioned for the faithful performance of the terms of their lease.

The State of Texas, by the Governor or Legislature, shall have
the right to terminate said lease, if at any time the lessee or leasees
shall fail to comply with their obligations under the same.

RECONSTRUCTION CONVENTION JOURNAL, 775

Sec. 2. The Commanding General of the Fifth Military Dis-
trict is retiuested to approve this declaration, and to authorize the
Penitentiary to be leased in accordance therewith; and the Gover-
nor shall be empowered to insert such other terms in the contract
as he may* deem of interest to the State, which shall conflict with
the rules herein provided.

^Ir. Caldwell moved that the communication and declaration be
referred to a select committee of five, vrith instructions to report
immediately.

The Piesident appointed Messrs. Caldwell, Butler, Patten, Bur-
nett and Ruby as the Committee called for by the resolution.

The President announced the business in order was upon the
report* of the Committee on General Provisions.

Mr. Buffinfrtou moved that the report of the Committee on Judi-
ciary on section thirty-four be considered.

Carried.

Mr. Wright moved the adoption of section thirty-four as reported
from the committee.

Upon -^vhich the yeas and nays wxre demanded and resulted
thus :

Teas — ^lessrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Buffington,
Burnett, Caldwell, Carter, Cole, Constant, Curtis, Downing, Evans
of McLennan, Flanagan, AY. Flanagan, Fayle, Fleming. Foster,
Grigsby, Hamilton of Travis, Home, Hunt, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kueciiler,
Leib. Lindsay, Mackey, McCormick, McAVashington, Mills, Morse,
]Muckleroy, Mundine, ^Slunroe, Newcomb, Oaks, Pcdigo, Phillips of
San Augustine, Posey, Rogers, Schuetze, Scott, Slaughter, Smith
of Galveston, Smith of Marion, Stockbridge, Talbot, Thomas, Var-
nell. Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam, Wright — Qij.

Nays — Messrs. President, Harris, Harn, Kirk — i.

So the substitute was agreed to.

Mr. Newcomb offered the follovring amendment :

"And enabling all children born out of wedlock to inherit a just
proportion of the property of their fathers and mothers, also com-
pelling the parents of such children provide for their support and
educition until of age."

Mr. Burnett moved the previous question upon the adoption of

For report see page 236,

7T6 KECONSTRUCTION CONVENTION JOURNAL,

the substitute for section thirtj-four, as reported by the Committee
on Judiciarj.

Previous question seconded.

The question recurring : " Shall the main question be now put?""
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, Bry--
ant of Grayson, Buffi ngton, Butler, Burnett, Carter, Cole, Constant^
Fayle, Flanagan, W.Flanagan, Fleming, Gaston, Hamilton of Travis,
Harris, Harn, Home, Johnson of Calhoun, Kealy, Keigwin, Kirk,.
Leib, Lindsay, Mackey, ?tIcCormick, McWashington, Morse, Muck-
le:oy, Mundine, Munroe, Pedigo, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Rogers, Slaughter, Stockbridge, Talbot^
Varnell,Vaughan, Whitmore, Wilson of Brazoria, Wilson of Milaniy
Wright— 47.

Nays — Messrs. President, Armstrong of Lamar, Brown, Bryant
of Harris, Curtis, Degener, Downing, Evans of McLennan, Foster,
Goddin, Hunt, Johnson of Harrison, Jordan, Kendal, Kuechler,
Lippard, Long, Newcomb, Oaks, Patten, Ruby, Schuetze, Scott.
Smith of Galveston, Smith of Marion, Thomas, Watrous, Williams,
Yarborough — 29.

So the main question was ordered.

The question recurring upon the adoption of section thirty-four,,
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Brown, Bryant of Grayson, Buffington, Burnett,
Carter, Cole, Constant, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Gaston, Goddin, Hamilton of Travis, Harn, Home, John-
son of Calhoun, Kealy, Keigwin, Kirk, Leib, Lindsay, Mackey,
McCormick, McWashington, Morse, Muckleroy, Mundine, Munroe,
Pedigo, Phillips of San Augustine, Phillips, of Wharton, Posey,
Rogers, Scott, Slaughter, Smith of Galveston, Stockbridge, Sum-
ner, Talbot, Thomas, Varnell, Yaughan, Watrous, Whitmore, Wil-
son of Brazoria, Wilson of Milam, VYright — 54.

Nays — Messrs. President, Bledsoe, .Bryant of Harris, Butler^
Curtis, Degener, Downing, Harris, Hunt, Johnson of Harrison,
Jordan, Kendal, Kuechler, Lippard, Long, Newcomb, Oaks, Patten,
Ruby, Schuetze, Smith of Marion, Williams, Yarborough — 23.

So the substitute, as reported from the Judiciary Committee, Avas
adopted as section thirty-four of the General Provisions.

Mr. Flanagan moved the adoption of the report of the Judiciary
Committee upon sections forty, forty-one and forty -two.

Carried.

Mr." Hamilton, of Travis, moved to strike out section forty-
three.

RECONSTRUCTION CONVENTION JOURNAL. 777

Mr. Schuetze moved a cull of the House.

C;ill snst.iiued.

I^Tr. Caldwell moved a suspension of the call.

Curried.

Mr. Caldwell asked leave of absence for Mr. Mills, indefinitely.

Leave granted.

The question recurred upon the motion to strike out section forty-
three.

Cpon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bledsoe, Bryant
of Harris. Buffington, Butler, Burnett, Cakhvell, Carter, Constant,
Curtis, Downing, Evans of McLennan, Fayle, Flanagan, Foster,
Goddin, Giigsby, Hamilton of Travis, Ham, Hunt, Johnson of
Hai-rison, .Jordan, Kendal, Leib, Lindsay, Lippard, McCorniick,
McWashingion, Mundine, Munroe, Newcumb, Oaks, Patten, Phil-
lil)S of Wharton, Rogers, Ruby, Scott, Smith of Galveston, Smith
of Marion, Sumner, Talbot, Watrous, Whitmore, Williams, Wilson
of Brazoria, Wright, Yarborougli — i8.

Nays — I\Iessrs. Armstrong of Lamar, Bell, Board, Boyd, Brown,
Cole, Degener, Fleming, Harris, Home, Johnson of Calhoun, Kealy,
Keigwin, Kuecliler, Kirk, Long, Mackey, Moise, Muckleroy, Phil-
lips of San Augustine, Schuetze, Stockbridge, Thomas, Yarnell,
Yaughan, Wilson of Milam — 26.

So the section was struck out.

Mr. Shuctze offered the following as a new section.

No member of the Lcj-islature who is a minister of the gospel
shall have a vote in ecclesiastical matter.i, touching the rights, priv-
ileges, or views of any particular sect or denomination, or the rights
of conscience in matters of religion.

Mr. Flanagan moved to lay the section upon the the table.

Mr. Shuetze moved a call of the House.

Call sustai'aod.

(_)n motion the Convention adjourned until four o'clock this after-
noon.

AFTERNOON SESSION — FOUR 0 CLOCK.

Convention met pursuant to adjoui-nment.

Roll called. Quorum present.

^Ir. Cole, under the rules, called up the resolution requesting
Major General J. J. Reynolds to subdivide the Ninth and Fifteenth
Judicial Districts, and create the Eighteenth Judicial District.

778 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Armstrong, of Jasper, moved to lay the resolution upon tlie
table.

Upon which the yeas and najs were called, and resulted
thus :

?eas — Messrs. Armstrong of Jasper, Bledsoe, Board, Boyd, Cole,
Constant, Flanagan, W. Flanagan, Harris, Harn, Home, Keigwin,
Kirk, Morse, Muckleroy, Posey, Wilson of Milam, Yarborough —
18.

Nays — Messrs. President, Armstrong of Lamar, Bell, Brown,
Bryant of Grayson, Bryant of Harris, Buffington, Butler, Burnett,
Caldwell, Carter, Curtis, Degener, Downing, Evans of McLennan,
Fayle, Fleming, Foster, Goddin,Grigsby, Hamilton of Travis, Hunt,
Johnson of Harrison, Johnson of Caliioun, Jordan, Kealy, Kendal,
Kuechler, Leib, Lindsay, Lippard, Long, Mackey, McCormiek,
Mc Washington, Mundine, Munroe, Newcomb, Oaks, Patten, Pedigo,
Phillips of San Augustine, Ph.illips of Wharton, Rogers, Rulty,
Schuctze, Scott, Slaughter, Smith of Galveston, Smith of Marion,
Stockbridge, Sumner, Talbot, Thomas, Varnell, Yaughan, Watrous,
Whitmore, Williams, Wilson o[ Brazoria, Wright — 61.

So the Convention refused to lay the resolution upon the table.

The question recurred upon the adoption o' the resolution :

It was adopted.

Mr. Slaughter moved a suspension of rules to put resolution upon
its final passage.

Rules suspended.

Resolution read third time, and passed.

Mr. Caldwell called up the ieport of the select Committee on
Railroads.

Mr. Caldwell offered the original report of the Committee on In-
ternal Improvements, as a substitute to the report of the select com-
mittee.

Mr. Flanagan moved to adjourn until eight o'clock, this even-
ing.

Mr. Degener moved to make the report the special order for to-
morrow afternoon.

Carried.

On motion the Convention adjourne"d until to-morrow morning,
at nine o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 779

CAPITOL, AUSTIN. TEXAS,

August 19, 1868.

Convention met pursuant to adjournment.
' Koll called. Quorum present. Prajer bj the Cliaplain. Jour-
nal of yesterday read and adopted.

Mr. Pedigo, Chairman of the Committee on Counties and County
Boundaries, made the following report :

CoMJiiTTEE Room,
Austin, Texas, August 18, 18tx8.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on Counties and County Boundaries, to
whom was referred a memorial from certain citizens of Wood. Hop-
kins, Hunt and Van Zandt counties, praying the establishment of a
new county, to be called the county of Raines, out of portions of the
territory of said counties of Wood, Hopkins, Hunt and Van Zandt,
have had the same under consideration, and a majority of tlic com-
mittee have instructed me to report the accompanying declaiatiou
creating the county of Raines, to the Convention, and recommend its
adoption.

AH of which is respectfully submitted.

H. C. PEDIGO,

Chairman.

Mr. McCormick, from the Committee on Contingent Expenses,
offered the following report and accompanying declaration :

Committee Room,
Austin, August 19, 18G8.
To the Hon. E. J. DAVIS,

President of the Constitutional Convention :

Sir : The Committee on Contingent Expenses have instructed me
to report the accompanying resolution, asking the Commander of the
Fifth Military District to approve that part ot the decUration here-
tofore passed l^y the Convention, making an appropriation of one
hundred and twenty-five thousand dollars for the expenses of the
Convention, which tiiiled to secure the approval of the commander of
said ilistrict when said declaration was passed.

780 RECOlSrSTRUCTION CONVENTION JOURNAL.

The committee are informed that so much of the appropriation
that was so approved is already exhaiusted, and that the balance of
said appropriation, to-wit, the sum of tAventj-five thousand dollars,
will be sufficient to meet the expenses of the present session of the
Convention.

' The committee therefore respectfullj recommend the passage of the
accompanying resolution.

A. P. Mccormick.

Whereas, The declaration passed the Convention on the

day of June, 1868, making an appropriation of the sum of one hun-
dred and tvfenty-five thousand dollars for the per diem pay and
mileage of the members of the Convention, and for the per diem pay
of the ojficers, and for the printing and contingent expenses of the
Convention, was only approved to the extent of one hundred thou-
sand dollars by the Commander of the Fifth Military District ; and

Whereas, The said sum of one hundred thousand dollars is ex-
hausted, and the labors of the Convention are no-t yet completed",
therefore,

Be it resolved by the delegates of the people of Texas in
Convention assembled^ That the Commander of the Fifth Military
District be and ho is hereby, respectfully requested to make his order
approving the remainder of said appropriation, and authorizing the
Comptroller to draw upon the Treasurer for said balance of twenty-
five thousand dollars, or so much thereof as may be necessary, to
meet the per diem pa.y and mileage of the members, and the print-
ing and contingent expenses of the Convention, in the same manner
and on the same terms as to vouchers, on which the one hundred
thousand dollars was ordered to be paid.

Mr. McCormick moved a suspension of the rules for consideration
of the resolution.

Upon which the yeas and nays were demanded and resulted
thus :

_ Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Brown, Bryant of Grayson, " Buffington, Butler,
Burnett, Caldwell, Carter, Constant, Curtis, Downing, Fayle, W.
Flanagan, Fleming, Foster, Goddin, Giigsby, Hamilton of Travis,
Harris, Huntj Johnson of Calhoun, Jordan, Kealy, Keigwin, Ken-
dal, Keuchler, Kirk, Lindsay, Lippard, Mackey, McCormick, Mc-
Washington, Mundine, Mutu'oe, Pedigo, Rogers, Schuetze, Scott,
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge, Sum-
ner. Talhot, Varnell, Vaughan, Watrous, Williams, ^Vilson of Bra-
zoria, Wilson of Milam, Wright — 55.

RECONSTRUCTION CONVENTION JOURNAL. 781

Nays — INIcssrs. President, Bledsoe, Cole, Degcner, Gaston, Harn,
Long, Morse, ]\Tuckleroy, Newcomb, Oaks, Patten, Thomas, Whit-
more, Yarborougii — 15.

So the rules wore suspended.

Resolution read second time and agreed to.

ISlr. Smith of Galveston moved that the rules be further suspen-
ded to put resolution on its passage.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar. Bell, Bledsoe, Board, Boyd,
BroAvn, Bryant of Grayson, Buffington, Butler, Burnett, Caldwell,
Carter, Constant, Curtis, Downing, Fayle, Flanagan, \V. Flanagan,
Fleming, Foster, Gaston, Goddin, Grigsby, Hamilton of Travis,
Harris, Harn, Hunt, Johnson of Harrison, Johnson of Calhoun,
Kealy, Keigvrin, Kendal, Keuchler. Kirk, Lindsay, Lippard, Long,
Mackey, McCoi'mick, Me Washington, Mundine, Munroe,^ Pedigo,
Rogers, Schuetze, Scott, Slaughter, Smith of Galveston, Stockbridge,
Talbot, A^'arnell, Vaughan, Watrous, Wilson of Brazoria, Williams,
Wilson of Milam, Wright— 54.

Nays — Messrs. President, Armstrong of Jasper, Bryant of Har-
ris, Cole, Degener, Evans of McLennan, Gaston, Leib, Morse,
Muckleroy', Newcomb, Oaks, Patten, Smith of Marion, Sunrner,
Thomas, Whitmore, Yarborough — 18.

So the Convention refused to suspend the rules, four-fifths not
voting in the affirmative.

Mr. Hunt, from the Committee, made the following report, vrith
accompanying declaration :

Committee Room,
Austin, August 18. 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir: Your Committee on State Affairs, to whom was referred a
declaration offered by Mr. Armstrong of Jasper, asking for tiie re-
linquishment of the State tax of Jefferson county for the year 18o8,
for the purpose of repairing the courthouse of said county, have had
the. same under consideration, and from the facts presented believe
the relief sought should be granted, and to this end report the ac-
companying substitute in place of the original declaration, and ask
that it be adopted.

H. C. HUNT,

Chairman pro tem.

7S2 RECONSTRUCTION CONVENTION JOURNAL.

A DECLARATION

Relinquishing the ad valoreu State tax of the count j of Jefferson
for the jear 1868.

Section 1. Be it declared by the jjeople of Texas in Con-
venlion assembled^ That Brevet Major General J. J. Reynolds,
Commanding the Fifth Military District, be, and he is herelty re-
quested to relinquish to the county of Jefferson eight hundred and
twenty- me dollars and sixty-nine cents, the same being the ad valo-
rem tax of said county, assessed for the year 1868, to be used in
repairing the courthouse ot said county, recently damaged by light>-
iiing.

Mr. Armstrong, of Jasper, moved a suspension of the rules for
the consideration of this declaration.

Upon which the yeas and nays were demanded ,ane resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Brown, Buffington, Burnett, Caldwell, Carter,
Constant, Degener, Downing, Evans of McLennan, Fayle, Flanagan,
Foster, Gaston, Goddin, Grigsby, Hamilton of Travis, Harn, Home,
Hunt, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk,
Leib, Lindsay, Lippard, Long, McCormick, Mc Washington, Morse,
Muckleroy, Mandi le, Newcomb, Oaks, Patten, Pedigo, Phillips of
San Augustine, Posey, Schuetze, Scott, Slaughter, Stockbridge,
Talbot, Thomas, Varnell, Watrous, Whitmore, Wilson of Brazoria,
Wilson of Milam, Wright— 58.

Nays — Messrs. President, Bryant of Harris, Curtis, Fleming,
Harris, Rogers, Ruby, Sumner, Yarborough — 9.

Rules suspended.

Resolution read and agreed to.

Upon motion, the rules were further suspended.

Resolution read and adopted.

Mr. Caldwell, from the special committee to whom was referred
a communication and declaration of Governor E. M. Pease,*
respcv-jting the State Penitentiary, made the following majority
report :

Hon. E. J. DAVIS,

President of Convention :
The special committee to whom was referred the Governor's

*For communicalion and declaration see yesterday's proceedings.

RECONSTRUCTION CONVENTION JOURNAL. 783

mossagc touching the Penitentiary, have instructed me to report the
declaration accompanying the message back to the House, and
recommend its passage, with the following amendment :

CALDWELL,

Chairman.

That the first clause of the declaration shall read as follows :
That the Provisional Governor of the State is hereby authorized
and lequired, without unnecessary delay, to lease the State Peniten-
tiary, with the labor of the convicts, for a period of not less than
five nor more than ten years, to any suitable person or persons
who may be competent to hold office under tlie Fourteenth Amend-
ment of the Constitution of the United States : the said lease to be
upon the conditions and liabilities heremafter named.

CALDWELL,

Chairman.

Mr. Burnett made the following minority report :

Austin, Texas, August 19, 1868.
Hon. E. J. DAYIS,

President of the Convention ;

Sir : The undersigned, one of the special committee to which
was referred the Governor's mes.safre in reference to the leasing; of
the State Penitentiary, while he is favorable to the passage of the
ordinance or declai'ation proposed by his Excellency, yet opposed in
the committee, and Uow dissents from the amendment proposed by
the committee to the effect that persons who may not be competent
to hold office under the Fourteenth iVmendment of the Constitution
of tlie United States, shall be precluded from bidding for the lease.

I regard the matter of the lease as a question simply of business
and individual enterprise, and doubt the justice or propriety of
restricting competition to those who are not registered voters. I do
not believe that it was contemplated by the adoption of the Four-
teenth Amendment that the disabilities imposed should impair or
aff.'Ct the social or business relations of the citizen, but solely the
political rights of those who came within its provisions.

The lessee or lessees would, of course, be bound to comply with
the terms of the lease in their spirit and letter, and if this were
done, it would seem to be a matter of little consequence whether he
or they were not competent to hold office, especially when it is
remembered that the disabilities imposed by the Fourteenth Amend-
ment are hoped to be only temporary. Again, the Governor did not

784 EECONSTRUCTION CONVENTION JOURNAL.

see fit to recommend that the bidders should be thus restricted, and
it is "well known that there are many lojal men in our State who
are precluded from holding office, as the report of the Committee on
Political Disabilities will bear witness.

I therefore respectfully recommend that the proposed amendment
be lot a<3-reed to, and that the ordinance or declaration as it stands
be adopted.

Very resDectfully,

JAMES R. BURNETT.

IMr, Caldwell moved a suspension of the rules to take up declara-
tion.

The Convention refused to suspend the rules.

Mr. Smith, of Galveston, offered the following resolution :

Resolved, That henceforth, until this Convention may take recess,
it shall not be in order for more than one speech to be made on each
side of any main question ; and all other speeches shall be limited
to five minutes, and hereafter the yeas and nays shall not be called
except on the main question.

Mr. Smith moved that the rules be suspended for consideration of
the resolution.

The Convention refused to suspend the rules.
Mr. Kirk offered the following

DECLARATION.

A resolution requesting the Commanding Officer of this district to
■ • order the relinquishment of the State tax assessed for the year
A. D. 1868, in the county of Erath, to said county, for the pur-
pose of supplying all the records of said county, which were
recently destroyed by fire.

Be it ordained mid declared by the people of Texas in Con-
vention assembled :

That Brevet Major-General J. J. Reynolds, commanding the
Fifth Miiitai-y District, be respectfully requested to order the relin-
quishment, to the county of Erath, of the State tax assessed in said
county for the present year A. D. 1868, for the purpose of supply-
ing all the records of said county recently destroyed by fire.

Referred to the Committee on State Affairs.
Mr. Patten offered the following resolution :

RECONSTRUCTION CONVENTION JOURNAL. 785

Resolved, That tliis Convention take a recess from Saturday,
twenty-second of August, at twelve o'clock, to first Monday in
January next.

Mr. Patten moved that the rules be suspended for consideration
of the resolution.

The Convention refused to suspend the rules.

Mr. Armstrong of Lamar offered the following resolution :

Resolved, That all reports and resolutions hereafter made or
offered shall be presented to the Convention at its afternoon session,
and that after the reading of the journals, each morning, the Con-
vention shall proceed at once to the consideration of the business of
forming a constitution.

Mr. Burnett moved that the rules be suspended to take up the
resolution.

Rules suspended.

The (juestion recurred upon the adoption of the resolution.

It was adopted.

The President announced that the business in order was the
report of the Committee on General Provisions,* and upon the ques-
tion to lay the substitute of Mr. Schuetze to section forty-three upon
the table.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bledsoe, Board. Bryant of Harris,
BuiEngton, Burnett, Caldwell, Carter, Constant, Fayle. Flanagan,
W. Flanagan, Grigsby. Hamilton of Travis, Harn, Hunt, Johnson
of Harrison, Jordan, Kendal, Leib, Lindsay, Lippard, McCormick,
McWashington, Muckleroy, Munroe, Newcomb, Oaks, Phillips of
Wliarton, Posey, Rogers, Schuetze, Scott, Slaughter, Smith of
Galveston, Sumner, Talbot, Watrous, Whitmore, Williams, Wilson
of Brazoria, Wright — 42.

Nays — Messrs. Armstrong of Jasper, Bell, Boyd. Brown,
Bryant of Grayson, Cole, Degener, Downing, Evans of ^McLennan,
Fleming, Foster, Gaston, Harris, Home, Johnson of Calhoun,
Kealy, Keigwin, Kuechler, Long, Mackey, Morse, Mundine,
Phillips of San Augustine, Stockbridge, Varnell, Wilson of Milam,
Yarborough — 27.

So the substitute was laid upon the table.

Mr. Bryant of Grayson offered the following sulistitute for section
forty-three :

* For report, see page 236.

786 RECONSTRUCTION CONVENTION JOURNAL.

No minister of the Gospel, or priest of any denomination what-
ever, who accepts a seat in the Legislature as Representative, shall,
after such acceptance, be allowed to claim exemption from military
service, road duty, or serving on juries by reason of his said pro-
fession.

Mr. Flanagan moved to lay the substitute upon the table.

Motion withdrawn.

Mr. Smith of Galveston moved to lay the substitute upon the
table.

The Convention refused to lay the substitute upon the table.

The question recurred upon the adoption of the substitute for sec-
tion forty-three.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs: President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Board, Brown, Bryant of Grayson, Cole,
Degener, Downing, Fleming, Foster. Goddin, Harris, Harn, John-
son of Calhoun, Kealy, Keigwin, Kuechler, Long, Mackey, Morse,
Muckleroy, Mundine, Newcomb, Oaks, Patten, Phillips of San
Augustine, Rogers, Ruby, Schuetze, Talbot, Thomas. Varnell,
Whitmore, Wilson of Milam, Wright— 38.

Nays — Messrs. Bryant of Harris, Buffington, Butler, Bui»nett,
Caldwell, Carter, Constant, Curtis, Fayle, Flanagan, Hamilton of
Travis, Harn, Hunt, Johnson of Harrison, Jordan, Kendal, Kirk,
Leib, Lindsay, McCormick, McWashington, Munroe, Phillips of
Wharton, Scott, Smith of Galveston, Smith of Marion, Sumner,
Watrous, Williams, Wilson of Brazoria, Yarborough— 31.

So the Convention adopted the substitute for section forty-three.

Mr. Buffington offered the following section :

Members of the Legislature, and all officers, before they enter
upon the duties of their offices, shall take the following oath cr
affii-mation : I, (A. B.) do solemnly swear (or affirm) that I will
faithfully and impartially discharge and perform all the duties in-
cumbent on me as according to the best of my skill aiid

ability, agreeably to the Constitution and laws of the United States,
and of this State. And I do further solemnly swear (or affirm") that
since the adoption of this constitution by the Congress of the United
States, I, being a citizen of this State, have not fought a duel with
deadly weapons, within this State or out of it ; nor, have I sent or
accepted a challenge to fight a duel with deadly weapons ; nor have
I acled as second in carrying a challenge, or aided, advised or
assisted any person thus offending. So help me God.

RECUNSTRUCTION CONVENTION JOURNAL. 787

Mr. Smith of Galveston offered the follovjijn: aiiiei,dmont : ,

Add after the woid ''weapons," in the — line •• or commit an
■assault with deadly weapons."

The amendment was accepted.

The question recurred upon the adoption of the section as
amended.

It was adopted.

Mr. Thomas offered the following amendment :

" And I do fui'tlier solemnly swear that I am not disabled fi-ora
holding office by the 14th article of the Constitution of the United
States."

Mr. Evans, of McLennan, moved to lay the matter upon the
table, subject to call.

Carried,

Mr. Evans, of McLennan, introduced the following as a new sec-
tion :

Section — . That the inferior courts in the several counties in
this State shall have the power, upon a vote of the qualified voters
of the respective counties, to assess and provide for the collection of
a tax upon the taxable property of said county, to aid in the con-
struction of internal improvements ; provided, that said tax shall
never exceed two per cent, upon the value of said property.

Mr. Sumner moved to lay the proposed section upon the table.

Upon which the yeas and nays were demanded and resulted thus :

"Yeas — Messrs. Board, Brown, Bryant of Grayson, Harn, Sum-
ner, Thomas — 6.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Boyd, Bryant of Harris, Butler, Burnett,
Caldwell, Carter, Cole, Coiistant, Curtis, Downing, Evans of Mc-
Lennan, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Goddin,
Grigs]:iy, Hamilton of Travis, Harris, Home, Hunt, Johnson of
Harrison, Jordan, Kealy, Keigwin, Kendal, Keuchler, Kirk, Leib,
Lindsay, Lippard. Long. McWashingtou, Morse, Muclcleroy. Mun-
dine, Munroe, Newconib, Phillips of San Augustine, Plnllips of
Wharton, Posey, Rogers, lluby, Scott, Slaugliter, Smith of Marion,
Stockbridge, Watrous, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 58.

So the Convention refused to lay the proposed section upon the
table.

Mr. Thomas moved to amend by inserting the words "two-thirds
of" between the word "of and "the."

Mr. Bell moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus:

788 RECONSTRUCTION CONTENTION JOURNAL.

Yeas — ]\Iessrs. Bell, Butler, Burnett, Carter, Downing, Flanagan^
W. Flanagan, Foster, Hamilton of Travis^ Harry's, Johnson of
Harrison, Jordan, Kn-k, Leib, Lindsay, Mackej, McWashington,
Munroe, Patten, Pliillips of San Augustine, Phillips of Wharton,
Posej, Rubv, Scott, Smith of Galveston, Smith of Marion, Talbot^
Watrous, Wilson of Brazoria, Wright — 30.

Najs— Messrs. President, Armstrong of Jasper, Armstrong of La-
mnr, Bledsoe, Board, Boyd, Brown, Brjant o-f Grayson,. Bryant of
Harris, Buffington, Cole. Constant, Curtis, Evalis of McLeiman,
Fayle, Goddin, Grigsby, Johnson o-l' Calhoun, Kealy, Keigwin, Ken-
dal, Keuchler, McCormick, Morse, Muckleroy, Mundine, Newconib,
Oaks, Rogers, Slaughter, Stockbridge, Sumner, Thomas-, Variiell,
Whitmore, Wilson of Milam, Yarborough — 37.

So the Convention refused to lay the amendment upon the table,

Thg question recurred upon the adoption of the amendment.

It was adopted.

Mr. Munroe offered the following amendment :

Amend by inserting after the words^ "internal improvements" the
words '• and in the establishment and snppart of public schoals."

Amendment withdrawn.

Mr. Lindsay offered the following as a substitute :

The Legislature shall authorize the several counties of the State,
in their corporate capacity, to submit a question of taxation to the
qualified voters thereof for purposes of internal improvements ; pi'O-
vided, however, that no tax greater than two per cent, shall be
thus raised at any one submission.

Mr. Evans, of McLennan, moved to lay the substitute upon the
table.

Carried.

Ml . Armstrong, of Lamar, offered the following amendment :

" And for any county purposes which may be deemed necessary
by said court."

The amendment was adopted.

The question recurring upon the adoption of the section as
amended, the yeas and najs were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bledsoe, Brown,
Bryant of Grayson, Bryant of Harris, Buffington, Butler, Cald-
well, Carter, Constant, Curtis, Degener, Downing, Evans of Mc-
Lennan, Fayle, Flanagan, Foster, Grigsby, Hamilton of Traris,
H^\rn, Hunt, Johnson ot Harrison, Jordan Kealy, Keigwin, Ken-
dal, Kuechler, Leib, Lippard, Long, INIcWashington, Muckleroy,,
Mundine, Newcomb, Oaks, Patten. Phillips of San Augustine,
Phillips of Wharton, Posey, Rogers, Ruby, Slaughter, Smith of
Galveston, Smith of Marion, Stockbridge, Talbot, Watrous, Whit-

RECONSTRUCTION CONVENTION JOURNAL- 789

more, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborougli — 54.

Najs — Messrs. Armstrong of Jasper, Bell, Board, Boyd, liur-
nett, Cole, W. Flanagan, Goddin, Harris, Johnson of Calhoun,
Lindsay, Mackej, McCormick, jNIorse, Sumner, Thomas, Varnell
—17.

So the Convention adopted the section.

Section forty-four, of the report of the Committee on General
Provisions, being under consideration, Mr. Hamilton, of Travis,
moved a call of the House.

Call sustained.

Messrs. Vaughan and Gaston were excused on account of sick-
ness.

Mr. Hamilton, of Travis, moved the previous question.

Under the rules the Convention adjourned until four o'clock.

AFTERNOON SESSION. — FOUR 0 CLOCK-

• Roll called ; quorum present.
Mr. Muckleroy introduced the following protest :

To Hon. E. J. DAVIS,

President of the Convention :
Sir : We take tliis method of remonstratino; to the formins;
of the Eighteenth Judicial District. The citizens of our counties
have not been consulted, and we are satisfied it will be productive
of confusion and dissati.sfaction, and we soleunily protest against the
action of the Convention, and desire that the same be spread on the
journals of this House.

Very respectfully,

DAVID MUCKLEROY,
N. H. GASTON,
MARSHAL GLENN.
August 19, 1868.

Mr. Yarborough offered the following resolution :

Resolved, That it shall be the' duty of the Legislature of this
State to enact laws for the punishment of unlawful cohabitation be-
tween the sexes of the human ftimily, and to provide for the support
of illegitimate children of this State that are born after the adop-
tion of this constitution.

790 ilBCO]S^STEUCTION CONVENTION JOURNAL.

And further resolved, That it shall be the duty of said Legist
atiire to enact such laws for the punishment of vagi-anc/ as thejr
m:xj think best fw the good of the commmunitj, and also to define
what shall constitute vagrancy.

Referred to the Committee on General Provisions.
Mr. Kealj oiFered the following resolution :

Resolved, As it appears to be the duty of the President to take
the chair every day precisely at the liour to which the Convention
shall have adjourned, it shall also be the duty of the members of this
Convention to be in their seats at the hour so-called, and answer to*
their names when called by the secretary, except those who have
leave of absence, xlfter the roll being called, no member shall leave
his seat to exceed five minutes at a. time, to absent himself from the
House, unless with permission from the president.

Laid over under the rules.

Mr. Hamilton, of Travis, asked leave of absence for the enrolling
clerk of the Convention for twelve days, commencing two days ago.

Leave granted.

Mr. McCormick asked leave of absence for Mr. Grigsby.

Leave granted.

Mr. Kealy moved a suspension of the rules to take up his reso-
lution.

The ConVention refused to suspend the rules.

The president announced the special order of the afternoon was.
the report of the Select Committee upon Railioads, and the question'
v>'as the adoption of the substitute oflered by j\Ir. Caldwell for the
report.

Mr. Degener moved the previous question upon the adoption of
the report of the Select Committee.

Previous question seconded.

Mr. Caldwell moved a call of the House.

Call sustained.

Absentees — Armstrong of Jasper, Brown, Carter, Johnson of Cal-
houn, Pedigo, Rogers.

Mr. Caldwell moved a suspension of the call of the House.

Call suspended.

The question recurring, " Shall the main question be now put?'^
the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bledsoe, Brown,
Butler, Burnett, Carter, Degener, Downing, Evans of McLennan,
Fayle, Foster, Hunt, Jordan, Kuechler, Lippard, Long, New-

RECONSTRUCTION CONVENTION JOURNAL. 791

comb, Onks, Patten, Rogcvs, Rubj, Slaiif^Iiter, Smith of Marion,
Talbot, Thomas, Vaughan, Whitmorc. Wilson of Milam — 29.

Nays — Messrs. Armstrong of Jasper, Bell, Board, Boyd, Bry-
ant of Harris, Buflington, Caldwell, Cole, Constant, Curtis, Flana/-
gan, W. Flanagan, Fleming, Gaston, Hamilton of Travis, Harris,
Harn, Home, Johnson of Harrison, Kealy, Keigwin, Kendal,
Kirk, Leib, ^lackey, McCormick, Me Washington, Morse, ]\Iuekle-
roy, Mundine, Munroc, Pedigo, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Schuetze, Scott, Smith of Galveston,
Stoekln'idge, Sunnier, Yarnell, Watrous, W^illiams, Wilson of Bra-
zoj'ia, Wright — 45.

Messrs. Bryant of Grayson, Lindsay and Yarborough Avere ex-
cused from voting.

So the Convention refused to order the main question.

Mr. Thomas moved that the whole subject be postponed until the
second Monday in January, 1869.'

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Brown, Bryant of Grayson, Butlei', Burnett, Constant, Cuitis.
Degcncr, Downing, Fayle, Foster, Goddin, Harris, Hunt, Jordan,
Keigwin, Keuchler, Lindsay, Lippard, Long, IMorse, Munroe,
Newcomb, Patten, Posey, Rogers, Smith of Marion, Talbot,
Thomas, Vaughan, Williams, Wilson of Milam. Yarborough — 36.

Nays — Messrs. Armstrong of Lamar, Bell, Board, Buffington,
Caldwell, Carter, Evans of McLennan, Flanagan, W. Flanagan,
Fleming, Gaston, Hamilton of Travis, Harn, Home, Johnson of
Harrison, Kealy, Kendal, Kirk, Leib, Mackey, McCormick, ]Mc-
Washington, Muckleroy, Mundine, Oaks. Pedigo. Phillips of San
Augustine, Phillips of Wharton. Ruby, Schuetze, Scott, Slaughter,
Smith of Galveston, Stockbiidge, Yarnell, Wairousj Whitmore,
Wilson of Brazoria, Wright— 89.

Messrs. Bryant of Grayson and Sumner declined voting.

Excused.

The Convention refused to postpone.

~SIy. Cahlwell moved the adoption of the substitute.

Mr. Degcner moved to lay the substitute upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — ^lessrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Brown, Bryant of Harris, Buffington. Butler, Burnett, Cole,
Constant, Degener, Downing, Evans of McLennan. Fayle. Foster,
Goddin, Harris, Hunt, -Jordan, Keigwin. Keuclder. Lindsny. Lip-
pard, Long, Morse, Munroe, NeAVComb, Oaks, Patten, Posey,

792 RECONSTRUCTION CONVENTION JOURNAL.

Rogers, Ruby, Slaughter, Smith of Galveston, Smith of Marion,
Talbot, Thomas, Vaughan, Whitmore, Wilson of Milam, Yarborough
—42.

Najs— Messrs. Armstrong of Lamar, Bell, Board, Caldwell,
Carter, Curtis, Flanagan, W. Flanagan, Fleming, Gaston, Ham-
ilton of Travis, Harn, Home, Johnson of Harrison, Kealy, Ken-
dal, Kirk, Leib, Mackey, McCormick, McWashington. Muckleroy,
Mundine, -Peaigo, Phillips of San Augustine, Phillips of Wharton,
Schuetze, Scott, Stockbridge, Varnell, Watrous, Williams, Wilson
of Brazoria, Wright — 34.

Messrs. Bryant of Grayson and Sumner declined voting.

Excused.

So the Convention laid the substitute upon the table.

Mr. Smith, of Galveston, moved to reconsider the vote laying the
substitute upon the table.

Mr. Degener moved to lay the motion to reconsider upon the
table.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL, AUSTIN, TEXAS,

August 20, 1868. ,

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. ••

Journal of yesterday read and adopted.

Mr. Carter moved that the rules be suspended to take up the re-
port of the Committee on Contingent Expenses, appropriating twen-
ty-five thousand dollars for payment of the expenses of the Conven-
tion.

Upon which the ^^-eas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bell, Board, Boyd, Buffington, Butler, Burnett,
Caldwell, Carter, Constant, Curtis, Fayle, W. Flanagan, Foster,
Goddin, Grigsby, Hamilton of Travis, Harn, Harris, Johnson of
Harrison, Johnson of Calhoun, Kealy, Kendal, Mackey, McCor-
mick, McWashington, Munroe, Pedigo, Posey, Rogers, Ruby,
Schuetze, Smith of Galveston, Smith of Marion, Stockbridge, Sum-
ner, Talbot, Varnell, Vaughan, Watrous, Williams, Wilson of Bra- .
zoria, Wilson of Milam, Yarborough — 43.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Bry-

REC0NST11T?CTI0N CONVENTION JOURNAL. 793

ant of Grayson, Bryant of Harris, Cole, Degoner, Downing, Evans
of McLennan, Flanagan, Fleming, (laston. Hunt, Keuclilcr, Leib,
Lindsay, Lippard, Morse, Muckleroy, Newcomb, Patten, Phillips of
San Augustine, Scott, Thomas, Whitmore, Wright — 26.

So the Convention refused to suspend the rules.

Under the rules, the President announced the business before the
house was the report of the Committee oii General Provisions,* and
upon the Substitute offered by Mr. Bryant of Harris.

Mr. Bryant asked leave to withdraw the sulistitute.

Mr. Thomas offered the following as a substitute to section forty-
four of the report :

" The laws of this State are the laws passed in pursuance of the
Constitution of this State, as defined in the preceding section.

The so-called ordinance of secession, adopted by a pretended con-
vention of the people of Texas, -on the first day of Februai-y, 1861,
is, and was from the bejiinninir, null and void.

All laws or parts of Lnvs, whether fundamental or statutory, which
conflict with the Constitution or laws of the United States ; or are
inconsistent with the great fundamental truth, that all men have
equal civil and political rights, are null and void, and shall forever
remain without force or effect in this State.

The people of this Stale, with its present organization, or so much
thereof as is loyal to the United States, are hereby remitted to their
rightful constitution and laAvs, as defined in sections one, two and
four of this ordinance.

All offices now vacant, or which may hereafter become vacant,
shall be filled in the manner prescribed by Jaw ; provided, however,
that prior to the first Mondiiy in August, one thousand eight hundred
and seventy, all members of the Legislature, and all officers, before
entering upon the duties of their offices, shall take the following oath
or affirmation:

This ordinance shall take eOfect and be in force from and after notice
of its approval by the Congress of the L^nited States."

Mr. Buffington moved to lay the substitute on the table.
Upon which the yeas ami nays were demanded, and resulted
thus :

Yeas — Messrs. Bell, Board, Buffington, Caldwell, Caiter, Flan-

•For report see page 236.

794 RECONSTRUCTION CONVENTION' JOURNAL.

agan, W. Flanagan, Fleming, Foster, Gaston, Gocldin, Grigsbj,
Hamilton of Travis, Harn, Horne, Johnson of Calhoun, Jordan,
Leib, Lindsa.j, Mackej, McCormick, McWashington, Munioe,
Pedigo, Phillips of San Augustine, Posej, Rogers, Scott, Smith of
Galveston, Stockbridge, Varnell, V/atrous, Williams, Wilson of Bra-
zoria, Wilson of Milam, Wright — 36.

Najs — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Grayson, Bryant of Harris, Butler, Burnett, Cole, Con-
stant, Degener, Downing, Evans of McLennan, Fajde, Harris,
Plunt, Johnson of Harrison, Kealy, Keigwin, Kendal, Kuechler,
Kirk, Lippard, Long, Morse, Muckleroy, Newcomh, Oaks, Patten,
Buby, Schuetze, Slaughter, Sunnier, Talbot, Thomas, Vaughan,
Whitm.ore, Yarborough — 38.

So the Convention refused to lay the substitute upon the table.

Mr. Degener -moved the previous question.

Previous question seconded.

Mr. Cakhveli moved a call of the house.

Call sustained.

Absentees: Messrs. Mundine, Brown, Armstrong of Lamar.

Mr. Armstrong of Lamar asked that Mr. Brown be excused.

Mr. Burnett moved to lay section forty-four upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell
Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Burnett
Caldwell, Carter, Cole, Constant, Fayle, Flanagan, W. Flanagan,
Fleming, Gaston, Grigsby, Hamilton of Travis, Harris, Ham
Horne, Johnson of Harrison, Johnson of Calhoun, Kealy, Keigwin
Kirk, Leib, Lindsay, Mackey, McCormick, McWashington, Morse
Muckleroy, Mundine, Munroe, Pedigo, Phillips of San Augustine
Phillips of Wharton, Posey, Rogers, Scott, Smith of Galveston
Stockljridge, Sumner, Varnell, Vaughan, Wat^ous, Wilson of
Brazoria, Wright, Yarborough — 52.

Nays — Messrs. President, Bryant of Harris, Butler, Curtis,
Degener, Downing, Evans of McLennan, Foster, Goddin, Hunt,
Jordan, Kendal, Kuechler, Lippard, Long, Newcomb, Oaks, Patten,
Bul>y, Schuet e, Slaughter, Smith of Marion, Talbot, Thomas,
Whitmore, Williams, Wilson of Milam— 27.

So the Convention laid the section upon the table.

Mr. Caldwell offered the following as a new section :

That the ordinance of the Convention passed on the 1st day of
February, A. D. 1861, commonly known as the ordinance of
secession, was in contravention of the Constitution and laws of the

RECONSTRUCTION CONVENTION JOURNAL. 795

United States, and therefore null and void from the beginning;
and all laws or })arts ol" laws founded upon said ordinance, were
also null and void from the date of their passage.

That the Legislature which sat in the State of Texas from'the
18th daj of March, A. D. 1801, until the 6th daj of August,
A. D. 1866, had no Constitutional authority to make laAvs
binding upon the people of Texas ; provided, that this section shall
not be construed to inhibit the authorities of this State from respect-
ing and enforcing such rules and regulations as were pi-escribed bj
the said so-called Legislature which were not in violation of the
Constitution and laws of the United States and of this State, or
in aid of the rebellion against the United States, or prejudicial to
the citizens of this State who were loyal to the United States, and
wliich have been actually enforced or observed in Texas during the
above period of time, nor to affect piejudiciallj private rights which
may have grown up under such i ules and r.'gulations ; nor to inval-
idate official acts not in aid of the rebellion against the United
States during said period of time.

That tlie Legislature which assembled in the city of Austin
on the 6th day of August, A. D. 1866, was provisional only,
and its acts are to be respected only so far as they were not
in violation of the Constitution and laws of the United States, or
were not intended to reward those who participated in the late reljcl-
lion, or to discriminate between citizens on account of race or color,
or to operate prejudicially to any class of citizens.

That all debts contracted by the rebel organization in the State
of Texas in aid of the late rebellion against the United States
were created without constitutional authority, and the Legislature
is prohil)ited from recognizing or making any provision for the
payment, and the legislature is prohibited also from assuming or
making provision for the payment of any debt contracted or incur-
red, or any warrant or evidence of debt issued by the said rebel or-
ganization of the State of Texas, from the 28th day of January,
A. D. 1S61, until the oth day of August, A. D. 1865, except such
warrants or evidence of debt as were issucil in payment of services
lendered, or liabilities incurred before the 28th day of January,
A. D. 1861.

That all debts incurred in aid of the rebellion against the
Cnited States hy the several counties, cities, and towns of the State,
were without constitutional authority, and the cor))orate authorities
of said counties, cities and towns are prohibited from ever making
any provisions for the payment of such debts.

That it shall be the duty of the Legislature to ascertain

796 RECONSTRUCTION CONVENTION JOURNAL.

and make provision for the payment of all debts that were owing by
the Slate of Texas on the 28th day of January, A. D. 1861.
That the declaration take eflfect from and after its passage.

[Mr. Evans, of McLennan, in the Chair. J ,

Mr. Davis, of Nueces, offered the following substitute :

Section — . The constitution adopted by a convention of the
people, on the twenty-seventh day of August, 1845, accepted by the
Congress of the United States, on the twenty-ninth day of Decem-
ber, 1845, and amended by the people of this State on the sixteenth
day of January, 1850, is the Constitution of the State of Texas,
except as hereinafter provided.

Sec. — The laws of this State are the laws passed in pursuance
of the Constitution of this State, as defined in the preceding sec-
tion.

Sec. — . The so-called ordinance of secession, adopted by a pre-
tended convention of the people of Texas on the 1st day of Februa-
ry, 1861, is, and was from the beginning, null and void.

Sec — A.11 laws or parts of laws, whether fundamental or statuto-
ry, which conflict with the Constitution or laws of the United
States, or are inconsistent with the great fundamental truth that all
men have equal civil and political rights, are null and void, and shall
forever remain without force or effect in this State.

Sec. — . The people of this State, with its present organization,
or so much thereof as is loyal to the United States, are hereby re-
mitted to their rightful constitution and laws, as defined in sections
one, two and four of this ordinance.

Sec. — . All offices now vacant, or which may hereafter become
vacant, shall be filled in the manner prescribed by law ; provided,
however, that prior to the first Monday in August, one thousand
eight hundred and seventy, all members of the Legislature, and all
officers, before entering upon the duties of their offices, shall take the
following oath or affirmation :

Sec. — . This ordinance shall take effect and be in force from and
after notice of its approval by the Congress of the United States.

Mr. Hamilton, of Travis, moved the previous question.
Previous (juestion seconded.

The question recurred, " Shall the main question be now put?"
Upon which the yeas and nays were demanded, and resulted
thus :
Yeas — Messrs. Armstrong of Lamar, Board. Bryant of Harris,

RECONSTRUCTION CONVENTION JOURNAL. 797

Buffington, Burnett, Caldwell, Carter, Cole, Constant, Fayle,
Flanai^an, Fleming, Foster, Grigshj, Hamilton of Travis, Harris,
Harn, Johnson of Harrison, Johnson of Calhoun, Kealy, Kendal,
Kirk, Leib, Lindsay, Mackey, McCormick, McWashington, Muckle-
loy, Mundine, Munroe, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Schuetze, Scott, Slaugliter, Smith of Gal-
veston, Stockbridge, Sumner, Varnell, Vaughan, Watrous, Williams,
Wilson of Brazoria, Wilson of Milam, Wright — 47.

Nays— Messrs. President. Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Gray.son, Butler, Curtis, Degener, Downing, Evans of
McLennan, Goddin, Hunt, Jordan, Keigwin, Kuechler, Lippard,
Long, Morse, Newcomb, Oaks, Patten, Buby, Smith of Marion,
Ta*l!-)ot, Thomas, Whitmore, Yarborough— 27.

So the main question was ordered.

The question recurred upon the adoption of the section, as pro-
posed by Mr. Caldwell.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Board, Buffington, Burnett,
Caldwell, Carter, Constant, Evans of McLennan, Fayle, Flanagan,
Fleming, Foster, Grigsby, Hamilton of Travis, Harn, Johnson of
Harrison, Johnson of Calhoun, Kealy, Kendal, Leib, Lindsay,
Mackey, McCormick, McWashington, IMuckleroy, Mundine, Mum-oe,
Phillips of San Augustine. Phillips of Wharton, Pot»ey, Rogers,
Schuetze, Scott, Slaughter, Smith of Galveston. Stockbridge, Sum-
ner, Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson of
Brazoria, Wilson of Milam, Wright — io.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Grayson, Butler, Cole, Curtis, Degener, Downing,
Goddin, Harris, Hunt, Jordan, Keigwin-, Kuechler, Kirk, Lippard,
Long, Morse, Newcomb. Oaks, Patten, Ruby. Smith of JMarion,
Talbot, Thomas, Yarborough— 28.

INIr. Caldwell moved a reconsideration of the vote upon the
adoption of the section, and to lay the motion to reconsider upon
the table.

My. Caldwell moved a call cf the House.

Call sustained.

Mr. Patten moved that the Convention adjourn until four o'clock
this afternoon.

Mr. Caldwell moved a suspension of the call of the House.

Carried.

The yeas and nays were demanded upon the niDtion to lay the
motion to reconsider the vote adopting section — on the table, and
resulted thus :

798 RECONSTRUCTION CONVENTION JOURNAL.

Yeas — Messrs. Armstrong of Lamar, Board, BuiBngton, Burnett,
Caldwell, Carter, Fayle, Flanagan, Fleming, Foster, Grigsby,
Hamilton of Travis, Harris, Harn, Home, Johnson of Harrison,
Johnson of Calhoun, Kealj, Ke idal, Leib, Lindsay, Mackej, Mc-
Cormick, Mc . Washington, Muc deroy. Mundine, Munroe, Phillips
of San Augustine, Phillips of Wharton, Posej, Rogers, Schuetze,
Scott, Slaughter, Smith of Galve iton, Stockbridge, Varnell, Watrous,
Wilson of Brazoria, Wilson of Milam, Wright — 42.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Grayson, Bryant of Harris, Butler, Cole, Constant,
Curtis, Degener, Downing, Evans of McLennan, Goddin, Hunt,
Joi'dan, Keigwin, Kuechler, Long, Mors 3, Newcomb, Oaks, Patten,
Ruby, Smith of Marion, Sumner, Talbot, Thomas, Whitmore,
Williams, Yarborough — 31.

So the motion pre stalled.

On motion, the Convention adjournal until four o'clock.

AFTERNOON SESSION — jOUR 0 CLOCK.

Convention met pursuant to adjournment.

Roll called. Quorum present.

Mr. Carter moved a suspension of rules to take up resolution
reported from the Committee on Contingent Expenses, appropriating
twenty-five thousand dollars to pay the expenses of the Convention.

Mr. Buffi ngton moved a call of the House.

Call not sustained.

Rules suspended, two-thirds voting in the affirmative.
• The question recurring upon the adoption of the resolution, the
yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Board, Boyd, Bryant
of Grayson, Bryant of Harris, Buffington, Butler, Burnett, Carter,
Curtis, Fayle, W. Flanagan, Fleming, Foster, Goddin, Hamilton
of Travis, Harris, Hunt, Jolnison of Harrison, Johnson of Calhoun,
Kendal, Kirk, Long, MoCormick, Mundine, Munroe, Pedigo,
Phillips of San Augustine, Phillips of Wharton, Rogers, Schuetze,
Scott, Smith of Galveston, Stockbridge, Talbot, Varnell, Watrous,
Williams, Wilson of Brazoria, Wilson of Milam, Wright — 41.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Cole,
Downing, Evans of McLennan, Flanagan, Kealy, Keigwin, Kuechler,
Leib, Lippard, Morse, Muckleroy, Newcomb, Oaks, Patten, Thomas,
Whitmore, Yarborough — 20.

So the resolution was adopted.

RECONSTRUCTION CONVENTION JOURNAL. 799

, Mr. Patten moved to suspend the rules to take up resolution
respecting adjouinnient.

Upon wliicli the yeas and nays were demanded and resulted
thus :

Yeas — jMessrs. President, Armstrong of" Jasper, Bell, Bledsoe,
Boyd, Bryant of Grayson, Butler, Burnett, Downing, Evans of
McLennan, Fayle, Hunt, Johnson of Harrison, Keigwin, Kendal,
Kuechler, Lippard, IMcCorniick, Morse, Newcomb. Oaks, Pedigo,
Patten, Talbot, Thomas, Whitmore, Wilson of Brazoria, Wilson of
Milam-28.

Nays — Messrs. Armstrong, of Lamar, Board, Bryant of Harris,
Buffington, Carter, Cole, Constant, Cuitis, Flanagan, W. Flanagan,
Fleming, Foster, Goddin, Hamilton of Travis, Harris, Home,
Johnson of Calhoun, Jordan, Kealy, Kirk, Leib. Long, Mackey,
Muckleroy, Mundiue, Munroe, Phillips of San xVugustine. Phillips
of Wharton, Rogers, Schuetze, Scott, Slaughter, Smith of Galveston,
Stockbridge, Varnell, Watrous, Williams, Wright— 38.

So the Convention refused to suspend the rules.

Mr. Whitmore from the Committee on General Provisions, re-
ported as follows :

Committee Room,
Austin, Texas, August 20, 1868.
Hon. E. J. DAVIS,

President of the Convention : "

Sir : The Committee on General Provisions, to whom was re-
ferred a declaration introduced hj Mr. Slaughter, liave had the same
under advisement, and after mature deliberation instruct me to re-
port back the same to the Convention as a section of the Constitu-
tion, under the head of general provisions.

WHITMORE,

Chairman.

Sec. — . That all acts of incorporation made and granted by the
Legislature of the State of Texas for the year A. D. 186(3, be and
the same are hereby declared null and void, except the following act3
of incorporation :

Institutions of learning ; orphans home ; cities and towns : bridge
companies ; wharf and press companies : estates ; ferries : mills ;
chambers of commerce ; ice companies ; odd fellows and masons.

'Sir. Patten moved a suspension of the rules for the consideration
of the report.

800 RECONSTKUCTIO:^ CONVENTION JGUHNAL.

Rules not suspended.

Mr. Hunt, from the Committee on State Affairs, reported as fol-
lows :

Committee Room,
Austin, August 19, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your Committee on State Affiiirs have had under conside-
ration a petition of citizens of the town of Fredericksburg, asking
for the incorporation" of said town as a city, and passage of regula-
tions governing the same. A majority of your committee are in
favor of granting the request cf petitioners, and to this end have in-
structed me to report the accompanying ordinance to the Convention
and ask its adoption.

H. C. HUNT,

Chairman.

AN ORDINANCE

To incorporate the city of Fredericksburg.

Section 1. Be it ordained by the people of the State of
Texas in Convention assembled. That the citizens of the town of
Fredericksburg be and they are hereby declared a body corporate,
by the name and style of the corporation of the city of Fredericks-
burg, and by that name may sue and be sued, plead and be im-
pleaded, and may hold and dispose of real and personal estate.

Sec. 2. Be it further ordained, That the limits of said corpora-
tion shall be one mile square, of which the courthouse of the county
of (jillespie, in the said city of Fredericksburg, shall be the center.

Sec. 3. Be it further ordained, That Brevet Major General
Reynolds, commanding Fifth Military District, be requested to ap-
point a mayor, five aldermen, a treasurer, a recorder and a constable,
as soon as practicable after the passage of this ordinance; and the
persons so appointed shall hold their offices until the next regular
election ; and annually thereafter, for a similar purpose, an election
shall be conducted by the mayor, or a majority of the aldermen act-
ing at the time of such election ; and the persons elected shall con-
tinue in office one year, or until their successors are duly qualified ;
and the annual election for mayor and aldermen shall be held at such
place in the city of Fredericksburg as may be designated by the
board for the convenience of the people.

KECONSTRUCTION CONVENTION JOURNAL. 801

Sec. 4. Be it further ordained, That 'wlieuovcr a vacancy shall
occur in the office of mayor, a majority of the aldermen acting shall
order and conduct an election to fill such vacancy ; and the persons
,so elected shall hold their offices until the next legular election, or
until his successor has duly qualified ; and in case of the death, re-
signation or removal of any alderman, treasurer or constable, the
mayor shall order an election under such rules and regulations as
may be prescribed by the board to fill such vacancies.

Sec. 5. Be it Jartlier ordained, That no person shall be eligible
to office of mayor, alderman, treasurer or constable, unless such per-
son be a citizen of said city.

Sec. 6. Be it farther ordained, That the mayor shall be presi-
dent of the board of aldermen, that three of the memljers of said
board shall constitute a (.juoruni to transact business, and that said
board shall enact such by-laws for the government of said city, not
inconsistent with the constitution and laws of the State, as may be
deemed proper, and may impose fines for the infraction or disobe-
dience of the same, not exceeding twenty dollars for such offence.

Sec. 7. Be it further ordained, Tliat the board of aldermen
shall have and exercise control over the public square and streets of
said town, and may compel all male citizens (ministers of the gospel
excepted,) over the age of seventeen years and under that of tbrty-
five, to work on the same ; provided, that such' person shall not be
required to work more than six days, in any one year, and shall be
exempt from other road duty in said county; and the board may im-
pose such fines on defaulters as they may deem necessary, in which
they all shall be governed by the laws of this State regulating
roads.

Sec. 8. Be it further ordained, Tliat the board of aldermen
shall have power to appoint such additional officers, with the regula-
tion of their duties and compensation, as may i>e necessary; and may
require of them bond ami security, to be given to the mayor, in
such sum as may be deemed necessary to compel the efficient dis-
cbarge of such duties as may be assigned them.

Sec. 9. Be it further ordained, That the board of aldennen
shall have the power to levy a tax on all persons and property, both
real and personal, in said town, subject to taxation by the laws of
the State ; provided, that the tax on property shall not in any one
year exceed one-half of one per cent, ad valorem on said property ;
and no tax shall be levied unless by a vote of two-thirds of the
members present ; which shall be assessed and collected by the con-
stable in the same manner as the State tax is collected.

Sec. 10. Be it further ordained, That all offences against the
by-laws be presented before the mayor, and governed by the laws
51

802 EECOXSTRUCTTON CONVENTION JOURNAL.

organizing justices' courts, and the constable shall execute and re-
turn all writs issued bj , the major in the same manner as is pro-
vided bj the law defining the duties of constables.

Sec. 11. Be it further ordained, That the constable shall give
bond and aecuritj as required of other constables, and shall have
the same power and be entitled to the same fees for similar ser-
vices.

Sec. 12. Be it further ordained, That the mayor of said citj
shall be entitled to such fees as may be alloAved justices of the
peace for similar servicer, together with such other compensation as
may be allowed him hj a majority of the aldermen present at the
time of such allowance.

Sec. 13. Be it further ordained, That the aldermen shall be
entitled to such compensation as may be allowed by a majority of
the board; provided, that in no case the sum shall exceed two dol-
lars per day for each day they may be required to sit as such alder-
men.

Sec. 14. Be it further ordained, That the treasurer safely keep
all the money of said corporation ; shall pay out the same upon the
order of the board, and shall do such other duties as may be assigned
him by the by-laws ; and shall give bond and security, payable to
the mayor, in such suru as may be deemed proper, conditioned for
the faithful performance of his duties, to be approved by the board ;
and shall be allowed such compensation as may be specified by the
board of aldermen.

Sec. 15. Be it further ordained, That the books and records of
the corporation shall at all times be open for the examination of any
citizen of said city.

Sec. 16. Be it further ordained, That this ordiiiance take efiect
from and after its passage.

Mr. MunroCj from the Committee on Engrossed Bilk, reported as
follows :

Committee Room,
August 20, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The Committee on Engrossed Provisions, after examination,
instruct me to report the following resolutions and declarations as-
being correctly engrossed, viz :

No. 39. Resolution for the payment of the per diem of Mr,
Home, a member of the Convention.

RECONSTRUCTION CONVENTION JOURNAL. 803

No. 40. Resolution appropriating $15,000 to pay officers ap-
pointed by Provisional Governor Hamilton.

No. 41. Resolution referring a resolution of appropriation of
$25,000 to Major-General Reynolds, for his approval.

No. 42. Declaration incorporating the Belleville, Hempstead and
Brazos Bridge Company.

No. 43. Resolution authorizing the Secretary to pay Fred.
Slaughter one dollar and fifty cents per day as mail carrier of the
Convention.

No. 44. Resolution authorizing the transcribing the journals of
the Convention.

No. 45. Declaration requesting Congress to pass the International
Railroad bill.

No. 46. A declaration incorporating the Houston City Railroad
Company.

Respectfully submitted,

A. T. MUNROE,

Chairman.

]Mr. Butler introduced the following report, and asked that the
reading be dispensed with.
Carried.

Committee Room,

August 17, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : A majority of your committee appointed to investigate the
financial affairs of the State Penitentiary, have now the honor of
submitting the following report :

We find, after a close examination of the past history of the insti-
tution, up to the first of June of this year, of keeping the books and
accounts, and of its management, that no system had been 'idopted
previous to the first of .June of this year, when, at the instance of
the present Comptroller, Mr. M. C. Hamilton, efficient regulations
were introduced. A majority of your committee, therefore, in a
measure, consider the present condition of the finances of the institu-
tion attributable to that fact. But while now, under the new regu-
lations, the Financial Agent is required to render his accounts to the
Comptroller, the Superintendent is left wirh no other accountability
than a general superintendence by the Directory, which practically
amounts to nothing, and is a mere farce. It is true, the Financial
Agent produces receipts for raw material and supplies bought : but

804 RECONSTRUCTION CONVENTION JOURNAL.

when theFe materials and supplies are turned over to the Superin-
tendent, he is not required to take them up on a return, or render
anj abstract of expenditures, or vouchers for what has been made
proper use of, or what not. No certain ration is prescribed for a
convict : provisions are bought and turned over to the Superinten-
dent witliout anj requisition for the same, or without anj person
being aware if all these provisions, or how many of them, are con-
sumed by the convicts, or if they are used for other purposes ; in
short, the Superintendent is without any control whatever, and the
whole system of administration, to say the least, a very loose one.

A precedent has been established by the Superintendent, at what
time your committee was unable to ascertain, but it was established
before the appointment of the present Superintendent ; suffice it to
say that it has been established, to compel guards to board with the
Superintendent, without any law compelling the latter to furnish
decent board. However dissatisfied the guard may be in this regard,
he has no chance to complain, because he has no authority to appeal
to. If dissatisfied, he is at the mercy of the Superintendent, turned
off, no matter how faithful and useful he may have been otherwise,
with the consolation that there are plenty others who, through
extreme necessity, are willing to submit to the outrage.

A majority of your committee do not want to convey the idea that
they would have the guards board away from the institution, but
that the State, and not the Superintendent, should board them, from
the following facts, that the State furnishes the stove, cooks, and
wood to cook their victuals with, furnishes waiters to wait on them,
sufficient feed for twenty or thirty hogs for meat ; land, and convicts
to cultivate and raise vegetables with, and, in fact, almost everything
but the flour and meal for bread, which could also be furnished by
the State, under the present loose comm.issary system, without the
least trouble or fear of detection. All these facts go to show that
the State should board these guards. The Superintendent receives
a very liberal salary to attend to the interests of the State ; the
board of the guards amounts to over |^5000 a year, and as the Super-
intendent is at but very little cost to board them, the balance is
allowed him, for we have no law forbidding it, under this precedent
established, when it properly belongs and should go to the State.

From the facts stated above, a majority of your committee are
forced to the conclusion that, to keep up and work such an institu-
tion by State authority, as it has been conducted, will always be a
source of great corruption : it will be a harvest to be gathered by
some favorite politician of the party in power at the time ; and while
the State revenue ought to derive at least ^25,000 per annum from

RECONSTRUCTIOX CONVENTION JOURNAL, 805

the profits of the institution, it will always prove to be an expense to
the State.

It is clearly to the interest of the State to remove the soui-ce of
corruption from the gaze of heen-sighted politicians, by leasing the
whole establishuient to individuals, requiring the lessee to make
semi-annual payments or forfeit his lease. Tlie treatment and sup-
port of the convicts should remain within the control and manage-
ment of the State, and the lessee should only be entitled to tha labor
of the convicts, under such rules and regulations as the State may
prescribe. This arrangement can easily be made, and it is believed
that at least .'p'25,000 per annum could in this way be realized by the
State treasury. Should, however, the Penitentiary continue to be
conducted as it is, defilcation and confusion may be expected to con-
tinue, and the institution will continue to beg at the doors of the
treasury for i)reau.

A majority of your committee deem it not improper to suggest,
that, in case it is thought preferable to let the Penitentiary remain
in its present relation to the State treasury, the Comptroller of the
State be recjuired to send an agent, who shall be a competent
accountant, to, once in every six months, inspect the books and
accounts both of Superintendent and Financial Agent, and make his
report to tlie Comptroller.

The condition of finances of the institution is such that it will
want the most prudent management to retrieve the losses incurred.
The statement hereto annexed shows the assets of the Penitentiary
at two different periods, August 1856, and January 1868, which
latter have continued the same until the present time. At the
former period the institution was quite prosperous, for the assets,
consisfing of manufactured goods, raw material and moneys,
amounted to $106,287.49.

Seventeen months after, these, as fiir as we could ascertain, were
reduced to almost nothing, for no material and no money vras on
hand, and only a feAV manufactured goods, valued at .^1. 893. 93.

Besides this, a confusion prevails, which will Avant further labor,
to ascertain whether these assets will not be changed into liabilities.

The main causes Avhy the Financial Agent of that. period Las
failed to preserve the finances of Penitentiary in the former prosper-
ous condition, we have found to be the following :

Imprudent agreement with agents, to whom was granted unlimited
power to dispose of manufictured goods without any control or
restriction, and whose main object it seems to have been to .get rid of
them as fast as possible ;

Want of economy in the purchase of supplies ; and

Want of system and order in books and accounts.

806 RECONSTRUCTION CONVENTION JOURNAL.

During a period of twelve months goods were

consigned to the agents, T. H. McMahan &

Co., in Galveston, who, as per account sales,

account for 1,265,818 yards.

The books of the Penitentiary show a little less,

viz 1,258,234 yards.

Difference 7,584 yards,

which can only be accounted for by omissions in these books.

After deducting from the proceeds of sales the charges, consisting
in freight from Navasota to Galveston, insurance, commission,
storage, freight to New Orleans and New York, and good many
others, the proceeds of the above accounted for 1,265,818 yards were
$150,518.10 ; or 11 cents per yard Osnaburgs, 12J cents per yard
cotton Jeans, 24 1 cents per yard W. Kerseys, 21 J cents per yard
White Plains.

Bat these Avere not yet the net proceeds, for in their account cur-
rents McMahan & Co. make charges of outlay for freight from
Huntsville to Navasota and commission thereof, forwarding, labor on
goods, interest on payments, reclamations for damaged goods, adver-
tising, commissions on advancing and commission on disl^ursements,
etc., etc., in all amounting to ^26,085.18, which reduce the proceeds
of Osnaburgs from eleven cents to the net proceeds, " nine cents per
yard."

According to books, the following rates have been paid for the raw
cotton, out of which the above goods were manufactured :

1866. September, from 17i to 20 cents ; average, 18| cent's.
October, 20 cents ; average, 20 cents.

November, 20 cents ; average, 20 cents.
December, from 18 to 20 cents ; average, 19 cents.

1867. January, 20 cents ; average, 20 cents.
February, from 18 to 20 cents : average, 19 cents.
March, from 16 to 18 cents ; average, 17 cents.
April, from 15 1 to 20 cents; average, 17| cents.
May, from 13 to 18 cents ; average, 15| cents.
June, from 14 to 16 cents ; average, 15 cents.
July, from 13| to 19 cents ; average, 16:^ cents.
August, from 13 1 to 15 cents; average, 14 _^ cents.
September, from 15 to 16 cents; average, 15 1 cents.
October, 16 cents; average, 16 cents.

Average rate per pound, 17| cents.

As evidence for our assertion, that the Financial Agent was want-

RECONSTRUCTION CONVENTION JOURNAL. 807

ing in econoinj in purchasing supplies, we wish to draw attention to
the latter rates. During September and October, 1867, cotton could
be l)ought at Huntsville at from 7 to 9 cents, whereas from 15 to 16
cents have been ])aid.

One pound of raw cotton, the average price of which was 17^
cents, yields l^ jard of Osnaburg, and as the net proceeds of 1 yard
of Osna1)urg, as stated before, was 9 cents, the net proceeds of If
yard Osnaburg or 1 pound cotton was 15 J cents, or If cents less
than the coot of it. McMahan & Go. had received, besides other
goods, 1,123,353| yards Osnaburgs, equivalent to 641,916 pounds
cotton ; these alone caused an actual loss of $511,233.53 in specie.

Great sacrifices have been made by the shipment of goods to New
York, which, considering the facility the telegraph offers to gain in-
formation in regard to the New York market, appears a very thought-
less undertaking, provided the agents had in view the interest of the
consignor. Seven hundred and fifty bales of goods were consigned
to New York ;

75 bales of tliose. measuring 45,269 yards, brought. . . . ^3,757.66
McMahan & Co.'s charges 430.00

Proceeds ^3,327.66

Or .71c. f yard.

And, after deducting the proper share of McMahan &
Co.'s charges of |)26,085.18, moderately estimated
at ., . l|c.

The net proceeds are 6c. "^ yard.

And IJ yards representing 1 pound cotton, the net ]iroceeds of the
latter is lOg cents. The raw material, bought in Huntsville at an
average price of 171- cents per pound, brought, therefore, after re-
quiring the labor of con\'icts, (and their support, wear of machinery,
&c., considered) converted into goods and shipped to New York, 7
cents per pound less than cost.

After charging the Penitentiary with $147 68 for extra labor
during the overflow, the agents in Galveston sold 158 bales of goods,
which, according to their statement, were damaged during that calam-
ity, and amongst which was a considerable part woolen; they
broucrlit not even half the cotton value.

The books of the Financial Agent are kept without system and
order. A comparison with the accounts cun'ent of Mc^Iahan & Co.
has brought to light omissions to the amount of $14,034 43, some

RECONSTRUCTION CONVENTION JOURNAL.

of which couKl impossibly have escaped his knowledge, as they
weve charges per invoice. Tlie accounts current above mentioned
acknowledge, amongst others, the following receipts of moneys : •

1867. February 8. From Perkins, Swenson & Co., cash .^3,286 04

March 1. " A. Sessums & Co.,, " 2,008 59

" do " 966 8T

April 15. Draft on A. J. Burke, " 218 18

Of these payments no entries can be found, and it can scarcely be
p:-osumed that the p-iying firms should have neglected to give no-
tice to the Financial Agent, or that McMahan & Co. kept these
receipts secret. The latter statement will sufficiently show how
little reliable the books are.

The Financial Agent ought to be a man of some mercantile
knowledge. Such a one would not have entered in agreement which
gives the agents unrestricted authority to dispose of goods as ever
they think proper, reserving for himself no right to stop them when
he sees that they get rid of them too fast and at too low a figure.
It wa?, to say the least, an imprudent act, which has taken from the
institution a great deal of money, and thereby the means, to increase
its efficiency. Agreements of such magnitude ought, in future, to be
subject to the endorsement of the Comptroller. For a person of
mercantile knowledge it is an easy matter to calculate the actual
cost of goods and the charges to the place of consignment, which
will enable him to instruct his agents under what minimum price not
to sell ; he will, when no profitable market can be found, rather
stop inaviufacturing, than evidently throw away money.

For the purpose of protecting the Penitentiary against losses and
further claims, a majority of your Committee suggests, finally, that
the books may be further investigated, the accounts balanced, and
thereby jiscertained who has claims against the institution, and who
is debtor to it. We think the conclusion of this investigation of
books, which would take from four to six weeks more, so much the
rnoi'e necessary, as it has important bearing upon the duties of
Financial Agent as well as Comptroller.

STATEMENT SHOWING THE ASSETS OF THE STATE
PENITENTIARY, AUGUST, 1866.

By G. W. Sinks, ex-Financial Agent, were delivered to D. C. Dick-
son, Financial Agent :

Manufactured goods on hand ^45,962 6Q

do do with agents, 36,103 9T

RECONSTRUCTION CONVENTION JOURNAL. 809

Moneys -with agents, . 7;808 01

Casiion Land, 412 85

Material, viz : 80,000 lbs. wool at 20c., 10,000 00

1100,287 49

January 14th, 1868.

Bj D. C. Dickson, ex-Financial Agent, Avere delivered to G. W.
Sinks, Financial Agent :

Manufactured goods on hand, $1,893 93

N. B. From January 14th until the present time the Peniten-
tiary has not only not improved financially, but has drawn $:12,o00
froin the State Treasury, and to-day it is wanting money again.

li' the Penitentiary has greater assets, as stated above, or, as is
presumed, has liabilities, such can only be ascertained by continued
investigation of books.

JAMES P. BUTLER,

Chairman Committee.

Mr. Carter presented the following report and resolution

Committee Room,
Austin, August 19, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your committee, to which was referred the resolutions and
declarations of Mr. Carter, and the substitute of Mr. Armstrong, in
regard to opening the Memphis and El Paso railroad reserve to set-
tlement, and to enable the settlers on said Memphis and El Paso rail-
road reserve to obtain titles to their homes, has thought that the ob-
ject sought would be more quickly arrived at. and relief to tlie
settlers on said reserve be more immediate and positive, by substi-
tuting the ordinances and declai-ations reported by your committes
for the resolutions and declarations referred to it, and recommend
that thev be adopted.

CARTER,
On the part of the committee.

810- RECONSTRUCTION CONVENTION JOURNAL.

AN ORDINANCE

Granting land to actual settlers, to purchasers of lands, and location
of genuine certificates, within the limits of the Memphis and El
Paso railroad reserve.

Section 1. Be it ordained and declared by the people of
Texas in Convention assembled, That all heads of families
actually settled on vacant lands lying within the Memphis and El
Paso railroad reserve, shall be entitled toandi'eceive from the State of
Texas eighty acres of land, including the place occupied, on payment
of all expenses of survey and patent.

Sec. 2. Be it furllier ordained and declared, That all vacant
lands lying within the Memphis and El Paso railroad reserve is
hereby declared open and subject to sale to heads of faihilies actually
settled on, or who may actually settle in said reserve, at the price of
one dollar per acre; and said vacant land within said reserve shall
be open to preemption settlers, and subject to the location of all
genuine land certificates.

Sec. 3. Whereas, on the fourth day of February A. D. 1856, an act,
entitled "An Act to incorporate the Memphis, El Paso and Pacific
Railroad Company," was approved by the Governor; and

VV^hereas, on the twenty-fifth day of August, 1856, the nineteenth
section of said act was amended and approved by the Governor ; and

Whereas, By the said act and amendment aforesaid, a certain
quantity of lands per mile was granted to said Memphis, El Paso
and Pacific railroad company, upon the express condition that the
said company put in complete order twenty miles of said road; and

Whereas, A large quantity of certificates for lands have been
issued by the Commissioner of the General Land Ofiice to. said com-
pany, and many patents have been issued thereon ; and

Whereas, It is believed by this Convention that said patents and
certificates have been issued in violation of the express provision of
said act,

Therefore be it further resolved by this Convention, That it
shall l)e the duty of the Attorney General of the State of Texas to
prosecute suits in any court in this State, having competent juris-
diction, agjimst said company, or any person or persons holding any
of said certificates or patents for the purpose of having the same
cancelled.

Sec. 4. Be it further ordained and declared, That this ordi-
nance take effect from and after its adoption and approval.

Mr. Carter moved a suspension of the rules, to take up resolution.

RECONSTRUCTION CONVENTION JOURNAL. 811

Upon which the yeas and nays were demanded and resulted
thus :

• Ye:is — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Bledsoe, Bojd, Bryant of Ilariis, Buffington, Caldwell, Car-
tel', Cole, Constant, Curtis, Fayle, Fleming, Foster, Goddin, John-
son of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk, Lippard,
MeCormick, Munroe, Pedigo, Phillips of Wharton, Posey, Rogers,
Scott, Stockbridge, Talbot, Watrous, Wilson of Brazoria, Wright
-35.

Nays — Messrs. President, Butler, Burnett, Degener, Downing,
Evans of McLennan, Flanagan, W. Flanagan, Harris, Johnson of
Harrison, Keuchler, Leib, Lindsay, Long, Mackey, Morse, ]\iuckle-
roy, Newcomb, Oaks, Patten, Huby, Schuetze, Slaughter, Smith
of Galveston, Thomas, Whitmore, Williams, Wilson of Milam,
Yarl)orough — 29.

So the Convention refused to suspend the rules.

Mr. Home introduced the following resolution :

Resolved, That a committee of three be appointed by the chair,
to ascertain up to wiiat date the reporter of this Convention has
written out the speeches and de]:)ates, and to report thereon to-
morrow.

Mr. Butler moved a suspension of the rules for the consideration
of the resolution.

Rules suspended.

Resolution read and adopted.

The President appointed Messrs. Home, Talbot, and Thomas as
the committee.

Mr. Board introduced the following resolution :

Resolred, That this Convention will not force money upon any
member who does not want it.

Mr. Board moved a suspension of the rules for the consideration
of the resolution.

Mr. Johnson, of Calhoun, moved a rejection of the resolution.

Carried.

Mr. Constant, of Hunt, moved to call up the i^eport of the special
committee appointed to visit the Blind Asylum.

The question recurred upon the adoption of the declaration re-
ported by the committee.

It was adopted.

812 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Smith moved a suspension of the rules, to put resolution
upon its passage.

Rules suspended.

Resolution read and agreed to.

The question recurring upon the final passage of the resolution,
it was adopted.

Mr. Schuetze moved that the rules be suspended to take up the
report of the Committee on Education, respecting the appointment of
a committee to visit the State asjlums.

Rules suspended.

The question recurred upon the adoption of the resolution.

It was adopted.

The President appointed Messrs. Schuetze, Munroe, Slaughter,
Talbot and Constant.

Mr. Smith, of Marion, introduced the following declaration :

A DECLARATION

To incorporate the Jefferson, Marshall and Big Cypress Bayou
Bridge Company.

Section 1. That George W. Keene, Aaron Grigsby and W. H.
Johnson, and such other persons as they may associate with them-
selves, and their successors, are hereby incorporated under the name
of the Jeiferson, l^Iarshall and Big Cypress Bayou Bridge Company,
and under sucii name shall sue and be sued, and have succession for
thirty years.

Sec. 2. Said company shall shall have the right to construct a
bridge of iron or wood across the Big Cypress Bayou, at a point
opposite the city of Jefferson, between said city of Jefferson and
Marshall.

Sec. 3. Said company shall constr uct said bridge in a good and
subst;intial manner, Avithin five years from the 1st day of January,
A. D. 1869, and shall keep the same in good repair for the term of
thirty years from the completion thereof, and to be ready at all
times to pass all passengers, carriages, wagons, teams and stock that
may wish to cross on said bridge, and be responsible as common
carriers to the law for any loss of property in transit over said
bridge.

Sec. 4. That said company shall be entitled to charge and receive,
from the completion of said bridge, for the term of thirty years, the
following tolls from all persons who may cross themselves or their
property, viz : four-horse or ox stage, or wagon, loaded, fifty cents ;
for six-horse or ox stage, or wagon, sixty cents; and for each addi-

' RECONSTRUCTION CONVENTION JOURNAL. 813

tional pair of horses, mules, or oxen, attached to said wagon, ten
cents ; for man and horse, ten cents ; sini^le horse and buggy, twcn-
tj-five cents ; two-liorse buggies, two-horse or ox Avagons, forty
cents, other vehicles in propoition; footman, five cents; cattle, five
cents per head ; hogs, sheep and goats, two cents per head ; and all
other property not mentioned in proportion to the above rates.

Sec. 5. Tiiat no other bridge or tbriy shall be constructed or kept
across the said Big Cypress Bayou or river, for the space of thirty
years after the completion of the bridge, with.in a space of four
miles on a straight line up and down said Big Cypress Bayou or
river from said bridge, which said Jefferson, Marsiiall and Big Cy-
press Bayou Bridge Company may construct : provided, that in case
the said bridge shall get out of repair, the said company shall be
authorized to keep a ferry boat for the crossing of passengers over
said bayou or river, until the said bridge is put in order.

Sec. 6. That any person crossing said bridge, or who shall by at-
tempting to pass around said bridge, or otherwise attempt to evade
the payment of the toll herein allowed, when said company are au-
thorizeu to demand and receive the same, shall forfeit and pay to said
company for every such attempt the sum of five dollars for each
tiine attem})ted to be evaded, which may be recovered before any
justice of the peace in whose jurisdiction such per.son may be found ;
provided, nothing herein contained shall be construed to prevent any
person from crossing at any ford on said river, and that this declara-
tion be and have effect from and after its passage, and all laws con-
flicting with this declaration are hereby repealed.

The question recurred upon the passage of the declaration.

It was agreed to.

Mr. Hamilton ,of Travis, moved a suspension of the rules to put
declaration upon its final passage.

Rules suspended.

Mv. Caldwell offered the following amendment :

Amend by adding the names of xlaron Grigsby and William H.
Johnson.

Mr. Patten moved to lay the amendment on the table.

The question recurred upon the adoption of the amendment.

It was adopted.

The question recurred upon the final passage of the declaration,
as amended.

It was passed.

Mr. Degoner called up a declaration offered by ]Mr. Schuetze. on
the 13th iust., respecting the repeal of laws relating to certain of-
fenses on Sundays, approved December 16, 1863.

814 RECONSTRUCTIOlSr CONVENTION JOURNAL.

Mr. Dcgener moved the previous question.

Previous question seconded.

Tiie question recurred : " Shall the main question be now put."

The main question was ordered.

The question recurred upon the adoption of the resolution.

It was adopted.

Mr. Degener moved a further suspension of the rules to put the
declaration on its final passage.

Rules suspended.

Mr. Hamilton, of Travis, moved that the word "repealed " be in-
serted instead of " null and void."

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Butler, Bur-
nett, Caldwell, Carter, Curtis, Downing, Flanagan, W. Flanagan,
Fleming, Foster, Goddin, Hamilton of Travis, Harris, Harn, Home,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib,
Lindsay, McWashington, Morse, Muckleroy, Mundine, Munroe,
Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey,
Rogers, Schuetze, Scott, Smith of Galveston, Smith of Marion,
Stookbridge, Varnell, Wilson of Brazoria, Wilson of Milam,
Wriglit— 49.

Nays — Messrs. President, Degener, Evans of McLennan, Hunt,
Kuechler, Lippard, Newcomb, Patten, Thomas, Whitmore, W^il-
liams — 11.

So the motion prevailed.

The question recurred upon the adoption of the declaration.

It was adopted.

Mr. Davis, of Nueces, called up the report of the special commit-
tee appointed to consider a communication and declaration respecting
the State Penitentiary, laid before the Convention by His Excellen-
cy Governor E. M. Pease.*

By consent of the Convention Mr. Davis withdrew his call, to
allow Mr. Degener to call up the report of the Committee on Polit-
ical Disabilities.

On motion, the Convention adjourned until to-morrow morn-
ing at nine o'clock.

* For report see page 803.

RECONSTRUCTION CONVENTION JOURNAL. 815

CAPITOL, AUSTIN, TEXAS,

Au(iusT21, 1868.

Convention met pursuant to adjournment.

Koll called; quorum present. Pi ayer l)y the Chaplain. Jour-
nals of yesterday read and adopted.

Mr. Grigsby was excused on account of sickness.

Messrs. Glenn, Keuchler and Downing were also excused for the
same reason.

Mr. Patten moved that iMr. Evans of McLennan be indefinitely
excused.

Mr. Smith, of Galveston, moved to suspend the rules to take up
the following resolution :

Resoh-ed. That a committee of three be appointed by the presi-
dent to examine into and inquire by what authority a meml>er of
this Convention holds his seat in violation of military circular No.
16, dated May IGth, 1867, and issued by Brevet Major GeneraL
Griffin and report to this Convention.

Rules suspended. •

Mr. Thomas moved to lay the subject upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — ^lessrs. Armstrong of Lamar, Bryant of Grayson, Buf-
fington, Butlei", Burnett, Constant, W. Flanagan, Harris, Harn,
Kealy, Lippard, McCormick, Morse, Pedigo, Phillips of San Au-
gustine, Phillips of Wharton. Posey, Rogers, Thomas, Yarnell,
Wilson of Brazoria, Wright, Yarborough — 23.

Nays — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Board, Boyd. Bryant of Harris, Caldwell, Carter, Degener, Fayle,
Flanagan, Fleming. Foster, Gaston, Goddin, Hamilton of Travis.
Hunt. Jordan, Kendal, Leib, Lindsay, Long, Mackey, jMuckleroy,
!Munroe, Oaks, Patten, Rul)y, Smith of Galveston, Stockl)vidge,
Sumner, Talbot, Watrous, Whitmore, Williams, Wilson of Milam —
37.

So the Convention refused to lay on the table.

Mr. Sumner moved the previous question.

Previous question seconded.

The question recurred, "Shall the main question be now put?''

The main question was ordered.

The question recurred upon the adoption of the resolution.

It was adopted.

816 RECONSTRUCTION CONVENTION JOURNAL.

The president appointed, upon the committee under the resolu-
tion, Messas. Phillips of Wharton, Pedigo, and Armstrong, of
Jasper.

Mr. Smith, of Galveston, moved that two additional members be
added to the committee.

Carried.

Messrs. Patten and Talbot were appointed.

The president announced the business was upon section forty-five
of the report of the Committee on General Provisions.*

On motion, section fortj-five was adopted.

Mr. Armstrong, of Lamar, offered the following additional sec-
tions :

Gec. — . That it shall be the duty of the Legislature to provide
for the more certain and speedy collection of the fees of the officers
of the courts.

Sec — . That the Legislature shall by law make it a sufficient
cause to strike from the docket any cause v/here the cost of the
officers of the court are not paid on or before the first day of each
term of the court, except the parties shall make oath that they
were unable to pay said cost.

Sec — . That in all cases where persons indicted in any court,
and conviction shall not be had, the State shall pay all costs in eases
of felony and the counties shall pay all costs in cases of misde-
meanor.

Mr. Wright moved to lay the proposed sections upon the table.

Carried.

Mr. Wilson, of Brazoria, offered the following as an additional
section :

It shall be the duty of tlie first Legislature, after the adoption of
this Constitution, to levy a special road tax upon the property of
all persons in this State, and appropriate the same to the building of
bridges and the improvement of public roads in the different counties
in the State, under such rules and regulations as the first Legisla-
ture shall provide.

Mr. Sumner moved to strike out the Avord '' first " before Legis-
lature.

Carried.

The question recurring upon the adoption of the section as
amended, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bell, Bledsoe, Bryant of Harris, Buf-
fington, Butler, Caldwell, Carter, Constant, Curtis, Degener, W.
Flanagan, Fleming, Foster, Hamilton of Travis, Hunt, Johnson of

* For report see page 236.

RECOKSTHUCTION CONVENTIt)N JOURNAL. 817

Harrison, Jordan, Kcaly, Kendal, Long, McCormick, McWash-
ington, Mundinc, Newcomb, Pliillips of Sati Augustine, Phillips of
miarton, Posey, Rogers, Scott, Sumner, Talhot, Thomas, Var-
nell, Whitmore, Williams, Wilson of Brazoria, Wilson of Milam,
Wright^38.

Nays— Messrs. Armstrong of Jasper, Board, Bryant of Grayson,
B irnett, Flanagan, Gaston, (joddin, Harris, Harn, H-orne, Keig-
Avin, Kirk, Leil), Lindsay, Morse, Muckleroy, Pedigo, Smith of
Galveston, Stockbriilge, Watrous, Yarborough — 21.

So the section was adopted.

Mr. Thomas offered the following as an additional section :

" No confirmed drunkard or professional gambler shall be eligible
to office in this State."

JNIr. Home moved to lay the proposed section upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

"Yeas — Messrs. Presi<Ient, Armstrong of Jasper, Bell, Booard, Buf-
fingtoii, Butler, Burnett, Caldwell, Carter, Degener, Fayle, Flana-
gan, Flanagan W., Foster, Gaston, Hamilton of Travis, Harris, Home,
Hunt, Johnson of Harrison, Johnson of Calhoun, Kealy, Keig-
win, Kirk, Lindsay, McCormick, McWashington. Mundine, Munroe,
Patten, Pliillips of San Augustine, Phillips of Wharton, Rogers,
Stockbridge, Varnell, W^atrous, Wilson of Brazoria, Wright — 39.

Nays — INIessrs. Bledsoe, Bryant of Grayson, Bryant of Harris,
Constant, Curtis, Fleming, Goddin, Jordan, Kendal, Leib, Mackey,
Morse, Newcomb, Posey, Smith of Galveston, Smith of Marion,
Talbot, Thomas, Vaughan, Whitmore, Williams, Wilson of Milam,
Yarborough — ^^23.

So the proposed section was laid upon the tjible.

Mr. Lindsay asked leave of absence for to-day for Mr. Schuetze.

Leave granted.

Mr. Foster introduced the following as an additional section :

"Mechanics and artisans of every class shall have a lien upon
the articles manufactured or repaired by them, for the value of their
labor done thereon, or materials furnished therefor : and the Legis-
.lature shall provide by law for the speedy and sufficient enforcement
of said lien."

Mr. Caldwell moved to lay the proposed section upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas— ^lessrs. Armstrong of Jasper, Board, Bryant of Grayson,
Buffington, Caldwell, Constant, Fayle, Fleming, Gaston, Hamilton
52

818 RECON'STRtCTrON CO^TVE'XTION' JOtJRiSr AL.

of Travis, Harris, Harn, Harne, Keigwin, Kirk, Lindsay, Mackey,-
Morse, Muckleroy, Mundine, Munroe, Posej, Varnell, Vaughan,
Wilson of Milam, Wright— -26.

Nays — Messrs. President, Armstrong of Laraar, Bell, Bledsoe,
Bryant of Harris, Butler, Burnett, Carter, Cole, Curtis, I>egener,
Flanagan, W. Flanagan, Foster, Goddin, Hunt, Johnson of Har-
rison, Johnson of Callioun, Jordan, Kealy, "Kendal, Leib, Long,
McCorraick, Mc Washington, Newcomb, Rogers, Buby, Smith of
Galveston, Smith of Marion, Stockbridge, Talbot, Thomas, Watrous^
Whitmore, '^Villiams, Wilson of Brazoria, Yarborough — SS-.

So the Convention refused to lay the section upon the table.

The question recurring upon the adoption of the section, it was
adopted.

Mr, Bryant, of Harris^ offered the following as an additional
section :

" Every settler on the public domain of the State shall be entitled,-
upon proof of actual settlement for the term of three years, to locate
and appropriate a tract of one hundred and sixty acres of land, if
the head of a flimily, and a tract of eighty acres of land, if not the
head of a family, which shall become the property of the settler in
fee simple, free of all costs whatever, other than the expense of sur-
veying."

Mr. Goddin moved to lay the section upon the table.

Upon which the yeas and nays were demanded send resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Board, Bryant of Gray-
son, Buffington, Caldwell, Constant, Fayle, Fleming. Gaston, Hamil-
ton of Travis, Harris, Harn, Home, Keigwin, Kirk, Lindsay.
Mackey, Morse, Muckleroy, .Mundine, Muni'oe, Posey, Varnell,
Vaughan, Wilson of Milam, Wright — 26.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bledsoe.
Bryant of HaiTis. Butler, Burnett, Carter, Cole, Curtis, Degener,
Flanagan, W. Flanagan, Foster, Go<ldin, Hunt, Johnson of Har-
rison, Johnson of Calhoun, Jordan, Kealy, Kendal, Leib, Long,
McCormick, McWashington, Newcomb, Rogers, Ruby, Smith of
Galveston, Smith of Marion, Stockbridge, Thomtis, Talbot, Wat-
reus, Whitmore, Williams, Wilson of Brazoria, Yarborough — 38.

So the Convention refused to lay the proposed section upon the
table.

Mr. Carter moved that the report of the Judiciary * be taken up,-

* For report see p 465.

RECONSTRUCTION CONVENTION JOURNAL. 819

Carried.

Mr. J3utlcr moved that the report ])c considered section by section.

Cari'ied.

Mr. Board moved that the word "constitution" be stricken out
in third line ofsi^ction one.

Mr. Wi'ight moved the previous question.

Previous (juesiion seconded.

The question recuri'ed, " shall the main question be now put?"

Main question ordered.

The question recurred upon the a'loption of section one of the
report.

It was adopted.

Mr. Butler otfcred the following amendment to section two :

Strike out from the word " appointed'' on the second line to the
word " Senate," in the third line inclusive, and insert "elected by
the qualified electors of the State."

Mr. Flanagan moved to lay the amendment on the table.

Upon v.-hich the yeas and nays were called, and resulted
thus :

Yens — IMessrs. Armstrong of Jasper, Armstrong of Lamar, Board,
Bryant of Grayson, Cole, JFlanagan, W. Flanagan, Fleming, Fos-
ter, Gaston, Goddin, Hamilton of Travis, Hanis, Harn, Home,
Johnson of Callioun, Jordan, Kealy, Keigwin, Kirk, Lindsay, Muck-
leroy, jMundine, Munroe, Posey. Scott. Smith of IJalveston, Stock-
bridge, Thomas, Varnell, Vaugiian, Wilson of MiJam, Wright, Yar-
borough — 84.

Nays — Messrs. President, Bell, Bledsoe, Bryant ui Harris, Buf-
fington, Burnett. Carter, Caldwell, Curtis, Fayle, Hunt, Johnson of
Harrison, Kendal, Leib, Long, Mackey, McWashington, Morse,
Ruby, Smith of Marion, Talbot, VVhitmore, Walrous, Wilson of
Brazoria — 24.

So the amendment was laid upon the table.

Mr. Sumner Offered the following amendment :

Amend by striking out the word " fiftee'i," in third line, and
substitute the avo-xI "six;" also, the word "two," in place of
" three," in fifth line.

My. McConuick moved the previous question.

Previous question seconded.

The question recurred, " shall the m;un question be now put?"

L^pon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bryant of Grayson,
Buffington, Caldwell, Carter, Constant. Curtis. Fayle. Flanagan, W.
Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Harn,

820 RECONSTRUCTION CONVENTION JOURNAL.

Home, Johnson of Calhoun, Lindsay, Long, Mackej, McCormick,
Mc Washington, Munroe, Pedigo, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Rogers, Ruby, Scott, Smith of Galves-
ton, Stockbridge, Thomas, Varnell, Vaughan, Watrous, Wilson of
Brazoria, Wright, Yarborough — 40.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Board,
Boyd, Bryant of Harris, Butler, Burnett, Cole, Degener, Gaston,
Goddin, Hunt, Jordan, Kealy, Kendal, Kirk, Leib, Lippard, Morse,
Muckleroy, Mundine, Newcomb, Oaks, Smith of Marion, Sumner,
Talbot, Whitmore, Williams— 29.

So the main question was ordered.

The question recurred, " shall the section be adopted ?"

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bryant of Grayson,
Buffington, Burnett, Caldwell, Carter. Constant, Fayle, Flanagan,
W. Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Harn,
Home, Johnson of Calhoun, Leib, Lindsay, Long, Mackey, Mc-
Cormick, Mc Washington, Munroe, Pedigo, Phillips of San Augus-
tine, Phillips of .Wharton, Posey, Schuetze, Smith of Galveston,
Stockbridge, Thomas, Varnell. Vaughan, Watrous, Wilson ofBra-
zovia, Wright, Yarborough — 39.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Board,
Boyd. Bryant of Harris, Butler, Cole, Degener, Gaston, Goddin,
Hunt, Johnson of Harrison, Jordan, Kealy, Kendal, Kirk, Lippard,
Morse, Muckleroy, Mundine, Newcomb, Oaks, Patten, Rogers,
Smith of Marion, Sumner, Talbot, Whitmore, Williams- -30.

The Convention adopted the second section.

Mr. Home offered the following amendment to section three :

Li line four, after the word "two'' insert "or of fact," and after
the word "judge" insert "or by the jury."

Li line six, strike out "thirty" and insert "sixty."

Carried.

Mr. Smith, of Galveston, moved the previous question.

Previous question seconded.

The question recurred, "shall the main question be nov/ put?"

Upon Avhich the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Bryant of Grayson, Bryant of Harris, Buf-
fington, Butler, Caldwell, Carter, Cole, Curtis, Fayle, Flanagan,
W.Flanagan, Fleming, Foster, Goddin, Hamilton of Travis, Harris,
Harn, Home, Johnson of Calhoun, Jordan, Kealy, Keigwin, Ken-
dal, Kirk, Leib, Lindsay, Lippard, Long, Mackey, McCormick,
Mc Washington, Morse, Muckleroy, Mundine, Munroe, Oaks, Pedigo,

RECONSTRUCTION CONVENTION JOURNAL. 821

Phillips of San Augustine. Phillips of Wharton, Posey, Rogers,
llubj, Scott, Smith of Galveston, Smith of Marion, Stockhridge,
Talbot, Thomas, Varncll, Vaughan, Watrous, Whitmore, \Villianis,
Wilson of Brazoria, Wilson of Milam, Wiight — 62.

Nays -Messrs. President, Hunt, IS[e^\■eomb, Patten — i.

So the main question was ordered.

The question recurred upon the adoption of the third section.

It was adoj)ted.

Mr. Sunnier offered the followino; amendment to section four :

Amend hy striking out three last words, and insert "four other
places in the State."

Mr. Flanagan moved the previous question.

Previous question seconded.

Mr. Suinner moved a call of the House.

Call sustained.

Absentee — Fleming.

Mr. Carter moved a suspension of the call of the House.

Call suspended.

The question recurred, " shall the main question be now put?"

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Board, Bryant of Grayson, Buffington, Burnett. Caldwell,
Carter, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster,
Gaston, Hamilton of Travis, Harris, Harn, Home, Johnson of
Harrison. Jolnison of Calhoun, Keigwin, Kirk, Leib. Lindsay,
Long, Mackey, McCormick, Mc Washington, ' Mundine, Munroe,
Phillips of San Augustine, Phillijis of Wharton, Pos.'y, Rogers,
Scott, Stockhridge, Thomas, Vaughan, AVatrous, Wilson of Brazoria,
Wriglit-43.

Nays — Messrs. President, Bledsoe, Boyd, Bryant of Hams,
Cole, Curtis, Degener, Goddin, Ilunt, Jordan, Kealy, Kendal,
Lippard. ]Morse, Muckleroy, Newcomb. Oaks, Patten. Pedigo,
Ruby. Smith of Gah'eston, Smith of. Marion, Sumner. Talbot,
Yaa-nell, Whitmore, Williams, Wilson of Milam, Yarborough — 29.

So the main question was ordered.

The question recurring, "shall section four of the re})ort be
adopted?"

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper. Board. Bryant of Grayson,
Buffington. Burnett. Caldwell, Carter. Constant, Fayle. Flanagan,
AV. Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Harn,
Home, Johnson of Harrison, Johnson of Calhoun, Jordan. Keig-
Avin, Leib, Lindsay, Long, Mackey, McCormick, McWashington,

822 HECONSTRUCTION CONVENTION JOURNAL.

Munroe, Mundine, Phillips of San Augustine, Phillips of Wharton,
Posej, Scott, Stockbridge, Thomas, Vaughan, Watrous, Wilson of
Brazoria, Wright — 39.

Nays — iiessrs. President, Armstrong of Lamar, Bell, Bledsoe,
Boyd, Bryant of Harris, Butler, Cole, Cui'tis, Degener, Gaston,
Goddin. Hunt, Kealy, Kendal, Kirk, Lippard, Morse, Muckleroy,
Newcomb, Oaks, Patten. Pedigo, Rogers, Ruby, Smith of Galves-
ton, Smith of Marion, Sumner, Talbot, Varnell, Whitmore, Wil-
liams, Wilson of Milam, Yarl^orough — 34.

So section four was adopted.

Mr. Bledsoe movei that the words " the Supreme Court shall
employ its own clerks" be stricken out of section five, and the
words " elected by the qualified voters" inserted.

Mr. Flanagan moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Board, Boyd, Bryant of Grayson, Buffington, Burnett,
Caldwell, Carter, Cole, Constant, Fayle, Flanagan, \V. Flanagan,
Fleming, Foster, Hamilton of Travis, Harris, Ham, Home,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin,
Kirk, Leib, Lindsay, Long, Mackey, McY^'^ashington, Muckleroy,
Mundine, Munroe, Pedigo, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Scott, Smith of Galveston, Stockbridge,
Sumner, Thomas, Varnell, Vaughan, Watrous, Whitmore, Wilson of
Brazoria, Wilson of^ Milam, Wright — 52.

Nays — Messrs. Bell, Bledsoe, Bryant of Harris, Butler, Curtis,
Degener, Gaston, Goddin, Hunt, Kendal, Lippard, Morse, New-
comb, Oaks, Ruby, Smith of Marion, Talbot, Williams— 18.

So the amendment was laid upon the table.

Mr. Munroe offered the following amendment :

Amend by inserting " clerk" instead of "clerks," in section five,
first line, and the word " his," instead of the Avord " their," first
line, and the word "office," in place of the word "offices," first
line, and the word "clerk," instead of the word "clerks," third
line.

The question recurred upon the adoption of the amendment.

It was adopted.

The question recurred upon the adoption of section five, as
amended.

It w;\s adopted.

Mr. Kirk offered the following amendment to section six :

In second line strike out "appointed by the Governor by and with
the advice and consent of the Senate," and insert " elected by the

RECONSTRUCTION CONVENTION JOURNAL. , 823

•qtialified electors of said district ;" in third line strike out '• appoint-
ment'' and insert ''elected."

Mr. Curtis moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded and resulted
tlius :

Yeas — Messrs. President, Armsti'ong of Jasper, Armstrong of
Lamar, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter,
Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamil-
ton of Travis, Ham, Home, Johnson of Calhoun, Jordan, Kealy,
Leib, Lindsay, Mackey, McCormick, ^JcWashington, jNIunroe,
Pedigo, Phillips of San Augustine, Phillips of Wharton. Posey,
Rogers, Scott, Smith of Galveston, Stockbridge, Vaughan, Watrous,
Wilson of Brazoria, Wright, Yarl)orough — -39.

Nays — ^lessrs. Bell, Bledsoe, Board, Boyd, Bryant of Harris,
Butler, Cole, Cuitis, Degencr, Gaston, Goddin, Harris, Hunt,
Johnson of Harrison, Keigwin, Kendal, Kirk, Lippard. Morse,
Muckleroy, Mundine, Newcorab, Oaks, Patten, Ruby, Smith of
Marion. Sumner, Talbot, Thomas, Whitmore, Williams, Wilson of
Milam— 32.

So the amendment was laid upon the table.

Mr. Davis, of Nueces, offered tiie following amendment to section
six.

Provided^ That the first general election after the fourth of
July, 1876, the qilestion shall be put to the people whether the
mode of election of judges of the supreme and tlisti'ict court shall
not be returned to.

Mr. Caldwell moved to amend by inserting the word 'Mnay"
instead of "shall."

W^ithdrawn.

Mr. Hamilton, of Travis, moved to lay the amendment upon the
table.

Upon which the yeas and nays w^ere demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Bryant of Grayson, BuflRng-
ton, Burnett, Caldwell, Constant. Fayle. Flanagan, W. Flanagan,
Fleming,, Hamilton of Travis, Lindsay, ^IcCormick, McWashington,
jNIunroe, Pedigo, Phillips of San Augustine, Posey, Scott, Stock-
bridge. Yarneil, Watrous, Wilson of Brazoria. Yarborough — 24.

N;iys — ^Messrs. President, Armstrong of Lamar. Bell. Bledsoe,
Board, Bryant of Harris, Butler, Carter, Cole. Curtis. Degeuer,
Foster, Goddin, Harris, Harn, Home. Hunt. John.son of Calhoun,.
Johnson of Harrison, Jordan. Kealy. Keigwin. Kendal. Kirk, Leib,
Lippard, Mackey, Morse, 3Lickleroy, Mundine, Newcomb, Oaks,

824' RECONSTRUCTION CONVENTION JOURNAL.

Patten, Phillips, of Wharton, Rogers, Ruby, Smith of Galveston^
Smith of Marion, Sumner, Talbot, Thomaa, Vaughan, Whitmore,.
Williams, Wilson of Milam, Wright — 46.

The Convention refused to laj the amendment on the table.

Mr. Webster Flanagan moved the j^revious question.

Previous question seconded.

The question recurring " s-hall the main question be now put?"'
the yeas and nays were demanded, and resulted thus :

Yeas — ^Messrs. Buffington, Burnett, Constant, Fayle-, Flanagan,,.
W. Flanagan, Fleming, Hamilton of Travi-s, Leib, McCormick,.
McWashington, Munroe, Pedigo, Phillips of San Augustine,
Phillips of Wharton, Scott^ Stockbridgej Varnell, Watrous, Wilson,
of Brazoria, Wright — 21.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Board, Bryant of Grayson, Bryant of Harris,.
Butler, Caldwell, Carter, Curtis, Degener, Foster, Goddin, Harris,.
Harn, Home, Hunt, Johnson of Harrison, Johnson of Calhoun,.
Jordan, Kealy, Keigwin, Kendal, Kirk, Lindsay, Lippard, Mackey,.
Morse, Muckleroy, Mundine, Newcomb, Oaks, Patten, Posey,.
Rogers. Ruby, Smith of Marion, Sumner, Tallwt, Thomas, Vaughan,.
Whitmore, Williams, Wilson of Milam, Yarborough — 47.

So the Convention refused to order the main question.

The question recurred upon the adoption of the amendment.

Mr. Thomas moved to amend the amendment ffj striking out the-
woids "supreme and."

Mr. Bell moved to lay the amendment to the amendment upon*
the table.

Carried.

The amendment was adopted.

Mr. Armstrong, of Jasper, offered the following amendment :

Strike out the fourth and fifth lines, and insert "shall hold courts
in each county thereof at such time and place as may be prescribed'
by law."

The question recm-red upon the adoption of the amendment.

It was rejected.

]\Ir. Boaid offered the following amendment :

Strike out " three terms" a year, and insert " two termvS."

Mr. McCoriTuck moved the previous question upon the adoption of
section six, as amended.

Previous question seconded.

The question recurred, " shall the main question be now put?""

Main question ordered.

The question recuri'ing upon the adoption of the section as^
amended, the yeas and nays were demanded and resulted thus :

RECONSTRUCTION CONVENTION JOURNAL. 825

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Bryant of Grayson, Bryant of Harris Euflfington, Burnett, Cald-
well, Constant, Carter, Curtis, l)e;4ener, Fayle, Fleming, Foster,
Goddin, Jlamilton of Travis, llarn. Home, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib, Lind-
say, Long, Mackey, McCormiek, McWashington, Mundine, Muaroe,
Oaks, Pedigo, Phillips of San Augustine, Phillips of Wharton,
Posey, Rogers, Ruby, ISmith of Galveston, Stockbridge, Thomas,
A'^irnell, Vaughan, Watrous, Williams, Wilson of Brazoria, Wilson
of Milam, Wright— 51.

Nays — Messrs. Armstrong of Jasper, Board, Cole, W. Flanagan,
Gaston, Harris, Hunt, Morse, Newcorab, Patten, Smith of Ma)ion,
Whit more — 12.

The Convention adopted the section.

Mr. Board offered the following amendment :

In section seven, strike out all fiom the twelfth line, and leave
powers of the county and police courts as they now stand.

Mr. Burnett moved the previous question.

Previous question seconded.

Mr. Sumner moved a call of the House.

Call sustained.

On motion the Convention adjourned until four o'clock this after-
noon.

AFTERNOON SESSION — FOUR o' CLOCK,

Convention met pursuant to adjournment.

Roll called. Quorum present.

Mr. Carter introduced a petition from tlie citizens of Parker
county Inspecting indigent persons therein, and asked its reference
to the Committee on State Affairs.

Mr. Bryant of Grayson was excused on account of sickne?;s.

jMr. Varnell, from the Committee on Apportionment, reported
upon senatorial and representative districts of the State.

Reading dispensed with and ordered to be printed.

Mr. Hunt, from Committee on State Affairs, reported as follows,
with accompanying declaration ;

826 reconsteuction convextiolsr journal.

Committee Room,
Austin, August 21, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir: Your Committee on State Affiiirs have had under consider-
ation a declaration, presented bj Mr. Kirk, in reference to the re-
linquishment hj the State of the State tax of the county of Erath
assessed in 1868. to be used in replacing the records of said county,
recently destroyed by fire.

We find, upon investigation, that the office buildings of county
clerk, district clerk and county surveyor, together with all of the
records, were burnt in September, 1867.

This county being upon tiie frontier, has also suffered from the
depredations of Indians to such an extent that the people, in many
cases, have been reduced to absolute want, and are unable to bear
the additional taxation necessary to supply the required records.

These facts considered, a majority of your committee have in-
structed me to report the declaration back to the Convention, and
ask its passage.

H. C. HUNT,

Chairman.

DECLARATION

Requesting the Commanding General of the Fifth Military District
to order the relinquishment of the State tax assessed for the year
1868, in the county of Erath, to said county, for the purpose of
replacing the records recently destroyed by fire.

Section — . Be it ordained and declared by the people of
Texas in Convetition assembled, :

That Brevet Major-General J. J. Reynolds, commanding the
Fifth Military District, be and he is hereby respectfully requested
to order the relinquishment to the county of Erath, of the State tax
assessed in said county for the year 1868, to be used in replacing
the records of said county, recently destroyed by fire.

Mr. Kirk moved a suspension of the rules for the consideration of
declaration.

Rules suspended.

Declaration read second time and agreed to.
' Mr. Pedigo moved a further suspension of the rules to put decla-
ration on its passage.

RECONSTRUCTION CONVENTION JOURNAL. 827

Rules suspended.

Resolution road third time ;vnd iulo))ted.

Mr. McCorniiek asked leave of absence for Mr. Scott.

Leave granted.

Mr. Hamilton of Travis offered the following declaration :

A DECLARATION

For the relief of the heirs of General Sam. Houston, deceased.

Section 1. Be if declared and ordained, That the land certifi-
cate heretofore issued bj the lawful authorities of the Republic of
Texas on the twentieth of June, 1858, to General Sam. Houston, for
milit uy services from November, 1835, to October, 183G. for twelve
hundred and eighty aci'es of land, lieing No. 3,894, be and the same
is hereby approved and declared to be a valid and just claim from
its date against the State of Texas, and the Commissioner of the
Geneial Land Office is hereby authorized to issue a patent on tiie
same to the heirs of Sam. Houston, dece;i,sed.

Mr. Hamilton of Travis moved a suspension of the rules for con-
sideration of declaration.

Rules suspended.

Declaration read and agreed to.

Mr. Johnson of Harrison moved a further suspension of the rules
to put the declaration on its passage.

Rules su.spended.

Declaration read third time and passed.

Mr. Carter introduced the following resolution:

Be.'iolred, That this Convention take a recess from Monday,
thirty-first August, to the first ^Monday in December, 18G8.

Mr. Carter moved a suspension of the rules to take up resolu-
tion.

Upon -which the yeas and nays were demanded, and resulted
thus :

Yeas — rvlcssrs. President, Armstrong of Jasper, Armstit»ng of
Lamar. Bell. Bledsoe, Board, Boyd. Burnett, Carter, Cole. Curtis,
Fayle, Flanagan, Gaston, Harris, Harn, Hunt, Johnson of Harrison,
Keigwin. Kendal, Kirk, Leib, Lippard, Long, McCormick, McWash-
ington, Morse, Munroe^ Newcomb, Oaks, Patten. Peuigo, Slaugh-

828' KECONSTRUCTION CONVENTION JOURNAL.

ter, Talbot. Thomas, Wilson of Bi-azoria, Wilson of Milam, Yar-

Tbo rough — 38.

Najs — Messrs. Buffington, Caldwell, Constant, W. Flanagan,
Fleming, Foster, Goddin, Hamilton of Ti-avis, Johnson of Calhoun,
Jordan, Kealj, Mundine, Phillips of San Augustine, Phillips of
Wharton, Rogers, Smith of Galveston, Smith of Marion, Stock-
bridge, Yarnell, Vaughan, Watrous, Whitmore, Williams, Wright
—25.

Rules not suspended.

Mr. Flanagan introduced the following resolution :

Besolced, That the Secretary be required to issue to the copying
clerk assisting the secretaries, a certificate for his pay at four dollars
per diem from the date of his employment.

Mr. Flanagan moved a suspension of rules to take up resolution.

Rules suspended.

On motion the resolution was referred to the Committee on Con-
tingent Expenses.

Mr. Munroe introduced the following declaration, and asked its
reference to the Committee on Internal Improvements.

A DECLARATION

Supplemental to the declaration in relation to railroads, declared
August 10, 1868.

Section 1. Be it further declared^ That the right of way in-
tended to be granted by said declaration shall extend to the width of
two hundred and fifty feet, for the purpose of a double track ; and
where it runs through the public lands, the State grants it in full
property ; and >vhere the same runs through the lands of individuals,
said company may acquire the same by purchase or condemnation
under the law.

Sec. 2. The said International Pacific Railway Company shall
have the further right to extend two brandies of said road from
points of intersection to the Gulf of Mexico, with all the rights and
franchises which app'^rtain to the main trunk of said road.

Se». 3. And the line of said International Pacific Railroad, in
Texas, is more clearly defined, to commence at or near a point on
the east l)oundary line of the State, where the States of Arkansas
and Louisiana join, and to run south-west to the Rio Grande, to or
near Laredo ; and to aid in the construction of said road, and enable
the company to furnish homesteads to freedmen and other operatives

RECONSTRUCTION CONVENTION JOURNAL. 829

upon the rond, there is hereby reserved to said company all public
unlocated land for twenty miles on each side of said line, to aid in
the construction and maintenance of the road, in the way of timber,
stone, lime and fuel ; and if the company complete said road betAveen
said points within six years from date, its light to the public land
within said reservation shall become absolute.

Sec. 4. Said company shall have the right to vary the guage of
said road and hranches in Texas, so as to correspond with the uni-
form guage from Cairo, without impairing the right of said company
to the benefits granted to other lailroads by the general laws of
Texas, which shall include the right of constructing and operating
telegraph lines along said road and branches ; of building the neces-
sary switches, turn-outs, stations, machine shops ; of purchasing,
selling and disposing of lands; of ac(|uiring and usino- wharves and
depots and wliarf privileges ; of establishing and maintaining all the
ne<?essary agents to carry on their business, and exercising in Texas
all the grants and franchises which shall be conceded by Congress
and the Mexican government in aid of the great work of construct-
ing an International Pacific Railroad from Cairo to the Pacific
ocean.

It was so referred.

On motion the rules were suspended to receive the report of the
special conuiiittee appointed to inquire into the murder of Captain D.
M. Hart, by the rebels, with accompanying declaration.

Austin, August 21, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : The special committee appointed to " investigate the circum-
stances of the murder of Captain Martin D. Hart, oi" Hunt county,
during the rebellion, and to report the same to this Convention, with
suitable resolutions," have discharged their duties in the premises,
and beg leave to report herewith the testimony of Wm. H. Graham,
Sergeant-at-Arms of this Convention, and a gentleman who surren-
dered with Captain Hunt, as giving full details of the circumstances
of the murder, and which is the only evidence, outside of mere hear-
Say, that the committee could obtain. The committee also report
herewith a preamble and resolutions which they respectfully recom-
mend be adopted.

The committee do not deem it necessary to comment upon the
horrible murder of Captain Hart. Let the flicts. as detailed by the
eye-witness, and Avhich, we doubt not, can be fully confirmed by the

830 RECONSTRUCTION CONVENTION JOURNAL.

testimony of other living eye-witnesses, suggest their own comments.
We would state, however, that Captain Hart was a highly respected
and honored citizen of his section, and, before the war, had enjoyed
the honor of serving his fellow-citizens in the legislative councils of
our State ; and that we deem it proper that the loyal people of
Texas, whose true friend he was until his death, should pay a tribute
of respect to his memory, and tender to his bereaved family and
friends their sympathies.

Very respectfully,

A. M. BRYANT,

Chairman.

RESOLUTIONS.

Whereas, Hon. Martin D. Hart, of Hunt county, Texas, Captain
of Company A, First Texas Cavalry, U. S. A., was, on the twenty-
first day of January, 1863, at or near Fort Smith, Arkansas, most
foully murdered by a company of rebel ofiicers and men, for no
other crime than his loyalty to his government ; therefore, be it

Resolved^ That in the death of Captain Hart the loyal people of
Texas lost a true and tried friend, and the- people of his immediate
section an honorable and much respected citizen.

Resolved., That the loyal people of Texas deeply sympathize with '
the bereaved widow and children and relatives of the deceased ; and,
in behalf of the loyal people, we hereby offer our condolence in their
sad ])ereavement.

Resolved, That a copy of these resolutions, signed by tlie Presi-
dent and Secretary, be forwarded to Mr. Hart, at Greenville, Hunt
county. Texas.

Mr. Caldwell moved a suspension of rules to consider the declarar-
tion.

Rules suspended.

Declaration read a second time and agreed to.

Mr. Bryant of Grayson moved a further suspension of the rules to
put declaration on its passage.

Rules suspended.

Declaration read third time and passed.

Mr. Caldwell moved a suspension of the rules to take up the fol-
lowing resolution :

Whereas, There is no jail in the county of Montgomery, and the
employment of guards for prisoners is bankrupting said county ;
therefore,

RECONSTRUCTION CONVENTION JOURNAL. 831

Be It declared by the people of Texas in Convention assem-
bled, That tlic Cominamliiig Geiici':il of tlie Fifth Milituiy District of
the [Iiiited States be, aii(l he is hereby respectfully requested, to
relinquish the State taxes for the year 1H67 not yet collected, and
the taxes for the year 18G8, to the said county of Montgomery, for
the purpose of erecting a jail.

Rules suspended.
Declaration read and a<2;rced to.

Mr. Caldwell moved a further suspension of the rules to put
declaration on its passage.
Rules suspended.

Declaration read third time and passed.
Mr. Smith of Galveston, offered the following declaration :

DECLARATIOI^.

Be it declared by the people of Texas in Convention assem"
bled:

That John C. Watrous, District Judge of the United States Dis-
trict Court of the Eastern District of the State of Texas, has been
re(|uested by the State of .Texas to resign, and has been unanimously
rejommended to be impeached for high crimes and misdemeanors by
the Judiciary Committee of the United States House of Represent-
atives of the Til irty -fourth and Thirty-sixth Congress of the United
States, it is, therefore, the sense of this Convention, in vindicating
the purity of the Bench, as well as in the maintenance of the integ-
rity of the judicial officers of Texas, that it is the duty of Congress
to again investigate the grave charges made against John C.
Watrous, with a view to their final disposition.

Mr. Varnell moved the rejection of the declaration.

Upon which the yeas and nays were demanded and resulted
thus:

Yeas — INIessrs. Armstrong of Jasper, Ai-mstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Burnett,
Caldwell, Carter, Cole, Constant, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, Gaston, Goddin, Hamilton of Travis. Harris,
Ham. Hunt, Johnson of Calhoun, Jordan, Keigwin. Kirk. Leib,
Lindsay, Long, Mackey, McCormick. ]\Iorse, Mundine. Munroe,
Pedigo, Phillips of San Augustine, Phillips of Wharton, Rogers,
Slaughter, Smith of ]\Lirion, Stockbridge, Talbot, Tliomas, Yarnell,
Vaughan, Whitmore. Wilson of Brazoria, Wilson of Milam, Wright
—51.

832 REOCNSTRUCTIDN CGKVENTI02? JOURNAL.

Nays —Messrs. President, Curtis, Johnson of Harrison, Kendal,
Lippard, Mc Washington. Newcomb, Oaks, Patten, Rubj, Smith
of Galveston, Williams— 12.

So the Convention rejected the declaration.

Mr. Davis of Nueces called up the report of the special commit-
tee appointed to report upon the communication and declaration laid
before the Convention by his Excellency ex-Governor E. M. Pease.*

Mr. Burnett moved that the substitute for the first clause of the
declaration reported by the majority of the committee be laid upon
the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bell, Boyd, Bryant of Grayson, Bnffington, Burnett, Flanagan, W.
Elanagau, Fleming, Gaston, Hamilton of Travis, Harris, Harn,
Johnson of Harrison, Kealy, Keigwin, Kirk, Lindsay, Morse,
Munroe, Phillips of San Augustine, Posey, Rogers, Smith of
Galveston, Stojkbridge, Thomas, Varnell, Vaughan, Wilson of
Brazoria, Wright — 31.

Nays — Messrs. President, Bledsoe, Bryant of Harris, Butler,
Caldwell, Carter, Con:jtaut, Curtis, Fayle, Foster, Goddin, Hunt,
Johnson of Calhoun, Jordan, Kendal, Leib, Mackey, McCor-
mick, McWashington, Newcomb, Patten, Phillips of Wharton,
Ruby, Slaughter, Smith of Marion, Talbot, Watrous, Whitmore,
Williams, Wilson of Milam— 30.

So the amendment was laid upon the table.

Mr. Burnett moved that the first clause of the original dealaration
be adopted.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — 'Messrs. Armstrong of Jasper, Armstrong of Lamar, Bled-
soe, Board, Bryant of Grayson, Buffington, Burnett, Caldwell, Con-
stant, Fayle, Flanagan, Flanagan W., Fleming, Foster, Hamilton of
Travis, Harris, Harn, Johnson of Calhoun, Kealy, Kirk, Leib, Lind-
say, Long, Mackey, McCormick, Morse, Mundine, Munroe, Phillips
of San Augustine, Phillips of Wharton, Posey, Rogers, Smith of
Galveston, Stockbridge, Thomas, Varnell, Watrous, Wilson of Bra-
zoria, Wilson of Milam — 39.

Nays — Messrs. President, Bryant of Harris, Butler, Curtis,
Gaston, Goddin. Hunt, Johnson of Harrison, Jordan, Kendal. New-
comb, Oaks, Patten, Ruby, Slaughter, Smith of Marion, Talbot,
Whitmore. Williams, Wright— 20.

So the Convention agreed to the first clause.

Mr. Caldwell moved that the blank be filled by ^50,000.

RECONSTRUCTION CONVENTION JOURNAL. 808

Mr. Davis, of Niiccos, offered the followiag jiraendment :

And provided, That the State, through the Governor, shall be
authorized to terminate such lease at any time on giving six months
notice, in case it should prove, on trial, that this system of lease is
inexpedient, or hurtful to the interest^ of the State, or the inmates
of the Penitentiary,

The question recurred ujwn the adoption of the amendment.

It was not agreed to.

Mr. Munroe offered the following amendment :

And the Governor shall be empowered to insert such other terms
in the contract as he may deem of interest to the State, which do
not conflict with the rules herein prescribed.

The amendment was adopted.

The question recurred upon the adoption of the declaration.

It was adopted.

Mr. Burnett moved a suspension of the rules to put declaration
<9n its passage.

Rules suspended.

The declaration was passed.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL, AUSTIN, TEXAS,

August 22, 1868.

Oonvention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

The president announced the business in order was section seven
of the report of the Judiciary Committee,* upon the amendment to
section seven, offered by Mr. Board.

Upon the adoption of the amendment, the yeas and nays were de-
manded and resulted, thus :

Yeas — Messrs. President, Bledsoe, Board, Bryant of Grayson,
Constant, Flanagan, Flanagan W., Harris, Jordan, Mundine,
Rogers, Talbot— 12.

Na3^s — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bryant of Harris, Buflington, Butler, Burnett, Caldwell, Carter,

*¥ot report see page 465.
00

834 EECONSTEUGTION CONVENTION JOTTRNAL.

Cole, Curtis, Degoii^r, Downing, Fayle, Fleming, Gaston, Goddin,
Hamilton of Travis, Harn, Home, Hunt, -Tobnson of Harrison, John-
son of Calhoun, Keigwin, Kendal, Leib, Lindsay, McWashington,
Moise, Mucklero/, Munroe, Nevv^comb, Patten, Pedigo, Phillips of
San Augustine, Pliillips of Wharton, Rulij, S-^huetze, iScott, Smith of
Galveston, Stoekbridge, Thomas, Varnell, ^ A^aughan, Watrous,
"Whitmore, Wilson of Brazoria, Wilson of Milam, Wright, Yarbor-
ough — 50.

fc^o the Convention refused to adopt the amendment.

Mr. Lindsay off^^red the following amendment to section seven :

At the end ofJirst line insert "causes;" at the beginning of
thirteenth line, the words "fur the:" in the same line after the
word appointing, "of;" after "guardians " insert " for the;" af-
ter "granting" insert " of;" and in sixteenth line after the word
"and" insert "for."

The question recurred upon the adopt/on of the amendment.

It was adopted.

The section a§ amended was adopted.

Mr. Wright moved the previous ("(uestion upon the adoption of
section eight.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

Main question ordered.

The (juestion recurred upon the adoption of the section.

U}X)n which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of La-
lUar, Bell, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter
Cole, Constant, Downing, Fayle, Flanagan, Flanagajr W., Foster,
Goddin, Hamilton of Travis, Harn, Home, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigv*^in, Kirk, Lei'o, Lind-
say, Long, McWashington, Munroe, Newcom]), Pedigo, Phillips of
San Augustine, Phillips of Wharton, Rogers, Ruby, Scott, Smith of
Galveston, Stoekbridge, Talbot, Thomas, Varnell, Va,ug]ian, Wa-
trous, Williams, Wilson of Brazoria, Wilson of Milam, Wright; — 49.

Nays — Messrs. Bledsoe, Board, Boyd, Bryant of Harris, But-
ler, Curtis, Degener, ■ Gaston, Harris, Hunt, Kendal, Morse,
Oaks, Patten, Whitmore, Yarborough — 16.

So the Convention adopted the section.

Mr. Patten moved to strike out the words "judge thereof" in
the first line, and insert " Governor of the State."

The amendment was not agreed to.

Mr. Kirk offered the following amendment :

Strike out, in first and second lines, the words "be appointed by

BECONSTRUCTION CONVENTION JOURNAL. 835

the jiiilj^c thereof,'' and insert " sliall bo elected by the qualified
electors in each county."

Mr. Whituiore oiFered the follov/ing amendment :

Strike out in first line all after the words '• sh;iU be," and insert
"elected by the qualified electors;" in second lino strike oat all
after "years," in third line strike out so as to include " minutes of
the court."

Ruled out of order.

Tlie question recuri'ed upon the adoption of the amendment.

Upon which the yeas and nays were demanded and resulted
thus :

Ycis — Messrs. President, Bell, Bledsoe, Board, Boyd, Bryant
of Grayson, Bryant of ilairis, Butler, Burnett, Carter, Cole, Con-
Btant, Curtis, l)egener. Downing, W. Flanagan, Foster, Goddin,
Htirris, Hunt, Johnson of Harrison, Jordan, Kealy, Keigwin,
Kendal, Kirk, Lippard, Long, McCormick, Mc Washington, Morse,
Muckleroy, Mundine, Munroe, Patten, Phillips of San Augustine,
Bogers, Schuetze, Smith oJ;' Galveston, Smith of Marion, Sumner,
Talbot, Thoma5, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam, Wright— 49.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamsr,
Buffington, Caldwell, Fayle, Flanagan, Fleming, Hamilton of
Travis, Harn, Johnson of Calhoun, Leib, Lindsay, Newcomb,
Patten, Scott, Stockbridge, Vaughan, Varnell, Yarborough — 19.

So the amendment was adopted.

Mr. Buffington moved the previous question.

Previous question seconded.

The question recurred '' shall tlie main question be now put ?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar,
Bledsoe, Bryant of Grayson, Buffington, Burnett. Caldwell, Carter,
Cole, Degener, Downing, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Hamilton of Travis, Harn, Johnson of Calhuun, Jordan,
Kealy, Keigwin, Kendal, Leib, Lindsay, Long, McCormick. Mc-
Washington, Morse, Pedigo, Phillips of Wharton, Rogers, Ruby,
Scott, Smith of Galveston, Stockbridge, Talbot, Yarnell, Yaughan,
Watrous, Williams, Wilson of Brazoria, Wright — 43.

Nays— Messrs. President, Bell, Board, Boyd, Bryant of Harris,
Butler, Constant, Curtis, Goddin, Harris. Hunt, .Johnson of Harrison,
Kirk, Muckleroy, Mundine, Munroe, Newcomb, Patten, Phillips
of San Augustine, Schuetze, Smith of Marion, Sumner, Thomas,
W^hitmore, Wilson of Milam, Y'arborough — 26.

So the main question was ordered.

836 RECONSTRUCTION OONVENTION JOURNAL.

The question recurring upon the adoption of section nine as
amended, the jeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armsti'ong of Lamar, Bell,
Bryant of Harris, BufEngton, Butler, Burnett, Caldwell, Carter,
Cole, Curtis, Fayle, Flanagan, W. FLinagan,. Fleming, Foster,
Hamilton of Travis, Harn, Johnson of Calhoun, Jordan. Kealy,
Keigwin, Kendal, Kirk, Leib, Lindsay, McCormick, McWashington,
Morse, Mundine, Pedigo, Phillips of Wharton, Posey, Rogers,
Schuetze, Scott, Smith of Galveston, Stockbridge, Talbot, Varnell,
Vaughan, Watrous, Wilson of Brazoria, Wilson of Milam, Wright
-45.

Nays — Messrs. President, Bledsoe, Board, Bryant of Grayson,
Constant, Degener, Goddin, Harris, Hunt, Johnson ot Harrison,
Lippard, Muckleroy, Munroe, Newcomb, Patten. Phillips of San
Augustine, Smith of Marion, Sumner, Thomas, Whitmore, Williams,
Yarborough — 22.

So the section was adopted.

Mr. Sumner gave notice that he would introduce a resolution
providing for the adjournment of the Convention until the second
Monday in January, 1869.

Mr. Lindsay moved to strike out the words " shall not be," in
third line of section, ten, and insert the words "are not."

Adopted.

The question recurring upon the adoption of the section as
amended, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President. Armstrong of Lamar, Bell, Bledsoe,
Board. Bryant of Hai-ris, Buffington, Burnett, Caldwell, Constant,
Carter, Curtis, Downing, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Hamilton of Travis, Harn, Home, Hunt, Johnson of
Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal,
Leib, Lindsay, Lippard, Long, McCormick, McWashington, Morse,
Muckleroy, Mundine, Pedigo, Phillips of San Augustine, Phillips
of Wharton, Posey, Rogers, Ruby, Schuetze, Smith of Galveston,
Smith of Marion, Stockbridge, Sumner, Talbot, Thomas, Varnell,
Vaughan, Watrous, Wilson of Brazoria, Wilson of Milam, Wright
—56.

Nays — Messrs. Armstrong of Jasper, Bryant of Grayson, Goddin,
Harris, Patten, Whitmore, Williams, Yarborough — 8.

So section ten as amended was adopted.

Mr. Smith, of Galveston, moved to amend by striking out the
words " whenever he may be interested," in first line of section
eleven.

Lost.

RECONSTRUCTION CONVENTION JOURNAL. 837

The question reciirring upon the adoption of section eleven, tlie
yeas and nays were demanded and resulted tlnis:

Yeas — Me'ssrs. President, Armsti-ong of Jasper, Armstrong of
Lamar, Bell, Bledsoe, Board, Bryant of Gra3'-son, Bryant of Harris,
Builington, Burnett, Caldwell, Carter, Cole, Constant, Curtis,
Downing, Fayle, Flanagan, .W. Flanagan, Foster, Coddin, Hamilton
of Travis, Harn, Homo,' Hunt,- Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Keigwin, Kendil, Leib, Lindsay, Mc-
Washington, Morse,- Mu'ckleroy, Mundine, Munroc, Patten, Pcdigo,
Piiillips of San Augustine, Piiillips of Wharton, Posey, Rogers,
B.uhv, Stthuctze, Smith of Galveston, Smith of Marion, Stoi^kbridf/e,
, Sumner, Talbot, Thomas, A'augjian, Watrous, Williti/is, Wilson of
of Brazoria, Wilson of Milam, Wright, Yarborouglv— 59.

Nay — Whitntore — 1.

So the section was adopted. • •

Mr. Wilson of Brazoria offered the following amendment to sec-
tion twelve.

Amend by striking out all in first and second lines before the
words, " eacii judicial district," and add, " There shall be a district
attorney elected by the qualified electors of"

]\Ir. BuSington moved 'to lay the amendment on the table.

Upon which the yeas and nays were demanded, and resulted thus :

\'o;t3 — Messrs. Armstrong of -Jasper, Armstrong of Lamar, Buf-
fington, Burnett, Caldwell, Carter, Fayle, W. Flanagan, Fleming,
Foster, Hamilton of Travis, Home, Johnson of Calhoun, Jordan,
Kealy, Leib, Lindsay, Mc Washington, Munroe, Phillips of Wharton,
Posey, Stockbridge, Talbot, Vauglian, Yarborough — 25.

N;iys — Messrs. President, Bell, Bledsoe, Board. Brfant of
Grayson, Bryant of Harris, Cole, Constant, Curtis, Downing,
Flanagan, Goddin, Harris; Harn, Hunt, Johnson of Hariison,
Keigwin, Kendul, Kirk, Lippard. McCormick, Morse, Muckieroy,
Mundine, Patten, Phillips of San Augustine, Rogers, Ruby,
Scliuetze, Smith of Galveston, Smith of jNLxrion, Thomas, Wat-
rous, Whitmore, Williaii.s, Wilson of Brazoria, Wilson of Milam,
Wiight— 39.

So the Convention refused to l;iy tlie amendment upon the table.

The question recurred upon the adoption of the amefidment.
• It was adopted.

The question recurred upon the adoption of section twelve as'
amended.
•It was adopted.

Mr. Patten offered the following amendment to section thirteen :

Strike out ''four thousand five hundred dollars" and insert
" three thousand five hundred dollars," and insert " two thousand

833 EECOJ^^STIiUCTION CONVENTION JOURNAL.

dollars." Add in fourtli line " or increased," after the word
" diminished,"

Mr. FLmagan moved the previous question.

Previous question seconded.

The question recurred, " Shall the main question be now put?"

Upon which ' the yeas and najs were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Ls^mar, Boai-d, Bryant of Harris,
Buffington, Burnett, Caldwell, Carter, Curtis, iJegener, Fayle,
Flanagan, W. Flanagan, Fleming, Hamilton of Travis, Harn,
Home, Johnson of Calhoun, Kealy, Keigwin, Kendal, Lcih, Ijind-
say, McCormick, Mc Washington, Muckleroy, Munroe, Pliillijjs of
Wharton, Posey, Rogers, Ruby, Schuetz<j, Scott, Stockbridge,
Vaughan, Watrous, Wilson of Brazoria, Yv'right — 37.

Nays — Messrs. President, Armstrong of jasper. Bell, Bledsoe,
Bryant of Grayson, Butler, Cole, Constant, Downing, Foster, God-
din, Harris, Munt, Jordan, Li-ppard, Morse, Newcomb, Patten,
Phillips of San Augustine, Smith of Marion, Sumner, Talbot,
Thomas, Wbitmore, Williams, ¥y'ilson of Milam — 26.

The question recurring upon the adoption of the section, the ^rea3
and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Board, Euffingt on, Burnett,
Caldvi'oll, Curtis, Degener, Fayle, Flanagan, W. Flanagan, Fleming,
Foster, Hamilton of Travis, Harn, Home, Johnson of Calhoun,
Kealy, , Keigwin, Kendal, Leib, Lindsay, McCormick, McTVasliing-
ton, Mundine, Munroe, Phillips of Wharton, Posey, Rogers, Ruby,
Schuetze, Smith of Galveston, Stockbridge, Wilaon of Brazoria,
Wright— 84.

Nays — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Bryant of Grayson, Butler, Carter, Cole, Constant, Downing, God-
din, Harris, Hunt, Jordan, Lippard, Morse, Muckleroy, JSTewcomb,
Patten, Phillips of San Augustine, Smith of Marion, Sumner,
Talbot, Thomas, Whitmore, Williams, Wilson of Miiam, Yarbor^
ough— 28.
' So the section was adopted.

Section fourteen, on motion, was adopted.

Mr. Flanagan moved a reconsideration of the vote adopting the
section.

Carried,

Mr. Lindsay moved to strike out in first line of section fourteen
the words "or district attorneys."

Carried.

Section fifteen, on motion, was adopted.

RECONSTRUCTION CONVENTION JOURNAL. 839

Mr. Bledsoe moved to strike out section Bixteen.

Lost.

Section srxteen. on motion, -was adopted.

Section seventeen, on motion, was adopted.

Mr. Smith ot Galveston offered the following amendmerit :

Strike out all after the word " be'' in the first line, to the end of
line, and insert "elected by the qualified voters of such county."

Mr. Flanagan moved to l;ij the amendment upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — ^Messrs. Armstrong of Lamar, Bryant of Grayson, Buffing-
ton, Caldwell, Carte)-, Constant, Faylc, Fleming, Hamilton of
Travis, Home. Johnson of Calhoun, LiTidsay, Munroe, Pliillips of
Wharton, Posey, Scott, Stockbridge, Yarnell, Vaughan — 19.

Nays — IMessifi. President, Armstrong of Jasper, Bell, Bledsoe,
Board, Bryant of Hjirris, Butler, Burnett, Cole, Curtis. Degener,
Downing, Flanagan, W. Flanagan, Foster, Goddiu, Harris, Hunt,
Johnson of Harrison, Jordan, Kealy, Keigwin, Kendal, Kirk, Leib
Long, McConnick, ]Mc Washington, Morse, Muckleroy, Mundine,
Newcijmb, Patten, Phillips of San Augustine, Rogei's, Ruliy,
Schuctze, Smith of Galveston, Smith of Marion, Sumner, Talbot
Tlioviias, Vf atrou3, Widtmore, William?, Wilson of Brazoria^ Yfilson
of Miiam, Wiight, Yarborough — 49.

So the Convention refused to lay the amendment upon the
table.

By consent, Mr. Smitli withdrew his amendment.

Mr. McCormick off.n-od the following amendment :

Strike out all after " county," in the first line, to the word "who"
in the second line, and insert.- ■' shall be elected by the qualified
voters thereof;'' and in third line strike out "s>id" and insert "the
district," and after the word "court," in third line, insert "for said
county."

The amendment was adopted.

Mr. Degener moved to strike out all after the-iiford "court/' in
third line, to ' process," in fourth line.

^Ir. Lindsay moved the previous question.

Previous question seconded.

The questiou recurred, "Shall tlie main question be now put?"

Upon which the yea^3 and nays were demanded and resulted
thus :

Yeas — Messrs. Arinstrong of Jasper, x\rrastrong, of Lamar, Bell,
Bledsoe, Board, Bryant of Grayson, Bryant of Harris, Buffing-
ton, Burnett, Caldwell, Carter, Cole, Constant, Curtis, Downing,
J'ayle, W. Fiauagan, Foster, Hamilton of Travis, Haru, Home,

840 RECONSTRUCTION CONVENTION JOURNAL.

Jolinson of Harrison, Johnson of Calhoun, Jordan, Kealj, Kert-
dal, Leib, Liudsaj, Long, McCormick, McWashin^ton, Muckleroy^
Mundine, Munroe, Phillips of San Augustine, Posey, Rogers, Scott,.
Smith of Galveston, Stockbridge, Talbot, Thomas, Varnell, Vaughan,
Watrous, Wilson of Braaoria, Wilson of Milam, Wright, Yarbor-
ough — 49.

Najs — Messrs. President, Degener, Flanagan, Fleming, Goddin^
Harris, Keigwin, Kirk, Lippard, Morse, Newcomb, Patten, Ruby,
Smith of Marion, Sumner, Whitmore, Williams — 17.

So the main question was ordered.

The question recurring upon the adoption of section eighteen as
amended, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,.
Bledsoe, Board, Bryant of Grayson, Bryant of Harris, Buffington,.
Burnett, Caldwell, Carter, Cole, Constant, Curtis, Fayle, Flanagan,
W. Flanagan, Foster, Hamilton of Travis, Harn, Home, Johnson
of Calhoun, Jordan, Kealy, Keigwin, Kendal, Leib, Lindsay,
McCormick, Mc Washington, iVluckleroy, Mundine, Munroe, Pliillips
of San Augustine., Posey, Rogere, Ruby, Scott, Smith of Galveston,
Stockbridge, Sumner, Talbot, Thomas, Varnell, Watjious, Vaughan,
Wilson of Brazoria, Wilson of Milam,. Wright, Yarborough — 50. •

Nays — Messrs. President, Boyd, i>egener, Fleming, Goddin,
Hunt, Johnson of Harrison, Lippard, Long, _Morse, Neweomb^
Smith of Marion, Whitmore, Williams — 14.

So section 18 was adopted.

;Mr. Bryant, . of Grayson, offered the following amendment to
section 19 :

In fourth line, insert "four" for the word "two."

The ameiidment was agreed to. . • . .

Mr. Sumner offered the followino- amendment :

In second line, after the word "peace" insert "who shall receive a
salary of not less than five hundred dollars annually."

On motion the amendment was laid upon the table.

Mr. Constant offered the following amendment :

Insert "at least" before "five," line two.

Mr. Bufiington moved the previous question.

Previous question seconded.

The question recurring, "shall the m.ain question be now put?'^

The main question was ordered.

The question recurring upon the adoption of the section as
amende d.

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Brown, Bryant of Grayson, Bryant of Harris, Bafiington, Bm^nett,

■RECONSTRUCTION COTTTENTION JOURNAL. 841

Caldwell, Carter, Cole, Constant, Curtis, Degenftr, Downing, Fayle,
Flanagan, W. Flanagan, Flcnung, Foster, (jloclclin, Hamilton of
Tiavis, llarn. Home, Hunt, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Kealy, Kendal, Leib, Lindsay, Lippard, Long,
McCormick, McWashington, INIorse, IMucldcroj, Munroe, New-
comb, Phillips of San xVugustiue, Pliillips of Wharton, Posey,
Rogers, Ru')y, Scott, Smitli of Galveston, Stockbridgo, T.llbot,
Thomas, Varnell, Vaughan, VVatrous. Wilson of Brazoria, Wilson
ofMihim, Yavborough — 56.

Nays — Messrs. President, Bledsoe, Boyd. Harris, Keigwin,
Kirk, Smith of Marion, Sumner, Whitmore, Williams, Wright — 11.

So section 19 was adopted.-

Mr. BulHngton moved the adoption of section 20.

Upon which the yeas and nays were demanded and resulted thus:

Yeas — Messrs. Armstrong-of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Boyd, Bryant of Grayson, Buffington, Caldwell, Carter,
Cole, Constant, " Curtis, Downing, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, Goddia, Hamilton of Travis, Harn' Home, Hunt,
Johnson of Calhoun, Johnson of Harrison, Jordan, Kealy. Keig-
win, Kendal, Kirk, Leib, Lindsay, Long, McCormick, McVVashing-
'ton, Morse, Muckleroy, Mundine, Mmnoe, Phillips of San Augus-
tine, Phillips of Wharton, Posey, Rogers, Ruby, Schuotze, Sct)tt,
Smith of Galveston, Stockbi'idge, Talbot, Thomas, VarnC>l>, Vauglntn,
Watrous, Wilson of Brazoria, Wilson of Milam, Wright, Yar-
borough— 57.

N;iys — Messis. President, Board, Harris, Newcomb, Smith of
Marion, Sumner, Whitmore — 7.

So section 20 was adopted.
■ Mr. Con tant moved to strike out the word " two '' in third
line in section 21, and insert " four."

The (question recurred upon the adoption of the section as
amended.

Tiie yeas and nays were demanded and resulted thus :

Y'^eas — jMessrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Boyd, Bryant of Graj'^son. Buffington, Caldwell, Carter,
Cole, Constant, Curtis, Downing, Fayle, Flanagan, W. Flanagan,
Fleming, Foster, -Goddin, Hamilton of Travis, Harn, Johnson of
Harrison, Johnson of Calhoun, Jordan, Keily, Keigwin, Kendal,
Leib, Lin;lsay, Long, McCormick, McWashington, Morse, Muckle-
roy, Mundine, Munroe. Phillips of San Augustine, Phillips of
AVhartou, Posey, Rogers, Ruby, Schuetze, Scott, Smith of Galves-
ton, Stockbridge, Talbot, Varnell, Vaughan, Wils.m of Baazoria,
Wilson of Milam, Wright, Yarborough — 52.

842 EECONSTHUCTION CO]S^*'ENTION JOUKNAL,

Nays — Messrs. President, Bonrcl, Harris, Hunt, Kirk, Kewcomb,
Smitli of Marion, Thomas, Wliitmore, vViliiams — 10.

Section 21 was adopted.

Section 22, on motion, was adopted.

Section 23, on motion, was adopted.

Mr. Sumner oSared tbe following as a proposed new section :

All county and district ofScers, whose removal is not otherwise
provided for, may he removed on conviction by a jury, after indict-
ment for malfeasance, nonfeasance or misfeasance in office.

The question recurred upon the adoption of the proposed new
section.

Upon which the yeas and nays were demanded and resulted thus :

Yeas— Messrs. President, Bell, Bledsoe, Board, Bry;int of Gray-
son, Bryant of Harris, BuSngton, Caldwell, Carter, Cole, Constant,
Cui'tis, Degener, Downing, Flanagan, W. Flanagan, Fleming, Foster,
Goddin, Hamilton of Travis, Harn, Home, Hunt, Johnson of Har-
i-ison, Johnson of Calhoun, Jordan, Kealy, Kendal, Kirk, Leib,.
Lindsa}', Long, •McWi'.shington, Mundine, Munroo, Nevvcomb, Phil-
lips of San Augustine, Posey, Rogers, Huby, SclmetKe, Smith of
Galveston, Smith of Marion, Stockbridge, Sumner, Talbot, Tuon)as,
Yarnell, Wilson of Brazoria, Wright — 50. •

N.iys — IMessrs. Armstrong of Jasper, Armsti-ong of Lamar, Boyd,
Butler, Fa;yle, Harris, Morse, Muckleroy, Phillips of Wharton,
Scott, Vaughan, Whitmore, Williams, Wilson of Milam, Yar-
borough — 15.

So the section was adopted as section twe-ity-four.

Mr. Smith of Galveston moved that the rules be suspended to take
up' the report from the special committee.

Bules suspended.

Mr. Phillips of Wharton, from the special committee appointed to
inrpiire into the right of certain delegates to a seat, reported as fol-
lows :

Committee Koom,

August 21, 1868.
Hon. E. J. DAVIS,

President of tlie Convention :

Sir : Your special committee appointed to investigate the right of
certain gentlem^en to seats on this lioor having attended to that duty,
respectfully report that they have investigated the case of William
Keigwin, who has been representing Leon county as a member of
the (Jonvcntion, and find, from the official records of tlie Bureari of
Civil Alfairs, that the said Wm. Keigwin was a registrar and Presi-

RECONSTRUCTION CONVENTION JOTJENAL. 843

dent of the Board ; also acted as clerk of the revision. T) at the
paid Kcigwiii was the presiding Judge oC Election to this Conven-
tion ; and the coinjnilteo would respectfully C:i.ll the attejition of the
Convention to section six of circular sixteen, dated Headijunrters
District oT Texas, Galveston, May 16, 18G7, as follows: " No sujjor-
visor, registrar or clerk shall be a candidate for iiuy ofnce while en-
gagod as such, and each will beheld to a rigid accounlabiJity for the
porfonuance of his duties, and be subject to trial by military com-
mission for fraud or partial conduct."

* * * « * * *

Mr. Smith of G-alveston offered the following )-csolution :

Resolved, That Yfilliam Keigwin holds a soat in tliis Convention.
in violation of a jniiit;.iry order, and the seat thus held is declared by
this Convention vacant.

On ffiotionj tlie Convention adjourned until four o'clock this after-
noon.

AFTERNOON SESSION — rOUR 0 CLOCK. ■

Convention mot pur.^uant to a.djournuient.

Roll called. Quoram present.

Mr, Phillips of San Augustine oITe-red the following :

DECLARATION.

Whereas, There is no jail in the county of Sau Augu.stine, , in
this State ; and

'Whereas, The said county is and has been, for a nuuiber of
years, unable to meet her liabilities ; and

Whereas, The almo.>fc total failure of crops in snid county in
186T has left the people thereof in very embarrassed circumstances ;
therefore,

Be if declared b<i fke pcyph of Tcv^is in. Convenfion a.^^scm
bled. That Brevet Mnjor-General J. J. Rejmold^, Comni;inder of
the Fifth Military District, be requested to order the relinciuishmont
of the State tax due the State from said county, for the years 18GT
and 1868, to S;in Augustine county, for the purpose of building a
jail in said county.

844 RECONSTRUCTION CONVENTION JOURNAL.

Mr. Phillips' of Wharton moved the rules be suspended to consider
resolution.

Rules not suspended. ■

Mr. McCormick introduced the, folio lAing :

DECLARATION.

Whereas, it is probable that this Convention will adjourn at an
earlj daj;, to re-assemble about the beginninii; of the ensuini^ winter,
and that the ConiiTess of the United States will be in session during
the recess of the Convention.

Resolved, That it is the sense of this Convention that the recon-
struction of lojal government in this State, the public tranquility,
and the ge'neral welfare of the people would be greatly promo'ted by
sending to the city of Washington competent persons, who shall be
members of this body, authorized by this Convention to confer with
the President and Congress of the United States, and the General of
the army, in relation to the condition and wants of the. people of the
State, until such time as this Convention shall re-assemble.

Resolved, That, for the purpcse set forth in the foregoing resolu-
tion, the Hon. Andrew J. Hamilton, and the Hon. Colbert Caldwell
shall proceed to the National Capital 'immediately upon the adjourn-
ment of this Convention, to co-operate with the Hon. Morgan C
Hamilton, whose previous appointm.errt by this body is hereby conti-
nued.

Resolved, That the Commanding General of the Fifth Military
District is hereby requested to appropriate the sum of three thou-
sand dollars out of any moneys in the treasury not otherwise appro-
priated, to defray the expenses of the said three commissioners ; the
said sum to be equally divided between them.

Resolved, That this Convention reposes entire confidence in
Brevet Major-General J. J. Reynolds ; and that, in the appointment
of the above-named commissioners, it is the desii'e o£ ,the Convention
to do-operate with him in his present earnest and patriotic efforts to
discharge efficiently the trust reposed in him. • . .

Mr. McCormick moved a suspension of rules to take up declara-
tion. . . • '

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong "of Lamar, Bell, Board, Bryant of
Grayson, Bryant of Harris, Buffington, Burnett, Carter, Curtis,
Fajle, Flanagan, Fleming, Foster,- Goddin, Ho3-ne, Johnson- of
Calhoun, Kealy, Kendal, Leib, Lindsay, Long, McCormick, Mc-

RECONSTRUCTION CONVENTION JOURNAL. 845

AYasliington, Mundine, Munroo, Phillips of San . Augustii;e, Phil-
lips of Wharton, Posey, Scott, Smith of Galveston, Sniitli of
Marion, Stockbridgc, Vainell, Watrous, Wilson of Brazoria, Wright
—36.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Butler, Cole, Constant, Downing, Harris, Harn, Jordan, Keigwin,
Kirk, Lippard, JMorse, Muckleroy, Newconib, Oaks, Patten,
Rogers, Thomas, "Whitmore, Williams, Wilson of Milam — 24.

So the Convention refused to suspend rules.

Mr. Do>vning called up the report of the Committee on Federal
Relations, with accompanying declaration, providing for the granting
of land to soldiers and their heirs, from the State of Texas, in the
war for the suppression of the rebellion.

■ [Mr. Phillips, of San Augustine, in the chair, j

Mr. Davis, of Nueces, offered the following amendment :
Third line, section one, insert, after the word " force,'' " purport-
ing to be from Texas."
.The amendment was adopted.

Mr. Davis of Nueces offered the following amendment :
At the end of section first add :

" And the Legislature is directed to provide a bounty in money
for each non-commissioned officer, or pivate, in any of tlic above or-
ganizations, who served one year or more, one hundred dollars, and
for each non-commissioned ofl&cer, or private, who served less than
one year, fifty dollars • such bounty to go to the heirs of same in
case of their decease."

The amendment was adopted.

Mr. Davis, of Nueces, offered the following as a substitute for
section five of the declaration :

" That the Secretary of State is hereby directed to procure from
the Secretary of War of the United States, a true copy or copies of
the muster rolls of the Texas organizations in the service of the
United States, and have the same filed in the Executive Office of
the State of Texas."

The substitute was adopted.

^Ir. Smith, of Marion, moved the previous question.

Previous question seconded.

The question recurred : " Shall the main question be now put ?''

84G RECONSTEt'CTION CONVENTION JOURNAL.

Upon ■wbicli the yeas and nays were demanded, and resulted
thus":

Yeas — Messrs. Armstrong of Lamar, Bell, Bledsoe, Bryant of
Grayson, Bryant of Harris, Buffington, Butler, Caldwell, Carter
Constant, Curtis, Downing, Fayle, Elennng, Foster, Goddiu, John-
son of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Leib,
Lippard, Long, McCormick, McWasliington, Mundine, Munroe,
Newcomb, Patten, Phillips of San Augustine, Piiillips of Whar-
ton, Po.-5ey, Rogers, Ruby, 8cott, Sraitii of Galveston, Smith of
Marion, Talbot, Watrous, Whitrr.ore, Williams, Wilson of Brazoria,
Wilson of Milam, ¥mght, Yarborough — 46.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Cole, W.
Flanagan, Keigwin, Morse, Muckleroy. Varnell — 9,

Mr. Burnett asked to be excused from voting.

Excused,

Mr. Lindsay asked to bo excused from voting.

Excused.

Mr. Stockbridge asked to be excused from voting.

Excused.

Mr. Thomas asked to be excused from voting.

Excused.

Messrs. Hamilton, Davis, Slaughter and Hunt, being interested,
Were excused from voting.

The main question was ordered.

The question recurred upon the adoption of the declaration a3
amended.

The yeas and nays Avere demanded and resulted thus ;

Yeas — Messrs. Armstrong of Lamar, Bell, Bledsoe, Bryant of
Grayson, Bryant of Harris, Buffington, Butler, Caldwell, Carter,
Constant, Curtis, Downing, Fayle, Fleming, Foster. Goddin, Ham-
ilton of Travis, Ham, Johnson of Harrison, Jordan, Kealy, Kendal,
Leib, Lippard, Long, McCormick, Mundine, Munroe, Newcomb,
Patten, Piiillipg of San Augustine, Phillips of Wharton, Posey,
Rogers, Ruby, Smith of Galveston, Smith of Marion, Talbot,
Wliitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 44.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Cole, Keig-
win, Morse, Muckleroy, Varnell — 8.

Mr. Hamilton, of Travis, moved a suspension of rules to take up
declaration.

Rules suspended.

Mr. Hamilton, of Travis, offered the following amendment:

First section insert " non-commissioned " before word " officer,"

RECONSTRUCTION CONVENTION JOURNAL. 847

in first line; also, strike out word "officer" before " non-coramis-
sioucd officer,"' in second line.

Mr. Smith, of Marion, moved to lay the amendment upon the
table.

Carried.

Mr. Johnson, of Calhoun, offered the following amendment :

Amend by doublinj^ the amount of the land which is to be grant-
ed, and strike out all that portion which contemplates giving mone/.

On motion the auiendmcnt was laid on the table.
Mr. Phillips, of San Augustine, ofiercd the following amend-
ment :

Provided, that those who joined the army and served as a substi-
tute for any otlier person, shall not be entilled to the bcneiit of the
fore_^oiiig resolution.

Mr. Smith, of Marion, moved to lay the amendment upon the
table.

Carried.

Mr. Smith, of Galveston, moved the previous q^uestion upon the
final })assage of the det^lavation.

Previous question seconded.

The question recurred : " Shall the main question be now put?"

Main question ordered.

The question recurring upon the adoption of the declaration, the
■yeas and nays were demanded and resulted thus:

Yeas — Messrs. Armstrong of Lamar, Bell, Bledsoe, Bryant of
Grayson, Bryant of Harris, Buffington, Butler, Caldwell, Carter,
Constant, Curtis, Downing, Payle, Fleming, Foster, Goddin, John-
son of Harrison, Jordan, Keiulal, Leib, Lippard, Long, McCormick,
McWashihgton, Mundine, Munroe, Newcomb, Oaks, Patten, Phil-
lips of San Augustine, Phiiiips of Wharton, Posey, Rogers, Ruby,
Scott, Smith of Galveston, Smith of a\Liiicn, Talbot, AVatrous,
"VVhiimore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 15.

Nays — Messrs. Armstrong of .Tasper, Boyd, Board, Cole, W.
Flanagan, Keigwin, Morse, Muckleroy, Varnell — 9.

So the declaration as amended was passed.

My. Patten moved to atljourn until Monday morning, at nine
o'clock.
Lost.

Mr. Fayle called up the jrepcit of the Committee on Internal Im-

848 RECOlSiSTliUCTION CONVENTION JOURNAL. '

provements, upon the motion to reconsider the vote laying the re-
port upon the table, and the motion to lay that motion on the table.

The question recurred upon the motion to lay the motion to recon-
sider the motion upon the table.

Upon which the yeas and nays were demanded, and resulted
thus:

Yeas — Messrs. President, Armstrong of Jasper, Bledsoef Boyd,
Burnett, Cole, Keigwin, Kendal, Lippard, Morse, Newcomb, Oaks,
Patten, Smith of Marion, Talbot, Thomas, VVhitmore, Wilson of
Milam— 18.

Nays — Messrs. Armstrong of Lamar, Bell, Board, Bryant of
Harris, Bryant of Grayson, Buffington, Butler, Cald-vvell, .. Carter,
Curtis, Fayle, Flanagan, W. Flanagan, Fleming, Goddin, Hamilton
of Travis, Harris, Home, Johnson of Han ison, Johnson of Callioun,
Kealy, Leib, Lindsay, Long, McCormick, McWashington, Mun-
dine. Munroe, Phillips of San Augustine, Pliillips of Wharton,
Posey, Rogers, Ruby, Scott, Slaughter, Smith of Galveston, Stook-
bridge, Varnell, Watrous, Williams, Wilson of Brazoiia, Wright
—42.

So the Convention refused to lay on the table.

Tlie (question recurred upon the motion to reconsider.

The Convention agreed to reconsider the vote laying the vote lay-
ing, the report upon the table.

The question recurred upon the adoption of the substitute offered
by Mr. Caldwell.

Substitute adopted.

Mr. Caldwell moved to strike out all that portion of the substi-
tute in relation to the Buffalo Bayou, Brazos and Colorado Rail-
road.

The motion prevailed.

Mr. Davis moved to insert in section third: " On the 1st day of
March, A. D. 1868.

The question recurred upon the adoption of the declaration as
amended.

It was adopted.

The question recurred upon the declaration in relation to the
Houston Tap Railroad.

Mr. Davis moved to strike out section five of the declaration.

Carried.

The question recurred upon the adoption of the declaration.

It was adopted.

Mr. Smith, of Galveston, moved a. suspension of the rules to put
declaration on its final passage.

Rules suspended.

RECONSTRUCTION CONVENTION JOURNAL. 849

]\Ir. Caldwell offered tlie following amendment to s'jction two of
first declaration :

Atnend the second section of the first declaration so that it sliall
read as follows :

It sliall he the duty of the Governor, as soon after the passnge of
this declaration as may he consistent with his other official duties, to
cause said railroads to he advertised for sale, for sixty days, in the
following named newspapers, to-wit : The San Antonio Express,
The Austin Republican, Flake's Galveston Bulletin, the Galveston
Nev/s, the National Index, at T\der, Smith county, and some newspnper
in the city oi Marshall, in Harrison county, and also foi- forty diys
in some leading newspaper in the city of New York. The sale shall
take place on the steps of the Capitol, in the city o" Austin, between
the hours of ten o'clock A. M., and two o'clock P. M., under the
direction of the Governor. The said roads, shall be sold separately.
Tlie sale shall transfer to the purciiaser all the property in the road ;
and of the company to which the bonds executed for the loan of the
special school fund are a lien, as set forth in the third section of
the act of the thirteenth of August, A. D. 1856, concerning the
loan of the school fund.

Mr. Armstrong, of Lamar, moved to strike out " Galveston News,"
and insert " Paris Vindicator."

Accepted.

Mr. Talbot moved to amend by inserting one leading paper in
Philadelphia and Boston.

Mr. Slaughter moved to insert the McKinney Messenger.

Accepted.

The question recurred upon the adoption of the amendment.

It was adopted.

Mr. Caldwell offered the following amendment to section six of the
first declaration :

Amend the sixth section of the declaration, by adding to it the
following :

And any person or persons who may purchase said roads, or either
of them, from the Governor, under the provisions of this section, shall
be required to deposit in the treasury of the State, for the Texas and
New Orleans roads, the sum of one hundred thousand dollars in
United States currency: and, for the Southern Pacifi • road, the
sum of twenty thousand dollars in United States currency. Said
deposits shall be upon th^ consideration, which shall be expressed
in the contracts, that, when the purchaser of either of said roads
shall have expended an amount equal to the amount deposited,* in
54

850 KECONSTRUCTION CONVENTION JOURNAL.

making proper repairs upon the roads, said purchaser shall have the
right to withdraw one-half of the amount deposited, upon the certifi-
cate of the Governor ; and when a further sum, equal to the whole
amount of the sum originally deposited, shall be expended by the
purchaser in making proper repairs upon the roads, then said pur-
chaser shall have the right to withdraw the remainder of the deposit,
upon the certificite of the Governor. And it shall also be stipu-
lated that if the purchaser making the deposit, as above provided,
shall fail to make proper repairs upon the road purchased, equ il in
value to the aniount deposited, within six months from the time such
purchaser shall obtain possession of the road purchased, then the
sum deposited shall be absolutely forfeited to the State ; and it shall
be fuitlier provided in any contract which the Governor may make
with any purchaser of either of said roads, that if said purchaser
shall fail to comply with .the engagement to put the road purchased
in good running order, for the use of the public, within the time
agreed upon in the contract, then the road shall be forfeited to the
State, and the Legislature, at its first session thereafter, shall de-
clare the forfeiture, and make such disposition of the road as may
be deemed most beneficial to the State. Having respect to all the
provisions of this section, the Governor is hereby authorized to sell
said roads to such person or persons as shall, in his judgment, offer
the greatest advantages to the State.

The question recurred upon the adoption of the amendment.

It was adopted.

The question recurred upon the adoption of the declaration as
amended.

It was adopted.

The question recurred upon the adoption of the declaration
respecting the Houston Tap railroad.

It was adopted.

On motion, the Convention adjourned until Monday morning
at 9 o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 851

CAPITOL, AUSTIN, TEXAS,

August 23, 18G8.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer hy the Chaplain. Journal
of yesterday read and ado})ted.

Mr. ]\Iunroe asked leave of absence for Messrs. Burnett and Talbot
after Wednesday.

Leave granted.

Mr. Smith, of Galveston, offered the following resolution :

Resolved, That this Convention take a recess on Monday,
August 31, until the second Monday in December, and until next
S.iturday the Convention will hold additional sessions from eight
to ten at night.

On motion, the rules were suspended to take up resolution.

Mr. McCormick moved to amend by inserting " third Monday in
November."

Mr, Smith, of Marion, moved to lay the amendment upon the
table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messi*s. President, Armstrong of Jasper, Bell, Bledsoe,
Boyd, Caldwell, Carter, Constant, Degener, W. Flanagan, Fleming,
Glenn, Grigsby, Hamilton of Travis. Hunt, Keigwin, Kendal,
Kuechler, Lippard, Mc Washington, Morse, Munroe, Newcomb,
Patten, Phillips of San Augustine, Slaughter, Smith of Galveston,
Smith of Marion, Talbot, Thomas, Whitmore, Wilson of Milam — 31.

Nays — Messrs. Armstrong of Lamar, Bellinger, Board, Bryant
of Grayson, Bryant of Harris, Bufhngton, Butler. Burnett, Cole,
Curtis, Fayle, Flanagan, Foster, Goddin, Harris, Harn, Home,
Johnson of Harrison, Jordan, Kealy, Kirk, Leib, Lindsay, Long,
Mackey, McCormick, Mundine, Posey, Rogers, Ruby, Scott,
Stockbridge,- Varnell, Watrous, Whitmore, Williams, Wilson of
Brazoria, Wright — 38.

So the Convention refused to lay on the table.

Mr. Caldwell offered the following substitute :

Resolved, That this Convention will take a recess from Monday,
the thirty-first of August, until the first Monday in December
next, subject to be convened at an earlier period by a committee of

852 RECONSTRUCTION CONVENTION JOURNAL.

four members, to be appointed by the Convention, and the President,
if, in the judgment of said committee, the public interest should
require it.

Mr. Hamilton, of Travis, moved to amend bj inserting " first
Monday in December.

Accepted.

Mr. Bryant, of Grayson, moved to lay the substitute on the
table.

Mr. Smith, of Marion, moved the previous question.

Not seconded.

Upon the motion to lay the substitute upon the table, the yeas
and nays vveie demanded and resulted thus :

"Yeas — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Board, Boyd, Bryant of Grayson, Burnett, Cole, Fayle, W.
Flanagan, Glenn, Goddin, Harris, Keigwin, Morse, Patten, Phillips
of San Augustine, Smith of Marion, Varnell, Whitmore — 21.
. Nays — Messrs. Armstrong of Lama]-, Bellinger, Bryant of
Harris, BuiBugton, Butler, Caldwell, Carter, Constant, Curtis,
Degener, Flanagan, Fleming, Foster, Grigsby, Hamilton of Travis,
Ham, Home, Hunt, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Kendal, Kuechler, Kirk, Leib, Lindsay, Long,
Mackey, McCormick, McWashington, Mundine, Munroe, Newcomb,
Phillips of Wharton, Posey, iiogers, Buby, Scott, Slaughter,
Smith of Galveston, Stockbridge, Talbot, Thomas, Vaughan,
Watrous, Williams, Wilson of Brazoria, Wilson of Milam, Wright
—50.

So the Convention refused to lay the substitute upon the table.

The question recurred upon the adoption of the substitute.

It was adopted.

Mr. Smith, of Galveston, offered the following amendment :

" And that until Saturday next the Convention shall hold extra
sessions from eight to ten o'clock at night."

Mr. Patten moved to lay tlie amendment upon the table.

Mr. Thomas moved to substitute Wednesday next instead of
Monday next.

Mr. Carter moved to lay the amendment upon the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Board, Bryant of Harris, Buffington, Butler,
Cakhvell, Carter, Cole, Constant, Curtis, Evans of Titus, Flanagan,
Fleming, Foster, Goddin, Grigsby, Hamilton of Travis, Harris,
Harn, Home, Johnson of Harrison, Johnson of Calhoun, Jordan,
Kealy, Kendal, Kuechler, Leib, Lindsay, Long, Mackey, McCor-

RECONSTRUCTION CONVENTION JOURNAL, 853

mick, Mc Washington, Mundine, Munroo, Phillips of San Augustine,
Phillips of Wiiarton, Poscj, Rogers, Kuby, Schuetzo, Scott,
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge,
Tal'-ot, Varnell, Watrous, AVilliams, Wilson of Milam — 49.

Nays — Messrs. President, Armstrong of Jasj)er, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Boyd, Bryant of Grayson, Burnett,
Degener, Fayle, ^^'. Flanagan, Glenn, Hunt, Keigwin, Kirk, Morse,
Newcomb, Patten, Sumner, Thomas, Vaughan, Whitmore, Wilson
of Brazoria, Wright, Yarborough — 20.

So the amendment was laid upon the table.

Mr. Sumner moved to adjourn until the first Monday in January.

Withdra-\vn.

?rlr. Buffi ngton moved the previous question.

Previous question seconded.

The question recurred, " shall the main question be now put ?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bellinger, Bledsoe, Board,
Bryant of Harris. Buffington, Butler, Caldwell, Carter, Constant,
Curtis, Degener, EA'ans of Titus, Fayle, Flanagan, Fleming. Goddin,
Grigsby, Hamilton of Travis, Harn, Horn, Hunt, Johnson of
Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler,
Kirk, Leib, Lir.dsay, Lippard, Long, Mackey, McCormick. Mc-
Washington, Mundine, Munroe, Newcomb, Patten, Piiillips of
Wharton, Posey, Rogers, Ruby, Schuetze, Slaughter, Smith of
Galveston, Stockbridge, Talbot, Thomas, Vaughan, Watrous,
Williams, Wilson of Brazoria, Wilson of Milam^ Wright, Yar-
borough— 56.

Nays — ^lessrs. President, Armstrong of Jasper. Bell, Boyd,
Bryant of Grayson, Burnett, Cole, W. Flanagan, Foster, Glenn,
Harris, Keigwin, Morse, Phillips of San Augustine, Smith of
Marion, Sumner, Varnell, Whitmore — 18.

So the main question was oidered.

The question recurred upon the passage of the resolution, as
amended.

It was adopted.

My. Talbot moved to take up the report of the CommittcQ on
Education.

Lost.

Mr. Caldwell moved to take up the report of the Committee on
Political and Legislative.*

Carried.

* For report see page 561.

854 RECONSTRUCTION CONVENTION JOURNAL.

Messrs. Lippard and Patten asked leave to be excused.

Carried.

Mr. Smith, of , moved that the reading of the report of

the Committee on Political and Legislative be dispensed with.

Lost.

Section one, on motion, was adopted.

Section two, on motion, was adopted.

Mr. Balfiiigton moved to strike out the brackets around the word
" air' in third line.

Carried.

Mr. Tiiomas moved to strike out the word " all."

Carried.

Section three, on motion, was adopted.

Mr. Hamilton, of Travis, moved to amend bj striking out the
word "biennial" in third line.,
. Carried.

Mr. Armstrong moved to strike out the word " four" and insert
" two " in second line.

Mr. Butler moved to lay the amendment on the table.

Lost.

The question recurring unon the adoption of the amendment, the
yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of La-
mar, Board, Bryant of Grayson, Burnett, Carter, Cole, Constant,
Evans of Titus, Flanagan, W. Flanagan, Glenn, Goddin, Grigsbj,
Hamilton of Travis, Harris, Harn, Hunt, Johnson of Harrison, Jor-
dan, Kealy, Keigwin, Kauchler', Kirk, Leib, Lindsay, Maokey,
McWashington, Morse, Mundine, Munroe, Phillips of Wharton,
Pos3y, Rjgers, Smith of Galveston, Sumner, Tilbat, Tiiomas,
Vaughan, Watrous, Whitmore, Wilson of Milam, Wright — 14.

Nays — Messrs. Bell, Bellinger, Bledsoe, Bryant of Harris, Buf-
fington, Butler, Degener, Fayle, Foster, Fleming, Kendal, Long,
Phillips of San Augustine, Ruby, Slaughter, Smith of Marion,
Stockbridge, Varnell, Yarborough — 19.

So the amendment was adopted.

Mr. Varnell offered the following substitute for section five :

No person shall be a representative who has not been a citizen of
the United States for five years, and three years a resident 'of
Texas, and the last year preceding Jiis election a resident of the
county or district he may be chosea to represent, and shall be a
qualified elector as provided in this Constitution.

Mr. Whitmore moved to lay the substitute upon the table.

Upon which the yeas and nays were demanded, and resulted
thus :

RECONSTRUCTION CONVENTION JOURNAL. 85o

Yeas — Messrs. President, Armstron!^ of Lamar, Bell, Bledsoe,
Bryant of Harris. Butler, BurnL'tt, Carter, Constant, Doge.ier,
Fayle, Foster, Gaddin, Grigsbj, ILimilton of Travis, Hunt, Jolm-
son of Harrison, Jordan, Kendal, Kouchlcr, Leib, Lindsay. Long,
McWashington, Mundinc, Munroe, Posey, Rogers, Rnby, Scliut'tze,
Slaughter, Smith of Galveston, Smith of Marion, Talbot, Watrous,
Whitmore, Williams, Wright— 38.

Nays — Messrs. Armstrong of Jasper, Ballinger, Board, Boyd,
Bryant of Grayson. Butfington, Cole, Evans of Titus, Flanagan,
W. Flanagan, Fleming. Glenn, Harris, Harn, Johnson of Cal-
houn, Kealy, Keigwin, Kirk, Mackey, Morse, Phillips of San
Augu-5tine, Phillij)s of Wharton, Scott, Stoskbridge, Sumner,
Thomas, Varnell, Vaughan, Wilson of Milam, Yarborough — 30.

So the substitute was laid on the table.

^Ir. Flanaffiin offered the followino; substitute :

No pjrson shall be a representative unless he be a citizen of the
United States and shall have been an inhabitant of tliis State two
je irs next preceding his election, and the last year thereof a citizen
of the county, city or town tor wliich he shall be chosen, and shall
have attained the age of twenty-one years at the time of his elec-
tion

Mr. Butler moved the pievious question.

Previous question seconded.

The question recurred "shall the main question be now put?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Me.^srs. President, Bledsoe, Bryant of Harris. Butler,
Burnett, Carter, Constant, Curtis, Dogener, Fayle, Foster, Goddin,
Hamilton of Travis, Hunt, Johnson of Harrison, Kealy. Kendal,
Keuchler, Leib, Lindsay, Long, McWashington, Munroe. New-
oonib, Posey, Rogers, Ru')y, Schuotze, Slau:xhter, Smith of Marion,
Talbot, Watrous^ Wiiitmore, Williams, Wright — 35.

Nay.s — Messrs. Armstrong of Jasper, Armstrong of Lam ar. Bell,
Bellinger, Board, Boyd, Bryant of Grayson. BuffingtDU, Cole,
Evans of Titus, Flanagan, W. Flanagan. Fleming, Glenn, Grigsby,
Harris, Harn, Johnson of Calhoun, Jonlan, Keigwin, Kirk,
Mackey, Morse, Mundine, Pliillips of San Augustine, Phillips
of Wharton, Scott, Smith of Galveston. Stockbrid^e, Sumner,
Thomas, Varnell, Vaughan, Wilson of Milam, Yarborough — 35.

So the Convention refused to order the main question.

Mr. Smith, of Galveston, moved the adoption of the snl>stitute
offered by Mr. Flanagan, of Rusk.

Mr. Smith, of Marion, moved to lay the amendment on the table.

856 RECOXSTRUCTIOX CONVENTION JOURNAL.

Upon which the yeai and nays were demanded and resulted
thus :

Yeas — Messrs. President, Bell, Bellinger, Bledsoe, Bryant of
Harris, Butler, Constant, Curtis, Degener, Fayle, Foster, Goddin,.
Hunt, Johnson of Harrison, Kendal, Keuchler, Lindsay, Long,
Manroe, ISfewcomb, Huby, Slaughter^ Smith of Marion, Talbot,
Whitmore, Williams — 26.

Nays — Messrs Armstrong of Jasper, Armstrong of Lamar, Board,
Boyd, Bryant of Grayson, Buffington, Carter, Cole, Evans of
Titus, Flanagan, W. Flanagan, Fleming, Glenn. Grigsby, Ho.mil-
ton of Travis, Harris, Harn, Johnson of Calhoun, Jordan, Kealy.
Keigwiu, Kirk, Mackey, McYfashington, Morse, Mundine, Phillips
of San Augustine, Phillips of Wharton, Posey, Rogers, Schuetze,
Scott, Smith of Galveston, Stockbridge, Sumner, Thomas, Varnell,
Vaiighan, Watroas, Wilson of Milam, Wright, Yarborough — 42.

So the Convention refused to lay the substitute upon the table.

The question recurred upon agreeing to the substitute.

It was agreed to.

The question recurred upon the adoption of the substituta for sec-
tion five.

It was adopted.

Section six, on motion, was adopted.

Mr. Smith, of Galveston, moved to strike out section seven.

Carried.

Section eight, on motion, was adopted.

Mr. Butler moved the pievious question.

Previous question seconded.

T lie question recurred, " Shall the main question be now put?""

The main question was ordered.

The question recurred upon the adopton of section nine.

It was adopted.

Mr. Hamilton moved a reconsideration of the vote adopting sec-
tion six.

Carried.

Mr. Hamilton, of Travis, offered tlie following substitute for sec-
tion six :

All elections for State, district, and county officers, except jus-
tices of the peace, shall be held at the county seats of the several
counties, until otherwise provided by law, and the polls shall be
opened for four days from eight o'clock, A. M., until four o'clock,
P. M., each day.

The substitute was agreed to.

The ()[uestion recurred upon the adoption of the substitute as sec-
tion six.

RECONSTRUCTION CONVENTION JOURNAL. 857

It was adopted.

Section ton, on motion, was adopted.

Mr. Smith, of Galveston, mowd to strike out the word '' three''
in section eleven.

Upon motion, the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
L-.unar, Bell, Bellinger, Bledsoe, Boaid, Bryant of (irayson, Bry-
ant of Harris, Buffington, Butler, Burnett, Carter. Cole, Constant,
Cuitis, Dcgevier, Evans of Titus, Faylc, Flanagan, Fleming, Fostei-,
Glenn, Goddin, Grigsby, Hamilton of Travis, Harris, Hunt, John-
sori of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal,
Keuchler, Kirk, Lindsay, Long, Mackey, McWasliington, Morse,
Muitroc, Newcomli, Phillips of San Augustine, Piiillips of Wharton,
Po^ej', Boilers, BuSy, Schuetze, Scott, Smith of Galveston, Stock-
bridjL', Sumner, Thomas, Varncll, Vaughan, Watrous, Whitmore,
Williams, Wilson of Milam, Wright, Yar})orough-^— Gl.

Nays — Messrs. Boyd, Keigwin. Mundine, Slaughter, Smith of
Maiion — 5.

So the amendment was agreed to.

Section eleven as amended, on motion, was agreed to.

On m.otion, section twelve w^as stricken out.

Mr. Carter moved to strike out "every ten years"' in section
thirteen.

Lost.

Section thirteen, on motion, was adopted.

Section iburteen, on motion, was adopted.

Mr. Sumner offered the ibllowing amendment to section fifteen :

And shall have residence in the district in vrhioh he shall have
been elected one year next preceding the day of his election.

Adopted.

Mr. Butler moved to amend by inserting "twenty-one '- instead
of " twenty-five."

jNL'. Flanagan offered the following substitute :

No person shall be a senator unless he be a citizen of the United
States, and shall have been a citizen of this State three years next
preceding the election, and the last year thereof a resident of the
district for which he shall be chosen, and have attained the age of
twenty-five years.

The substit)ite was agreed to.

The question recurred upon the adoption of the subititute as sec-
tion fifteen.

It was adopted.

858 RECONSTEUCTION CONVENTION JOURNAL.

Mr. Sumner moved to amend bj inserting the words " a majority,"
in place of "two-thirds," in line four, section eighteen.

Lost.

Section eighteen, on motion, was adopted.

Mr. Buffina;ton asked leave of absence for himself this mornin;^.

Leave granted.

Mr. Whitmore asked leave of absence for Messrs. Constant and
Eubj.

Leave granted.

Mr. Sumner moved to strike out all in sestion nineteen after the
word "number."

The amendment was agreed to.

Upon motion, section niiieteen, as amended, was agreed to.

Mr. Schuetze was excused from the morning's session.

Section twenty, on motion, was adopted.

Section twentj-one, on motion, was adopted.

Section twentj-two, on motion, was adopted.

Section twenty-three, on motion, was adopted.

Section twenty-four, on motion, was adopted.

Mr. Lindsay offered the following amendment to section twenty-
five :

" Except when a call of either House, and when there is an execu-
tive session of the Senate."

Amendment adopted.

Section twenty-five, as amended, was adopted.

Section twenty-six, on motion, was adopted.

The President announced the following communication from Major
General J. J . Reynolds, commanding Fifth Military District :

Headquarters Fifth Military District,
State of Texas,
Austin, Texas, August 24, 1868.

Hon. E. J. DAVIS,

President of Constitutional Convention,
Austin, Texas :

Sir : I have the honor to acknowledge the receipt of a resolu-
tion of the Convention, passed on the twentieth instant, asking ray
approval of an additional appropriation of twenty-five thousand dol-
la 'S to defray expenses.

The Convention has been in session about eighty-five days, and
has expended an appropriation of one hundred thousand dollars.

The present state of the treasury, the rate at which money is

RECONSTRUCTION CONVENTION JOUl.NAL. 859

coming in, and the prospective current wants of the Slate forbid
the ap))i-opriation of any more money from the treasury lor the ex-
penses of the Constitutional Convention.

The lesolution is respectfully returned without approval.
I am, sir.

Very respectfully,

Your obedient servant,

J. J. REYNOLDS,
Brevet Major General U. S. Army,
Commanding.

Section twenty-seven, upon motion, was ac'opted.

Section twenty-eight, upon motion, Avas adapted.

Section twenty-nine upon motion, was adopted.

Section thirty, u{)on motion, was adopted.

Section thirty-one, upon niotion, was adopted.

Section thirty-two. upon motion, was adopted.

Mr. Flanagan moved to strike out from the word ^'term," in
third line, to the word "except," in sixth line.

Amendment agreed to.

Section thirty-three, as amended, was adopted.

Section thirty-four, upon motion, was adopted.

The President announced the death of Mr. Oaks, a mem1)er of
the Convention.

On motiun the Convention adjourned until Monday morning at
nine o'clock.

CAPITOL, AUSTIN, TEXAS,

August 25, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Praj^er by the Chajylain.

Journal of yesterday reid and adopted.

jSlr. McCormick asked leave of absence for 'Mr. Fayle, indefi-
nitel}^.

Leave granted.

]\lr. Armstrong of Jasper asked leave of absence for ^lessrs.
Evans of Titus, Muckleioy and Gaston.

Mr. Caldwell moved a suspension of the rules to introduce the
following

860 KECONSTRUCTION CONVENTION JOURNAL.

DECLARATION.

Be it declared hy the people of Texas in Convention assem-
bled:

That the assessors and collectors of the several counties of this
State aie required to collect a tax of twentj cents to the hundred
dollars worth of property, assessed for State ta.xes for the year 18()8,
to pay fees, salary, compensation of delegates and agents, and con-
tingent expenses of this Convention, which assembled by virtue of
an act of the Congress of the United Stvtes, passed March 23,
1867, entitled "An act supplementary to an act entitled, an act to
provide for the more efficient government of the rebel States,"
passed March 2, 1867, and to facilitate restoration.

Section 1. That the taxes herein levied shall be collected and
returned by the first day of December, 1863, and the Comptroller
shall take all necessary steps and prescribe rules to insure the
prompt and efficient collection of the same.

Sec. 2. That the sum of five thousand dollars is hereby a-ppropri-
ated, or so much thereof as may be necessary, for the purchase of
books, printing blanks, purcliase of stationery, clerk hire, and for
contingencies that may arise which are necessary to carry into effect
this declaration.

Sec. 3. The Comptroller is hereby required to keep a separate
account of all taxes received under this declaration, and the asses-
sors and collectors shall be entitled to commission for collecting tlie
taxes herein levied, as follows : at eight per cent, on tJie first thou-
sand dollars ; at five per cent, on the second thousand dollars ; at
four per cent, on the third, fourth and fifth thousand dollars ; at
three per cent, on the sixth, seventh, eighth, ninth and tenth thou-
sand dolJars, and one per cent, on all sums over ten thousand dol-
lars.

Sec. 4. The taxes herein levied shall be collected in the same
manner as is now provided for the collection of State taxes by the
laws in force.

Sec. 5. That all appropriations drawn from the State Treasury
for the use of this Convention, shall be reimbursed the State out of
the taxes herein levied, and this declaration shall be in force from
its passage.

Upon the question to suspend the rules, the yeas and nays were
demanded and resulted thus :

Yeas — Messrs. Ai-mstrong of Lamar, Bell, Bledsoe, Board,
Brown, Biyant of Harris, Buffiugton, Burnett, C.ildwell, Carter,
Constant, Curtis, W. Flanagan, Fleming, Foster, Goddin, Grigsby,

RECONSTRUCTION CONVENTION JOURNAL. 861

Havris, Jolnison of Harrison, Joliiisou of Calhoun, Jordan, Koalj,
Kendal, Kue^hler, Kirk, L'.'il), Lindsay, Loiifr, McCormick, Mc-
Washington, jMuudinc, Mum'oc, Posey, Rogers, Kuby, Schuetze,
Slaughter, Smith of Galveston, Stockhridgo, Sumner, Thomas,
Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson of Milam,
Wright — 48.

Nays — Messrs. President, Armstrong of Jasper, Bryant of Gray-
son, Cole, Degentr, Hunt, Keigwiu, iNewcomh, Patten — 9.

Rules suspenddl.

Mr. Wright o3ercd an amendment, which was laid on the table.

Mr. Munroe moved the previous question.

Previous question seconded.

The question recurred : " Shall the main question be now put."

The mjiin caicstion was ordered.

The (|u.'stiou recurring upon the second reading of the declara-
tion, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Brown, Bryant of
Hariis, Buffington, Butler, Burnett, Caldwell, Carter, Foster.
Goddin, Grigsby, Harris, Johnson of Hairison. Johnson of Calhoun,
Jordan, Kendal, Kirk, Leib, Lindsay, Long, IVcCormick, Mc-
Washington, Mundine, Munroe. Posey, Rogers. Ruby, Schuetze,
Slauditer, Smith of Galveston, Stockbridij;e. Sumner, Thomas.
Varnell, Vaughan, Watrous, ^Villiams, Wilson of Milam — "69.

Nays — ^Messrs. President, Armstrong of Jasper, Bledsoe, Board,
Board, Bryant of Grayson, Cole, Constant, Degener, Downing,
W. Flanagan, Fleming, iTarn. Hunt, Kcaly ,Keigwin, Kucchler
Newcomb, Patten, Whitmore, AVright — 21.

So the declaration passed a second reading.

Mr. Caldwell moved a suspension of the rules to put the declara-
tion on its passage.

Rules suspended.

Mr. Smith, of Galveston, moved the previous question, upon the
final passage of the declaration.

Previous question seconded.

The question recurred, " shall the main oucstion be now put?''

So the main question was ordered.

The question recurred upon the final passage of the declaration.

Lipon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell. Bellinger, Bryant
of Harris, Buffington, Butler, Burnett. Caldwell, Carter, Curtis,
Fayle, Foster, Goddin, Grigsby, Hamilton of Travis, Harris,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kendal. Kirk,
Leib, Lindsay, Mc Washington, Mundine, Munroe, Posey, Rogers,

862 RECONSTRUCTION CONVENTION JOURNAL.

Ruby, Schuctze, Smith of Galveston, Stockbridge, Sumner, Tal-
bot, Thomas, Varnell, Watrous, Williams, Wilson of Milam — 39.

Najs — Messrs. President, Armstrong of Jasper, Bledsoe, Board,
Boyd, Brown, Bryant of Grayson, Cole, Constant, Downing, W.
Flanagan, Fleming, Harn, Hunt, Kealy, Keigwin, Kuechler, New-
comb, Patten, Wright— 20.

So the declaration was adopted.

Mr. Johnson, of Calhoun, moved to reconsider the vote adopting
the resolution ordering the taking a recess by the Convention, upon
the 31st of August.

Mr. Newcomb offered the following resolution :

Whereas, It has pleased the Almighty God in His divine provi-
dence to take from this world the Hon. Wm. E. Oaks, a delegate of
t lis Convention ; therefore, be it

Resolved by this Convention^ That we bow in humble submis-
sion to the decree of the Omnipotent in the death of our brother
delegate Wm. E. Oaks.

Resolved, That in the death of Captain Oaks, as a defender of .
the Union and a loyal citizen, Texas has lost one of her truest sons.

Resolved, That we deeply deplore his sudden death, and tender
his surviving relatives and friends our sincere condolence in their
sad affliction.

Resolved, That these resolutions be spread upon the minutes of
this Convention, and a copy furnished the wife of the deceased.

On motion, the resolutions were adopted.

Mr. Hamilton, of Travis, asked for leave of absence for Mr.
Leib.

Leave granted.

On motion the Convention adjourned until four o'clock this after-
noon.

AFTERNOON SESSION — FOUR O'CLOCK.

Convention met pursuant to adjournment.
Roll called. Quorum present.

Mr. McCormick, chairman of the Committee on Contingent Ex-
penses, offered the following report and accompanying declaration :

heconstrtjction convention journal. 863

Committee Room,
Austin, August 24, 1868,
Hon. E. J. DvVVIS,

President of the Convention :

PrR : Tlie Committee on Contingent Expenses, to whom was re-
ferred 11 resolution in reference to the payment of a copying clerk,
&c., have had the same under consideration, and beg leave to report
that they find that J. F. btukes has been engaged in copying the
journals since 15th day of July, 1868, that his services were needed
on account of the great pressure which the business of tiie Conven-
tion has put upon the secretaries : and that said J F. &'tokes ha&
rendered efficient as well as necessary service ; the cotnmittce have,
therefore, unanimously instructed me to report the resolution back
to the Convention, Avitli the recommendation that it do pass.

A. P. Mccormick,

Chairman.

Resolved, That the Secretary be required to issue to the copying
clerk, assisting the secretaries, a certificate for his pay, at four dol-
lars per diem, from tlie date of his employment.

i\Ir. Patten moved a suspension of the rules to take uu the
resolution.

Rules suspended.

And resolution agreed to.

Mr. Patten moved a further suspension of the rules, to put reso-
lution on its passage.

Rules suspended.

Resolution read and passed.

Mr. Armstrong, from the special committee, to whom was referred
the petition of John Jackson and others, reported as follows :

Committee Room.
Austin, August — , 1868.
Hon. E. J. DAVIS,

President of the Convention :

The undersigned, of your special committee of three, to whom
was referred the petition of John Jackson and others, praying that a
new county be created, including territory which now forms part of
the counties of Polk, Walker, Montgomery and Liberty, with due
respect, say they have examined the petition, and decline recom-
mending the creation of such new county, for several reasons,
among which are the following ;

864 esc;it3tku::tidn c:-:tventiox jou5,:tal;

The petition does not show who of these signers live in Liberty
county, or in which of said coanties the signers respectively live.

It does not show that there are a sufficient number of voters in
said territory as required in such organization.

Mr. Pedigo, one of this committee, fails to recognize any of these
signers as citizens of Liberty county, which he has the honor to
represent in this body. The undersigned do not feel free to recom-
mend the transfer of the jurisdiction of any portion of said county
without first giving the citizens of each and all of said counties full
time and opportunity to present all objections which they may have.

And further say, that the creation of such new county will reduce
these counties to a diminutive size, (Liberty county contains an
area of 1,600 square miles, Polk 1,188, Walker 854, and Mont-
gomery 852,) and may operate to the removal of the respective
county seats of said counties ; and furthermore, we believe that it
will be better policy, and more likely to give satisfaction to the peo-
ple by the postponement of further action in this respect till the
next meeting of this body, affording thereby an opportunity to pre-.
sent their objections, understanding that there are objections to such
new county, not yet fully presented.

And this committee respectfully ask to be discharged from the
further- consideration of the same.

ARMSTRONG, of Jasper.
H. C. PEDIGO.

Mr. Boyd made the following minority report from the Committee
on Penitentiary :

To the Hon. E. J. DAVIS,

President of the Convention :

As one of the committee appointed to visit the State Penitentiary,
I res})ectfully present the following minority report. I cannot con-
cur in the majority report, believing >tiiat the statements which, by
implication, reflect upon the character of different agents, are un-
just:

In a former report from the committee, a full statement as to the
convicts, etc., has been presented, and that subject will not again be
, particularly noted. I dissent from the majority because,

First, The report, after speaking of the salary of the present
Superintendent, and proceeds arising from board of guard, reflects
to some extent upon this officer. In my intercourse with Mr. Bell,
and my examination of his books, I found him to .be using all his
energy to administer the mstitution economically and prudently,

RECONSTRUCTION CONVENTION JOURNAL. 86")

providing, as far aS he could, with the limited means at his disposal,
tor the liealth and comfort of the convicts. I found nothing in his
official acts, as well as private intercourse, dcrogfitorj to tlie charac-
ter of a gentleman. The fict that the guard l>oard with him, and
his provisions are purchased hj the wholesale, is no evidence of mal-
feasance. This was the custom long before he came into the office ;
and, from my observation, the guaixl should board Avhcre thej do,
and be subject to his control at all times, he being charged with the
grave responsibility of safely keeping the convicts. If any of them
are dissatisfied with their boarding house, as seems to be the case
in the majority report, the service is not compulsory, and they can
leave and find service elsewhere. Others can be employed. I do
not think it prudent or advisable for the guard to be allowed to
scatter around promiscuously, and probably be absent at some critical
moment. What I have said of Mr. Bell can be justly applied to
ColoneJ tSinks, the Financial Agent. From what I could learn from
a limited ac([uaintance, and, laboring as he does under the pressure
of limited finances, he deserves at least credit for his acts.

In the majority report another reflection is made in reference to
the administration of the previous financial agent, Dr. Dickson,
whose acts and accounts I have, with some care, inquired into. It
is shown that, from September, 1866, to July, 1867, the average
price paid for cotton was seventeen cents per pound, and the opera-
tion following that in September or October, 1866, cotton could be
had at seven to nine cents. This may be so. I did not in(|uire ;
but it is not material. It has not been long since the store-room and
cotton there were burned. There is no provision for insurance;
and no law I know of authorizes the agents to go in debt and pay
ten to twelve per cent, interest on the money necessary to pay for a
year's supply of cotton in order to get it cheap. The agent had to
take the cotton at the price it bore in the market, as he needed and
could purchase; and the implication that the loss of the difference in
fluctuation of the value of cotton is chargeable to him is unjust. I
have examined his vouchers upon which his books are based, and
find no grounds for complaint. Nor is the agent culpable because,
at the advance of cotton, he purchased cotton and run the factory,
when, as shown in the report of the majority, the depreciation in
price of fabrics reduced sales to below the actual value of i-aw ma-
terial, Avithout reference to wear and tear of merchandise and full
labor ; and, though the institution be leased out, I do not see that
these difficulties can be solved or obviated. I have, so fir as I could
do so, examined the vouchers, books and accounts of the previous
agent, Dickson, and find no discrepancy or malfeasance; and. though
his books may not be as perfect aa the rules of counting houses re-
55

866 EECONSTRUCTION CONVENTION JOtJENAL,

quire, I found them neat, balanced, and closed, making a fliir and
honest showing of his business. Each item in the books, so far as I
could observe, was supported by proper vouchers; and the statement
in the majority report tbat $14,034, of funds received, is not shown
on his books, and he is thereby guilty of culpable neglect, is error.
The report is cautiously worded, refusing to directly say his books
are evidence of malfeasance, but states just enough to leave that
impression on the mind, and do injustice to a man whose honor i&
unimpeached. His reports up to July, 1867, were made out
together with a full statement of the superintendent, showing the
internal working of the institution, and finances, up to that date.
The vouchers neatly filed, numbered and abstracted, accompanied
the same, and was passed upon by the Comptroller, W. L. Robards,
no error being found, and I found none since that period, and up to
the time he left his ofiice. His report was also made out in proper
form, consisting of vouchers, abstracts, specie and merchandize,
accounts and final account of merchandize and account current.
This last report was presented to the directors appointed by Governor
Pease, and they declined examining the same, though urged by the
agent. Tiie refusal caused delay, and so it remained, as under the
law, before the financial agent's account can be admitted in the
Comptroller's office, it must be examined and approved by the
directory. This subsequent report and the books for that period I
have looked into and find no error. The vouchers and reports are
in the Comptroller's office, and any one can examine as to the
correctness of my statements. The amount, ,^14,034, omitted, as
stated in the majority report, is accounted for by proper vouchers.
It is true Perkins, Swenson & Co., and the others, are not charged
on the books of the agency, for, as I understand the books, Dickson
never sent them any goods, and, as in case of the others, the funds^
came into their hands as agents of McMahon & Co., and is accounted
for to Dickson in his report. And I do not see any sense in encum-
bering the books with duplicate accounts relating to the same matter,
which is embraced and fully accounted for in Dickson's account with
McMahon, and shown by return sales of McMahon & Co.^ which are
inrtoduced as vouchers to his report. I cannot see any secret
suppression in the matter, and the imputation, unless better founded,
I cannot endorse. I do not know what other members of the com-
mittee have done, but having the interests of the State on one side
and the integrity of its officers on the other, have tried to get at the
facts, and do justice to both. Nor do I concur in the idea that
because offices which necessitate confidence in men and whenever
there is a chance to steal from the public it is never passed, and thaty
therefore, all officials are rascals, and the judgment upon their

RECONSTRUCTION CONVENTION JOURNAL. 867

character is hj consent. I do not endorse this, though I know or
believe that had men do get into office as well as good men.

The want of harmony and system in the administration of the
institution, and of proper order and rules in the accounts and
vouchers, is the result of defective laws and the ever changing and
vaccillating policy of appointing new officials. By the time one
agent begins to learn his duty, and from experience be able to pro-
vide for the dcinantls upon him, he is ousted, and some new aspirant,
who, perhaps, unable to make a living by honest labor, or to manage
his own finances (if he ever had any^ is put to school to learn at the
expense of the State the duties of the position. I find this to be
the history of that institution, and unless some wholesome change be
made, and these difficulties obviated, the institution will always be
bankrupted. To this cause do I attribute the confusion that has
prevailed there. It is evident that the institution has within the
last eighteen months sustained heavy losses in the sale of its
manufacturi'd fabrics, but to give any positive reason is not so easy,
showing how and why it occurred, as several causes seem to be
Uended. The overflow of Galveston damaged one hundred and
fifty-eight bales of goods, as shown in McMahon's account, but to
what extent is not known, as the committee have taken no proof on
the subject. I find no report of any Board of Survey assessing the
loss by that. Another fact, all cotton fabrics in the fall of 1867
fell very much below their usual standard, and sales made at this
period did not realize the cost of raw material by perhaps one or
two per cent. It was error, perhaps, in the agent, not restricting the
sale of the goods in the hands of his agents, McMahon & Co., but
at the time he was prostrate with yellow fever, and when he could
act had his own and the duties of superintendent to discharge. The
liew appointees by Governor Pease, in consequence of yellow fever,
failed to come. The clerk ran away from the fever, the guard
sickened and died, and the financial agent had to telegraph to Gal-
veston for a guard that was fever proof, and finally, when stricken
down hy the disease himself, he employed General Besser's former
financial agent to keep the books and attend to the duties of the
office, refusing to close the office notwithstanding his own life was
endangered, and knowing he had been removed, he still remained at
his post and did his duty. But few men would have done this, and
the statement of the facts is sufficient evidence of his integrity.

I attach a copy of the agreement with McMahon & Co., in regard
to the sale of the goods. I am no commercial man, but think the
latitude allowed them in the sale of the ^oods consigned to them
rather unlimited, but from the papers, if any culpability exists, it
must attach to them, unless they can show that at the time the goods

868 EECONSTRUCTION CONVENTION JOURNAL.

were forced upon the market, and sacrificed hj them at prices less
than the cost of the raw material, (which they must have laiown)
and that it was to meet an actual demand for money by the financial
agent, wJiich they did not have to advance, they ought to be accoun-
table for the deficit.

The policy of the agent to consolidate the sales, was, I think,
better than to scatter them over the country and bring diSerent
agents of the same goods in competition. In my examination of the
charges of McMahon & Co., I do not think, in every instance, they
correspond with his written undertaking, and should be inquired
into. I am informed by parties that McMahon & Co. were to make
regular returns to the agent, showing his accounts, but had it been
done during the prevalence of the epidemic, the agent could not
have attended to it then, being prostrate with fever. Another
cause of heavy expenditure, with no corresponding income from the
same source, was the surplus convicts, some 150 or 160, that, under
Throckmorton's administration, were hired to work on the railroads,
and the State Penitentiary thus relieved of that expense, were
tlu'own back upon the institution to be clothed and supplied with
medicines, and no employment for them ; and here it will be well to
observe, that in order to avoid the gradually increasing surplusage
of idle hands that must be fed, clothed, etc., the institution must be
enlarged or a new one erected.

It was my intention to present specie reports, showing quarterly
receipts of expenditures and receipts during the administration of
Dickson and the present incumbent ; but it could not be done in the
limited time allowed me, as I had no clerk. I could, therefore,
only compare the books and vouchers and examine the report of the
agent as hei'ctofore stated.

It will take a good accountant at least one month to make out the
papers for such a report. But to give an idea of the working ca-
pacity of the institution, I will state that in the year 1867 the fac-
tory produced 1,401,65 yards, viz : 1,203,430 yards osnaburgs,
53,810 yards cotton jeans, 86,180 yards of woolen kersey, 13,463
yards of woolen plaids, 3,024 yards of sheeps' gray. Besides
this it produces a large quantity of thread of various kinds, manu-
factures some furniture, plows, shoes and hats. The expense per
quarter is from ,f?40,000 to $70,000, varying in proportion to the
amount of supplies and material. The 1,401,065 yards, at an av-
erage value, would yield, at twenty cents, the annual sum of $280,-
213 00. But it must be remembered that a large amount of the
fabrics are consumed annually in clothing, &c., but against this
stands the receipts of other materials and manufactured articles.
From this rough estimate it will be observed that if the institution

RECONSTRUCTION CONVENTION JOURNAL. 869

could be disencumbered of old debts and the surplus hands, and a
settled policy adopted, it should yield some revenue to the State.
Under tlic present law the financial agent has to pay sheriffs and
guards for transportation of convicts to the Penitentiary, and this
is a heavy item of expense. As an instance, from Brownsville, on
the Rio Grande, last year, was sent, at one time, forty-two conncts,
from one term of the district court there. The expense and
mileage of sheriffs and guards cost the Penitentiary ^3,776 32
in w]d, and the charge was reduced at that.

It seems to me that a change in the law in this respect is neces-
sary, and re'rjuire each county to meet these expenses and thus re-
lieve the Penitentiary of the burden.

With proper regulations, and a stable financial policy, a revenue
annually Avill be paid to the State by that institution.
Very respectfully submitted,

J. B. BOYD.
We concur in the above report with J. B. Boyd.

C. T. DUVAL,
— HARN,
J. R. SCOTT.
Reading dispensed with and ordered to be printed.

Mr. Goddin made the following report from the Special Commit-
tee respecting petition from citizens of Polk county for the creation
of San Jacinto county :

Committee Room,
Austin, August — , 1868.
Hon. E. J. DAVIS,

President of the Convention :

The undersigned, appointed on a special committee, to whom was
I'eferred a declaration and petition of the people of Polk county,
praying the creation of a new county out of a part of Polk,
Walker, Montgomery and Liberty counties, as defined by petition
of said citizens of said parts of counties, beg leave to report that the
inhabitants of said territory are subjected to many and serious diiS-
culties to the interest of the loyal people of said territory. Outside of
heavy ferriage in crossing and re-crossing Trinity river, there
are many other streams of a difficult crossing in high water, which
arc frequently dangerous and impossible to cross. They are, also,
at such a remote distance fi*om their respective county sites as to ren-
der it impossii)le to attend courts, or other proceedings at their
county sites, without incurring such expense as in their impoverished

870 RECONSTRUCTION CONVENTION JOURNAL.

condition tliej are not able to incur. The minority of your com-
mittee, therefore, beg leave to report and recommend that this
prayer of said petitioners to establish the new county of " San Ja-
cinto" be granted by the Convention.

M. H. GODDIN,

for Minority.

Mr. Flanagan, from the Committee on Internal Improvements,
reported as follows :

Committee Room,
Austin, Texas, August 24, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your committee have had before them a petition presented
by the Hon. W. Bledsoe, of Dallas county, signed by many persons,
asking the Convention to levy a tax of $5000, in specie, or to au-
thorize the county court of Dallas to do so, and to tax the citizens
of the town of Dallas sixty cents on the ,'^100 and the people in
the l)ody of the county twenty cents on the -^plOO, for the purpose
of cleaning out a portion of Trinity river.

Your committee are of opinion that they have no power in this
State to regulate the currency of the United States, and that the
specie claim goes beyond our power. They are of the further opin-
ion, that they would not, under any circumstances, have the power
to tax the citizens of the town of Dallas as petitioned for, sixty cents
on tlie :^<100, and the citizens of the body of the county twenty
cents on the $;100. The premises considered, they instruct me to
report back the declaration, leaving the whole matter with the
cotmty court and people of Dallas county, and that it do not pass
tliis Convention.

All of which is respectfully submitted.

J. W. FLANAGAN,
Chairman of Committee on Internal Improvements.

Mr. Flanagan made the following additional report from the same
committee :

Committee Eoom,
August 25, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your committee have had before them a declaration supple-

RECONSTRUCTION CONVENTION JOURNAL. 871

mental to a declaration in relation to railroads, dated August 10,
1808.

U[)0ft the investigation of this subject the committee arrived at the
conclusion that not only the railroad interest required the relief
soui'-lit in tliis declaration, but that it is a conclusive fact that to the
State it is also, certainly, a great enterprise such as this contem-
plated, is entitled to ground for a double track ; and as the claim for
laud, so flir as the eastern portion of the State is concerned, it is a
matter of little importance, as there are no vacant lands in that
range of country.

Your committee are further informed upon tliis subject, that in
the west, in the range proposed for this road, that the domain is all,
or a large portion, taken up in large Mexican grants ; l)ut they do
not pretend to be well informed upon the subject. Many of the
delegates, we presume, are.

The promises all considered, your committee, or a large majoiity
of them, instruct me to report back the ordinance, and recommend
the adoption of the same. '

All of which is respectfully submitted.

J. W. FLANAGAN,
Chairman of Committee on Internal Improvements.

INIr. Kirk introduced the following declaration, and asked its
reference to the Committee on Internal Improvements.

DECLARATION

Respecting the Central Railroad Company.

Whereas, The Houston and Texas Central Railway Company
has become the "owner, by purchase, of the Washington County Rail-
road ; and

Whereas, The said ^louston and Texas Railway Company, and
the Washington County Railway Company, were indel)ted, on the
first day of March, A. D. 1808, to the State of Texas, for sums bor-
rowed from the Special School Fund, in the sum of $539. 074. 96,
and are further indebted for accrued interest since the first day of
March, 186"-' ; and

Whereas. The said Houston and Texas Central Railway Com-
pany IS desirous to extend the Washington County Branch to the
city of Austin as soon as it can be done, and to build their main
trunk to Red river in the shortest time possible and upon the best
ground, and to strike said river at such point as will enable said

872 KECONSTEUCTION CONVENTION JOURNAL.

company to form a connection with any railroad that may he hmlt
southward from Kansas, or Missouri, to Red river ; and ,

Whereas, It is believed that such exchange can be made without, .
in any manner, endangering the security of the School Fund ;

Therefore be it declared bi/ the people of Texas in Convention
assembled :

That the Washington County Railroad is hereby declared to be a
branch of the Houston and Texas Central Railroad, and shall hence-
forth be known and called the Western Branch of the Houston and
Texas Central Railway, and shall be controlled and managed by the
said Houston and Texas Central Railway Company ; and the said
Houston and Texas Central Railway Company shall have the right
to extend the said western branch of their road from the town of
Brenham, in Washington county, to the city of Austin, by the most
eligil)le route, as near an air-line as may be practicable.

Second. That it is hereby made the duty of the Provisional Gov-
ernor to accept, from the Houston and Texas Central Railway Com-
pany, the seven per cent, land grant, sinking fund, first mortgage,
gold-bearing l)onds of said company for the whole amount of principal
and interest due to the State from the said Houston and Texas Cen-
tral Railway Company and the said Washington County Railway
Company, on the first day of July, A. !>. 18G8 ; and to cancel the
bonds now held by the State against said companies.

Tiiird. The Houston and Texas Central Railway Company is
liercby authorized to build its main trunk from its present northern
terminus, by the most eligible route, to be selected by the engineer
or engineers of the company, to any point on Red river, within
tliirty miles of the town of Preston, in Grayson county.

Fourth. This declaration shall take eifect from and after its.
passage.

KIRK.

It was so referred.

Mr. Patten offered the following

DECLARATION.

Whereas, The following named railroad companies were, on the
first day of Alai-ch last, indelited to the Special School Fund of the
Stiito of Texas the following amounts :

KECONSTRUCTION CONVENTION JOURNAL. 87S

Houston and Texas Central Railroad Company : principal,
1590,1(54.85.; interest, 1108,191.21 ; total, $707,255.5G.

Builalo Bayou, Biazos and Colorado Railroad Company : princi-
pal, $;420,000 ; $;177,819.25 ; total, ^597,819.25.

Washington County Railroad Company : principal, ^66,000 ;
interest, $24,775.10; total, $90,775.16. And

Whereas, Said companies Lave, and do, refuse to settle and pay
the interest due the said School Fund ; therefore, be it

Resolved, First — That the Provisional Governor of the State of
Texas be, and he is hereby authorized and instructed to proceed
against said railroad companies, according to law, for the collection
of the principal and intej'cst, as stated above.

Resolred, That the above named railroad companies have forfeit-
ed their charters, for nor.-compliance with the terms thereof.

Resolred, That twenty-five thousand dollars, or so much thereof
as may be necessary, be, and is hereby appropriated out of any
money in the Treasury, not otherwise appropriated, to carry out the
above resolutions.

Mr. Patten moved a suspension of the rules for the consideration
of the resolution.

The Convention refused to suspend the rules.
Mr. Talbot offered the following declaration :

Whereas, There is now in the Treasury of the State of Texas
the sum of fifty-nine thousand four hundred and seventy-nine dol-
lars in specie, belonging to the common School Fund, which is draw-
ing no interest;

'therefore, be if declared bij the people of Texas in Conven-
tion assembled. That the Provisional Governor be, and he is here-
Ijy authorized and requested to invest the sum of fifty-eight thousand
dollars of said amouiit in United States bonds, so that said sum may
1)0 drawing interest thereon, for the benefit of the common School
Fund of the State.

Mr. Talbot moved a suspension of the rules to put declaration on
its passage.

Rules suspended.

Mr. Wilson, of Brazoria, was excused from attendance this even-
ing.

Mr. Caldwell moved to insert the words '"' gold bearing bonds."

Amendment agreed to.

874 EECONSTRUCTION CONVENTION JOURNAL.

The question recurred upon the ado}3tion of the resolution.
It was adopted.

Mr. Johnson, of Calhoun, moved a further suspension of the
rules to put declaration on its passage.
Rules suspended.
Declaration read and adopted.
Mr. Harn introduced the following declaration :

Section 1. Beit declared by this Convention, That T. C.
Harn, and such other persons as he maj associate with himself, are
hereby incorporated under the name of the " Navasota, Washington
and Braz^ Bridge Company," and under such name shall sue and
be sued, and have succession for thirty years.

Sec. 2. Said company shall have the right to construct a
bridge of iron or wood across the Brazos river, at or near where
the road from Navasota crosses the Brazos River, to the town of
Washington, in Washington county, Texas.

Sec. 3. Said company shall construct said bridge in a good and
substantial manner, within three years from the 1st day of January,
A. D. 1869, and shall keep the same in good repair for the term of
thirty years from the completion thereof, and to be ready at all
times to pass all passengers, carriages, wagons, teams and stock that
may wish to cross on said bridge, and be responsible as common
carriers under the law for any loss of property in transit over said
In-idge.

Sec. 4. That said company shall be entitled to charge and receive,
from thy completion of said bridge, for the term of thirty years, the
following tolls from all persons who may cross themselves or their
property, viz : four-horse or ox stage, or wagon, loaded, fifty cents ;
for six-hoi'se or ox stage, or wagon, loaded, seventy-five cents; for
each additional pair of horses, mules, or oxen, attached to said
wagons, twenty-five cents ; for man and horse, fifteen cents ; single
horse and buggy, thirty cents ; two-horse buggies, two-horse or ox
wagon, fifty cents, other vehicles in proportion; footman, five cents ;
cattle, five cents per head ; hogs, sheep and goats, two cents per
head ; and all other property not mentioned in proportion to the
above rates.

S KC. 5. That no other bridge shall bo constructed across the said
Bi'azos river, for the space of thirty years, witliin three miles, on a
straight line up and down said Brazos river, from said bridge which
said Nnvasota. Washington and Brazos Bridge Company may con-
struct, and this declaration shall be and have eflect from and after
its passage.

RECONSTRUCTION CONVENTION JOURNAL. 875

Mr. Ham moved a suspension of the rules for the consideration
of the dedaration.

Rules suspended.

On motion the reading of the declaration was dispensed with.

Declaration passed a second time.

Mr. Harn moved a suspension of the rules to put declaration on
its passage.

Rules suspended.

Declaration read by caption, and carried. .

Mr. Kealj introduced the following resolution :

Resolved., That, whereas the county sites of each county in the
State of Texas that are located in the geographical center of the
county, or in the limits prescribed by law, there shall not l)e any
territory taken from said county, unless by consent of a majority of
the legal voters of the county, at any general election.

Mr. Kealy moved a suspension of the rules for the consideration
of the resolution.

Withdrawn.

Laid over under the rules.

Mr. Flanagan called up, under the rules, the supplemental declar-
ation respecting the International Pacific Railroad Company.

Mr. Patten moved to lay the declaration upon the table. '

Upon which the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Jasper, Bledsoe, Deg-
ener, Foster, Hamilton of Travis, Hunt, Kealy, Kuechler,
Lindsay, Lippard, Long, Mackey, Newcomb, Patten, Schuetze,
Smith of Galveston, Smith of Marion, Sumner, Talbot, Thomas,
Whitmore, Wilson of Milam, Yarborough — 24.

Nays — INIessrs. Armstrong of Lamar, Bell, Bellinger, Board,
Boyd, Brown, Bryant of Grayson, Buffington, Caldwell, Carter,
Cole, Constant, Downing, Flanagan, W. Flanagan, Fleming. Goddin,
Grigsby, Harris, Harn, Home, Johnson of Harrison, .Johnson of
Calhoun, Jordan. Keigwin, Kendal, Kirk, Leib. ^NlcWashington,
Mundine. Munroe, Phillips of San Augustine, Piullips of Wharton,
Rogers, Ruby, Scott, Slaughter, Stockbridge, Yarnell, Yaughan,
Watrous, Williams, Wright — 43.

So the Convention refused to lay on the table.

]\Ir. Hamilton, of Travis, moved to make the declaration the
special order for the ] 0th day of Deceml)er next.

Mr. Caldwell moved the previous question upon the passage of
the declaration.

Previous question seconded.

876 RECONSTRUCTION^ CONVENTION JOURNAL.

Mr. Patten moved a call of the House.

Call sustained.

Mr. Morse was excused on account of sickness,

Mr. Butler was excused on account of sickness.

Tije question recurred : " Shall the main question be now put?'*

Upon which the yeas and naj^s were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bellinger, Board, Bojd,
Brown, Buffington, Burnett, Caldwell, Carter, Cole, Constant,
Curtis, Flanagan, W. Flanagan, Goddin, Grigsby, Hamilton of
Travis, Harris, Harn, Home, Johnson of Calhoun, Jordan, Kealy,
Keigwin, Kirk, Leib, McWashington, Mundine, Munroe, Phillips
of San Augustine, Phillips of Wharton, Rogers, Scott, Stockbridge,
Varnell, Vaughan, Watrous, Williams, Wright — 39.

Nays — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Bryant of Grayson, Degener, Downing, Fleming, Foster, Hunt,
Johnson of Harrison. Kendal, Kuechler, Lindsay, Lippard, Long,
Mackey, Newcomb, Patten, Posej^, Ruby, Schuetze, Slaughter,
Smith of Galveston, Smith of Marion, Sumner, Talbot, Thomas,
Whitmore, Wilson of Milam — 80.

So the main question was ordered.

The question recurred upon the adoption of the declaration.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger. Board,
Boyd, Brown, Bryant of Harris. Buffington. Caldwell, Carter, Cole,
Constiwit, Curtis, Flanagan, W. Flanagan, Goddin, Grigsby, Hamil-
ton of Travis, Harris, Harn, Home, Johnson of Harrison, Johnson
of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk, Leib, McWash-
ington, Mundine, Munroe, Pliillipp of San Augustine, Phillips of
Wharton, Rogers, Scott, Slaughter, Stockbridge, Varnell, Vaughan,
Watrous, Williams, Wilson of Milam, Wright— ^44.

Nays — ]Messrs. ]-*rcsidcnt, Armstrong of Jasper, Bledsoe, Bryant
of Grayson, Burnett, Degener, Downing, Fleming, Foster, Hunt,
Kuechler, Lindsay, Lippard, Long, Mackey, Newcomb, Patten,
Posey, Ruby, Schuetze, Smith of Galveston, Smith of Marion,
Sumner, Talbot, Thomas, Whitmore — 26.

So the declai-ation was adopted.

^h•. Flanagan moved a suspension of the rules to put declaration
on its jiassage.

Motion withdrawn.

Ml-. Webster Flanagan called up the declaration respecting the
Mexi(;an Gulf Railroad Company.

Mr. Sunnier moved to lay the declaration on the table.

RECONSTRUCTION CONVENTION JOURNAL. 87T

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — INIessrs. President, Bledsoe, Bryant of Harris, Bryant of
Grayson, Degencr, Downing, Hunt, Kendal, Lippard, Long, New-
comb, Patten, Rogers, Slaugliter, Smith of Marion, Suumer,
Talhot, Thomas, Whitmore, Wilson of Milam, Yarborough — 21.

Nays — IMessrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Boyd, Brown, Buffington, CaldAvell, Carter, Cole. Con-
stant, Curtis, Flanagan, W. Flanagan, Fleming, Foster, Grigsby,
Hamilton of TraAas, Harris, Ham. Home, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kuechler, Kirk, Leib. ?»Iackey,
McWashington, Mundine, Phillips of San Augustine, Phillips of
Wharton, Posey, Schuetze, Scott, Smith of Galveston, Stockbridge,
Varnell, Vaughan, Watrous, Williams, Wright — 43.

So the Convention refused to lay on the table.

Mr. Patten moved to adjourn until to-morrow morning at nine
o'clock.

Lost.

The question recurring upon the final passage of the declaration,
tlie yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong, of Lamar, Bell,
Bellinger, Boyd, Brown, Buffington, Caldwell, Carter, Cole, Con-
stant, Curtis, Flanagan. W. Flanagan, Fleming, Foster, Goddin,
Hamilton of Travis, Harris, Harn, Home, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Leib, Lindsay,
Mackey, McWashington, Mundine, Munroe, Phillips of San Angus--
tine, Phillips of Wharton, Schuetze, Smith of Galveston, Stock-
bridge, Sumner, Varnell, Watrous, Williams, Wright — 42.

Nays — Messrs. President, Bledsoe, Bryant of Grayson, Bryant of
Harris, Degener, Downing, Hunt, Kendal, Kuechler, Lippard,
Long, Newcomb, Patten, Posey, Rogers, Slaughter, Smith of
Marion, Talbot, Thomas, Whitmore. Wilson of Milam — 21.

So the declaration was adopted.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

878 RECONSTRUCTION CONVENTION JOURNAL.

CAPITOL, AUSTIN, TEXAS,
August 26, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Jour-
nal of yesterday read and adopted.

Mr. Smith, of Galveston, moved to suspend the rules to take up
the following resolution :

Whereas, This Convention having adopted a declaration to levy
a tax to pay the expenses of the Convention, it is therefore

Resolved, That Brevet Major General J. J. Reynolds be re-
quested to authorize the payment of the warrants issued to the
members and officers for their pay due up to the time of the recess.

On the question to suspend the rules, the yeas and nays were
demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Board, Brown, Bryant of Grayson, Bryant of Harris, Buffington,
Burnett, Caldwell, Carter, Curtis, Downing, W. Flanagan, Fleming,
Foster, Goddin, Grigsby, Harris, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Kendal, Kuechler, Kirk, Leib, Lindsay,
Long, Mackey, Mc Washington, Mundine, Munroe, Newcomb, Phil-
lips of Wharton, Posey, Rogers, Ruby, Schuetze, Slaughter, Smith
of Galveston, Stockbridge, Thomas, Varnell, Vaughan, Watrous,
Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright
—52.

Nays — Messrs. Armstrong of Jasper, Boyd, Cole, Degener,
Flanagan, Keigwin, Patten, Phillips of San Augustine — 9.

R\iles suspended, resolution read and adopted.

Mr. Smith, of Galveston, moved a further suspension of rules to
put resolution on its passage.

Rides siis[)ended.

Mr. Buffington moved to amend by inserting the words " and
officers" after the word members.

Adopted.

The (piestion recurring upon the final passage of the resolution,
it was read a third time and passed.

Mr. Smith of Galveston, moved to suspend the rules to considr
the motion to reconsider the vote by which the tax bill was passed.

Rules suspended.

RECONSTRUCTION CONVENTION JO^TRNAL. 879

The question recurred upon the motion of Mr. Caldwell to lay
that inotiou ujjon the tahle.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Board, Brown, Bryant of
Ilariis, Buffington, Burnett, Caldwell, Carter, Curtis, W. Flana-
gau, Foster, Goddin, Gngsby, Hamilton of Travis, Harris, John-
son ot Harrison, Johnson of Calhoun, Jordan. Kendal, Leib,
Lindsay, Long, Mundino, Munroe, Phillips of Wharton, Posey,
Rogers, Smith of Galveston, Stockbridge, Vauglian^ ^Yatrous, Wil-
son of Brazoria, Wright — 33.

Nays — Messrs. President, Armstrong of Jasper, Bell, Belfinger,
Bledsoe, Boyd, Bryant of Grayson, Cole, Degener, Downing,
Flanagan, Fleming, Glenn, Harn, Kealy, Keigwin, Keuchler, Kirk,
Lippard, Mackey, McWashington, Newcomb, Patten. Phillips of
San Augustine, Ruby, Schuetzo, Slaughter, Smith of Marion,
Thomas, Varnell, Whitmore, Williams, Wilson of Milam, Yarbor-
ough — '34.

So the Convention refused to lay on the table. •

The question recurred upon the motion to reconsider.

[Mr. Whitmore in the chair.]

Upon that motion, the yeas and nays were demanded and resulted
thus :

Yeas — 'Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Boyd, Bryant of Grayson, Butler,
Carter, Cole, Constant, Degener, Downing, Flanagan, W. Flanagan,
Fleming, Glenn, Kealy, Keigwin, Lippard, Mackey, McWashing-
ton, Newcomb, Patten. Phillips of San Augustine, Slaughter, Talbot,
Thomas, Whitmore, Wilson of Milam, Yarborough — 32.

Nays — 'Messrs. Board, Brown, Bryant of Harris. Buffington, Bur-
nett, Caldwell, Curtis, Foster, Goddin, Grigsby, Hamilton of
Travis, Harris, Harn, Home, Johnson of Calhoun, Jordan, Kendal,
Keuchler, Leib, Lindsay, Long, Mundine, jNlunroo, Phillips of
Wharton, Posey, Rogers, Ruby, Schuetze, Smith of Galveston,
Stockbridge, Sumner, Varnell, Vaughan, Watrous, Williams, Wil-
son of Brazoria, Wright — 37.

So the Convention refused to reconsider the vote adopting the tax
bill.

The President announced the business in order was section thirty-
five of the report of the Committee on Political and Legislative.*

* For report see page 561.

880 RECON^RUCTION CONyENTION JOURNAL.

Section thirty-five, on motion, was adopted.

Mr. Thomas oftered the following as an additional section :

It shall be the dutj of the Legislature, immediately, to expel from
the body any member who shall receive or oifer a bribe, or suffer his
vote to be influenced by promise of preferment cr reward; and
every person so oifeuding and so expslled shall (forever) thereafter
be disabled from holding any office of honor, trust or profit in this
State.

Mr. Degener moved to amend by striking out the word "for-
ever."

Mr. Thomas moved to lay the amendment on the table.

Los't.

The amendment was adopted.

The section as amended was adopted.
- Mr. Buflington oif^red the following as an additional section :

Sec. — . The first Legislature shall pass such laws as will au-
thorize the clerks of the district court, and the justice of the
peace, of the several counties, to issue executions after the adjourn-
ment of each term of their respective courts, against the plaintiff
and defendant for all costs created by them in any suit or suits
therein.

The question being upon the adoption of the section, it was not
adopted.

Section thirty-six, on motion, was adopted.

Mr. Liiul>ay moved to strike out the word "three" at the end of
line four of section thirty-seven.

Carried.

Section thirty-seven, on motion, was adopted.

Mr. Bryant, of Grayson, moved to strike out the word "eight"
and insert " six " in second line of section thirty-eight.

Mr. Muni-oe moved to lay the amendment on the table.

Upon which the yeas and nays were demanded and resulted
tlins :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger, Brown,
Buffington, Butler, Burnett, Caldwell, Carter, Degener, Downing
.Flanagan, W. Flanagan, Foster, Grigsby, Hamilton of Travis
Harris, Harn, ILorne, Johnson of Calhoun, Jordan, Keigwin, Ken-
dal, Kcuchler, Kirk, Lindsay, Long, McWashington, Mundine, Mun-
roc, Phillips of San Augustine, Posey, Rogers, Ruby, Schuetze,
Slaughter, Smith of Galveston, Stockbridge, Sumner, Varnell,
Vaughan, Watrous, Williams, Wilson of Brazoria — 44.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Grayson, Bryant of Harris, Cole, Constant, Curtis,
Goddin, Johnson of Harrison, Kealy, Leib, Newcomb, Patten,

RECONSTRUCTION CONVENTION JOURXAL. 881

Phillips of Wharton, Smith of Marion, Thomas, Whitmore, Wil-
son of Milam, Wright, Yarboroiigh — 22.

So the amendment was laid on the table.

Mr. Degener offered the following substitute for section thirty-
eight.

The members of the Legislature shall, at their first session, here-
after, receive from the treasury of the State, as their compensation,
f 300 annually and eight dollars for each twenty-five miles in trav-
eling to and from the seat of government. The above rates of com-
pensation shall remain till changed by law.

Mr. Flanagan moved the previous question on the adoption of sec-
tion thirty-eight.

Previous question seconded.

The question recurred, " Shall the main question be now put ?"

The main question was ordered.

The question recurring upon the adoption of section thirty-eight,
the yeas and nays were demanded ■end resulted thus :

Yeas — Messrs. Armstrong of Lamar, Eell, Bellinger, Brown,
BufEngton, Butler, Burnett, Caldwell, Carter, Cole, Curtis, Deg-
ener, Downing, Flanagan, W. Flanagan, Fleming, Grigsby, Hamil-
ton of Travis, Harris, Harn, Home, Johnson of Harrison, Johnson
of Calhoun, Jordan, Kealy, Keigwin, Kendal, Keuchler, Kirk,
Leib, Lindsay, Mackey, Long, McWashington, Mundine, Munroe,
Phillips of San Augustine, Posey, Rogers, Buby, Schuetze, Slaugh-
ter, Smith of Galveston, Stockbridge, Sumner, Varnell, Vaughan,
Watrous, Williams, Wilson of Brazoria, Wright — 51.

Nays — Messrs. President, Armstrong of Jasper, Bledsoe, Boyd,
Bryant of Grayson, Bryant of Harris, Constant, Goddin, Newcomb,
Smith of Marion, Thomas, Whitmore, Wilson of Milam, Yarbor-
ough — 14.

So section thirty-eight was adopted.

JVIr. Flanagan moved to strike out section thirty-nine.

The section was struck out.

Mr. Schuetze moved that the members of the special committee
to visit the Blind Asylum be excused from the morning's session..

Excused.

Mr. Lindsay offered the following amendment to section forty in
fifth line :

Strike out the word "proposed," in fifth line, and insert the
words "thirteenth and," and at the end of the word "article" add
the letter " s."

The amendment was adopted.

Section forty, as amended, on motion, was adopted.

Mr. Lindsay moved to strike out section forty-one.
.56

882 RECONSTRUCTION CONVENTION JOURNAL,.

The Convention agreed to strike out.

]\Ir. Caldwell offered the following as an additional section to the
report :

Section — . The city of Austin is hereby declared to he the seat
of government of this State irntil removed by an election of the peo-
ple, and tlie title for the third of a league, surveyed by virtue of the
headright certificate of Samuel Goucher, which was selected and
condemned to the use of the Republic of Texas, under an act entitled
" An act on the permanent location of the seat of Government," ap-
proved the fourteenth day of January, A. J). 1839, be, and the same
is hereby confiirmed, any irregularity or failure to make proper
parties, or other defects in the proceedings had under said act, to
the contrary notwithstanding ; provided, nevertheless, that any
person having an adverse claim to said land may, at any time within
one year from the adoption of this Constitution, institute proceed-
ings against the State in the district court of Travis county, to
whiuli all other adverse claimants, who are known, shall also be
made parties, and upon the final hearing of the same, if it shall
appear that the said owner of such land, at the time of its condem-
nation, has never received compensation therefor, he shall have
judgment for compensation, as provided by an act of the Legisla-
ture of the State of Texas, entitled "an act for quieting the title to
real estate in the city of Austin," approved eighteenth December,
1857, and any proceedings that may have been instituted under the
thirty-third section of article third, of the so-called constitution of
18G(J, shall be stayed until this constitution is ratified or rejected.

Section withdrawn by consent,

Mr. Caldwell moved that the consideration of sections forty-three,
forty-four, forty-five and forty-six, be postponed until after recess.

Mr. Armstrong, of Jasper, moved to strike out section forty-two,

I'pou wliich the yeas and nays were demanded and resulted
tlius :

Yeas — Messrs. Armstr-ong of Jasper, Bellinger, Board, Boyd,
Bryant of Grayson, Cole, W. Flanagan, Glenn, Harris, Keigwin,
Kirk — 11.

Nays — Messrs. President, Armstrong of Lamar, Bell, Blcdsoey
Brown, Bryant of Ihirris, Buffington, Burnett, Caldwell, Carter,
Curtis, Degener, Downing, Flanagan, Fleming, Foster, Hamilton
of Travis, Hornc, Johnson of Harrison, Johnson of Calhoun,
Joi-dan, Kcaly, Kendal, Kucchler, Leib, Lindsay, Long, Mackey,.
McWasliiiigton, Mundine, Newcomb, Patten, Phillips of San
Augustine, Phillips of Wharton, Posey, Bogers, Ruby, Scott, Smith

RECONSTRUCTION CONVENTION JOURNAL. 883

of Galveston, Smith of Marion, Stockbridge, Sumner, Thomas,
Varnell, Vauglian, Watrous, Whitmore, Williams, Wilson of
Brazoria, Wilson of Milam, Wright, Yarborough — 52.

So the Convention refused to strike out.

Mr. Lindsay offered the follo^Ying amendment to section forty-two
in second line :

Strike out the letter "a" in second line, and insert letter " s" to
the word "citizens," in said line, and insert the word "are" at the
end of said line, after the word "and."

Tlie amendment was adopted.

Mr. Varnell offered the following amendment to section forty-two.

Strike out of second line from the word " thereof to the word
" and."

Mr. Degener moved to lay the amendment on the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Brown, Bryant of Harris, Buffing-
ton, Caldwell, Curtis, Degener, Downing, Flanagan, Fleming,
Foster, Glenn, Grigsby, Hamilton of Travis, Johnson of Harrison,
Jordan, Kealy, Kendal, Kuechler, Kn'k, Leib, Lindsay, Lippard,
Long, Mackey, Mc Washington, Mundine, Newcomb, Patten, Phillips
of San Augustine, Posey, Rogers, Kuby, Schuetze, Smith of
Marion, Stockbridge, Yaughan, Watrous, Whitmore, Williams,
Wilson of Brazoria, Wilson of Milam, Wright, Yarborough — 49.

Nays — Messrs. Boyd, Board, Bryant of Grayson, Burnett,
Carter, Cole, W. Flanagan, Harris, Johnson of Harrison, Keigwin,
Sumner, Thomas, Yarnell — 13.

So the amendment was laid upon the table.

The question recurred upon the adoption of section forty- two,
as amended.

It was adopted.

The question recurred upon the motion to postpone the considera-
tion of sections forty-three, forty-four, forty-five and forty-six.

Mr. Whitmore moved to postpone each section by a separate vote.

The question recurred upon the postponement of the consideration
of section forty-three, until the tenth of December next.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Grayson,
Bryant of Harris, Burnett, Caldwell, Carter, Cole, Curtis,
Flanagan, W. Flanagan, Fleming, Glenn, Grigsby, Hamilton of
Travis, Harris, Home, Johnson of Harrison, Johnson of Calhoun,

8.84 RECONSTRUCTION CONVENTION JOURNAL.

Jordan, Kealy, Keigwin, Kendal, Kirk, Leib, Lindsay, Lippard,
Long, Mackey, McWashington, Mundine, Phillips of San Augustine,
Phillips of AYharton, Rogers, Scott, Stockhridge, Sumner, Thomas,
Vaughan, Watrous, Williams, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 51,

Nays — ]Messrs. President, Buffington, Degener, Downing, Foster,
Kuechler, Newcomb, Patten, Smith of Galveston, Smith of Marion,
Varnell, Whitmore — 12.

So the Convention agreed to postpone the consideration of section
forty-three.

Section forty-four was postponed.

On the question to postpone the consideration of section forty-
five, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Grayson,
Burnett, Caldwell, Carter, Cole, Curtis, Flanagan, W. Flanagan,
Foster, Glenn, Grigsby, Hamilton of Travis, Harris, Harn, Home,
Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwih,
Kendal, Kirk, Leib, Lindsay, Long, Mackey, McWashington,
Mundine, Phillips of San Augustine, Phillips of Wharton, Rogers,
Scott, Stockbridge, Sumner, Thomas, Wilson of Brazoria, Wilson
of Milam, Wright— 46.

Nays — Messrs. President, Bryant of Harris, BufSngton, Degener,
Downing, Kuechler, Lippard, Newcomb, Patten, Varnell, Whitmore,
Williams, Yarborough — 13.

So section forty-five was postponed.

Section forty-six, on motion, was postponed.

Section forty-seven, on motion, was postponed.

The President announced the next business in order was the
consideration of the report of the Committee on Education.

Mr. Buffington moved that the consideration of the report be
made the special order for the tenth day of December next.

Upon which the yeas and nays were demanded, and resulted
tlius :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Grayson, Buf-
fington, Cole, Flanagan, W. Flanagan, Fleming, Glenn, Hamilto«n
of Travis, Harris, Harn, Home, Keigwin, Kirk, Leib, Lindsay,
Mackey, Newcomb, Phillips of San Augustine. Rogers, Scott,
Stockbridge, Thomas, Vaughan, Wilson of Brazoria, Wright — 33.

Nays — Messrs. President, Bryant of Harris, Burnett, Caldwell,
Carter, Curtis, Degener, Downing, Foster, Grigsby, Johnson of
Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler,
Long, McWasliington, Mundine^ Patten, Phillips of Wharton, Smith

RECONSTRUCTION CONVENTION JOURNAL. 885

of Galveston, Smith of Marion, Sumner, Varnell, "VYatrous, Whit-
more, Williams, Wilson of Milam, Yarborough — 30.

So the report was postponed.

Mr. Varnell moved that the vote adopting section forty-two of the
report of the Committee on Political and Legislative be reconsi-
dered.

Lost.

On motion, the Convention adjourned until four o'clock this after-
noon.

AITERNGON SESSION — FOUR o' CLOCK.

Convention met pursuant to adjournment.

Roll called. Quorum present.

Mr. Jordan presented a petition from the citizens of Goliad
countj, asking the relinquishment of State taxes, to enable them to
build a jail, and asked its reference to the Committee on State

uiiilS.

Mr. Home made the following report from special committee :

Committee Room,
Austin, Texas, August 26, 1868.
Hon. E. J. DAVIS,

President of the Convention :

Sir : Your committee appointed to ascertain up to what date the
reporter of thia Convention has written out the speeches and debates
beg leave to report that no speeches or debates have as jet been
written out by the reporter in any regular order, and seventy days
is estimated by the reporter as the time necessary in which to make
such writing, and that he would not do the same for less than fifteen
dollars per day.

Respectfully,

W. E. HORNE,
JAS. W. THOMAS.

Mr. Flanagan, from the Committee on Internal Improvements,
made the following report :

886 RECONSTRUCTION CONVENTION JOURNAL.

City of Austin, August 26, 1868.

To the Hon. E. J. DAVIS,

President of the Constitutional Convention :

Sir : Your committee have had before them a declaration for the
relief of the Texas Central Railroad, and from the testimony before
your committee they find that this road is in better condition than
any road in the State, and that it deserves all it asks. I am in-
structed by a majority of the committee ■ to recommend the passage
of the declaration.

J. W. FLANAGAN,
Chairman of the Committee.

DECLARATION

Respecting the Central Railroad Company.

Whereas, The Houston and Texas Central Railway Company
has become the owner, by purchase, of tlie Washington County Rail-
road ; and

Whereas, The said ^louston and Texas Railway Company, and
the Washington County Railway Company, were indebted, on the
first day of March, A. i). 1868, to the State of Texas, for sums bor-
rowed irom the Special School Fund, in the sum of $539,074.96,
and are further indebted for accrued interest since the first day of
March, 186 ^ ; and

Whereas, The said Houston and Texas Central Railway Com-
pany is desirous' to extend the Washington County Brcxnch to the
city of Austin as soon as it can be done, and to build their main
trunk to Red river in the shortest time possible and upon the best
giound, and to strike said river at such point as will enable said
company to fo)'m a connection with any raJlioad that may be built
southward fiom Kansas, or Misrsoui'i, to Red river; and

Wjierkas, Tlic ability of said company to build said main trunk
and branch roads would be greatly increased by the consent of the
State to exchange the six per ceiit. bonds of said companies for the
seven per cent, gold beiiring bonds of the said Houston and Texas
Central Railway Company ; and

Whereas, It is believed that such exchange can be made without,
in any manner, endangering the security of the School Fund ;

Thcrofore he U declared by the people of Texas ill CoJivention
assembled:

RECONSTRUCTION CONVENTION JOURNAL. 887

That the Washington Countj Railroad is hereby declared to be a
branch of the Houston and Texas Central Railroad, and shall hence-
forth be known and called the Western Branch of the Houston and
Texas Central Railway, and shall be controlled and managed by the
said Houston ^.nd Texas Central Railway Company ; and the said
Houston and Texas Central Railway Company shall have the right
to extend the said western branch of their road from the town of
Brenham, in Washington county, to the city of Austin, by the most
eligible route, as near an air-line as may be practicable.

Second. That it is hereby made the duty of the Provisional Gov-
ernor to accept, from the Houston and Texas Central Railway Com-
pany, the suven per cent, land grant, sinking fund, first mortgage,
gokl-bearing bonds of said company for th*e whole amount of principal
and interest due to the State from the said Houston and Texas Cen-
ti-al Railway Company and the said Washington County Railway
Company, on the first day of July, A. D. 1868 ; and to cancel the
bonds now held by the State against said companies.

Third. The Houston and Texas Central Railway Company is
hereby authorized to build its main trunk from itf^ present northern
terminus, by the most eligible loute, to be selected hy the engineer
or engineers of the company, to any point on Red river, within
thirty miles of the town of Preston, in Grayson county.

Fourth, This declaration shall take effect from and after its
passage.

Mr. Foster offered the following declaration, and asked its refer-
ence to the Committee on Contingent Expenses.

DECLARATION.

Whereas, The proprietors of Flake's Bulletin have shown the
Convention the generous courtesy to send each member of the Con-
vention one copy of their daily issue regularly, from the date of the
assem])ling of the Convention, w^hich compliment the Convention has
heretofore properly acknowledged by a resolution of thanks ; and

Whereas, The session of the Convention has been protracted
beyond the time then contemplated l)y said proprietors ; and

Whereas, Said Flake's Daily Bulletin has industriously and
faithfully placed before the people of this State the actions of the
Convention ; therefore, be it

Resolved, That, as a further evidence of the appreciation of the
courtesy shown the Convention, and of the service rendered the peo-
ple of Texas by said proprietors in their furnishing the public with

888 EEC0X.5TKUCTI0N CONVENTION JOURNAL.

a full report of our proceedings, we respectfully tender to the said

proprietors of said Daily Eulletin the sum of dollars, to be-

paid out of the contingent fund of the Convention.

Referred to the Committee on Contingent Expenses.
Mr. Lindsay ofiered the following

DECLARATION :

Be it declared hy the people of Texas in Convention assem-
bled, That the foUowmg newspapers be, and they are hereby author-
ized and requested to publish in the form of " extras," of their sev-
eral journals, for distribution among the people, copies of the Con-
stitution, as far as passed upon by this Convention ; that is to say,
that the Austin Republican publish five thousand conies for distribution
among the people of the counties of Colorado, Fayette, Lavaca, Bastrop,
Travis, Williamson, Bell, Hamilton, Comanche, Brown, San Saba,
Lam.pasas, Burnett, Llano, Hays, Caldvf ell and Guadalupe ; that
the San Antonio Express publish five thousand copies for distribu-
tion in tlie counties of Jackson, Mason, Menard, Kendal, Edwards,
Kerr, Gillespie, Blanco, Bandera, Bexar, Comal, Wilson, Gonzales,
De Witt, Karnes, Goliad, Victoria, Calhoun, Refugio, San Patricio,
Nueces, Live Oak, Bee, Atascosa, Medina, Uvalde, Zavalla, Came-
ron, Hidalgo, Starr, Zapata, Webb, Kinney, Presidio, Maverick,
Coryell and El Paso ; that the Freie Presse fur Texas publish five
thousand copies for distribution among the German population in the
State wherever located ; that Flake's Bulletin publish five thousand
copies for distribution in the counties of Galveston, Brazoria, Fort
Bend, Harris, Austin, Montgomery, Walker, Grimes, Brazos and
Washington , that the Galveston Republican publish five thousand
copies lor distribution in the counties of Burleson, Milam, Robert-
son, Madison, Leon, Freestone, Lime&tone, Falls, McLennan, Mata-
gorda, Wbarton, Hill, Bosque and Navarro ; that the McKinney
Messenger pu])lish five thousand copies for distribution in the coun-
ties of Hunt, Collin, Dalhis, Tarrant, Cook, Dentonj Montague,
Wise, Parkei-, Palo Pinto, Jack, Clay, Young, Johnson, ElJis,
Erath, Wood, Hood and Taylor; that the Paris Vindicator publish
five thousand copies for dist)-ibution in the counties of Davis,
Bowie, Titus, Red River, liaraar, Hopkins, Kaufman, Fannin and
Grayson ; that the Tyler Index pul)]ish five thousand copies for dis-
tribution in the counties of Anderson, Cherokee, Harrison, Hen-
derson, Houston, Rusk, Sabine, San Augustine, Shelby and Smith ;
that the Union Repu1)]ican, at Huntsville, publish five thousand
copies for distribution in the counties of Jasper, Jeflfcrson, Liberty,

RECONSTRUCTION CONVENTION JOURNAL. 889

Nacogdoches, Newton, Orange, Panola, Polk, Tiinitj. Tyler, Har-
din, Chambers, Van Zandt and Vv^ocd,

That the said several newspapers distribute these " extras'' pub-
blishcd hj them respective! j, and present their respective accounts
for liquidation and settlement at the reassembling of this Conven-
tion, in December next.

]Mr. Lindsay moved that the rules be suspended to consider the
declaration.

Rules suspended.

Mr. Sumner moved that the declaration be referred to the Com-
mittee on Printing.

The Convention refused to refer the declaration to the Commit-
tee.

The question recurred upon the adoption of the declaration.

It wdo adopted.

Mr. Jordan oftcred the following declaration :

Be it declared hy the people of Texas in Convejition assem-
bled. That Brevet Iv!ajor-G-eneral J. J. Reynolds, Commander of
the Fifth Military District, be and he is hereby respectfully request-
ed to order the relinquishment of the State tas to the county of Go-
liad, assessed for the year 1868, for the purpose of building a jail
in and for said county ; and that he be further requested to order
the holding of a special term of the district couit in said county,
for the purpose of bringing up the docket.

My. Jordan moved a suspension of rules to take up the declarar
tion.

Rules suspended.

Ml . Flanagan offered the following amendment :

Amend by adding Rusk county.

Mr. Sumner moved the whole matter be laid on the table.

Carried.

Mr. Downing offered the following declaration r

Resolved, That Mrs. Eleana Oaks, widow of W. E. Oaks, de-
ceased, is hereby authorized to draw all pay and mileage due said
W. E. Oaks.

That said Mrs. Oaks is authorized to draw pay up to the 31st
day of August, 1868.

Mr. Slaughter moved to suspend the rules for the consideration of
the declaration.

890 RECOXSTRUCTION CONVENTION JOURNAL.

Rules suspended.

Resolution read and agreed to.

JMr. Smith, of Marion, offered the following amendment :

And that an appropriation be made bj the Convention of three
hundred dollars, or so much thereof as may be necessary, to pay
all funeral expenses and erect a tombstone over his remains.

Tho amendment was adopted.

The question recurred upon the declaration.

It was adopted.

Mr. Degener raised a question of privilege, and requested the fol-
lowing declaration be published in the oSiaial newspapar of this
Convention, it being omitted in the proceedings of the 21st inst.

A DECLARATION

Supplemental to a declaration in relation to 1-ailroads, declared Au-
gust 10, 1868.

Section 1. Be it further declared, That the right of way
intended to be granted by said declaration shall extend to the width
of two hundred and fifty teet, for the purpose' of a double track ; and
where it runs through the public lands, the State grants it in full
property ; and where the same runs through the lands of individuals,
saitl company may acquire the same by purchase or condemnation
under the law.

Sec. 2. The said International Pacific Railroad Company shall
have the further right to extend two branches of said road from
points of intersection to the Gulf of Mexico, with all the rights and
franchises which appertain to the main trunk of said road.

Sec. 3. And tlie line of said International Pacific Railroad, in
Texas, is more clearly defined, to commence at or near a point on the
cast boundary line of the State, where the States of Arkansas and
Louisiana join, and to run south-west to the Rio Grande, to or near
Laredo ; and to aid in the construction of said road, and enable the
company to fuiMiish homesteads to freedmen and other operatives
ujton tlie i-.-:;d, tliere is hereby reserved to said company all public
unhjcaled land for twenty miles on each side of said line, to aid in
the construction and maintenance of the road, in the way of timber,
stone, lime and fuel ; and if th« company complete said road between
said points within six years fiora date, its light to the public land
witliin said reservation shall become absolute.

Sec. 4. Said company shall have the right to vary the guage of

RECONSTRUCTION CONVENTION JOURNAL. 891

said road and branches in Texas, so as to correspond with the uni-
form guage from Cairo, without impairing the right of said company
to the benefits granted to other railroads by the general laws of
Texas, which shall include the right of constructing and operating
telegraph lines along said road and branches ; of building the neces-
sary switches, turn-outs, stations, machine shops ; of purchasing,
selling and disposing of lands ; of acquiring and using wharves and
depots and wharf privileges ; of establishing and maintaining all the
necessary agents to carry on their business, and exercising in Texas
all the grants and franchises which shall be conceded by Congress
and the iMexican government, in aid of the great work of construct-
ino- an International Pacific Railroad from Cairo to the Pacific
ocean.

It was so ordered.

Mr. Slaughter rose to a question of privilege, and requested that
the journal might show that, on the twenty-second of August, he
moved to insert the McKinney Messenger in place of the newspaper
published at Marshall, Texas.

It was so ordered.

Mr. Talbot offered the folio v/ing resolution :

Resolved^ That the newspapers of the State which have been
requested to publish copies of the constitution for distribution, be also
requested to publish, along with the constitution, the project of a
common school system reported by the Committee on Education,
which has not yet been acted on by the Convention, but postponed
till the reassembling of this body, in December next.

By consent, the resolution was withdrawn. •

Mr. Stockbridge moved to reconsider the vote pcstponing the con-
sideration of the report of the Committee on Education until the
tenth day of December, 1868.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bellinger, Boyd
Bryant of Grayson, Bryant of Harris, Butler, Burnett, Caldwell
Carter, Cole, Constant, Curtis, Degener, Downing, Flanagan
Fleming, Goddin, Johnson of Hairison. Johnson of Calhoun, Jordan
Kealy, Kendal, Leib, Lippard, Mc Washington, Mundine, Munroe
Phillips of Wharton, Posey, Ruby, Schuetze, Scott, "Slaughter
Smith of Galveston. Smith of Marion, Stockbridge, Sumner,
Talbot, Varnell, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wilson of Milam, Wright, Yarborcugh — 47.

892 RECONSTRUCTIOX CONVENTION JOURNAL.

Najs — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board,
Baffington, W. Flanagan, Harris, Keigwin, Lindsay, Long, Rogers,
Thomas, Vaughan — 13.

So the motion prevailed.

Mr. Fleming called up the report of the Committee on Counties
and County Boundaries, the question being upon the third reading
of the report.

Mr. Thomas moved to postpone the consideration of the subject
until the tenth daj of next Decerhber.

Upon which the jeas and najs were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Bellinger, Bledsoe, Board,
Bryant of Grrayson, Burnett, Constant, Degener, W. Flanagan,
Kealy, Kendal, Kirk, Lindsay, Posey, Eogers, Iluby, Smith of
Marion, Sumner, Thomas, Watrous, Williams, Wilson of Brazoria
22.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bryant of
Harris, Buffington, Caldwell, Carter, Cole, Curtis, Downing,
Flanagan, Fleming, Foster, Goddin, Harris, Harn, Johnson of Har-
rison, -Johnson of Calhoun, Jordan, Keigwin, Leib, Lippard, McWash-
ington, Mundine, Munroe, Newcomb, Patten, Phillips of Wharton,
Schuetzo Scott, Slaughter, Stockbridge, Varnell, Vaughan, Whit-
more, Wilson of Milam, Wright, Yaiborough — 86.

So the Convention refused to po.3tpone.

The qucsiiou recurred upon the final passage of the report.

Mr. Bryant of Grayson moved to adopt the declarations, as re-
ported from the committee, separately.

Mr. Sumner moved a call of the House.

Call not sustained.

The question recurred upon the passage of the declaration creating
the county of Webster.

Upon v.'hicli the yeas and nays were demanded and resulted
thus :

Yeas — Mes.srs. President, Armstrong of La"mar, Bell, BuiSngton,
Caldwell, Carter, Cole, Cui-tis, Downing, Flanagan, Fleming, Foster,
Goddin. Harris, Harn, Jordan, Leib, Lippard, Loijg, McWashing-
ton, Mundine, Munroe, Patten, Phillips of Wharton, Scott, Slaugh-
ter, Stockbridge, Varnell, Vaughan, Watrous, Whitmore, Wilson of
Milam, Wright, Yarborough— 34.

Nays — Messis. Armstrong of Jasper, Bellinger, Bledsoe, Board,
Bryant of Grayson, Burnett, Constant, W. Flanagan, Home, John-
son oi' Harrison, Kealy, Keigwin, Kendal, Kirk, Newcomb, Phil-
lips of San vVugu.stinc, Posoy, Rogers, Raljy, Srniih of Galveston,
Smith of Marion, Sumner, Talbot, Thomas, Williams — 25.

RECONSTRUCTION CONVENTION JOURNAL. 893

So the declaration was adopted.

Tlie question recurred upon the passage of the declaration creating
the county of Delta,

It was adopted.

The cjuestion recurred upon the passage of the declaration creating
the county of Eichland.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Bryant of 'Harris, Caldwell, Carter, Cole, Curtis, Downing, Fhxna-
gan, Fleming, Foster, Goddin, Jordan, Kendal, Lippard, Long,
Muodine, Muaroe, Newcomb, Patten, Phillips of Vf harton, Scott,
Slaughter, Stoekbridge, Yaughan, Watrous, Whitmore, Wilson of
Milam, V/right, Yarborough— 32.

Nays — Messrs. Armstrong of Jasper, Bellinger, Board, Bryant of
Grayson, Burnett, Constant, W. Flanagan, Harris, Hani, Home,
Johnson of Harrison, Kirk, Leib, Lindsay, Mc Washington, Phil-
lips of San Augustine, Posey, Rogers, Ruby, Smith of Galveston,
Sumner, Talbot, Thomas, Varnell — 24.

So the declaration was adopted.

Mr. Foster called up the report of the special committee respect-
ing the Memphis and El Paso railroad lands.

Mr. Degener moved to strike out, " subject to genuine land certi-
ficates."'

Mr. Flanagan moved the previous question.

Previous question seconded.

!Mr. Degener moved a call of the House.

Call sustained.

On motion, the Convention adjourned until to-morrow morning
at 9 o'clock.

CAPITOL, AUSTIN, TEXAS,
August 27, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted.

Mr. Johnson, of Calhoun, moved a suspension of the rules to
take up resolution providing for sending Messrs. Hamilton and
Caldwell to Washington, and appropriating thi'ee thousand dollars
for the payment of expenses.

894 RECONSTRUCTION CONVENTION JOURNAL.

Upon wliich the jeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Bellinger, Brown, Buffington, Burnett, Carter,
Constant, Fleming, Foster, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Liadsaj, Long, Mundine, Muni'oe, Phillips of Whar-
ton, Posey, Ruby, Scott, Slaughter, Smith of Gralveston, Smith of
Marion, Vaughan, Watrous, Wilson of Brazoria — 25.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Board, Boyd, Bryant of Grayson, Bryant of Harris,
Cole, Curtis, Degener, Flanagan, W. Flanagan, Glenn, Harris,
Kealy, Keigwin, Kendal, Kuechler, Kirk, Lippard, Newcomb,
Patten, Phillips of San Augustine, Rogers, Thomas, Varnell, Wil-
liams, Wilson of Milam, Wright, Yarborough — 31.

So the Convention refused to suspend rules.

Mr. Carter moved to suspend the rules to take up the report of
the Special Committee on the Memphis and El Paso Railroad Lands.

Rules suspended.

Mr. Degener moved to strike out the words "and subject to the
location of all genuine land certificates."

Mr. Flanagan moved the previous question.

Previous question seconded.

The question recurred, "Shall the main question be now put ? "

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messre. Armstrong of Jasper, Bellinger, Board, Brown,
Bryant of Harris, Caldwell, Carter, Cole, Constant, Downing,
Flanagan, W. Flanagan, Foster, Glenn, Hamilton of Travis. Harris,
Harn, Johnson of Harrison, .Johnson of Calhoun, Keigwin, Kirk,
McWasIiington, Mundine, jNIunroe, Phillips of San Augustine,
Phillips of Wharton, Posey, Smith of Galveston, Stockbridge,
Talbot, Varnell, Watrous, Wilson of Brazoria, Wilson of Milam,
W)-ight— 35.

Nays — Messrs. President, Armstrong of Lamar, Bledsoe, Buffing-
ton, 13m-nett, Curtis, Degener, Fleming, Jordan, Kealy, Kendal,
Kuechler, Lindsay, Lippard, Long, Newcomb, Patten, Rogers,
Schuetze, Scott, Slaughter, Smith of Marion, Sumner, Thomas,
Vaughan, Whitmore, Williams, Yarborough — 28.

So the main question was ordered.

The (question recurred, shall the declaration be adopted ?

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — ^Icssrs. President, Armstrong of .Jasper, Bellinger, Board,
Bryant of Harris, Caldwell, Carter, Cole, Constant, Curtis, Down-
ing, Flanagan, W. Flanagan, Foster, Glenn, Hamilton of Travis,

RECOIS'STRUCTIOlsr CONVENTION JOURNAL. 895

Harris, Ilarn, Johnson of Calhoun, Kealj, Keigwin, Kirk, Mo
Washington, Mundine, Munroe, Phillips of San Augustine, Phillips
of Wharton, Posey, Scott, Slaughter, Smith of Galveston, Stock-
bridge, Talbot, Varnell, Whitmore, Wilson of Brazoria, Wilson of
Milam, Wright— 38.

Nays — Messrs. Armstrong of Lamar, Bledsoe, BroAvn, Bryant of
Grayson, Buffington, Burnett, Degener, Fleming, Johnson of Harris,
Jordan, Kendal, Kcuchler, Lindsay, Lippard, Long, Newcomb,
Patten, Rogers^ Schuetze, Smith of Marion, Sumner, Thomas',
Vaughan, Watrous, Williams, Yarborough — 26.

So the declaration passed a second reading.

Mr. Armstrong, of Lamar, moved that the rules be suspended for
consideration of the following declaration, introduced by Mr. Hamil-
ton, of Travis :

^ARTICLE GRANTING LANDS TO ACTUAL SETTLERS.

Introduced and ordered to be printed.

Section 1, There shall be one General Land Office in the State,
which shall be at the seat of Government, where all titles which
have heretofore emanated or may hereafter emanate fi'om govern-
ment shall be registered ; and the Legislature may establish, from
time to time, such subordinate offices as they may deem requisite.

Sec. 2. All certificates for headright claims to land, issued to
fictitious persons, or which were forged, and all locations and surveys
thereon, are and the same were null and void from the beginning.

Sec. 3. Every head of a family now residing in Texas, who has
never received a headright or pre-emption claim from the govern-
ment of Texas, and who now owns no land in the State, shall have
the right to locate and receiye a patent from the State for one hun-
dred and sixty acres of land from the vacant public domain, upon
paying the expense of survey and patent fees ; and all single men
now residing in the State, who are twenty-one years of age, who
now own no land in the State, and whose parents have never re-
ceived a headright or pre-emption claim from the government of
Texas, shall have the right to locate and receive a patent from the
State for eighty acres of land from the vacant public domain, upon
paying the expense of survey and patent fees.

Sec. 4. Every immigrant to this State, who will settle, 6ccupy,
cultivate and improve any portion of the vacant public domain, shall
be entitled to a grant for the same in fee simple, as follows : Each
head of a family shall be entitled to a grant of one hundred and
sixty acres, and each single adult person shall be entitled to a gi-ant

896 EEC0N3TEU31I0N CONVENTION JOUEKAL.

of eighty acres ; Provided, that the grantee shall pay the expense of
survey and patent fees.

Rules suspended.

Mr. Burnett moved that the declaration be referred to the Com-
mittee on Judiciary.

Withdrawn.

Mr. Lindsay moved that the declaration be printed and made the
special order after the action of the Convention on the report of the
Committee on Education.

Carried.

The President announced the business in order was the considera-
tion of the report of the Committee on Education.*

Mr. Johnson, of Calhoun, moved that the report be considered by
sections.

Carried, '

Mr. Buffin^ton offered the followincr amendment to section one :

Strike out all after " schools " in third line.

Mr. FlanajTan offered the followin2: substitute to the renort :

It shall be the duty of the first Legislature of the State of Texas
to pass a law providing for a common school system for the State,
which law shall be equal and uniform, giving to the whites and blacks
the same benefits arising out of any and all lands and monies that
shall be set apart as a general school fund ; provisions shall ])e made
in said ^aw to keep the races separate, to avoid prejudice that would
otherwise arise.

Mr. Caldwell moved to lay the substitute on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bryant of Harris, Burnett, Caldwell,
Carter, Constant, Curtis, Degener, Foster, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler, Lindsay,
Lippard, Long, Mackey, Mc Washington, Mundine, Munroe, New-
coml">, Posey, Ruby, Schuetze, Slaughter, Smith of Galveston,
Smith of Marion, Stockbridgc, Sumner, Talbot, Watrous, Whitmore,
Williams, Wilson of Brazoria — 36.

Nays — Messrs Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Brown, Bryant of Grayson,
Biiffmgton, Cole, Flanagan, W. Flanagan, Fleming, Harris, Grigsby,
Harn, Uorne, Keigwin, Kirk, Phillips of San Augustine, Phillips
of Wharton, Rogers, Scott, Thomas, Varnell, Vaughan, Wilson of
Milam, Wright, Yarborough — 30.

• For report see p 610.

RECOIfSTIltrCTrON CONVENTION JOTQRNAL. 397

'So the substitute was laid on the table.

Mr. Smith, of Galveston, moved the previous question.

Previous question seconded.

Mr. Buffington moved a call of the House.

Call sustained.

Absentees — Goddin, Hunt and Mackej.

Mr. Degener moved a suspension of the call-
Carried.

The question recurred, " Shall the main question be now put?"

The main question was ordered.

The question recurring upon the adoption of section one of the
report, the yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bledsoe,
Bryant of Harris, Burnett, Caldwell, Carter, Constant, Curtis,
Degener, Downing, Fleming, Foster, Hamilton of Travis, Johnson
of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Keuch-
ler, Lindsay, Lippard, Long, Mc Washington, Munroe, Newcomb,
Patten, Phillips of Wharton, Rogers, Ruby, Schuetze, Slaughter,
Smith of Galveston, Smith of Mai'ion, Stockbridge, Sumner, Tal-
bot, Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wright-— 44.

Nays— Messrs. Armstrong of Jasper, Bellinger, Board, Brown,
Boyd, Bryant of Grayson, Buffington, Cole, Flanagan, Flanagan
W., Harris, Harn, Home, Keigwin, Kirk, Phillips of San Au-
gustine, Posey, Scott, Thomas, Varneil, Wilson of Milam, Yar-
borough — 22.

So section one of the report was adopted.

Mr. Schuetze offered the following as an additional section to be
inserted between first and second sections.

It shall be the duty of the Board of Education to establish sepa-
rate schools for white children and for colored children, and may
also provide for the establishment of separate male and female
free schools, whenever a sufficient number of scholars should make it
fiecessary or advisable.

[Mr. Phillips, of San Augusttine, in the chair.]

Mr. Bryant, of Harris, moved to adjourn until this afternoon at
four o'clock.

Lost.

Mr. Schuetze moved to strike out the second clause of the sec-
tion.

Leave granted and clause withdrawn.
51

898 RECONSTRUCTION CONTENTION JOURNAL.

The (juestion recurring upon the acceptance of the proposed fe'ec-
tion, the yeas and najs were demanded and resulted thus ;

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lam.ar, Bell,
Bellinger, Bledsoe. Board, Boyd, Bryant of Grayson, Buffington,
Burnett, Caldwell, Carter, Cole, Constant, Downing, Flanagan,
W. Flanagan, Fleming, Grrigsby, Hamilton of Travis, Johnson of
Calhoun. Jordan, Kealy, Keigwin, Keuchler, Kirk, 'Lindsay, Lip-
pard, McWashin2;ton, Munroe, Mundine, Phillips of San Augus-
tine, Rogers, Schuetze, Scott, Slaughter, Smith of Galvestoii, Stock-
bridge, Sumner, Talbot, Thoraay, Varnell, Vaughan, WhitraorBj-
Wilson of Brazoria, Wilson of Milam, Wright, Yarborough — 48.

^ays — Messrs. President, Bryant of Harris, Curtis, Degener,
Foster, Johnson of Harrison, Kendal, Long, Newcomb, Patten
Ruby,' Smith of Marion— 12.

So the proposed section was accepted. *

Mr. Smith, of Galveston, offered the following proviso to the
proposed section :

Provided that no one entitled to the right of public education shall
he prevented on account of sex or color from attending the public
schools that are accessible, when schools suited to sex or color as
provided in this section may not be established.

My. Hamilton, of Travis, moved to lay the proviso on the table.

Upon which the yeas and nays were demanded and resulted
thus :

Zeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington,
Burnett, Caldwell, Carter, Cole, Constant, Downing, Flanagan,
W. Flanagan, Fleming, Grigsby, Hamilton of Travis, Johnson of
CnJliouD, Kealy, Keigwin, Kirk, Mundine, Munroe, Phillips of
San Augustine, Phillips of Wharton, Rogers, Scott, Slaughter,
Stockbridge, Talbot, Thomas, Varnell, Vaughan, Wilson of Brazo-
ria, Wilson of Milam, Wright, Yarborough — 40.

Nays — ^Messrs. President, Bryant of Harris, Curtis, Degener,
Foster, Johnson of Harrison, Jordan, Kendal, Kuechler Lindsay ,^
Long, McWashington, Newcomb, Patten, Ruby, Schuetze, Smith
of Galveston, Smith of Marion, Sumner, Williams — ^20.

So the proviso was laid on tlie tal)le.

Mr. Degener moved to strikeout the word "shall" and insert
"may " after the words " Board of Education."

Mr. W. Flanagan moved to lay the motion on the table."

Upon the nvotion to lay the substitute upon the table, the yeas
and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Bryant of Grayson, Buffington, Burnett, Caldwell,

RECONSTRUCTION CONVENTION JOURNAL. 899

Cole, Flanagan, Elanagan W., Fleming, Hamilton of Travis, Johnson
of Calhoun, Kealj, Keigwin, Kirk, Mundine, Munroe, Pliillips of
San Augustine, Phillips of Wharton, Rogers, Schuetze, Scott,-
Slaughter, Smith of Galveston, Stockbridge, Sumner, Talbot,
Thomas, Varnell, Vaughan, Whitmore, Wilson of Brazoria, Wil-
son of Milam, Wright, Yarborough — J38.

Najs — Messrs. President, Bellinger, Bledsoe, Bryant of Harris,
Carter, Constant, Curtis, Degener, Do^yning, Foster, Johnson of
Harrison, Jordan, Kendal, Kuechler, Lindsaj, Long, McV^^ash-
ington, Newcomb, Patten, Rubj, Smith of Marion, Williams — 22.

So the amendment was laid on the table.

Mr, Lindsay offered the following substitute :

The board of Education shall have power to establish separate
free schools for the white and colored children ; but under no
circumstances shall any children, of either color, be deprived of the
benefits and advantages of the public free school system established
by the State.

Mr. Flanagan moved to lay the substitute on the table.
Mr. Bryant, of Harris, moved that the Convention adjourn until
four o'clock this afternoon.
Carried.

AFTERNOON SESSION — FOUR o' CLOCK.

Convention met pursuant to adjournment.

Roll called. Quorum present.

Mr. Degener rose to a question of privilege, and requested that
the following declaration, offered by Mr. Carter, in reference to the
Memphis, El Paso and Railroad reservation, be inserted in the jour-
nal.

DECLARATION.

Granting land to actual settlers, to purchasers of lands, and location
of genuine certificates, within the limits of the Memphis and El
Paso railroad reserve.

Section 1. Be it declared by the jieople of Texas in Con-
vent'mi assembled, That all heads of families actually settled

900 RECONSTRUCTION CONVENTION JOURNAL.

on vacant lands lying within the Menaphis and El Paso railroad
reserve, shall be entitled to and receive from the State of Texas eighty
acres of land, including the place occupied, on payment of all ex-
penses of survey and patent.

Sec 2. Be it further declared, That all vacant lands lying
within the Memphis and El Paso railroad reserve are hereby de-
clared open and subject to sale to heads of families actually settled
on, or Avho may actually settle in said reserve, at the price of one
dollar per acre ; and said vacant land within said reserve shall be
open to preemption settlers, and subject to the location of all
genuine land certificates.

Sec. 3. Be it further declared., That on the fourth day of Febru-
ary A. D. 1856, an act, entitled "An Act to incorporate the Mem-
phis, El Paso and Pacific Railroad Company," was approved by
the Governor; and on the twenty-fifth day of August, 1856, the
nineteenth section of said act was amended and approved by the
Governor; and by the said act and amendment aforesaid, a certain
quantity of land per mile was granted to said Memphis, El Paso
and Pacific Railroad Company, upon the express condition that the
said company put in complete order twenty miles of said road ;
and a large quantity of certificates for lands have been issued by
the Commissioner of the General Land Oifice to said company,
and many patents have been issued thereon ; and it is believed
by this Convention that said patents and certificates have been
issued in violation of the express provision of said act ;

Therefore he it further declared, That it shall be the duty of
the Attorney General of the State of Texas to prosecute suits in
any court in this State, having competent jurisdiction, agamst said
company, or any person or persons holding any of said certificates
or patents, for the purpose of having the same cancelled.

Sec 4. Be it further declared, That this ordinance take effect
from and after its adoption and approval.

It was so ordered.

Mr. Bryant, of Grayson, rose to a question of privilege, and re-
quested tlie following report from a special committee, and accom-
panying declaration in reterence to Martin D. Hart, be inserted in
the journal.

MURDER OF HON. MARTIN D. HART.

Mr. William H. Graham, Sergeant-at-arms of the Texas Constitu-
tional Convention, being duly sworn, says :

Hon. Martin D. Hart, of Hunt county, Texas, Captain of Com-

RECONSTRUCTION CONVENTION JOURNAL. 901

pan J A, First Texas Cavalry, U. S. A., together with Lieutenant
Hajes and eight others of the same company, were captured by
ahout three hundred and fifty rebel troops, under command of Lieut.
Col. R. P. Crump. Captain Hart and his men surrendered as pris-
oners of war. Colonel Crump demanded the surrender of Captain
Hart and his men, which was at first refused ; upon which Colonel
Crump said he did not want any blood shed, and that he had men
enough to take us any way. (Witness was one of Captain Hart's
company captured.) He farther said, if we would surrender, we
would be treated as prisoners of war, and addressing us said : " Not
a hair of any of your heads shall be hurt."' After talking among
ourselves, and considering the conditions of surrender, we agreed
to surrender, and did so. This was on Saturday, the 18th day of
January, 1863. On Sunday, the day following, we were taken to
Fort Smith, Arkansas. On Monday, a court-martial from Speight's
Texas Brigade (as witness understood) was organized. Tues-
da}^. Captain Hart and Lieutenant Hayes were tried before
the court-martial, at ten o'clock, A. M., and sentenced to be hanged
between one and two o'clock that evening, which sentence was ex-
ecuted at the appointed time. After the sentence of death was read
to him, Captain Hart asked permission to see his fellow prisoners,
which wiis refused ; but Lieutenant Hayes was permitted to talk
with the other prisoners about five minutes. On being conducted to
our cell. Lieutenant Hayes said that Captain Hart had been refused
permission to talk to us, but he had been permitted to come in and
say a few words. He told us that he and Captain Hart were to be
hanged between one and two o'clock of that day ; that it was a very
hard sentence, but he Avould meet it fearlessly : that they expected
the balance of us would be hanged before long, and if so, to meet it
fearlessly and show no signs of weakness. At the stated time, Cap-
tain Hart and Lieutenant Hayes were executed. Witness saw
a crowd gathering to execute the sentence.

Witness further states : That within ten or fiiteen minutes after
giving up our arms, one Major Burns, of Crump's command, came
in the room where we were, wfth a revolver in his hand, and de-
manded each prisoner's pocket-book and money, which were given to
him. Burns took all the money each prisoner had, placed it in the
best pocket-book he could find, put it in his pocket, and said the
money would be refunded at the proper time, but was never re-
funded.

Witness further states : That after Captain Hart and Lieutenant
Hayes were hanged, we were marched out, handcuffed with lieavy
handcuffs, made in a blacksmith shop ; afterwards taken to Darda-
nelle, Arkansas, and chained together, two by two, by the ankles ;

902 EECONSTRUCTION COISi'VENTION JOURNAL.

thence taken to Little Rock, marched through the streets in derision ;
lodged in the guard-house for four dajs ; thence taken to the county
jail, and placed inside the iron cells. Here we were confined for two
montlis in very cold weather, with no fire and one-fourth rations. _
We were then marched out to General Holmes' headquarters, and
the Adjutant General of General Holmes' staff told us we could take
our choice, to volunteer in the Confederate States army, or return to
jail, to await a trial before Confederate officers for treason against
the Confederate States. We joined the army to save our lives, and
in five weeks I escaped to the Federal army, and in time my com-
rades escaped.

This statement can be fully confirmed by E. H. Vance, Esq., of
Little Rock, Arkansas, who was a prisoner with us, and by four or
five other citizens of Arkansas, who also were prisoners with m.e.

WILLIAM H. GRAHAM.

Sworn to and subscribed before me, in Austin, Texas, 21st day
of August, 1868.

A. M. BRYANT,
Chairman of Committee.

It was so ordered.

Mr. Varnell moved the rules be suspended to consider the following
resolution:

RESOLUTION.

Repealing an act to organize the county courts, and define the pow-
ers and jurisdiction thereof, approved October 25, 1868.

Be it declared by the i^eople of Texas in Convention assem-
bled :

That the act passed by the Legislature of 1866, and approved on
the twenty-fifth October, 1866, organizing and defining the poAvers
and jurisdiction of the county courts, be, and the same is hereby, de-
clared to be repealed.

And that Brevet Major-Gcneral J. J. Reynolds, commanding the
Fifth Military District, is hereby re([uested to give due notice of the
passage of this declaration, and respectfully invite his concurrence in
the above and foregoing resolution.

Upon the motion to suspend the rules,
The yeas and nays were demanded and resulted thus : •
Ye^us — Messrs. P)-e.sidcnt, Armstrong, of Lamar, Bell, Bollinger,
Bledsoe, Bryant of Harris, Buffington, Burnett, Caldwell, Carter,

RECONSTRUCTION CONVENTION JOURNAL. 903

Cole, Constant, Curtis, Degener, Downing, Flanagan, W. Flanagan,
Foster, Goddin, Hunt, Johnson of Calhoun, Kealj, Keigwin, Ken-
dal, Keucbler, Lippard, Mackey, McWashington, Munroe, New-
comb, Patten, Phillips of San Augustine, Schuetze, Slaughter,
A'arnell, Vaughan, Vv'hitmore — 37.

Najs — Messrs. Armstrong of Jasper, Board, Bojd, Bryant of
Grajson, Glenn, Hamilton of Travis. Harris, Jordan, Kirk, Mun-
dine. Smith of Galveston, Stockbridge, Thomas, Watrous, Wilson of
Brazoria, Wilson of Milam, Wright, Yarborough — 18.

So the rules were suspended.

Mr. Thomas moved 'to refer the resolution to the Committee on
Judiciary.

Carried.

Mr. Newcomb introduced the following

RESOLUTION.

Whereas, Certain members of this Convention, who are also State
ofScials uuder the present provisional State government, have drawn
their per diem and mileage as delegates to this Convention ; also,
their pay as State officials.

Whereas, This drawing of two pays is contrary to the spirit of
our institutions, and an imposition upon an impoverished people;
therefore, be it

Resolved^ That the Secretary of this Convention is forbidden,
from issuing further certificates to those delegates drawing a salary
from the State as State officials.

Resolved, second. The Comptroller of the State is hereby
requested to stop the pay of such delegates until the amount they
have drawn as delesratcs of this Convention is returned to the State
treasury. ^ x

Mr. Home moved to reject the resolution.

Upon whicli the yeas and nays were demanded, and resulted
thus :

Yeas— Messrs. Armstrong of -Ja-sper, Armstrong of Lamar, Bellin-
ger, Board, Boyd, Bryant of Grayson, Buffington, Burnett, Carter,
Cole, Constant, Flanagan, W. Flanagan, Fleming, Foster, Glenn,
Goddin, Grigsby, Harris, Harn, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Keigwin, Kirk, IMackey, McWashington,
Mundiue, Munroe, Phillips of San Augustine, Phillips of Wharton,
Posey, Schuetze, Slaughter, Smith of Galveston, Stockl)ridge,
Talbot, Thomas, Varnell, Vaughan, Wilson of Brazoria, Wright
—43.

904 EECOiS^STRUCTION CONTENTION JOURNAL.

Najs — Messrs. President, Bell, Bledsoe, Bryant of Harris, Curtis-^.
Degener, Downing, Hunt, Kendal, Kuecbler. Lippard, Long, New-
comb, Patten, Smith of Marion, Watrous, Wbitmore, Williams^
Wilson of Milam, Yarborougli — 20.

So the resolution was rejected.

Mr. Caldwell oflered the following resolution :

Resolved, That Messrs. Munroe, Thomas, Varnell and Watrous^
members of this Convention, be, and thejr are hereby appointed, a
committee as provided for in a resolution of the Convention, to act
in conjunction with the President in convening this body at an earlier
day than that to which it will stand adjom-ned from the thirty-first
August, if the public interest should require it. And during the
recess the Secretary shall safely keep the journals and records of the
Convention, together with such declarations, resolutions and reports
as may be intrusted to him by the members, and shall act as secre-
tary to the committee created by the resolution.

The Secretary shall receive his per diem during the recess, and
all other officers and employes shall be discharged during the recess.

The members of the Convention shall receive no per diem during
the recess.

Mr. Hamilton of Travis moved a suspension of the rules to consi-
der the resolution.

Rules suspended.

Mr. Davis offered an amendment that other officers and employes
receive no pay duiing the recess.

Carried.

Resolution read and agreed to.

j\Ir. Flanagan offered the following amendment :

•

Provided, That the Secretary shall not receive compensation for a
gi-eater amount than has been ordered him for getting up the jour-
nals, which is tAvcnty cents per one hundred words, for said labor.

Mr. Sumner moved to lay the amendment upon the table.
Lost,

The question recurring upon tlie adoption of the amendment,

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Ai-mstrong of Jasper, Bell, Boari^,

Boyd, Burnett, Carter, Colo, Constant, Flanagan, W. Flanagan,

Glenn, Goddin, Harris, Jordan, Keigwin, Kirk, Ncwcomb, Patten,

Phillips of San Augustine, Phillips of Wharton, Slaughter, Smith

■RECONSTRUCTION CONVENTION JOURNAL. 905

of Galveston, Thomas, Wliitmore, Wilson of Brazoria, Wilson of
Milam, Yarborougb. — 28.

Najs — Messrs. Armstrong of Lamar, Bledsoe, Bryant of Gray-
son, Bryant of Harris, Caldwell, Curtis, Downing, Fleming, Foster,
Grigsby, Hamilton of Travis, Harn, Johnson of Harrison, Johnson
of Calhoun, Kealy, Kendal, Kuechler, Lindsay, Li^Dpard, Long,
Mackey, Mc Washington, Mundine, Munroe, Rogers, Schuetze,
Scott; Smith of Marion, . Stockbridge, Sumner, Varnell, Vaughan^
Watrous — 33.

So the amendment was not adopted.

Mr. Flemino; offered the following amendment :

That the first and second assistant secretaries and clerks shall
receive no pay after they have finished the legitimate business for
which they were elected by the Convention.

Mr. Johnson of Calhoun moved the previous question.

Previous question seconded.

The question recurred, "shall the main question be now put?"

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bellinger, Bledsoe,
Bryant of Grayson, Bryant of Harris, Burnett, Caldwell, Carter,
Curtis, Foster, Grigsby, Hamilton of Travis, Harn, Johnson of
Harrison, Johnson of Calhoun, Kealy, Kendal, Kuechler, Lnidsay,
Long, Mackey, McYfashington, Mundine. Phillips of Wharton,
Rogers, Ruby, Scott, Smith of Galveston, Smith of Marion, Stock-
bridge. Sumner, Vaughan, Wright — 34.

Nays — Messrs. Armstrong of Jasper, Bell, Board, Boyd, Cole,
Constant, Downing, Flanagan, W. Flanagan, Fleming, Glenn, God-
din, Harris, Hunt, Jordan, Keigwin, Kirk, Lippard, Newcomb,
Patten, Phillips of San Augustine, Slaughter, Talbot, Thomas,
Whitmore, Wilson of Brazoria, Wilson of Miiam, Yarborough — 28.

So the main question was ordered.

The question recurred upon the adoption of the declaration as
amended.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bellinger, Bled-
soe, Board, Bryant of Grayson, Bryant of Harris, Burnett, Cald-
well, Carter, Curtis, Foster, Grigsby, Hamilton of Travis, Harn,
Johnson of Harrison, Johnson of Calhoun, Kealy, Kendal, Keuchler,
Lindsay, Long, Mackey, Mc Washington, Mundine, Phillips of Whar-

906 EECONSTRUCTION CONVENTION JOURNAL.

ton, Rogers, Rubj, Scott, Smith of Galveston, Smitli of Marion,
Stockbridge, Sumner, Vaughan, Wilson of Brazoria, Wright — 36.

JMajs — Messrs. Annstrong of Jasper, Bell, Bojd, Cole, Constant,
Downing, Flanagan, W. Flanagan, Fleming, Glenn, Goddin, Harris,
Hunt," Keigwin, Kirk, Lippard, JSIewcomb, Patten, Phillips of San
Augustine. Slaughter, Talbot, Whitmore, Wilson of Milam, Yar-
borough — 24.

So tiie declaration was adopted.

Mr. Thomas moved. a suspension of the rules to take. up the report
respecting the official reporter of the Convention.

Upon which the yeas and najs were demanded, and resulted
thus :

Yeas — Messrs. President, Bledsoe, Board, Bryant of Grajson,
Bryant of Harris, Burnett, Carter, Constant, Curtis, Fleming,
Grigsby, Jordan, Eleigwin, Kendal, Keuchler, Lindsay, Lippard,
Long, Mackey, Mundine, Munroe, Rogers, Ruby, Scott. Smith of
Marion, Sumner, Talbot, Varnell, Vaughan, Whitmore, Wilson of
Brazoria, Wilson of Milam — 32.

Nays — Messrs. Armstrong of Jasper, Bell, Boyd, Caldwell, Cole,
Downing, Flanagan, W. Flanagan, Foster, Harris, Harn, Home,
Hunt, Johnson of Harrison, Johnson of Calhoun, Kealy, Kirk,
Phillips of San Augustine, Phillips of Wharton, Slaughter, Smith
of Galveston, Stockbridge, Thomas, Wright, Yarborough — 25.

So the Convention refused to suspend the rules.

Mr. Whitmore moved to suspend the rules to take up the declara-
tion defining the boundaries between Brazos and Burleson counties.

The Convention refused to suspend the rules.

Mr. Glenn, under the rules, called up the following report of the
Committee on Liternal Lnprovements for the relief of the Texas
Central Railroad Company :

City of Austin, August 26, 1868.

To the Hon. E. J. DAVIS, '

President of the Constitutional Convention :

Sir : Your committee have had before them a declaration for the
relief of the Texas Central Railroad, aiid from the testimony jjefore
your connnittee they find that this road is in better condition than
any road in the State, and that it deserves all it asks. I am in-
structed by a majority of the committee to recommend the passage
of the declaration.

J. W. FLANAGAN,
Chairman of the Committee.

RECOXSTEUCTION CONVENTION JOURNAL. 907

DECLARATION

Respecting the Central Railroad Company.

Whereas, The Houston_ and Texas Central Railway Company
has become the owner, by purchase, of the Washington County Rail-
road ; and

Whereas, The said E^ouston and Texas Raihvay Company, and
the Washington County Railway Company, were indebted, on the
first day of March, xV. D. 1868, to the State of Texas, for gums bor-
rowed from the Special School Fund, in the sum of $539,074.96,
and are further indebted for accrued interest since the first day of
March, 186S ; and

Whereas, The said Houston and Texas Central Railway Com-
pany is desu'ous to extend the Washington County Branch to the
city of Austin as soon as it can be done, and to build their main
trunk to Red river in the shortest time possible and upon the Ijest
ground, and to strike said river at such point as will enable said
company to form a connection with any railroad that may be built
southward from Kansas, or Missouri, to Red river ; and

Yv^herbas, The ability of said company to build said main trunk
and branch roads would be greatly increased by the consent of the
State to exchange the six per cent, bonds of said companies for the
seven per cent, gold bearing bonds of the said Houston and Texas
Central Railway Company ; and

Whereas, It is believed that such exchange can be made without,
in any manner, endangering the security of the School Fund ;

Therefore he it declared by the people of Texas in Convention
assembled :

That the Washington County Railroad is hereby declared to be a
branch of the Houston and Texas Central Railroad, and shall hence-
forth be known and called the Western Branch of the Houston and
Texas Central Railway, and shall be controlled and managed by the
said Houston and Texas Central Railway Company ; and the said
Houston and Texas Central Railway Company shall have the right
to extend the said western branch of their road from the town of
Brenham, in Washington county, to the city of Austin, by the most
eligilde route, as near an air-line as may ])e practicable.

908 RECONSTRUCTION CONVENTION JOURNAL.

tral Railway Company and the said Washington County Railway
Company, on the first day of July, A. D. 1868 ; and to cancel the
bonds now held by the State against said companies.

Third. The Houston and Texas Central Railway Company is
hereby authorized to build its main trunk from its present northern
terminus, by the most eligible route, to be selected by the engineer
or engineers of the company, to any point on Red river, within
thirty miles of the town of Preston, in Grayson county.

Fourth. This declaration shall take effect from and after its
passage.

INIr. Patten moved to indefinitely postpone the consideration of
the report.

JNlr. Caldwell offered the following amendment :

Amend the preamble by striking out in the third line the Avord
"were," and iuseriing in the place thereof the word "are," and, by
striking out from the tbird and fourth lines the words and figures
" 0}i the first day of March, A. D. 1868," and by further striking
out from the fourth and fifth lines, after the word " fund," in the
fourth line, the words and figures " in the sum of ^539,074 96,
and are further indebted for accrued interest since the first day of
March, 1868."

Amend in section second of the declaration, so that the same
shall read as follows :

For the principal sum due to the State by the said Houston and
Texas Central Railway Company and the said Washington County
Railwr^y Company, together with all interest that was due by said
companies on the first day of July, A. D. 1868, except such sums
of interest as said companies claim to have paid in State treasury
warrants, tlie Provisional Governor shall accept from the Houston
and Texas Central Railway Company the seven per cent., land
grant, sinking fund, first mortgaged, gold bearing bonds of said
company, and .shall, after making the exchange, cancel and deliver
to said com])any the six per cent, bonds of said Houston and Texas
Central Railroad (Jompany and of the Washington County Raihvay
Company, now held by the State, for sums borrowed by said com-
panies from the special school fund, and for the whole amount of
interest paid by said companies to the State in the treasury warrants
or bonds of the State ; tlie Governor shall receive the above described
seven per cent. l)onds of the Houston and Texas Central Raihvay
Company, from which said bonds the coupons for interest may be

RECONSTRUCTION CONVENTION JOURNAL. 909

attached before delivery by the company to the Governor, so that
interest shall not begin to run on said sum until after the expiration
of five years from the passage of this declaration ; and the exchange
of bonds and settlement herein provided for shall be made at any
time between the passage of this declaration and the first day of
December, A. D. 1868.

Mr. Degener moved the Convention adjourn until to-morrow
morning at 9 o'clock.

Upon Avhich the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Boyd, Bryant of Grayson, Bryant of Harris, Degener, Downing,
Foster, Glenn, Grigsby, Hunt, Johnson of Harrison, Kealy, Kendal,
Lippard, Loner, Mackey, McWasliington, Newcomb, Patten, Rogers,
Smith of Marion, Talbot, Thomas, Watrous, Whitmore, Williams,
Wilson of Milam— 30.

Nays — Messrs. Armstrong of Lamar, Buffington, Caldwell, Cole,
Constant, Flanagan, W. Flanagan, Fleming, Goddin, Hamilton of
Travis, Harris, Harn, Home, Johnson of Calhoun, Keigwin, Kirk,
Lindsay, Mundine, Munroe, Phillips of San Augustine, Phillips
of Wharton, Scott, Smith of Galveston, Stockbridge, Sumner,
Varnell, Vaughan, Wilson of Brazoria, Wright, Yarborough — 30.

So the Convention refused to adjourn.
Mr. Smith, of Galveston, moved the previous question.

Previous question seconded.

Mr. Degener moved a call of the House.

Call sustained.

On motion, the Converition adjourned until to-morrow morning
at 9 o'clock.

910 EECOXSTRUCTIOiq' CONVENTION JOURNAL.

CAPITOL, AUSTIN, TEXAS,
August 28, 1868.

Convention met pursuant to adjournment.

Roll called. Quorum present. Prajer bj the Chaplain.

Journal of yesterday read and adopted.

Mr. \y. Flanagan moved to take up the new section, granting
lands to actual settlers.

Motion withdrawn.

The President announced that the business in order was the report
of the Committee on Education.*

Mr. Baffington moved to postpone the consideration of the report
to 9th day of December, 1868.

Motion withdrawn.

The President announced the reception of the following communi-
cations from the commander of the Fifth Military District :

Headquarters Fifth Military District,
State of Texas,
Austin, Texas, August 28, 1868.

Hon. E. J. DAVIS,

President of Constitutional Convention,

Austin, Texas : '

Sir : I have the honor to acknowledge the receipt of a decla-
tion, which passed the Constitutional Convention on the 21st inst.,
" requesting the commanding general of the Fifth Military District
to rclin(|uish the State tax of 1867 not yet collected, and the tax for
1868 of Montgomery county," and to return the same without my
approval.

Very respectfully.

Your obedient servant,

J. J. REYNOLDS,
Brevet Major General U. S. Army,

Commanding.

For rcpoi't see page 610.

,reconbtruction convention journal. 911

Headquarters Fifth Military District,
State of Texas,
Austin, Texas, August 28, 1868.

Hon. E. J. DAVIS,

President Texas Constitutional Convention :

Austin, Texas :

Sir : I have tlie honor to acknowledge the receipt of a declara-
tion, which passed the Constitutional Convention' on the 19th inst.,
" requesting the commanding general to relinquish the ad valorem
tax of Jefferson county for the year 1868, for certain purposes," and
to return the same 'without my approval.
Very respectfully,

Your obedient servant,

J. J. REYNOLDS,
Brevet Major General U. S. Army,

Commanding.

Mr. Flanagan moved the postponement of the consideration of the
report on education until the second Monday in December.

Upon which the yeas and nays were demanded and resulted
thus :

Yens — 'Messrs. Armstrong of Jasper. Bell, Bledsoe, Board, Boyd,
BuflSngton, Carter, Cole, Flanagan, W. Flanagan, G-lenn, Grigsby,
Harris, Keigwin, Kirk, Lindsay, Lippard, Long, Phillips of San
Augustine, Vaughan, Wilson of Milam — 21.

Nays — Messrs. President, Armstrong of Lamar, Bellinger, Bryant
of Harris, Bryant of Grayson, Burnett, Caldwell, Constant, Curtis
Degener, Downing, Fleming, Foster, Goddin, Hamilton of Travis
Harn, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy
Kendal, Kuechler, McWashington, Mundine, Munroe, Newcomb
Patten, Phillips of Wharton, Posey, Rogers, Ruby, Schuetze
Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Thomas
Varnell, Watrous, Whitmore, Williams, Wilson of Brazoria,
Wright, Yarborough — 44.

So the Convention refused to postpone the consideration of the
report.

The question recurred upon the substitute offered by Mr. Lindsay
to tlie proposed new section of Mr. Schuetze to the report.

Mr. Flanagan moved to lay the substitute to the proposed section
upon the table.

912 RECONSTRUCTION CONVENTION JOURNAL.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Bryant of Grayson, Buffington, Burnett, Caldwell,
Cole, Constant, Flanagan, W. Flanagan, Fleming, Glenn, Goddin,
Grigsby, Hamilton of Travis, Harris, Harn, Johnson of Calhoun,
Keigwin, Kirk, Mundine, Munroe, Phillips of San Augustine, Phil-
lips of Wharton, Posey, Rogers, Schuetze, Stockbridge, Talbot,
Thomas, Varnell, Vaughan, Wilson of Brazoria, Wilson of Milam,
Yarborougli — 38. ■

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Harris,
Carter, Curtis, Degener, Downing, Foster, Johnson of Harrison,
Jordan, Kealy, Kendal, Kuechler, Lindsay, Lippard, Long, Mc-
Washington, Newcomb, Patten, Ruby, Smith of Galveston, Smith
of Marion, Watrous, Whitmore, Williams, Wright — 27.

So the substitute was laid upon the table.

The question recurring upon the adoption of the section as
amended —

The yeas and nays were demanded and resulted thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington,
Burnett, Caldwell, Carter, Cole, Constant, Flanigan, W.
Flanagan, Fleming, Glenn, Goddin, Grigsby, Hamilton of
Travis, Harris, Harn, Home, Johnson of Harrison, Johnson of Cal-
houn, Jordan, Kealy, Keigwin, Kirk, Lindsay, Mackey, McWash-
ington, Mundine, Munroe, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Schuetze, Smith of Galveston, Stockbridge,
Talbot, Thomas, Varnell, Vaughan, Watrous, Whitmore, Wilson of
Brazoria, Wilson of Milam, Wright Yarborough — 52.

Nays — Messrs. President, Bryant of Harris, Curtis, Degener,
Downing, Foster, Kendal, Kuechler, Long, Newcomb, Patten, Ruby,
Smith of Marion, Williams — 14.

So section — was adopted.

Mr. Hamilton, of Travis, asked that Mr. Carter be excused from
attending the Convention after to-morrow.

Excused.

Messrs. Smith, of Galveston, and W. Flanagan, were excused
from attendance after to-morrow.

Section two, on motion, was adopted.

Mr. Patten offered the following amendments :

In the fourth line strike out the words, " The Governor of the
State shall nominate, and by and with the advice and consent of two-
thirds of the Senate shall appoint, the Superintendent of Public

RECONSTRUCTION CONVENTION JOURNAL. 913

Instruction," and insert, "The Superintendent of PuMic Instruction
shall be elected by the qualified electors."

In the seventh line add the ^Yords, "or increased," after "dimin-
ished."

Mr. Caldwell moved to lay the amendment on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bellinger, Board, Bryant
of Grayson, Burnett, Caldwell, Constant, Degener, Flanagan, Flem-
ing, Grigsby, Hamilton of Travis, Harn, Home, Johnson oi Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kuechler,
•Lindsay, Mackay, Munroe, Posey, Rogers, Schuetze, Slaughter,
Smith of Galveston, Stockbridge, Talbot, Thomas, Varncll, Vaughan,
Wilson of Brazoria, Wright — 36.

Nays — Messrs. President, Armstrong of Jasper, Bell. Bledsoe,
Boyd, Bryant of Harris, Buffington, Cole, Carter, Curtis, Downing,
W. Flanagan, Foster, Glenn, Goddin, Harris, Kirk, Lippard, Long,
McWashington, Newcomb, Patten, Piiiilips of San Augustine, Phil-
lips of Wharton, Buby, Smith of Marion, Watrous, Whitmore, Wil-
liams, Wilson of Milam— 30.

So the amendment was laid on the table.

Mr. Wright moved to strike out " tliree thousand" in seventh
line.

Laid on the table.

Mr. Buffington offered the following amendment :

Strike out "8" in sixth line and insert "2;" strike out
" 3000 " in seventh line and insert " 600."

Mr. Degener moved to lay the amendment on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Bryant
of Harris, Burnett, Caldwell, Carter, Constant, Curtis, Degener,
DoAvning, Foster, Grigsby, Hamilton of Travis, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Kuechler, Lindsay,
Lippard, Mackey, McWashington, Mum-oe, Patten, Posey, Ruby,
Schuetze, Slaughter, Smith of Galveston, Smith of Marion, Talbot,
Varnell, Vaughan, Watrous, Williams, Wilson of Brazoria — 38.

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, Boyd,
Buffington, Cole, Flanagan, W. Flanagan, Fleming, Goddin, Harris,
Harn, Keigwin, Kirk, Long, Phillips of San Augustine, Rogers,
Stockbridge, Thomas, Whitmore, Wilson of Milam, Y^arborough — 23.

So the amendment was laid on the table.

Mr, Board offered the folloAving substitute to the entire report :
58

914 REcox?TarcTiox conve^ttion journal.

Resolved. That in the opinion of this Convention the report of
the Committee upon Education is extremely objectionable in many
particulars, and although drawn up by a high minded and bonoriible
coniraittee, tliey have in many instances assumed too much power, or
in other words, made the subject of the school system a higher
power than the real Legislature of the whole State. It is therefore
hereby resolved that the subject of public schools be handed over to
and left with the Legislature, giving that body control of the whole
subject of education.

The Chair decided that the substitute was not in order.

Mr. Board appealed from the decision of the Chair.

Mr. Munroe offered the following amendment to section 3 :

Add at end of section 3, " He may for just cause be removed by
the Governor, who shall give his reasons to the Senate for such re-
moval, and if a majority of said body confirm the same it shall be
permanent.

Amendment adopted. '

Mr. Davis, of Nueces, offered the following amendment :

In section 3, line 5, strike out the words "of two-thirds;" on
sixth line strike out ''eight" and insert "four."

Amendment adopted.

Mr. Lindsay moved that the vote adopting Mr. Munroe's amend-
ment be reconsidered.

LTpon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bledsoe, Bryant of Grayson, Constant,
Degeuer, Foster, Hamilton of Travis, Johnson ol Harrison, Johnson
of Calhoun, Kealy, Kendal, Lindsay, Mackey, McWashington,
Munroe, Newcorab, Patten. Phillips of Wharton, Posey, Rogers,
Ruby, Schuetze, Slaughter, Smith of Marion, Thomas, Whitmore^
Wilson of Brazoria, Yarborough — 28.

Nays — Messrs. Armstrong of Jasper, Board, Boyd, Burnett,
Caldwell, Carter, Cole, Curtis, Downing, Flanagan, W. Flanagan,
Fleming, Haiais, Harn, Jordan, Kcigwin, Keuchler, Mackey, Phil-
lips of S;in Augustine, Smith of Galveston, Stockbridgc, Talbot,
Yarnell, Vaughan, Watrous, • Williams, Wilson of Milam, Wright
—28.

So the motion to reconsider was lost.

Mr. Degener moved to amend by making the word "capitol/' in
the eighth line, " capital."

Amendment adopted.

M)-. Thomas moved to strike out, in seventh line, " three thous-
and" arid insert " fifteen hundred,"

RECONSTRUCTION CONVENTION JOURNAL. 915

Mr. Ilimilton moved to laj the amendment on the table.

Mr. Degener moved the previous question.

Previous question seconded.

Tlie question recurred, " Shall the main question be now put?'"

Upon which the jeas and najs were demanded, and resulted
thus :

Yeas— Messrs. President, Bellinger, Brjant of Grayson, Burnett,.
Caldwell, Carter, Constant, Degener, Downing, Flanagan, Foster,
Grigsby, Hamilton of Travis, ilarn, Johnson of Harrison, Jolnison
of Calhoan, Jordan, Kealy, Kendal, Kuechler, Lindsay, Lrppard,.
Long, Mackey, Mc Washington, Munroe, Ne^vcomb, Patten, Phillips
of Wharton, Posey, Rogers, Ruby, Schuetze, Slaughter, Smith of
Galveston, Smith of Marion, Stockbridge, Talbot, Thomas, Varnell,
Watrous, Whitmore, Williams, Vfilson of Brazoria, Wright — 45.

Nays — Messrs. Armstrong of Jasper, Bell, Bledsoe, Board, Boyd,.
Bryant of Harris^ Buffington, Cole, Curtis, W. Flanagan, Fleming,
Goddin, Harris, Keigwin, Phillips of San Augustine, Wilson of
Milam— 16.

So the main question was ordered.
> The question recurring upon the adoption of section three as
amended, the yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Burnett,
Caldwell, Carter, Constant, Downing, Foster, Grigsby, Hamilton^ of"
Travis, Harn, Johnson of Harrison, Johnson of Calhoun, Jordan,.
Kealy, Kendal, Kuechler, Lindsay, Lippard, Long, Mackey, Mc-
Washington, Mundine, Munroe, Phillips of Wharton, Posey, Rogers^
Ruby, Schuetze, Scott, Slaughter, Smith of Galveston, Smith of
Marion, Stockbridge, Talbot, Thomas, Varnell, Vaughan, Watrous,
Williams, Wilson of Brazoria — 42.

Nays — Messrs. Armstrong of Jasper, Armstrong of La-mar, BelL,,
Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Cole, Curtis.,
Flanagan, W. Flanagan, Fleming, Goddin, Harris, Keigwin, Kirk,.
Newcomb, Patten, Phillips of San Augustine, Whitiaore,. Wilson, of
Milam, Wright, Yarborough — 24.

So section three as amended was adopted.

Mr. Buffington offered the following amendu^at to section; fivo' oT
the report :

In first line strike out "four" and insert "two." Inifourtfiu
line strike out "two" and insert "one."

Mr. Caldwell moved the previous question, on tiie. adoption, of aec-
tion five.

Previous question seconded.

Mr. Bell moved a call of the House..

Call not sustained.

916 RECONSTRUCTION CONYENTIOX JOURNAL.

The question recurred, " Shall the main question he now put?"

Upon motion, the yeas and najs were demanded, and resulted
thus :

Yeas — Messrs. President, Bellinger, Bryant of Grayson, Burnett,
Caldwell, Carter, Constant, Downing, Flanagan, Foster, Goddin^
Grigs])y, Hamilton of Travis, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Kendal, Kuechler, Lindsay, Lippard, Long,
Mackey, McYv^ashington, JNiunroe, Phillips of San Augustine, Phil-
lips of Wharton. Posey, Rogers, Ruby, Schuetze, Scott, Slaughter,
Smith of Galveston, Smith oi Marion, Stockl3ridge, Talbot, Thomas,
Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson of Bra-
zoria, Wright — 45.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd, Bryant of Harris, Buffington, Cole, Curtis,
W. Flanagan, Fleming, Harris, Harn, Home, Keigwin, Kn-k,
Mundine, vA^ilson of Milam — 19.

So the main question was ordered.

Section four, on motion, was adopted.

Section five, on motion, was adopted.

Mr. Hamilton, of Travis, offered the following amendment :

In section six, line four, strike out the words "a two-thirds vote
of"

Mr. Munroe offered the following amendment to section six :

The Board of Education shall exercise all ministerial and other
necessary powers in reference to the free schools of the State, in ac-
cordance with law, and its acts vfhen approved by the Governor,
shall have the force and effect of law, unless decided otherwise by a
vote of the Legislature of the State.

Mr. Bryant, of Grayson, moved to lay the substitute on the
table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Bryant of Grayson, Caldwell, Constant
Degencr, Downing, Foster, Goddin, Grigsby, Hamilton of Travis
Harn, Ilorne, Johnson of Harrison, Johnson of Calhoun, Jordan
Kealy, Kuechler, Lindsay, Mackey, McWashington, Newcomb
Phillips of Wliarton, Posey, Rogers, Ruby, Schuetze, Slaughter
Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Thomas
Vaughan, Watrous, Whitmore. Wilson of Brazoria, Wright — 37.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell.

RECOlSrSTRUCTION CONYEXTIOX JOURNAL. ' 917

Bledsoe, Board, Bojd, Bryant oF Harris, Buffington, Burnett, Car-
ter, Cole, Curtis, Flanagan, W. Flanagan, Fleming, Harris, Kcig-
win, Kendal, Kirk, Lipparcl, Long, Munroe, Phillips of San Augus-
tine, Scott, 'Williams, Wilson of Milam. Yarljorough — 27.

So the substitute was laid upon the table.

The question recurred upon the adoption of the amendment
offered bj Mr. Hamilton, of Travis.

The amendment was adopted.

Mr. Flanagan m.oved to strike out section six.

Mr. Schuetze moved the previous question.

Previous question seconded.

Tiie question recurred, " shall the main question be now put?"

Upon that motion, the yeas and najs w'ere demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bryant of Gray-
son, Burnett, Caldwell, Constant, Deg^ener, Dovi-ning, Foster,
Ooddin, Grigsby, Hamilton of Travis, Harn, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Kendal, Keuchler, Lindsay,
Mackey, Newcomb, Phillips < of Wharton, Posey, Eogers. Ruby,
Schuetze, Scott, Smith of Galveston,- Smith of Marion, Stockbridge,
Tall) jt, Yarnell, Yaughan, Watrous, Williams, Wilson of Brazoria
— 37.

Nays — Messrs. Aruistrong of Jasper, Bell, Bledsoe, Board, Boyd,
Bryant of Harris. Buffington, Carter, Curtis, Fla,nagan, W. Flana-
gan, Fleming, Harris, Home, Keigwin, Kirk, Lippard, Long,
McWashington, Mundine, Munroe, Phillips of San xVugustine,
Slaughter, Thomas, Whitmore, Wilson of Milam, Wright, Yar-
borough — 28.

So the main question was ordered.

The question recurred upon the adoption of the section.

It was adopted.

Mr. Thomas moved to strike out from the proviso, commencing in
section five, and the two following lines.

jNIr. Caldwell moved the previous question.

Previous question seconded.

The question recurred, " shall the main question be now put ?"

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bellinger, Board, Bryant
of Harris, Buffington, Caldwell, Carter, Constant, Curtis, Degener,
Downing, Foster, Grigsby, Harn, Johnson of Calhoun, Jordan,
Kealy, Kendal, Kuechier, Lindsay, Lippard, Mackey, McWashing-
ton, Munroe, Newcomb, Pliillips of San Augustine, Phillips of
Wharton, Rogers, Ruby, Schuetze, Scott, Slaughter, Smith of Gal-

918 HECONSTRUCTION CONVENTIOjST JOUKNAL. '

veston, Smith of Marion, Stockbridge, Talbot, Varnell, Watrous,
Whitraore, Williams, Wilson of Brazoria, Wilson of Milam, Wright,
Yarborough — 44.

Najs — Messrs. President, Armstrong of Jasper, Bell, Bledsoe,
Boyd, Bryant of Grajson, Burnett, Flanagan, W. Flanagan,
Fleming, Harris, Home. Keigwin, Kirk, Mundine, Posey, Thomas
—17.

So the main question was ordered.

The question recurred upon the adoption of section seven.

It was adopted.

Mr. Burnett offered the following amendment to section eight :

In line second, between words " State " and " of," insert '• or in
private schools ;" line second, substitute ''at'' for "on."

The question recurring upon the adoption of the amendment, the
yeas and nays were demanded and resulted thus :

Yeas — Messrs. President, Bellinger, Board, Bryant of Grayson,
Burnett, Caldwell, Constant, Downing, Flanagan, Fleming, Foster,
Goddin, Harn, Johnson of Calhoun, Jordan, Fiealy, Keigwin, Ken-
dal, Lindsay, Lippard, Long, Mackey, Mundine, Munroe, Phillips of
San Augustine, Phillips of Wharton, Posey, Eogers, Ruby,
Schuetze. Scott, Slaughter, Smith of Galveston, Smith of Marion,
Stockbridge, Talbot, Thomas, Varuell, Watrous, Whitmore, Wil-
liams, Wilson of Brazoria, Wilson of Milam, Wright — 43.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Boyd, Bryant of Harris, Buffington, Carter, Cole. Degener, Flana-
gan W., Grigsby, H;irris, Home, Kuechlcr, Kirk, Long — 16.

So the araeuduient was adopted.

]Mr. Bryant, of Grayson, moved to strike out section eight.

On motion, the Convention adjourned until four o'clock this after-
noon.

AFTERNOON SESSION — FOUR 0 CLOCK.

Convention mot pursuant to adjournment.
Roll called. Quorum present.

Mr. Schuetze, from the special committee appointed to visit the
asylums of the State, made the following report :

reconstruction convention journal. 919

Committee Room,
Austin, Texas, August 27, 1868.
Hon. E. J. DAVIS,

President of the Convention : *

SfR : The special committee appointed to visit the deaf mute and
the blind asjiums, and to inquire int^ the proprietj of admitting
into both, or either of those institutions, such numbei* of indigent
orphan children as might be received therein for support and edu-
cation, respectfallj report- that thej have performed that dutj. That
after a thorough conference Avith the superintendents of both of
these asjlums, and after a careful examination of the premises, your
committee are of opinion that the buildings now occupied by the
scholars and teachers of these- institutions are barely sufficient to ac-
commodate them, and that the additions which would be required for
the reception of orphan children would ultimately cost as much as a
suitable building for that express puipose. W^hile vre deem it
proper to express our gratification at the exvellent manner in which
these institutions are conducted, we regard it our duty liere to ex-
press our deep regret that the indigent orphan children of the
State are deprived of the fostei'ing care of the community due to the
fiitherless and motherless. While we regard it the duty of the
State to. provide for the unfortunate children who are blind or deaf
and duml), but who may still enjoy the embrace of lovi-ng and
sympathizing parents, we consider it also the sacred duty of the
government to adopt the fatherless and motherless, who, although
they may enjoy the faculty of speech or sight, are deprived of the
blessings and tender caresses of a father or mother, and we deem it
proper to say that in casas where the parent was murdered by law-
less bands on account of devotion to his country,' it is the least the
State can do to support and educate the orphan child who has been
robbed of the fatlier, in whose untimely death the State shares a
considerable amount of responsibility, through the want of will or
power to protect the citizen in doing what his conscience and the
laws of liis country bid him to do.

\iQ, therefore, in cons^leration of the sufferings of the large
numbers of indigent orphans in the State of Texas, ask the passage
of the declaration hereunto annexed.

Very respectfully.

JL'LIL'S^SCHUETZE,

Chairman.

Be it decka-ed bi/ the people of Texas in Convention as-^eni-
bleci. That it shall be the duty of the Legislature to provide for an

920 RECONSTRUCTION CONVENTION JOURNAL.

orphan asylum for the reception of indigent and orphan children^
under such rules and regulations as may be prescribed by law.

Mr. Hunt offered the following declaration :

Whereas, The Columbus, San Antonio and Rio Grande Railroad
Company now hold a charter which may become of no force or effect
by a failure of the Legislature of the State to hold a session in the
year 1868 ; therefore

Section 1. Be it declared, That the rights and privileges hereto-
fore granted to the Columbus, San Antonio and Rio Grande Rail-
road Company be extended until ninety days after the meeting of
the first lawful Legislature of the Stat^ of Texas.

Sec. 2. Be it further declared, That the charter of the Colum-
bus, San Antonio and Rio Grande Railroad Company be so amended
as to grant the privilege to said railroad company to commence the
building of said railroad at the io\n\ of Gonzales, or some practicable
point on the contemplated line of the Indianola and Austin Rail-
road, running west, instead of at Columbus, its present point of
beginning.

I\Ir. Hunt moved a suspension of the rules for the consideration
of the declaration.

Rules suspended.

Mr. Flanacran offered the follovnno; amendment :

Amend by including the East Texas Railroad Compan3^

Amendment withdrawn.

The (juesLion recurring upon tlie adoption of the declaration, tlie
yeas and nays were demanded and resulted thus :

Yeas — Messrs. Bell, Boyd, Buffington, Caldwell, Carter, Cole,
Constant, Curtis, Deo;ener, Downing;. Flanagan, W. Flanagan,
Foster, Goddin, Grigsby, Harn, Hunt, Kealy, Kendal, Keuchler,
Long, McWashington, Mundine, Munroe, Newcomb, Patten, Phillips
of San Augustim.', Phillips of Wharton, Posey, Rogers, Schuetze.
SUiughter, Smith of Galveston, Smith of I\larion, Stockbridge,
Vau^han, Watrous, Williams, Wilson of Brazoria, Wilson of Milam,
Wright— 41.

Nays — Messrs. President, Bledsoe, Burnett, Johnson of Calhoun,
Lindsay, Thomas, 'Vaughan, Whitmorc — 8.

So the declaration" was adopted.

Mr. Degencr moved a suspension of the rules, to put declaration
on its passage.

Rules suspended.

E.ECOKSTRUCTION CONVENTION JOURNAL. C21

The question recurring upon tlic adoption of the declaration, the
jcas and nays were demanded and resulted thus ;

Yeas — Messrs. Armsti'ong of Lamar, Bell, Bellinger, Bledsoe,
Board, Buffirigton, Caldwell, Carter, Cole, Constant, Curtis,
Degener, Downing, Flnnngan, W. Flanagan, Fleming, Foster,
Goddiii, Grigslij, Hamilton of Travis, Hairi^, Harn, Home, Hunt,
Johnson of Harrison, Jordan, Kealy, Kendal, Kuechler, Kirk,
Long, McWashington, Mundine. Munroe, Kewcomb, Patien, Phillips
of San Augustine, Phillips of Whartrn, Posey, Rogers, Ruby,
Schuetze, Slaughter, Smith of Galveston, Smith of Marion, Stock-
bridge, Talbot. Vaughan, Watrous, Williams, Wilson of Brazoria,
Wilson of Milam, Wright, Yarborough — 54.

l^ays — Messrs. President. Armstrong of Jasper, Bryant of Harris,
Burnett, Glenn, Johnson of Calhoun, Keigwin, Thomas, Yarnell,
Whitmore — 10.

So the declaration was adopted.

IMr. Lon^i; introduced the followino; declaration :

Be if declared hij the -people of Texas in Convention assem-
bled, That all attempts to justify the rebellion av.d war against the
United States, made in Texas since August 5, 1865, by the courts
of the provisional government, by deciding that the statutes of
liqiitation have been running since said date and prior to the accept-
ance of this Constitution by Congress.

That a payment toa " rebel receiver" operated an extinguishment
of the debt that the "so-cnlled Confederate States of America and
the pretended States thereof" were de facto governments, that
promissory notes given for Confederate paper, and obligations to pay
money for slaves, made after President Lincoln's proclamation of
emancipation stated tliat it took effect, were null and void fro,m the
beginning, and shall so remain ; provided, nevertheless, that this
.declaration shall not be construed to validate or invalidate by
em.ancipation any of the a,cts of the other decisions.

YiY Burnett moved to reject the declaration.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstro.ng of Lamar,
Bledsoe, Board, Boyd, Bryant of Grayson, Buffingtoli. Burnett,
Caldwell, Carter, Cole, Constant, Curtis, Fla4iagan, W. Flanagan,
Grigsby, Hamilton of Travis, Harris, Harn, Home, Johnson of
Calhoun, Jordan, Kealy, Keigwin, Kirk, Lindsay, Mc'^Vashington,
Munroe, Phillips of San Augustine, Philli^)s of Wharton, Posey,

922 RECONSTRUCTION CONVENTION JOURNAL.

Rogers, Scliuetze, Scott, Slaugliter, Stockbiidgc, Varnell, Vaughan,
^Vatrous, Wilson of Brazovia — 40.

.Najs — Messrs. President, Bell, Bryant of Harris, Dcgener,
Downing, Foster, Goddin, Hunt, Johnson of Harrison, Kendal,
Kucchler, Long, Newcomb, Patten, Rubj, Smith of Galveston,
Smith of Marion, Talbot, Thomas, VVbitinore, Yv'illiams, Wilson of
Milam— 22.

So the declai'ation "was rejected.

Mr. Schuetze offered the following declaration, and asked its
reference to the Committee on Finance :

Whereas, The county of Bastrop is indebted to the amount
exceeding five thousand dollars, which debt was chiefly incurred by
the safe keeping and boarding of prisoners delivered to the county
jail of Bastrop county, from other counties of the State ; and

Whereas, The resources of Bastrop county are not sufficient to
discharge said debt, besides defraying the current expenses of said
county ; therefore

Be it declared by the people of Texas in Convention assem-
bled, That the State taxes assessed for the year 186S. by the assessor
and collector of Bastrop county l)e and are hereby set aside for the
purpose of paying the drafts legally issued by the county court of
Bastrop county, since the first day of August, 18G5.

It was so referred.

Mr. Carter moved a suspension of rules to take up the declaration
disposing of the lands of tlie Siempliis and El Paso railroad to actual
settlers.

Tiie Convention refused to suspend the rules.

Mr. Degcner rose to a question of privilege, to refute the asser-
tion made by a member of the Convention, that Mr. Morgan C.
Hamilton had drawn his pay :is Comptroller of the State and as a
member of tJic Convention. ,

Mr. Go.ldin called up the declaration respecting the Houston and
Texas Central Ftailroad Company.

2\lr. Caldvrell, by le;ive of the Convention, withdrew the declara-
tion, with amendmeiit proposed thereto.

Mr. Talbot offered the foUow-ing declaration :

DECLARATION

Respecting tlie Central Railroad Company.
Whereas, The Houston and Texas Central Raihvay Company

RECONSTRUCTION CONVENTION JOURNAL. 923

has become the owner, by purchase, of tlie Washington County Rail-
road ; and

Whereas, The said Houston and Texas Railway Company, and
the Washington County Railway Company are inde')ted to the State
of Texas, for sums borrowed from the Sj)ecial School Fund ; and

Whereas, The said Houston and Texas Central Railway Com-
pany IS desirous to extend the Washington County Branch to the
city of Austin as soon as it can be done, and to build their main
trunk to Red river in the shortest time possible and upon the best
ground, and to strike said river at such point as will enable said
company to form a connection with any railroad that may be built
southward from Kansas, or Missouri, to Red river; and

Whereas, The ability of said company to build said main trunk
and branch roads would be greatly increased by the consent of the
State to exchange the six per cent, bonds of said companies now
held by the State for the seven per cent, gold bearing bonds of said
Houston and Texas Central Railway Company, issued by virtue of
a deed of trust executed by said company on the first day of July,
A. D. 1866, in which deed of trust Shepherd Knapp and David S.
Dodge, of the city of New l^ork, are named (and have accepted) as
trustees ; and

Whereas, It is believed that such exchange can be made without,
in any manner, endangering the security of the School Fund ;

Therefore be it declared by the people of Texas In Convention
assembled :

That the Washington County Railroad is hereby made and declared
to be a branch of the Houston and Texas Central Railroad, and shall
henceforth be known and called the Western Branch of the Houston
and Texas Central Railway, and shall be controlled and managed by
the .said Houston and Texas Central Railway Company ; and the
Houston and Texas Central Railway Company shall have the right
to extend the said western branch of their road from the town of
Brenham, in Washington county, to the city of Austin, in Travis
county, by the most eligible route, as near an air-line as may be
practicable.

Sec. 2. For the whole amount of principal and interest due to the
State by the said Houston and Texas Central Railway Company and
the Washington County Railway Compimy, on the first day of July,
A. D. 1868, including the sums paid by each of said companies in
the treasury warrants or bonds of the State, the Provisional Gov-
ernor shall accept, from the Houston and Texas Central Raihvay
Company, the seven per cent, land grant, sinking fund, first mort-

924 KECONSTRUCTIOX CONVENTION JOURNAL.

gage, gold-bearing bonds of said company, wliich said bonds are issued
or to be issued by virtue of a deed of trust executed by said com-
pany on the first day of July, A. D. 1866. in which deed of trust
Shepherd Knapp and David S. Dodge, of the city of New York, are
trustees: and the Governor shall, after making the exchange, cancel
and deliver to said company the six per cent, bonds of the Houston
and Texas Central E-ailway Company, and of the \Vashington
County R:'ilway Company, now held by the State, for sums bor-
rowed from the special school fund ; and the exchange of bonds and
settlement herein provided for shall be made at any time between
the passage of this declaration and the first day of December, A. D.
1868 ; provided^ that the said Houston and Texas Central Railway
Company shall never issue an amount of the said seven per cent,
bonds ab>ove desci;ibed to exceed twenty thousand dollars to the mile
of completed road, including such bonds as have been already issued ;
nor shall said company ever issue any other bond that shall rank as
a first mortgage bond on their road, without first paying the whole
amount of the indebtedness of the company to the State.

Sec. 3. The Houston and Texas Central Railv,^ay Company is
hereby authorized, any former laws to the contrary notwithstanding,
to build its main trunk from the present northern terminus, by the
m-ost eligible route, to be selected by the engineer or engineers of
the company, to any point on Red river, within thirty miles of
the town of Preston, in Grayson county.

Fourth. This declaration shall take effect from and after its
passage.

Mr. Patten moved to postpone the consideration of the declaration
until tlie tenth of December next.
Withdrawn.

[Mr. Varncli in the chair,]

Mr. Davis moved that the declaration be printed and made the
special order for to-morrow morning, at half-past eleven o'clock.

Carried.

Mr. Smith of Galvf^ston moved a suspension of the rules to take
up the following resolution :

"Whereas, Max Mobins, tlie enrolling clerk, is now absent, and
will not i-cturn in time to perform his duties, and as such a clci'k is
now necessary ; th.erefore,

Resolved, That Mr. Thos. H. Waldron be, and he is hereby,

RECONSTRUCTION CONVENTION JOURNAL. 925

appointed temporarily to act for ]\Ir. ]\iobins during his absence, and
that he receive the per diem paj for said services.

Rules suspended.

Resolution adopted.

Mr. Smith of Galveston moved a further suspension of the rules
to put resolution on its final passage.

Rules suspended and resolution adopted.

Mr. Grigsby moved to take up the report of the Committee on
Political Disabilities.*

Mr. Slaughter moved to postpone the consideration of the report
until the tenth of next December.

Lipon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of ejasper, Board, Boyd, Bryant of
Harris, Carter, Curtis, Downing, ^V. Flanagan, Harris, Keigwin,
Kendal, Long, Patten, Jinhy, Slaughter, Smith of Marion, Talbot,
Thomas, Whitmore, Williams, Wilson of Milam — 21.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Bryant of Grayson, Buffington, Caldwell, Constant,
Degener, Fleming, Flanagan, Foster, Goddin, Grigsby, Hamilton
of Tiavis, Harn, Home, Hunt, Johnson of Harrison, Johnson of
Calhoun, Jordan, Kealy, Kuechler, Lindsay, McWashington, l\iim-
dine, Munroe, Newcomb, Phillips of San Augustine, Phillips of
Wharton, Posey, Rogers, Schuetze, Scott, Smith of Galveston,
Stockbridge, Varnell, V^'aughan, Watrcus, Wright — 41.
, So the Convention refused to postpone.

Mr. Armstrong of Lamar asked leave of absence for Messrs. Flan-
agan and Boyd, after to-morrow morning's session.

Mr. Smith of Galveston moved to act upon each page of the report
separately.

Carried.

Mr. Newcomb moved to amend the Bexar county list as follows :

Strike out the Erst three names and inserting Wm. J. Locke.

The question recurred upon the adoption of the amendment.

It was lost.

I\Ir. Schuetze moved to amend by adding the names of James B.
Cope and Frank Nash.

Carried.

Mr. Phillips of Wharton moved to amend by adding the names of
Eugene Wilson and Thomas T. Copes to the list of Brazoria county.

Mr. Bell offered the following amendment :

•For report Bee page 513.

926 RECONSTRUCTION CONVENTION JOURNAL.

Add Samuel ITarferd. John T. Edwards, and John Krancher to
the Austin county list.

Mr. Hamilton of Travis moved to act upon the report as a whole.

Carried.

Mr. Armstrong of Lamar offered the following amendment :

Add Henry Moore and F. Miles to the Lamar county list.

Mr. Hamilton of Travis offered the following amendment :

Add A. G. Campbell and 0. H. Millican.

Mr. Foster moved to act upon the report by counties.

Carried.

Mr. Tall)Ot offered the following amendment :

Add Alfred Evans, of Bell county.

Mr. Varnell offijred the following amendment for Calhoun county :

Add A. F. Vanderberg, Lawrie D. Heatou, and James Ash-
worth.

Mr. Davis of Nueces offered the following amendment for Cameron
county :

Add Frank E. Macmanus and Joseph Hopkins.

Mr. Davis, by request, offered the name of Stephen Powers, Jr.,
of Cameron county, be added to the list.

Mr. Hamilton of Travis moved to add his name to the report.

Motion withdrawn.

Mr. Caldwell offered the following to be added to Cass county
list :

Thos. J. White.

Mr. Hamilton of Travis moved that the Convention take a recess
until eio-ht o'clock this evening;.

EVENING SESSION — EIGHT 0 CLOCK,

Roll called. Quorum present.

The (piestion recuri'ed ui)on the amendment of Mr. Whitmore to
the recommendation from Cherokee county.

Mr. Patten moved to lay the report upon the table.

Upon which the yeas and nays were demanded and resulted thus :

Nays — Messrs. Bryant of Harris, Lippard, Patten, Bogers,
Smith of Marion, Talbot— 6.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board, Bryant of Grayson, Buffington, Burnett, Caldwell,
Carter, Constant, l)e";cner, Flanag;an, W. Fianafijan, Fleminn;, Foster.
Goddin, Grigsby, Hamilton of Travis, Harris, Harn, Home, Johnson
of Calhoun, Jordan, Kealy, Kcigwin, Kendal, Keuchler, Kirk, Mc-

RECONSTRUCTION CONVENTION JOURNAL. 92T

Washington, I\Iunroe, Newcomb, Phillips of San Augustine, Phil-
lips of Wliarton, Scott, Smith, of Galveston, Stockbridge, Thomas,
Varnell, Vaughan, V\^vight— 42.

So the Convention reiusecl to laj on the table.

Mr. Bryant, of Grajson, asked that Mr. Sumnsr be excused in-
defiuitelj.

Excused.

The question recurred upon the amendment of Mr. Whitmore.

Tiie names were stricken out. ' ,

Mr. Thomas offered the following amendment to the Collin county
list:

Collin county — D. M. Hocker, A. T. Robertson, Stanley Cooper,
J. 0. Strauo-han, Josiah Nichols.

Mr. Foster movel to strike out the names of Geo. McCormick, G.
Walker and John Cjllier.

Carried.

Mr. Bledsoe moved to strike out G. W. Guess and A. Cochran.
, Carried.

Mr. Kealy offered the following additional names to the Denton
county list :

Joseph Minor, Thomas M. Smith, John Lovejoy, Jr., James M.
Herod, Hugh McKinsey.

Mr. Patten moved to strike out A. G. Perry from Falk county.

Agreed to.

Mr. Constant moved to add the name of Thomas Blane to the
Fannin county list.

Carried.

Mr. Smith, of Galveston, moved to add the name of A. L. Kirk,
of Erath county.

Carried.

Mr. Lindsay offered the following amendment to the Fayette
county list :

Add the names of Nat. C. Joiner, John L. Smith and Wm. M.
Davidson.

Agreed to.

Mr. Schuetze moved to insert the following name from Bastx'op
county :

George W. Jones.

Mr. Bell moved to reject Mr. Jones.

Carried,

Mr. Smith, of Galveston, moved to insei't the following names
from Galveston county :

Messrs. Tipton Walker, J. S. Sydnor, T. H. McMahon, E. S.

928 REODHoTKtJOTION CDNVENTIOX JOUivNAL.

Wood, Jolin Westerlage. Frank Durcks, E. A. Burke, J. L. Dur-
rach.

Mr. Patten offered the following resolution :

Resolved, That this Convention do recommend to the Congress of
the United States to relieve all men in this State of their political
disabilities ; provided thej ask the same of this Convention.

Ruled out of order.

Mr. Home offered the following substitute to the report :

Resolved, That the Congress of the United States is, by the
Convention of the people of Texas assembled, most earnestly re-
quested to remove all political disabilities from every male citizen
of the State of Texas, over twenty-one years of age.

Ruled out of order.

The question recurred upon the motion of Mr. Smith, of Gal-
veston :

The motion prevailed.

Mr. Newcomb offered the following amendment to the Gillespie
county list :

Amend by adding the name of Dan. Wehmeyer.

Mr. Bryant, of Grayson, offered the following amendment to the
Grayson county list :

Messrs. C. C. Binkley, Joshua West, T. E. Montgomery, J. P.
Dumas.

Mr. Montgomery, on motion, was stricken out.

Mr. Hamilton, of Travis, moved a reconsideration of the vote
striking out Mr. Montgomery's name.

Carried and name agreed to.

Mr. Harn moved to add the following names to the Grimes county
list:

Messrs. J. T. McNair, R. H. Martin, Drayton Teague, James
Tcague.

Mr. Vaughan moved to add the following name to the Guada-
lupe county list •

Add J. L. Lowell.

Mr. Bryant, of Harris, moved to add the following names to the
Harris county list :

Messrs. J. H. Manly, R. 0. Love, T. W. House, W. J. Hutch-
ins, Francis D. Allan. A. S. Richardson, H. E. Perkins, F. W.
Smith, Peter W. Gray, and to strike out the name of A. J. Burke,
Junior.

RECONSTRUCTION CONVENTION JOrRNAL. 929

IMr. Bellinger mov^d to amend Gonzales comity list by substitut-
ing the name J. W. Sterbing in place of Sterling.
IMr. Yarborough ofierod tlie following resolution :

Resolved. That this Convention ask the Cono-ress of the United
States to remove the disabilities of such men, as \yill be of use as
officers to carry on the civil government for the time being, and no
more. ,

On motion, the Convention adjourned until to-morrow morning at
nine o' clock.

-CAPITOL, AUSTIN, TEXAS,

August 29, 1868.

'Convention met pursuant to adjournment.

JEloll called. Quorum present. Prayer by the Chaplain. Journal
of yesterday read and adopted. -

Mr. Carter asked that Mr. Kirk be excused on account of
sickness.

Excused.

Mr. Goddin was excused from paying fine on account of absence
without leave.

Mr. Armstrong, of Lamar, moved a suspension of the rules to tak:e
up the declaration respecting granting the lands reserved • by the
Memphis and El Paso railroad company to actual settlers.

Mr. Armstrong, of Lamar, by consent, withdrew the motion.

Mr. Carter renewed tj.ie motion.

Rules suspended.

Mr. Degener moved to strike out the words, '^*and location of
genuine land certificates."

Mr. Phillips, of San Augustine, moved to lay the amendment ^n
the table.

Lost.

Mr. Degener, by consent, withdrew his amendment.

Mr. Armstrong, of Lamar, offered the following substitute :

That all persons being heads of families, or twenty-one years of
age, who have settled upon and improved, or who may hereafter
-settle upon and improve, a portion of the public domain, which has
.5i9

930 EECONSTRCCTION CONVENTION JOURNAL,

never been filed upon, located or surveyed, by virtue of some genuine,
legal and valid certificate, or other evidence of title to land, previous
to such settlement ^and improvement, shall have the privilege of
locating and appropriating a tract of such vacant land, not to exceed
one hundred and sixty acres, so as to include said settlement or
improvement, in preference to all other claims or claimants, and all
files, entries, locations oi surveys made so as to interfere with the
prefprence granted by this act shall be null and void.

Mr. Flana'^iian moved the previous question.

Previous question seconded.

The question recurred "Shall the main question be now put?^'

The main question vfas oidered.

The question recurred upon the passage of the declaration.

It was read third time and passed.

The President announced that the business in order was the report
of the Committee on Education,* and upon the motion of Mr. Bryant,
of Grayson, to strike out section eight of the report.

The Convention refused to strike out.

Mr. Thomas offered the following amendment :

iVmend by striking out, after the word "year," in the sixth line^
to and including the word "schools," in the seventh line.

Mr. Schuetze moved the previous question.

Previous question seconded.

The question recurred, "'Shall the main question be now put?"

Upon which the yeas and nays were demanded, and resulted!
thus :

Yeas — Messrs. President, Caldwell, Carter, Constant, Foster,
Hamilton of Travis, Johnson of Calhoun, Jordan, Kealy, Kendal,
Kenchler, Lindsay, McWashington, Newcomjj, Phillips of Wharton,
Ruby, Schuetze, Smith of Galveston, Smith of Marion, Stockbridge^
Talbot, Watrous, Williams, Wilson of Brazoria, Wilson of Milam,
Wright, Yarborough — 27.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Board, Boyd, Bryant of Grayson, Bryant of Harris, Bufiington,
Cole, Curtis, Downing, Evans of Titus, Fayle, Flanagan, Fleming,
Goddin, Harris, Harn, Kcigwin, Lippard, Mundine, Phillips of San
Augustine, Posey, Slaughter, Thomas, Varnell, Whitmore — 27.

So the main question was not ordered.

*For report see page 610,

RECONSTRUCTION CONVENTION JOURNAL. 931

The question then recurred upon the amendment ofFei'ed by Mr.
Thomas, which was adopted.

Mr. Schuetze offered the following amendment :

In line fifteen, instead of "upon the public free schools," insert
" upon public or private schools."

Mr. Smith, of Marion, moved to lay the amendment on the table.

Upon which the yeas and nays were demanded, and rjesulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Bledsoe, Board. Bryant of Grayson, Bryant of Harris, Buffington,
Butler, Caldwell, Carter, Cole, Constant, Curtis, Degener, Downing,
Evans of Titus, Flanagan, Fleming, Foster, Hamilton of Travis,
Ham, Johnson of Calhoun, Johnson of Harrison, Jordan, Kealy,
Kendal, Lindsay, Lippard, McWashington, Newcomb, Patten, Phil-
lips of San Augustine, Phillips of Wharton, Ruby, Scott,
Slaughter, Smith of Galveston, Smith of Marion, Stockbridge,
Talbot, Thomas, Varnell, Watrous, Williams, Wilson of Brazoria,
Wright— 48.

Nays — Messrs. Armstrong of Jasper, Boyd, Burnett, W. Flana-
gan, Goddin, Harris, Kuechler, Mundine, Posey, Schuetze, Whit-
more, Wilson of Milam — 12.

So the amendment was laid on the table.

Mr. Phillips, of San Augustine, offered the following amendment :

Provided, that the Board of Education shall have no authority
over the education of the children of this State, unless they have a
school fund sufficient to educate the children as contemplated by this
and the preceding and following sections of this report.

The amendment was laid on the table.

The question recurrmg upon the adoption of section eight as
amended —

The yeas and nays were demanded, and resulted thus :

Yeas — Messrs. President, Bellinger, Bryant of Harris, Butler,
Caldwell, Carter. Constant, Curtis, Degener, Downing, Foster,
Hamilton of Travis, Harn, Home, Johnson of Harrison, Johnson
of Calhoun, Jordan, Kealy, Kuecliler, Lindsay, McWashington,
Newcomb, Ruby, Schuetze, Slaughter, Smith of Galveston, Smith
of Marion, Stockbridge, Talbot, Thomas, Varnell, Watrous, Whit-
more, Williams, Wilson of Brazoria, Wilson of Milam, Wright- -37.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bledsoe, Board, Boyd. Bryant of Grayson, Buffington, Cole, Evans

932 RECONSTRUCTION CONVENTION JOURNAL.

of Titus, Flanagan, W. Flanagan, Fleming, Goddin, Harris, Kendal,
Kiiecbler. Mundine, Patten, Phillips of San Augustine, Phillips
of Wharton, Posej, Scott— 23.

So section eight as amended was adopted.

Mr. Talbot offered the following proviso to section nine :

Provided the university fund, as it noTv^ exists, in lands, money
and credits, shall constitute a special fund for the support of one or
more universities, and shall never be used for any other purpose ;
and until a university is established, the principal of said fund and
the interest arising therefrom shall be invested in like manner as
provided for the public school fund.

The amendment was adopted.

Mr. Lindsay offered the following amendment :

Section nine, between the words "appropriated" and "that," in
the second line, strike out the Avord "or," and insert "except the
four-league grant heretofore made to the several counties of the
State, and all funds, lands and other property."

The President announced that the hour had arrived to take up
the special order of the day, which was the declaration respecting the
Houston and Texas Central and Washington County Railroad
Company. *

Mr. Johnson, of Calhoun, moved that Mr. McWashington be
excused on account of sickness.

Carried.

Mr. Butler moved that the consideration of the declaration be
postponed until Monday afternoon.

Mr. Caldwell moved a call of the House.

Call sustained.

Mr. Caldwell moved to suspend the call of the House.

Call suspended.

The ({uestlon recurred upon the motion to postpone.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — INIt^ssrs. Armstrong of Jasper, Bledsoe, Board, Bryant of
(Jrayson, Butler, Degcner, Foster, Glenn, Kuechler, Lippard, New-
comb, Patten, Smith of Marion, Sumner, Thomas, Whitmore,
Wilson of Milam— 17.

Nays — Messrs. President, Armstrong of Lamar, Bell, Bellinger,

*ror declaration see page 907.

RECONSTRUCTION CONVENTION JOURNAL. 933

Bryant of Harris, Buffington, Caldwell, Caiter, Cole, Constant,
Curtis, Evans of Titus, Flanagan, W. Flanagan, Fleming, Goddia,
Grigsbj, Hamilton of Travis. Harris, Harn, Horne, Johnson of
Harrison, Johnson of Calhoun, Jordan, Keaij, Keig^Yin, Kendal,
Kirk, Mundine, Munroe, Phillips of San Augustine, Piiillips of
Wharton, Posey, Schuc^tze, Scott, Slaughter, Smith of Galveston,
Stockbridge, Talbot, Varnell, Yaughan, Williams, Wilson of Bra-
2;oria, Wright — 44.

So the Convention refused to postpone.

The (question recurred upon the adoption of the substitute to the
declaration, with amendments as originally introduced.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar. Bell, Bellinger,
Board, Boyd, Bryant of Harris, Buffington, Caldwell, Carter-, Cole,
Constant, Curtis, Evans of Titus, Flanagan, W. Flanagan, Fleming,
Foster, Goddin, Grigsl^y. Hamilton of Travis, Harris, Harn, Horne,
Johnson of Han-ison, Johnson of Calhoun, Jordan, Kealy, Keigwin,
Kendal, Kirk, Lippard, Mundine, Phillips of Yfharton, Posey,
Ruby, Schuetze, Soott, Slaughter, Smith of Galveston, Stockbridge,
Tal1)ot, Yarijell, Yaughan, Y/atrous, ^Yilliams, Y^ilson of Brazoria,
Y'ilson of i\Iilam, Y^right, Yarborough — 50.

Nays — Messrs. Armstrong of Jasper, Bledsoe, Bryant of Grayson,
Butler,- Degener, Downing, Newcomb, Patten, Phillips of San
Augustine, Smith of Marion. Thomas, Whitmore — 12.

So the substitute was adopted.

Mr. Davis ofiered the following amendment :

111 fifth line insert the word ''interest"' before '•gold,'" and
after the word ''bonds,'" in sixth line, the words "are also payable
in gold and," and insert at the end of section four "provided that
all laws and parts of laws concerning the said Houston and Texas
Central Railroad, or said Y'^ashington County Railroad, not in con-
flict "with the foregoing provisions, shall be considered as still in
force ; and provided further, that the government of the State shall
be at any time authorized to interfere 1)y such measures as may be
thought necessary by the Legislature to prevent neglect of said
railroads, so that the same may alwiys remain a competent security
to the State for the amount due as above set forth."

The ])roposed amendments were accepted.

Mr. Patten offered the following substitute :

Y^HEREAS, The following railroad companies were, on the first
day of March last, indebted to the Special School Fund of the
State of Texas the followinn; amounts :

934 KECOXSTRUCTIOX CONVENTION JOURNAL.

Houston and Texas Central Railroad Company —

Principal $599,164 35

Interest 108,191 21

^707,255 5Q

Bufililo Bayou, Brazos and Colorado Railroad Company —

Principal |420,000 00

Interest 177,819 25

$597,819 25

Washington County Railroad Company —

Principal $66,000 00

Interest 24,775 00

$90,775 00

And Whereas, Said companies have and do refuse to settle and
pay the interest due the said school fund, therefore be it

Resolved, That the Provisional Governor of the State of Texas
be, and he is hereby authorized and instructed to proceed against
said railroad companies according to law for the collection of the
principal and interest, as stated above.

Resolved, That the above named railroad companies have forfeited
their charter for a non-compliance with the terms thereof.

Resolved, That twenty-five thousand dollars, or so much thereof
as may be necessary be, and is hereby appropriated out of any
money in the treasury not otherwise appropriated to carry out the
above resolutions.

Mr. Ilarn moved to lay the substitute on the table.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Board, Boyd, Bryant of Grayson, Buiiington, Caldwell,
Carter, Cole, Constant, Curtis, Evans of Titus, Flanagan, W.
Flanagan, Fleming, I'oster, Goddin, Grigsby, Hamilton of Travis,
Harris, Home, Harn, Johnson of Calhoun, Jordan, Kealy, Keig-
win, Kendal, Kirk, Mundine, Munroe, Phillips of Wharton, Schuotze,
Scott, Smith of Galveston, Stockbridge, Talbot, Varnell, Vaughan,
Watrous, Williams, Wilson of Brazoria, Wilson of Milam, Wright
—45.

Nays — Messrs. President, Bledsoe, Bryant of Harris, Butler,
Dcgener, Downing, Lippard, Nowcomb, Patten, Phillips of San
Augustine, Slaugliter, Sraitli of Marion, Thomas, Whitmore, Yar-
boroujili — 15.

RECONSTRUCTION CONVENTION JOURNAL. 935

So the sul)stitute was laid upon the ta1)le.

Mr. Harn moved the pre\'ious question.

Previous question seconded.

Mr. Patten moved a call of the House.

Call sustained.

Mr. Caldwell moved a suspension of tlie call of the House.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Board, Boyd, Bryant of Harris, Buffington,
Caldwell, Carter, Cole, Constant, Curtis, Evans of Titus, Flanagan,
W. Flanagan, Fleming, Foster, Goddin, Grigsby, Hamilton of
Travis, Harn, Home, Johnson of Harrison, Johnson of Calhoun,
Jordan, Kealy, Keigwin, Kendal, Kirk, -Mundine, Munroe, Pliillips
of Wharton, Posey, Schuetze, Scott, Slaughter, Smith of Galveston,
Stockbridge, Talbot, Varnell, Vaughan, Watrous, Wilson of Brazo-
ria, Wilson of Milam, Wright, Yarborough — 48.

Nays — Messrs. Bledsoe, Bryant of Grayson, Degener, Downing,
Lippard, Newcomb, Patten, Phillips of San Augustine, Smith of
Marion, Sumner, Thomas, Whitmore, Williams — 13.

So the call was suspended.

Mr. Armstrong, of Lamar, asked leave of absence for Mr. Bryant,
of ILarris.

Leave granted.

Mr. Bryant, of Grayson, asked leave, after Monday, for himself
and Messi s. Sumner and Thomas.

Leave granted.

Mr. Buffington moved to reconsider the vote by Avhich the Colum-
bus, San Antonia and Rio Grando Railroad bill was passed.

Mr. Patten moved to adjourn until four o'clock this afternoon.

Upon v>'hich the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Bellinger. Bled-
soe, Board, Bryant of Grayson, Bryant of . Harris, Butler, Carter,
Curtis, Degener, Downing, Johnson of Harrison, Kendal, Kuech-
ler. Lippard, Newcomb, Posey, Ruby, Schuetze, Smith of IMarion,
Thomas— 22.

Nays — Messrs. Armstrong of Lamar, Boyd. Buffington, Cald-
well, Cole, Constant, Evans of Titus, Flanagan, W. Flanagan,
Fleming, Foster, Goddin, Grigsby, Hamilton of Travis, Harris,
Harn, Home, Johnson of Calhoun, Kealy, Keigwin, Kirk, Mun-
dine, Munroe, Patten, Phillips of San Augustine, Phillips of
Wharton, Scott, Slaughter, Smith of Galveston. Stockbridge,

936 RECONSTSUCTIOJS' CONVENTION JOURNAL.

Talbot, Variicll, Vauglian, Watrous, Wiiitmore, Williams, Wilson
of Brazoria, Wilson of Miiain, Wright, Yarborougli — iO.

So the Convention refused to adjourn.

^Ir. Flanagan moved to adjourn until three o'clcck.

Upon which the jeas and najs were called, and resulted
thus :

Pending the vote, the House adjourned until four o'clock this af-
ternoon.

AFTERNOON SESSION — FOUR 0 CLOCK.

Convention met pursuant to adjournment.

E-oll called. Quorum Present.

Mr. Munroe, from the Committee on Engrossed Provisions, re-
ported provisions from fortj-seven to sixty-one correctlj engrossed..

Keport adopted.

Mr. Cakhvell moved a suspension of the rules to take up the sub-
stitute to the declaration respecting the Texas Central and Washing-
ton County Raili'oad Company.

Mr. Patten moved the Convention adjourn until nine o'clock,
Monday morning.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — IMessrs. President, Lippard, Patten, Rogers, Smith of
Marion — 5.

Nays — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bcjllingor, Board, Boyd, Bryant of Grayson, Bryant of Harris,
Buffi ngton, Butler, Caldwell, Carter, Cole, Constant, Begener,
Downing, Evans of Titus, Flanagan, W. Flanagan, Fleming, Foster.
Goddin, G)-i::sby, Hamilton, of Travis, Harris, liarn, Ro¥ne.
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Lindsay,
Mundine, Munroe, Newcomb, Piiillips of San Augustine, Phillips
of Wharton, Posey, Scott, Slaugliter, Smith of Galveston, Stock-
bridge, Talbot, Thomas, Varnell, Vauglian, Whitmore, Wilson of
Bi-aKoria, Wilson of Milam, Wright, Yarborcugh — 54.

So the Convention refused to adjourn.

The question recurred upon the suspension ef the rules.

The Convention suspended tlio rules.

Mr. Patten offered the following substitute :

Resolved, Tbat a committee of three be appointed by the Presi-
dent to investi^rate the financial condition of the HoiLSton and Texas

RECONSTRUCTION CONVENTION JOURNAL. 93t

Centval Railroad Compau}^ and the Washington County Raih'oad
Conijiany, and report to this Convention, after the recess, if the
School Fund of the State will ])e jeo23ardized by accepting the bonds
of said companies as now proposed.

Mr. Harn moved to lay the substitute on the table.

Upon which the yeas and nays were deuuuided, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Bellinger. Bonrd,
Boyd, Bryant of Harris, Buffington, Caldwell, Carter, Cole, Con-
stant, Evans of Titus, Flanagan, W. Flanagan, Fleming, Fostar,
Goddin, Grigsby, Hamilton of Travis, Harris, Harn, Home, John-
son of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk, Mundine,
Munroe, Phillips of Whaiton, Posey, Rogers, Scott, Stockbiidge,
Talbot, Yarnell, Vau^iihan, Ys^atrous, Wilson of Brazoria, YN^ilson
of Milam, Wright-427

Nays — Messrs. President, Bryant of Grayson, Degcner, Down-
ing. Lippard, Newcomb, Patten, Phillips of San Augustine, Smith
of Marion, Thomas, Whitmore, Yarboroiigli — 12.

So the substitute was laid on the table.

Mr. Thomas offered the following amendment :

Strike out the word " passiige " at the erA of fourth section, and
insert '•ratification by the people of this State."

Mr. Caldv.'cll moved to lay the amendment on the table.

Upon which the yeas and nays were demanded and resulted

t!;US :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Bellinger,
Board. Bryant of Harris, Buffington, Caldwell, Carter, Cole, Con-
stant, Evans of Titus, Flanagan, W. Flanagan. Fleming, Foster,
Goddin, Grigsby, Hamilton of Travis, Harris, Harn, Home, John-
son of Calhoun, Jordan, Kealy, Keigw^in, Kendal. Kirk, Mundino,
Munroe, Piiillips of Wharton, Po3..^y, Rogers, Schuetze, Scott,
Slaughter, Smith of Galveston, Stockbridgc, Talbot, Yarnell,
Yaughan, Watrous, Wilson of Brazoria, Wilson of JNIilam. Wright
— 4o.

Nays — ^Messrs. Armstrong of Jasper, Bryant of Grayson, Dea-
ener, liippaid, Newcomb, Patten. Phillips of San Augustine, Smith
of Marion, Thomas, Wliitmoro^lO.

So the amendment was laid on the table.

Mr. Home moved the previous question.

Previous question seconded.

The question recurred, " Shall the main question be now put?"'

938 EECONSTRUCTION CONVENTION JOURNAL.

Main question ordered.

The question recurred upon the adoption of the substitute to the
declaration.

Upon which the yeas and najs were demanded and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar, Bell, Board,
Boyd. Bryant of Harris, Buffington, Butter, Caldwell, Carter, Cole,
Constant, Curtis, Evans of Titus, Flanagan, W. Flanagan, Flem-
ing, Foster, Goddin, Grigsby, Hamilton of Travis, Harris, Harn,
Home, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal,
Kirk, Mundine, Munroe, Phillips of Wharton, Posey, Rogers,
Schuetze, Scott, Slaughter, Smith of Galveston, Stockbridge, Tal-
bot, Varnell, Yaughan, Watrous, Wilson of Brazoria, Wilson of
Milam, W^right— 47.

Nays — Messrs. Armstrong of Jasper, Bellinger, Bryant of
Grayson, Dogener, Downing, Johnson of Harrison, Lippard, New-
comb, Patten, Phillips of San Augustine, Smith of Marion,
Thomas, Whitmorc, Yar]x)rough — 14.

So the declaration Avas agreed to.

Mr. Hamilton, of Travis, moved a further suspension of the rules
to put declaration on its -passage.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — ^Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bo.ad, Boyd, Bryant of Harris, Buffington,
Butler, Caldwell, Carter, Cole, Constant, Curtis, Evans of Titus,
Flanagan, W. Flanagan, Fleming, Foster, Goddin, Grigsby,
Hamilton of Travis, Harris, Harn, , Home, Johnson of Harrison,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk,
Mundine, Munroe, Phillips of Wharton, Posey. Rogers, Schuetze,
Scott, Smith of Galveston, Stockbridge, Talbot, Yarnell, Yaughan,
Watrous, Wilson of Brazoria, Wilson of jNIiiam, Wright — i9.

Nays — Messrs. Bryant of Grayson, Degener, Downing, Lippard,
Ncwcomb, Patten, Phillips of San Augustine, Slaughter, Smith of
Marion, Thomas, Whituiore. Yaiborough — 12.

Four-fifths voting in the affirmative, the rules were suspended.

Mr. Patten offered the following amendment :

In line fifteen strike out "twenty" and insert "fifteen."

Mr. Mundine moved to lay the ainendm.ent on the table.

Upon which the yeas and nays were demanded and resulted
thus :

Yeas — Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell,
Bellinger, Board, Boyd, Buffington, Butler, Caldwell, Carter,
Cole, Constant, Curtis, Evans of Titus, Flanagan, W. Flanagan,

RECONSTRUCTION CONVENTION JOURNAL. 939

Fleming, Foster, Goddin, Grigsbj, ITamilton of Travis, Harris,
Harn, Horne, Johnsou of Ilai-rison, Johnson of Calhoun, Jordan,
Kealy, Keigwin, Kendal, Kirk, jMunroo, Phillips of Wharton,
Posej, Rogers, Scliuetze, Scott, Smith of Galveston, Stockbiidge,
Talbot, Varnell, Vaughan, ^Vatrous, Wilson of Brazoria, Wilson of
Milam, Wright— 46.

Najs — Messrs. President, Brjant of Graj^son, Bryant of
Harris, Downing, Kuechler, Lippard, Newcomb, Patten, Slaughter,
Smith of Marion, Thomas, Whitmore, Yarborough — 13,

So the amendment was laid upon the table.

Mr. Flanagan moved to adopt the amendment offered bj Mr.
Davis.

The amendment was adopted.

Mr. Flanagan moved the previous question.

Previous question seconded.

Mr. Patten moved to adjourn until ^Monday morning at nine
o'clock.

Lost.

Tiie question recurred, " Shall the main question be now put ?"

The main question was ordered.

The question recurred '• Shall tlie declaration, as amended, be
passed?"

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Lamar. Bell, Bellinger,
Board, Boyd, Bryant of Harris. Buffington, Butler, Caldwell,
Cole, Curtis, Evans of Titus, Flanagan, W. Flanagan, Fleming,
Foster, Goddin, Grigsby, Hamilton of Travis, Harris, Harn, Hoi-ne,
Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk,
Mundine, Munroe, Phillips of Wharton, Posey, Rogers, Sclmetze,
Scott, Slaughter, Sniith of Galveston, Stockbridge, Talbot, Varnell,
Vaughan, Watrous, Wilson of Bnizoria, Wilson of Milam, Wright
—46.

Nays — Messrs. Armstrong of Jasper, Bryant of Gray.son,
Degeuer, Downing, Johnson of Harrison, Keuchler, Lippard, New-
comb, Patten, Phillips of San Augustine, Smith of ^Marion, Thomas,
AYhitmore, Yarboiough — 14.

So the Convention adopted the declaration.

Mr. Newcomb offered the following declaration :

Whereas, This Convention has at a former day of this session,
resolved not to consider the matter of division of the State until the
Congress of the L^nited States sha.l act thereon; and

Whereas, Messrs. M. C. Hamilton and C. Caldwell, delegates

910 RECOXSTRUCTION CONVE-STTION JOURNAL.

from this body to Congress, have reported that it is the wish of a
majoritj of Congress that this Convention should take the initiative
in this matter ; tliercfore

Be it ordained by the people of Texas in. Convention assem-
bled. That tlie consent of the people of this State is given that all
that portion of the territory of the State beginning in the mid-
channel of Pass Coballo, where it enters the Gulf of Mexico, thence
up the middle of tha main channel thereof, and up Matagorda Bay,
to tlie mouth of the Colorado river ; thence up the main channel of
said river, with the meanders thereof, to the thirty-second parallel of
north latitude ; thence due west on said parallel to the Ilio Grande
river; thence down said river with the, meanders thereof, to the
Gulf of Mexico, to the place of beginning, may be • erected into a
new State, and the citizens thereof are authorized to adopt a con-
stitution, and submit the same to Congress for approval.

Mr. Patten moved to suspend the rules to take up the declaration.

Motion withdrawn.

Mr. Flanagan oifered the following declaration :

Be it resohed by this Convention of the jieo-ple of Texas,
That the consent of this Convention is given to the formation of a
new State within the limits of Texas, to be embraced within the
following boundaries :

Beginning at a -point in the middle of the channel between Galves-
ton Island and Bolivar Point ; .thence through Galveston Bay to the
mouth of Trinity river ; thence up the main channel of said Trinity
river to the mouth of Bois d' Arc, (or east fork of the Trinity
river ; ) thence up saia Bois d' Arc Creek to the northwest corner
of Kaufman county ; thence north to the south-Avest corner of Fannin
county , thence north with the western border of Fannin county to
the Rjd lliver ; thence down said Rei River to the eastern boundary
of the State of Texas, to the Gull' of Mexico, to the point of
beginnmg. And the people within said boundaries are authorizetl
to tbrm a constitution, and submit the same to Congress for approval.

Mr. Tiionris oiTered the following declaration :

Be it ordained by the people of Texas in Convention assem-
bled, That Africans, and descendants of Africans, noAV residing in
Texas, sliall receive land as follows : Every head of a family shall
be entitled to one hundred and sixty acres, and every single man of
the age of twenty-one years iind upwards, shall be entitled to ei;^hty
acres'; provided, however, that it sliall be the duty of the Legisla-

RECONSTRUCTION CONVENTION JOVRNAL. 941

ture to set apart and cause to be sectionized so much of the vacant
public domain lying in the unsettled portion of this State, as in the
jud;^ment of that body shall be sufficient for the execution of this
ordinance.

Mr. Thomas offered the following resolution :

Be it resolved, That all newspapers taken by this Convention be
and they are hereby discontinued from and after the thirty-first day
of the present month.

Mr. Patten moved that the rules be suspended to consider the
resolution.

Rules suspended.

Resolution read and agreed to.

Mr. Piitten moved a further suspension of the rules for the pas-
sage of the resolution.

Rules suspended and resolution passed.

Mr. Davis offered the following resolution :

Resolved, That the declarations heretofore adopted directing the
sale of the Memphis and El Paso Railroad, the Houston and New
Orleans Railroad, and the Houston and Brazoria Tap Road, be and
the same are hereby amended so as to require a notice of six months
before sale by the Governor.

Mr. Flanagan moved to reject the resolution.

Upon which the yeas and na.js were demanded and resulted
thus :

Yeas — -'Messrs. Bell, Bellinger, Board, Bryant of Harris, Buf-
fington, Evans of Titus, Flanagan, W. Flanagan, Hamilton of Travis,
Johnson of Calhoun, Jordan, Phillips of Wharton, Posey, Rogers,
Schuetze, Smith of Galveston, Stockbridge, Varnell, Wilson of
Brazoria, Wright, Yarborough — 21.

Nays — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Bryant of Grayson, Butler, Carter, Constant,
Curtis, Degener, Downing, Fleming, Foster, Goddin, Grigsby,
Harris, Ham, Home, Johnson of Harrison, Kealy, Keigwin, Kendal,
Keuchler, Lippard, Long, Munroe, Newcomb, Patten, Phillips of
San Augustine, Ruby, Scott, Slaughter, Smith of Marion, Sumner,
Talbot, Thomas, Whitm.ore, Wilson of Milam— 38.

So the Convention refused to reject.

The question recurred upon the question to suspend the rules.

942 RECONSTRUCTION CONVENTION JOURNAL.

Ul)on which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bledsoe, Bryant of Harris, Butler, Constant, Degener,
Foster, Goddin, Grigsby, Harn, Kealy, Keigwin, Keuchler, Lip-
pard, Long, Munroe, Newcorab, Patten, Phillips of San Augustine,
Ruby, Slaughter, Smith of Marion, Sumner, Talbot, Thomas, Wilson
of Milam, Yarborough — 29.

Nays — Messrs. Bell, Bellinger, Board, Buffington, Caldwell, Cole
Curtis, Evans of Titus, Flanagan, Hamilton of Travis, Harris
Home, Johnson of Harrison, Johnson of Calhoun, Jordan, Kendal
Phillips of Wharton, Posey, Rogers, Schuetze, Smith of Galveston
Stockbridge, Varnell, Watrous, Whitmore, Wilson of Brazoria
Wright— 27.

So the Convention refused to suspend the rules.

Mr. Patten moved to adjourn until Monday morning, at nine
o'clock.

Lost.

Mr. Hamilton of Travis moved to adjourn until eight o'clock this
evening.

Upon which the yeas and nays were demanded, and resulted
thus :

Yeas — Messrs. Armstrong of Lamar, Bell, Board, Boyd, Buffing-
ton, Caldwell, Constant, Evans of Titus, Flanagan, Fleming, Goddin,
Hamilton of Travis, Harris, Harn, Home, Johnson of Harrison,
Johnson of Calhoun, Keigwin, Kirk, Mundine^ Phillips of Wharton,
Posey, Rogers, Schuetze, Smith of Galveston, Stockbridge, Talbot,
Varnell, Watrous, Wright— 30.

Nays — Messrs. President, Bellinger, Bledsoe, Bryant of Harris,
Butler, Cole, Curtis, Degener, Downing, Foster, Grigsby, Jordan,
Kealy, Kendal, Keuchler, Lippard, Long, Newcomb, Patten, Phil-
lips of San Augustine, Ruby, Slaughter, Smith of Marion, Sumner,
Thomas, Whitmore, W^ilson of Milam, Yarborough — 28.
'So tlie Convention refused to adjourn.

On motion the Convention adjourned until Monday morning at
nine o'clock.

RECONSTRUCTION CONVENTION JOURNAL. 943

CAPITOL, AUSTIN, TEXAS,

August 31, 18G8.

Convention met pursuant to adjournincnt.

Roll called; quorum present. Pi ayer bj the Chaplain. Jour-
nal of Saturday read and adopted.

Mr. Patten moved that the Convention adjourn until the first
Monday in December.

Upon which the yeas and nays were demanded and resulted
thus:

Yeas — Messrs. President, Armstrong of Jasper, Armstrong of
Lamar, Bell, Bellinger, Bledsoe, Board, Bryant of Grayson, Bryant
of Harris, Butler, Cole, Curtis, Degener, Downing, Gleiui, Goddin,
Grigsby, Hunt, Johnson of Harrison, Keigwin, Kendal, Lippard,
Long, Morse, Newcomb, Patten, Rogers, Sumner, Thomas, Vauglian,
Whitmore, Wilson of Milam, Yarborough-^SS.

Nays — Messrs. Buffington, Caldwell, Constant, Evans of Titus,
Fleming, Foster, Harris, Harn, Home, Johnson of Calhoun, Jordan,
Kealy, Keuchler, Lindsay, Mundine, jNIunroe, Phillips of San
Augustine, Phillips of Wharton, Posey, Schuetze, Smith of Gal-
veston, Smith of Marion, Stockbridire, Talbot, Varnell, Watrous,
Wright— 27.

Pending the announcement of the vote, Mr. Munroe, from the
Committee on Engrossed Bills, reported provisions Nos. 60 and 61
correctly engrossed.

Mr. Armstrong of Lamar, from the Committee on Public Debt,
reported as follows :

Committee Room,
Austin, August 31, 1868.
Hon. E. J. DAVIS,

President of the Convention :

I am instructed, by a majority of the Public Debt Commiltee, to
■whom was referred a declaration by the Hon. Mr. Stockbridge, ask-
ing the Convention to authorize the Comptroller to audit and pay to
M. K. Rion the sum of twenty-five hundred dollars, witli interest for
twelve months, to report that the debt claimed by M. K. Rion,
amounting to the sum of two thousand five hundred dollars, is not
yet due ; but that there is interest upon said bonds which sliould be
paid ; therefore the committee herewith report a substitute for the
original, and recommend its adoption.

ARMSTRONG, of Lamar,

Chairman,

944 RECONSTFJJCTIOX CONVENTION JOURNAL.

DECLARATION.

Be it declared by the people in Convention assembled :

That the Comptroller is hereby directed to pay to M. K. Rion
such interest as may be due him on twenty-five bonds issued by the
State, in part payment of debts conti'acted by General Sam Houston
for the protection of the frontier.

Mr. Buffington, by consent, offered the following
DECLARATION.

Be it declared by the people of Texas in Convention assem-
bled:

That the Buffalo Bayou, Brazos and Colorado Railroad is indebted
to the State of Texas in the sum of $597,819.25, principal and in-
terest, due to March 1. 1868.

It i,i, therefore, ordained. That the Governor of the State be, and
he is hereby, directed to sell, at public auction, the said Buffalo
Bayou, Brazos and Colorado Railroad, upon the same terms and
conditions as have been prescribed in a declaration passed by this
Convention, authorizing the sale of the New Orleans and Texas
Railroad and the Southern Pacific Railroad ; prodded, that the
railroad herein authoiized and required to l)e sold, shall not be sold
unless it shall bring the full price of principal and interest due up to
the day of sale, in gold.

The President then announced the vote upon the question of ad-
journment.

So the Convention adjourned until the first Monday in December.

END OF FIRST SESSION,

APPENDIX.

R E F O R T

ATTOMEY-GENEIUL OF TEXAS

FOK ISGy.

TRANSMITTED TO THE CONVENTION BY GOVERNOR
E. M. PEASE, JUNE 19, 1868, AND ORDERED PRINTED.

[See Page 129.]

Attorney-General's Office, )
Austin, Texas, November 2, 1867. )

On retiring from office it is incumbent upon me to give in the
form of a report an official statement of the business tliat came
within mj charge, and to accompany it with such suggestions in re-
gard to tlie administration of the law as the public welfare appears
to demand.

No reports have been made to me in regard to the suits directed
to be instituted in behalf of the State dming the time I filled this
office under Provisional Governor Hamilton, and so short a time has
elapsed since my appointment under the present administration, that
nothing has transpired touching those suits and the other pending
suits in which the State is concerned, worthy oi mention.

^ The opinions delivered to the heads of departments are on file
with the officers at whose instance they were prepared. They are
not recorded in this office, because the opinion book in which* they
should be inserted, was not delivered to me by my predecessor, who
retained it in order to have his official opinions and correspondence
neatly recorded, until too late a period to admit of their insertion.

Shortly after entering upon the discharge of the duties of my
office, I addressed communications to the Commissioner of the Gen-

948 ' APPENDIX.

eral Land OiSce requesting him to furnish certain statements,
which he did as soon as the investigations re(iuisite to their com-
pletion coald be made. These statements are appended with the
suggestion that thej demand further attention.

The first of them shows the amount of land scrip, (viz: 145,600
acres,) issued from the General I^and Office, and to Avhom, during
the earlier period of the not jet ended rebellion and war, and paid
for with what is called " Confederate money." That the scrip so
issued is null and void, and should be so declared, there can be no
doubt. Its recognition as valid would be a wrong to every owner
of a 2;ood title to land in Texas, with whose land it might come into
competition; and besides, would be justly offensive to the national
Government.

The second of these statements consist of an elaborately full
showing of the financial condition of the' General Land Office while
administered by Capt. Stephen Crosby, as Commissioner. It ap-
pears that the books of that officer make it manii'est that a deficit of
money due the State and individual depositors, existed when Capt.
Crosby was removed, amounting in the aggregate to f 17,839 34,
•in coin.

For so much of this sum as is due the State, viz : |^14,073 24,
he and Jiis sureties may, and should be held responsible.

It is further evident from this statement that the interest of the
public would be better served were it provided by law, that here-
after no money should be paid directly into the General Land Office,
and that all fees and dues chargeable by that office should be de-
posited on warrant of the Comptroller, based on a statem.ent of the
Commissioner in the Treasury.

It may not be amiss in this connection to call attention to the du-
ties and labors imposed by law upon the office which I am about to
leave, and heuce. of which I can speak with impartiality. They are
amply sufficient to occupy the whole time of four active and in-
dustrious members of the legal profession, not diverted from their
work by any private business. To do justice to the defence of
mandamus suits, to claims and suits in :^ivor of the State, to estates
witliout heirs, to tXxQ preparation of State cases brought up by ap-
peal, to cor[)orations, — besides the preparation of opinions, of cor-
respondence, and a personal attendance upon the Supreme Court at
three points, requires more time and thought than any one person
can give, even though he should permit nothing else to interfere.
In this opinion my predecessor fully concurs. The Attorney Gen-
eral should be allowed competent assistants, and no law officer of
tlie State, while such, should be permitted to continue to act, oi- to
accept employment in any matter of private litigation.

APPENDIX. 949

The inefficiency and ddiij in the administration of the law, both
civil :ind criminal, merits special attention. The delaj in civil suits
is often so great as to amount to a denial of justice. In that class
of suits too many oaths and too many suretyships are provided for.
'•The first affidavit for a continuance" offers a premium for an im-
nuinity to false swearing, and should in any event be a])olished.
There should be a mode provided whereby a citizen may have his
property judicially bound, so that he may not be compelled to en-
tangle his friends and neighbors by suretyships.

To guard against stay and appraisement laws, a provision should
be inserted in our Constitution similar to that existing in the Con-
stitution of New Jersey, prohibiting the Legislature from passing
any law ' ' depriving a party of any remedy for enforcing a contract
v»-]iich existed when the contract was made." (Vide Sedgwick on
Statute and Constitutional Law, 696.)

The civil law of Texas needs to be reformed and to have its de-
fects supplied in the following additional matters :

An original should constitute the record of every instrument re-
(juired by law to be recorded.

There should be a registration of births and deaths, as well as of
marriages.

Tax sales of land should be abolished, and the payment of taxes
with interest, in case of a failure to pay, enforced by the prohibition
of tlie registration of any instrument aEfecting the title, save on the
proof of the payment of the taxes, with interest.

Juries should not be required, where liquidated demands, the exe-
cution of which is not denied, are sued upon.

Literest should net exclude any person nom being a witness in a
civil cause.

Only a single execution, properly directed and to be supplied in
case of loss, should be issued upon a judgment.

Terms of courts should be abolished, and all our tribunals should
be like admiralty courts, alvrays open for business save on Sundays
and holidays.

These suggestions may be regarded as Utopian and impracticable,
but on slight investi-^jation it can be ascertained that every one of
hem (excepting, perliaps, that in regard to taxes,) is now the lawm
•Iraost every civilized country in the world.

In a word, our civil statutes need to be reformed so as to give
rompt justice to the people, and with a constant view of the prin-
Iple that one who is wronged should be reinstated, as near as may

^, in the condition in which he was immediately before he vvas

'onged, and at the cost of the wrong-doer.

The condition of the administration of criminal and penal law in

950 APPENDIX.

Texas is truly deplorable. As a plijsieian, before determining what
remedies should be applied, must ascertain the nature and extent of
the disease, so a government, before legislating further against crime,
should obtain fall and accurate criminal statistics. The reports of
district attorneys and clerks (so far as such have been made), re-
ceived at this office, are meagre and unsatisfactory. At best, they
only show what indictments have been found, and what disposition
has been made of them. No provision exists for obtaining statistics
of the vast mass of crime for which, from various causes, indictments
are not found. The records of appealed cases, in •some instances, as
in the case of Spence, a freedman from Bell county, show that tor-
ture was resorted to ; but in other cases, as in that of Charles Thomp-
son, a freedman from Williamson county, whose feet were burned
until the skin burst open, they are silent on that fact. No one has
thus far been indicted for inflictmg torture. Officers of the law
admit verbally that, in general, a freedman who is guilty of crime can
be convicted and punished, but that it is next to impossible to con-
vict and punish a white man ; and, indeed, acknowledge that a white
man can not be convicted and punished for a homicide, especially if
it be of a freedman.

I learn from all sources that human life has never been less pro-
tected by law in Texas than at the present time.

A military officer of high character has informed me that since
the surrender of General E. Kirby iSmith, and until the first of July
last, one hundred and forty murders, chiefly of freedmen, had been
committed in a county in which he was on duty. Another stated to
me, that, while a member of the staff of the late Brevet Major Gen-
eral Griffin, he was for a time in a county in a different region in
which twenty homicides were committed in the course of one month.
The counties referred to certainly show an average of crimes of vio-
lence above that of the remaining one hundred and twenty-six or-
ganized counties of the State; but taking tliree homicides per county
as the average number per year, as w;is stated by the late Judge
Buckley in his charge to the grand juries of his district, and it fol-
lows that not less than three hundred and eighty-four murders per
year are committed, or rather were committed before the rebellion
and war, which has certainly not impi-ove<l the morals of the people.
I am satisfied that this estimate falls f;ir short of the truth, as may
be ascertained by a reference to official statements, imperfect as they
are, on file.

These appalling facts cannot be ignored or suppressed. The whole
truth should be ascertained and stated, and an efficient protection to
life afforded by law.

If sheriffs will aid in packing juries, and if juries will not convict

APPENDIX. 951

for crimes against life, at least a remedy should be afforded so far as
practicable bj civil suit. The provision of the coninioi) law which
holds the right of civil suit to be merged in the felony, should be
repealed, and a right of civil action for exemplary damages given,
independently of a prosecution and conviction, or a failure to pro.se-
cute and convict for crime. The statute of February 2, 18(30, (vide
Pasclial's Digest, page 98,) is insufficient. A statute better planned
and of greater scope is needed.

The too great size of the geographical State of Texas is, perhap.s,
one of the greatest obstacles that exist to the enforcement of law
and the maintenance of order. To attempt to govern economically
and well a State which contains over five times more square miles
than the great State of New York,* and which has scarce any facil-
ities for intercommunication, is to attempt' an impossibility. A let-
ter can go by mail from Austin to any capital city of Europe, and a
reply to it can be received, with more promptitude and certainty
than one can be sent to and answered from very many of the counties
of Texas. A division of Texas into five States, as is contemplated
by the joint resolution of annexation, would be a finality, and Avoukl
greatly conduce to effect the leading objects of a government founded
on equality before the law; protection, education and internal im-
provements.

Appended hereto as a part of this report, will be found a report
which was some time since submitted to the officer in command of
the District of Texas, on the pretended '-public and general laws"
of Texas, of 1866. It sets forth 1)riefly in the first instance the
•'laws" leveled against the freedmen; and in the second instance
such as are directly or indirectly hostile to the United States govern-
m.ent and to the loyal citizens thereof. It does not embrace the
'■ special laws" of that year, which, with a few and unimportant ex-
ceptions, amount in the aggregate to an ingenious system of rewards
to persons who were active as politicians, editors, officers military or
civil, blockade runners, contractors, etc., etc., in behalf of the re-
bellion.

In leaving office, I file herewith a printed opinion touching the
pretended legislation of the rebellion, and likewise a printed copy of
my letter of resignation. [See documents A. and B.]

I again solemnly protest against the attempt that is made to put

♦According to the Compendium of the United States Census of 1860, New
York h:i8 lt5,000 i^qu'.»rc miles, and Texas '237,321 square milep. The report of
the Comiuis<ioncr ol' the General Land Office o( Texas for lSr>9. sets forth that
Texas contains 271,356 sijuare miles. Mr. Prej^sler, the pres ntChie! Draughts-
man of the (jeneral Land Office, estimates that Texas contains 265,578 si^uare
miles.

952 APPENDIX.

upon the people of Texas, who did not make and who never have
sanctioned them, the pretended "laws" of the rebellion.

The registered voters are the '-people."

The leading propositions bearing upon the claims of the pretended
legislation of the rebellion, the so-called "laws" of 1866, inclusive,
are ])riefly as follows :

The Congress of the United States cannot go beyond the power of
attorney under which (and which alone) it acts — the Constitution of
the United States.

Ti]e legislation of the rebellion was made within the limits of the
United States, and 'not only without, but against, the authority
of the national constitution, the continuously supreme law of the
land. Such being the case Congress could not, without exceeding
its warrant of attorney, recognize or confirm it, and Major General
Sheridan could not derive from Congress any pov/er with which that
body could not be clothed by the constitution. Besides, neither Con-
gress nor Major General Sheridan is justly chargeable with having
attempted to inflict upon Texas so unprovoked and so great a wrong.
Under the Constitution of the United States a rebel " law" cannot
be legalized. A rebel official act, where found to be indiiferent in
its character, may from considerations of public convenience be vali-
dated, but even that should not be done save with an express pro-
viso to the effect that neither the United States government nor any
loyal citizen thereof should in any manner or to any extent be pre-
judiced thereby.

Considerations of policy do not warrant a sworn officer of the law
to abandon propositions and conclusions established by reason and
sanctioned by authority; hence I adhere to the positions I have
taken. A correspondence with able jurists in other States Avho had
previously arrived at the same views, has confirmed me in the con-
viction that they are correct and true, and that like all truths they
will stand the test of time.

WILLIAM ALEXANDER,

Attorney General.

APPENDIX. 953

PRETENDED LAWS OF 18()6 AGAINST THE
FREEDMEN.

The foundation of what are termed the Laws of Texas of 1866
is the rejected Constitution of 1866. If it is null and void, because
incompatible with and hostile to the supreme law of the land, the
Constitution and laws of the United States, all that has been built
uu upon it must be null and void also. Bj referring to art. 3, sees.
1, 5 and 10 ; to art. 4, see. 16 ; to art. 8 ; to art. 10, sec. 2 ; and
to ordinance No. 11 ; tlie incompatibility of the rejected con-
stitution of 1866 and its hostility to the Constitution of the United
States may be clearly perceived.

The main object kept in view by those who made that instru-
ment, and of those who devised the pretended laws based upon it
was the restoration of African slavery, in the modified form of
peonage. This object is very distinctly foreshadovred hy the peculiar
pliraseology of art. 8, which sets out by declaring that " African
slavery, as it heretofore existed^" (only,) is regarded as having
been abolished, not by the people of Texas, but '• by the govern-
ment of the United Statos, by force of arms." That such was the
intent and purpose alike of the unauthorized Convention and Legis-
lature of 1866 will be more fully apparent on reference to the
following of the pretended laws and joint resolutions of 1866. made
to carry that constitution into eSect :

Ch. 80, p. 76 — the so-called labor law. — It provides expressly for
a system of peonage, though without using that term, in many
respects similar to the peon system abolished by the Libei'als of
Mexico a few jqays, since, which Maximilian was unable to restore.
It is directly opposed to the Tliirteonth Amendment of the Constitu-
tion of the United States, and of tlie Civil Rights Act.

Ch. 82, p. 80 — Against persuading, enticing and tampering with
laborers. This is in furtherance of the above, and is subject to the
same objections.

Ch. 73, p. 70 — Defines " persons of color."' The sole object of
this law Avas to defeat equality before the law — justice ; to dis-
criminate on account of race. This is subject to the same objections.

Ch. 59, p. 59 — Restricts the right of persons of color to testify
in certain cases. Subject to the same objections.

Ch. 128, p. 131 — Defines the rights of persons of color. Subject
to the same objections. It is restrictive, giving them no more rights
than free persons of color had during the existence of African
slavery. It takes special care not to declare them to be '' citizens."

Ch. 135, p. IGO — Exempting from sale under execution a certain

954 APPENDIX.

amount of the property of every " citizen." A very ingenious
thrust at the freedmen. Subject to the same objections.

Ch. 92, p. 90 — Makes the carrying of fire-arms on enclosed land,
without consent of the land-owner, an offence. It was meant to
operate against freedmen alone, and hence is subject to the same
objections.

Ch. 146, p. 170 — As to public schools for whites (only.) Subject
to the same objections.

Ch. 154, p. 195 — Providing for indigent white children (only.)
Subject to the same objections.

Ch. 164, p. 203 — Donates land to white settlers (only.) Subject
to the same o])jections.

Ch. 180, p. 225 — Jury law, for whites only. Subject to the same
objections. This pretended law has been obviated by the jury
order of Brevet Major General Griffin.

Ch. 53, p. 48 — Organizes a new county court system. This
onerous act was devised chiefly in order that rebels might be able to
get at the freedmen without waiting for the semi-annual terms of the
district courts. It is subject to the same objections.

Ch. 63, p. 61 — The apprentice law. It provides for "moderate
corporeal chastisement." This act seems to have been framed in
ignorance of sec. 990 of Oldham & White's Digest, which it should
either have amended or repealed. It is subject to the same objec-
tions.

Ch. 102, p. 97 — Provides for special cars on railroads lor freed-
men. Subject to the same objections, and hence obviated by an
order of Brevet Major General Griffin.

Ch. Ill, p. 102 -The vagrant act. The latter part of sec. 1 of
this act is insidiously leveled against the freedmen, who are not even
mentioned as such in it. Subject to the same objections that lie to
the whole of tlie system of which it forms a part.

Ch. 120, p. 119 — Provides for employment of convicts for petty
offences. Intended for the freedmen, and subject to the same
objections.

Ch. 125, p. 126— The "stay law," delaying the collection of
debts. It prevents freedmen dependent upon their immediate earn-
ings from collecting their wages. Subject to the same objections
that lie to the whole system.

Ch. 64, p. 64 — Gives a lien on crop. An ingenious device,
whereby a man who rents land and hires laborers to cultivate it may
be enabled to avoid paying the laborers. Subject to the same objec-
tions. Believed to have been obviated by an order of General
Kiddoo.

Ch. 132, p. 134 — For the assessment and collection of taxes.

APPENDIX. 955

Said to be substantially the " Confederate Act" re-enacted. It is
cumbrous in its machinery, complicated and unjust. Under it more
tlian double the ta.x due is fre(|uently collected from freedmen who
cannot read the notices, and a<^ainst whom mileage is charged and
received in conse(i[Ucace. By military circular No. 1,5, current
taxes are made payal)le under the act, the circular being the law.

Ch. 153, p. 192 — For employing convict labor on railroads. A
very ingenious feature of the peon system. It does not mention the
freedmen, but was devised with an especial reference to them.
Subject to the same objections.

Ch. 178, p. 221 — To amend the rebel Sunday law of December
16, 18(33. Said to be modeled on one of the blue laws of Connec-
ticut, only it ingeniously provides that laborers not hired specially
to work seven days in the week may, on-siigar plantations, &c., be
made to work on Sundays in certain cases. Subject to the same
objections that lie to the rest of the sj-stem.

Ch. 186, p. 236 — Militia law. It\nakes the militia to consist of
" able-bodied free white male" inhabitiints. Subject to the same
objections.

Joint Resolution No. 4, p. 260 — For the removal of the United
States troops. Their presence being the chief protection afforded
the freedmen, the attempt to remove them is a part of the system
stated, and is subject to the same objections.

Joint Resolution No. 13, p. 166 — The refusal to ratify the
fourteenth proposed amendment to the Constitution of the United
States. As the hrst section of this amendment guarantees freedmen
their civil rights as citizens of the United States and of the States
in which they reside, the rejection of the amendment is not only
subject to the same objections, but is subject to the further objection
of being a rejection of a condition precedent since imposed by the
military reconstruction act. By that act, an acceptance of the
Fourteenth Amendment is made indispensable.

Query — Is not Ch. 177, p. 221, (the dog tax law,) aimed at the
freedmen also ?

It is to be observed that all of the foregoing general acts and joint
resolutions, (twenty-four in number,) were approved by Ex-Governor
Tlirockmorton, who also signed the constitution and ordinances of
1866, on wliich they are based. He was probably removed from
office on account of his sustaining and executing the same, together
with some forty odd other pretended general laws, and a larger
number of pretended special laws, hostile in their character to the
United States (Jovernment and its loyal citizens, white and colored.

956 APPENDIX.

PRETENDED LAWS,

Based upon the Rejected Constitutio7i of 1866, lohich are iacom-
paiihle ivlth the Constitution of the United States, and are
either directly or indirectly hostile to the United States Gov-
ernment, and to the loyal citizeris thereof ; in addition to the
twenty-four pretended General Laios leveled at the Preedmen.

Cli. 6 and 65, and Joint Resolutions No. 22, pp. 6, 64 and 272
— Making appropriations for 11th Legislature.

Insidious attempts to legalize the two preceding rebel " Legisla-
tures." If the bodies that claimed to be the 9tli and 10th were not
legislatures because thej were made up wholly of "public enemies,"
and were carried on during the existence of active hostilities a'j;ain3t
the United States Government, the pretended Legislature of 1866
coald not by an j possibility be " the lltli Legislature."

Ch. 10, p. 7 — Lays off Texas into Congressional Districts. This
"Act" "gerrymanders'" the (geographical) State with a special
reference to the vote for Governor Pease at the last general election,
so as to make it impossible to elect a loyal member

Ch. 12, p. 10 — Provides for a rebel military organization under
pretext of defence of the frontier. Not permitted to be executed by
Brevet Major General Griffin.

Ch. 30, p. 33 — Provides for a special term of the District Court
for Davis county, which is the rebel name for Cass county.

The name of Cass county was changed during active- hostilities
expressly to dishonor Gen. Cass on account of his loyalty, and to
honor Jefferson Davis on account of his disloyalty. This pretended
law was enacted to validate the change.

Ch. 31, p. 23 — Supplementary to ch. 10, p. 7.

Ch. 33, p. 21 — Makes appropriation under ch. 12, p. 10.

Ch. 34, p. 25 — Relieves Assessors and Collectors where tax has
been collected " in treasury warrants, or other liabilities of the late
Confederate States."

An attempt at a recognition of the so-called " Confederate States,"
and at the same time to legalize the official collection of rebel paper
just as though that was not a crime.

Ch. 35, p. 26 — Creates Judicial Districts. Under the pretext of
domg this, this pretended act was artfully framed to throw out of
office two of the three loyal Judges elected. On being apprised of
the fact Brevet Major General Griffin promptly restored them to
office.

Ch. 36, p. 28 — Supplementary to the preceding.

APPENDIX. 957

Cli. 41, p. 32 — An apparently public act devised to determine a
pending suit.

Such legislation is as reprehensible in morals as un^varrantable
in law.

Cli. 48, p. 40 — Creates the unnecessary office of State Libraiian
to provide lor the charge of a damaged and broken lot of books
which originally cost j^oOOO, and which would not now bring at
public auction $1000, the salary of the Librarian for one year.

This "act'' is a job to pension the editor of a rebel newspaper
because he had been private secretary to Jefferson Davis, and Secre-
tary of State under the rebel Governor of Arizona, and who, when
appointed by. and acting under Governor Throckmorton, had not yet
taken the amnesty oath.

Gtivernor Pease promtly removed the ineligible incumbent and left
the office vacajit, declaring that it should so remain.

Ch. 51, p. 42 — Appropriates ;|~!5000 to pay for a then unpub-
lished law treatise, which, as the Constitutian of 1866, is rejected,
is no authority as to a very material portion of its contents.

Another job.

Ch. 69, p. 67 — Confirms grant of lands to a rebel railroad.

Ch. 79, p. 74 — Provides for sale of school lands.

Owing to the rebellion they will not bring their value, so the
cause of education is made subservient to the interest of land spec-
ulators.

A blow at public schools.

Ch. 80, p. 83 — Creates the county of Hood •• in honor of Gen.
J. B. Hood, of the late Confederate army." (See notice of ch. 30,
p. 33.)

Comment upon this is unnecessary.

Ch. 86. p. 84 — Amends general railroad law.

As most, if not all, of the railroads of Texas were used with the
consent of their officers to aid and abet the rebellion, the United
States government may yet enforce the Confiscation Act of August
6, 1861, against them. At all events, tlie State when re-organized
and re-admitted may see how far they have complied with existing
laws, and may enforce its lien.

Ch. p. 79. Authorizes guardians and administrators to com-
pound.

Query. Is this done to obviate sales made for " C. S.'' paper,
and instalments made in " C. S." bonds; or, is it a sly mode of sanc-
tioning them ? Perhaps Avidows, orphans, and loyal creditors, would
be decidedly better off if such an " Act '' had never been passed.

Ch. 91, p. 90. Enables those who, by rebelling, caused certain
counties to become disorganized, to take advantage of their own

958 APPENDIX.

■wrong. Most probably, like ch. 41, page 32, this act is a general
law prepared with reference to a special case.

Ch. 93, p. 91. To levy taxes.

It makes specie the basis of valuation instead of legal tender
notes ; is opposed to the U. S. Legal Tender Act.

Ch. 95, p. 93. For the sale of University Lands.

It does this when, in consequence of the rebellion, and of ihe want
of confidence, caused by the disloyal Convention and Legislature of
1866, the lands would not bring near their value. Another attempt
of rebel politicians to take advantage of their own Avrong. A job
coml3ined with a speculation at the expense of the cause of public
education.

Gov. Pease put a stop to this scheme,

Ch. 98, p. 95. A cool appropriation of $25,355 33 of the School
Fund — which, under our accepted and unrepealed State Constitu-
tion of 1845—6, ought to be inviolate — to the State Revenue ac-
count.

Everything opposed to our accepted State Constitution (as modi-
fied by the amendments to the United States Constitution and the
laws passed thereunder) is hostile to the United States Constitution.
The pretended legislation of 1866 shows a spirit of hostility to pub-
lic education for the whites almost as bitter and determined as that
manifested towards the public education of the freedmen.

Ch. 113, p. 105. Provides for the public printing.

This "act" carries into effect an ingenious scheme to subsidize a
rebel press by covertly paying the highest, not the lowest, price for
public printing. (See remarks in ch. 48, p. 40.) Section twelve
is contrary to the United States statute touching legal tender, and
is remarkable alike for the ideas it aims to embody and the gram-
mar in which they are expressed.

On inquiry at the Comptroller's office, it can be ascertained how
much in coin, or in currency at coin rates, has been paid for public
printing, as well as what sort of printing it has been.

Ch. 117, p. Ill — Appropriation Act for Expenses of 1866.

Functus officio, but bad. (See remarks on Ch. 175, p. 213,
post.)

Ch. 118, p. 117 — Provides for the issue of bonds for Frontier De-
fence.

An attempt to do this by a disorganized (geographical) State un-
der a rejected constitution — a Provisional Government while the
state or condition of war yet continues — is contrary to the Constitu-
tion of the United States.

Ch. 119, p. 118 — An attempt to legalize judgments rendered by
"public enemies^" not unfrequently against loyal citizens^ before the

APPENDIX. 959

state or condition of war is declared hy Congress to he at an end, and
at tlie same time to repeal a law in regard to judgments, enacted by
competent parties under an accepted constitution.

Cli. 121, p. 120 — Supplementary to Sequestration Act of March
15, 1848, &c.

Subject to the objections urged against the foregoing.

Ch."l22, p. 122— To establish an Industrial Board.

Not permissable. (See remarks on Ch. 118, p. 117, and Ch.
110, p. 118.) Besides, it is a job to give salaries to " ex-Con-
federate States " officers.

Ch. 123, p. 125— -Sets apart one acre for a United States Military
Cemetery.

An inexcusable and ill-timed display of animosity toward the dead
of those whose patriotism, courage and endurance maintained our
national cause by. victories in the field. In the convention of 1866,
United States soldiers were said to be, when living, " the scum of
the earth," and their remains, after they were dead, were spoken of
as "vile dust," which might, by a too close proximity, contaminate
the remains of the rebel dead. Hence, this acre was set apart for
them by the Legislature. It is to be noted, that the men who used
the brutal epithets cited are described by the Supreme Court of the
United States as being "none the less enemies, because they are
traitors." (2 Black"s Reps., p. 674.)

Ch. 124, p. 125— Amends District Court Act of March 16,
1868. Provides that unknown heirs may be represented by
Attorney.

An arrangement fir more advantageous to disloyal attorneys than
to loyal unknown heirs.

Probably, like Ch. 41, p. 32, an apparently public and general
act, artfully devised to dispose of a particular pending suit.

Ch. 138, p. 160 — Provides for a bonded Receiving Clerk in the
General Land Office.

An adroit device for apparently " locking the stable after the horse
has been stolen," after the coin in the General Land Office had been
exchanged for "Confederate paper," and nobody held responsible for
it. A job.

Ch. 140, y. 163 — Provides for enclosing the State Cemetery.

A shabby display of disloyalty, for it appropriates oidy fifteen
hundred dollars for a rough wooden fence, instead of providing suf-
ficient for a permanent wall. This was done by a legislature which,
by joint resolution, number five, page 261, appropriated two thou-
sand dolla^ to exhume and reinter the body of an ex-United States
officer, who was not born in Texas — whose domicil, when he was
killed, Avas in the free ' State of California, vrhere his widow and

960 APPENDIX.

cliilden yet live — who never fought but one battle for the " Confed-
eracy, was defeated and fell ni that, and whose christian and sur-
name our legislators did not .know, for thej spelled it wrong three
times consecutively ill the caption and body of their joint resolution !
Truly, they must have been hard run to find a subject for a rebel
pageant. Ex-Go vernor Throckmorton's reflections on Generals Sher-
idan and Griffin, in his funeral discourse, are in print and need no
comment.

Ch. 141, p. 165 — Increases salaries above the difference between
coin and currency.

The spirit of this enactment is apparent.

Ch. 145, p. 169 — Establishes a six months' limitation to suits
against " Confederate States " receivers and other rebel officers.

All mention of this act is omitted in the index. It is thorough-
ly rebel in spirit, and is evidently intended to practically repeal the
act of the United States Congress of July 11, 1864, suspending the
running of statutes of limitations in the rebel territory.

Ch. 148, p. 185 — University of Texas established.

This is attempted in a disorganized State that has not established
so much as one free public school. Contrary to the Civil Rights
Act, and, besides, a job.

Ch. 150, p. 188 — For the collection of State arms.

Well enough, if the so-called " Confederacy " had conquered the
United States.

Ch. 151, p. 189 — For publication of the reports of the rebel
Supreme Court.

This act has two objects — to legalize by implication the decisions
of the rebel Supreme Court, and to cause United States currency to
be paid for the publication of the same at an arbitrarily fixed dis-
count. Besides, it creates another job. As to the character and
decisions of the rebel Supreme Court, see ex jjarte Louisa Merry,
26 Texas reports, pp. 23-4, and Ih. pp. 404-5.

Ch. 152, p. 191 — Supplementary to ch. 95, p. 93 — For sale of
University lands. (See remarks on ch. 95, p. 93.)

Ch. 165, p. 204 — For collection of back taxes ; rebel war taxes
inclusive. Stopped by an order of Brevet Major General Griffin.

Ch. 167, p. 208 — For the issue of bonds for School Fund.

By ch. 98, p. 95 — A portion of the School Fund is unconstitu-
tionally appropriated, and this act aims to supply the place of that
togetiier with the rest of that spoliated fund by bonds, before Texas
is reorganized and readmitted. The Constitution of 1866 being re-
jected, this is unauthorized. t

Ch. 174, p. 212 — Grants lands to railroad companies.

How many of these corporations have forfeited their charters from

APPENDIX. 961

a non-compliance, with tlie statutes of the State? How many of
them are subject to condemnation and sale hy tlie Uuitcd States gov-
ernment ? How many of them are chartered by the pretended
Le^^islature of 186(3 ?

Ch. 175. p. 218 — General appropriation act for 1867-8.

Defective, extravagant and unauthorized. Needs to be supplied
by a military order.

Ch. 176, p. 219 — Empowers towns, counties, &c., to create fiind-
ed debts.

Wrong in principle, even were the rejected Constitution of 1866
in force.

Ch. 183, p. 288— Regulating fees of office.

It ought to be entitled, *' An Act regulating the value of United
States legal tender treasury notes in certain cases," as it makes
these notes legal tender at a discount adjusted arbitrarily for each
fee, contrary to the United States statute as to legal tender.

Ch. 188, p. 255 — Makes United States District Clerks the custo-
dians of " Confederate States " district court records, and makes
transcripts thereof evidence. The coolest piece of impudence, com-
bined with disloyalty, of all ! Comment upon it is needless.

Ch. 189, p. 255 — Creates the office of State Engineer.

This is a good job for rewarding some rebel officer or politician.
Useless. Governor Pease has removed the incumbent, and left the
•office vacant.

Ch. 190, p. 257 — For assessment and collection of the United
States direct tax.

Unnecessary and unauthorized. It aims to throw the fees for col-
lecting the United States direct tax into the hands of rebels, and is
so devised as to cause loyal men who have already paid the United
States direct tax to a United States officer, and who are in conse-
quence careless as to'pretended State legislation in regard to it, to
pay a secoml time.

It is to be observed that the United States Secretary of the
Treasury has suspended the further collection of this lax until Jan-
uary 1, 1868.

Ch. 11, p. 9 — An act to provide for elections in certain cases.

It is really intended to restore all rebel State officers, except as-
sessors and collectors, to office. " where no election was held or or-
dered prior to the expiration of the Provisional State Government,
on the l'3th August, 1866, in accordance with the laws in force."
Of course it refers to the rebel ■" laws " as being in force.

Perhapscihis pretended la>v shows the spirit of the rebellion more
fully and distinctly than any other in the volume.

Oil. 45, p. 38 — Appropriates two thousand dollars for removing
61

962 APPENDIX.

obstructions in Sabine Pass, " placed there bj the authorities of the
Confederate States government," &c. Loyal men should not be
made to pay for this, but rebels alone.

Ch. 46, p. 39 — Legalizes election of judge and district attorney
in Twelfth District, neither of whom could register or take the test
oath, and one of whom has since been removed from the judgeship
by or at the instance of Brevet Major General Reynolds.

Joint resolutions 6, p. 262 ; 8, 263 ; 9, 263 ; 10, 264 ; 16, 268;
21, 271 ; and 23, 272, in addition to those' specified as hostile to
freedmen, arc all, to a greater or less extent, opposed to the Consti-
tution and laws of the United States — the supreme law of the land.

DOCUMENT " B."

LETTER OF RESIGNATION,

Attorney General's Office,

Austin, October 28, 1867.

General : A few weeks ago several of the gentlemen who have
since been appointed to the principal offices of the present provisional
government of Texas, together with other citizens, signed a petition,
drawn up by myself, to Brevet Major General Griffin (who, to the sin-
cere regret of all really loyal men, is now no more), asking him, in
substance, to declare, by a military order, all pretended legislation
done in Texas and" dating from and after February 1, 1861 (the
date of the so-called Ordinance of Secession), to be what the law
holds it to be — ^nuU and void from the beginning. You are respect-
fully referred to that petition, which must be on file either in your
office or at the headu[uarters of the Fifth Military District, for the
matters it presents and the names of the signers.

On being subsequently appointed to the office of Attorney General,
I, with the other officers appointed at the same time, in pursuance of
the order of appointment, took the United States test oath, together
with the oath of office prescribed by the accepted constitution of
Texas of 1845. The same oath appears to have been taken by all
the recently appointed officers of the provisional government.

There can be no question as to what State constitution and laws

APPENDIX. 963

wc were sworn to support. The phrase, "since the adoption of this
constitution bj the Congi'ess of the United States/' settles beyond a
doubt that we did not qualify to the rebel State constitution of Texas,
for it substitutes "since the second day of March, A. D. 1861^"' for
the words cited ; nor to the rejected State constitution of 1866,
which, had we inserted "since the rejectioii^'^ etc., instead of "adop-
tion," might with propriety be regarded as the instrument to which
we made oath.

Having taken a solemn oath, from which I have not been released,
to perform the duties of my office agreeably to the only "adopted"
or accepted constitution of Texas, and the laws enacted in pursuance
thereof (all relating to African slavery having been previously
annulled by the thirteenth amendment to the United States constitu-
tion, and by-laws to carry the same into effect), I can not conform to
the requirements of the proclamation of the Executive of Texas,
dated on the 25th inst., but only this day received, which, though
in my conception not free from ambiguity in language, has been
verbally explained in your presence and before the heads of the
departments of the provisional government as being designed to '
declare the constitution and statutes of 1866, subject to certain excep-
tions, to be "rules for the government of the people of Texas and the
officers of the civil government," or, in other words, our body of
municipal law.

Holding, as I do, that the rejected constitutibn of 1866 and the
laws based thereon are neither in force propria vigore, nor by virtue
of the military reconstruction act and its supplements, nor yet by
Major General Sheridan's order assuming command, I regard the
proclamation of the 25th inst. as requiring me to do what is incon-
sistent with my oath of office as well as with my settle 1 convictions
of law.

It is respectfully and earnestly submitted that the proclamation, as
explained, promulgates errors fraught witli danger to the loyal people
of Texas, white and colored, and eminently pre;] udicial to the national
cause, which I deem it to be my official duty to briefly point out.

Laws, organic or otherwise, in the United States, may be uncon-
stitutional on one or both of two independent grounds : because made
against or without the anthorify of the ftatio/ia! constitution, or
because made under the authority of the supreme law of the land
and yet intrinsically in conflict therewith. AH rebel constitutions
and laws are unconstitutional and null and void ab initio for the
first of these reasons, and very many of them for the second in
addition.

If indeed, as I hold, the constitution and laws of the United
States have continued, without cessation, to be the supreme law of

964 APPENDIX.

the land, the friends (citizens), not to speak of the ''rniblic enemies''
of the United States, could not, without the authority of the United
States government, make any law within our national limits. Any
pretended law they might so enact would, to borrow the language of
Chief Justice Marshall, be "incompatible" with the constitution of
the United States ; would necessarily be unconstitutional. If, on
so unimportant a subject as defining the times for the sessions of a
court, because passed against the authority and without the consent
of the national government, which, by the constitution, can only
permit admitted States and lawfully organized Territories to legis-
late, it would be unconstitutional. In contemplation of law, all
hostile and unauthorized legislation done in Texas from and after
February 1, 1861, is unconstitutional, and no decision can be cited
showing that an eclectic system can now be introduced under
which we can say that one pretended law so made is valid and
another void on account of its provisions.

If, on the other hand, the rebel view be correct, and the constitu-
tion, etc., etc., of the United States were not the supreme law of the
land in Texas, from February 1, 1801. until the date of the surren-
der of General E. Kirby Smith, valid laws might have been made
here, all of which vv'ould remain in force after the 'constitution, etc.,
etc., of the United States had "again resumed their sway," except
such as might be incompatible therewith on account of their contents.
Still, there seems to be no authority to show that a State constitu-
tion made without the authority of Congress, after General E. Kirby
Smith's surrender, which that body subsequently, by the military
reconstruction act, provided should never be laid before it for accept-
ance, but that a new one should be formed by the action of registered
voters and presented, can supplant an accepted constitution and the
laws passed in pursuance of the same.

According to the theory of government generally adopted in a
Republic, the government is regarded as being a collection of agen-
cies of the sovereign people, who furnish to their agents or officers
a constitution and laws as their pov/er of attorney beyond which
they cannot go. Congress (our collection of legislative agents for
national purposes) has not the power to validate a State Coastitu-
tion or laws made by a people within our limits, hostile to, or not
authorized by, the national government. Not having the power to
do so, it could not confer such power upon Major General Sheridan
as it did not itself possess.

If these propositions be correct, the military reconstruction act
and the order cited ought to be construed in accordance with them.

To do so, we have only to regard the word "governments" as
employed in the act and in the order in signifying " the bodies of

APPENDIX. 965

administrators Vy'Iio rule," (sec Encyc. Britt., vol. 10, p. 731,) the
persons claiming to be and acting as civil officers — nothing more,
and not as also including the rejected constitutions of tlie rei>ci
Stales with the laws l)ased thereupun.

To hold otherwise would be to assume that Major General Sheri-
dan, when he used the phrase " provisions of law," did not mean,
as his language clearly imports, to refer to valid existing laws, but
on the contrary intended to validate pretended law; or, in other
words, that in his order assuming command he took upon himself to
do what his known character precludes him from being charged
with — to reject the accepted constitution of Texas of 1845 and to
accept the rejected constitution of 1866^ — to doubly repeal and over-
rule legislation enacted at different periods by the Congress of the
United States.

I am firmly convinced that that officer, who, during his command
of the Fifth Military District, gained a reputation for administrative
ability scarce surpassed by his achievements in the field, undertook
to do nothing of the sort. Hence, I beg leave to protest against his
bein.i; charged with having put the rejeated constitution and "laws "
(so-called) of 1866 upon us. Indeed, the character of those '-laws"
is such that he could not have done so. Not less than eighty-three
of such of them as claim to be pvhUc and general in their nature,
are either directly or indirectly hostile to the United States Gov-
ernment, or, to its loyal citizens, twenty-four being leveled at the
freedmen ; while about two hundred of such as are styled special
confer magnificent rewards upon those who had been prominent in
upholding the rebellion.

Major General' Sheridan di<l not validate rebel judgments and
sales under execution had against loyal men, (some of them bearing
arms under him at the time.) because they were in the service of
their country. He did notliing to put down the friends and build
up the enemies of the United States : to make loyalty odious and
treason respectable in this State. True, notwithstanding the mili-
tary reconstruction act we did not have a military government
estal)lished, but instead, a rebel civil government organized under
a ci;*nstitution not accepted, and administering rebel laws, Avas con-
tinued and upheld ; but this was done against the earnest and reit-
erated remonstrances of the commander of the Fifth Military Dis-
trier.

Xow. since he at last was permitted to place appointees of his
own in power, if rebel laws are to be administered by them, what
ha-; the United States Government, what have the people of Texas,
in the true political sense of the term — the registered voters, white
and colored, who did not make and who have never sanctioned such

966 APPENDIX.

laws, gained by the change ? Had the rebels been victorious in the
field, what could they have won beyond the establishment of their
laws ? When they have lost, must the result be the game ?

I am averse to occupying your time and attention farther, or, in
this connection, I would trace the progress that has been and is in-
sidiously made by disloyal judges, by means of these pretended
laws, toward a judicial justification of the rebellion ; and would
also give my reasons for believing that the administration of ex-
Governor Tlirockmorton was regarded an impediment to reconstruc-
tion, partly, at least, because it executed rebel laws in their spirit.

Having taken the position of Attorney General expressly to aid
in the enforcement of our accepted constitution and unquestionably
valid laws, and the programme having, against my protest, been
altered, and a rejected constitution, with disloyal "laws," substi-
stituted, I conceive myself to be under no obligations to continue in
office to assist in the administration of a body of municipal law
which, in my belief, has not been and could not be sanctioned by
the militaiy reconstruction act nor by general order No. 1 of Major
General Sheridan.

Not having changed the views to which I subscribed before being
appointed, I cannot abandon them now without doing wrong — occu-
pying a false position, and appearing to be actuated not by principle,
but by a mere vulgar desire for office.

Sincerely convinced of the correctness of the opinions set forth,
which, however objectionable to rebels, it must be conceded wt)uld, if
carried out, work no prejudice to any loyal man or to the United
States Government, I beg leave to transmit through yourself to the
Commander of the Fifth Military District this my resignation, to
take effect as soon as a successor can be appointed and qualified, so
that I can deliver over to him the books and papers of the office.
I remain, very respectfully,

Your obedient servant,

WILLIAM ALEXANDER,
Brevet Major General J. J. Reynolds, U. S. A., Commanding the

District of Texas.

APPENDIX. 967

DOCUMENT "A."

Comptrollers Office.
Austin, Texas, Sept. 5, 1867.

Hon. W. ALEXANDER,

Attoi'iicy General of Texas :

Sir : On entering upon the duties of Comptroller of Public Ac-
counts, I am admonished at once of .the embarrassments wliicli lie
in the way of what I conceive to be a proper and efficient adminis-
tration of the laws of the State, so far as thcj relate to this office,
which I am sworn to support and to execute.

The first duty devolving upon me arises under Chapter 175 of the
(ifeueral Laws of the Eleventh Legislature of the State, designated
" An Act making appropriations for the support of the State Gov-
ernment, for the years 1867 and 1868." The act provides for the
payment of sundry sums of money, not necessary to the proper
administration of the laws of the Stute, during its provisional term,
nor, indeed, at any time.

The question, upon which the opinion of the Attorney General is
solicited, is whether the statute is a valid law of the State of Texas,
and, consequently, whether the accounting officers are bound to
respect and execute it as such. If not, then what law, if any,
beyond the military orders of the Commanding General of the Dis-
trict, is in force ? or if in force, what other authority than the
United States can now make appropriations for the support of the
Provisional Government of Texas ?

I shall be pleased to have the early and careful consideration of
these enquiries by the Attorney General.

I have tlie honor to be your ob"t serv"t,

M. C. HAMILTON,

Comptroller.

Attorney General's Office,

Austin, Texas, Sept. 7, 1867.

Sir: Your communication of the 5th instant was received on the

968' APPENDIX,

evening of tliat day, and its contents have been dulj considered. In
reply I transmit the subjoined opinion.

I remain, very respectfully, your ob't serv"t,

WILLIAM ALEXANDER,

Attorney General.

Hon. M. C. HAMILTOiS!'.

Comptroller.

OPINION.

The Constitution of the United States ^ etc.^ the supreme law of
the land. The accepted Constitution of Texas, which took
effect February 16, 1846, and the laws made under it, the
municipal law of the land. The rejected Constitution of
1866, and the pretended laivs dependent upon it, null and
void, ah initio.

The leading facts bearing upon the inquiry submitted, which, be-
ing matters of public and general notoriety, may be taken notice of
"without proof, are as follows :

Certain politicians of the slave States finding that, as they were
in a hopeless minority, they could no longer control the national gov-
ernment, conspired together to organize a rebellion and war against
that government, in order that they might overthrow it and establish
a stronger and more aristocratic form of government than a republic
in its place, constructed with a special reference to the maintenance
and extension of African slavery, which was declared to be its "cor-
ner stone." In pursuance of this scheme some sixty-one of them,
who were citizens of Texas, published a call for a " Constitutional
Convention," asking county officers to hold "unofficially" an elec-
tion for delegates. Rather less than one-thad* of the then electors
voted for delegates fiivorable to the conspiracy.! The minority-
elected delegates assembled, and on February 1, 1861. passed what

*Fraiii tho proclaiuation ;ipi)eu(lril to tlio sn-pallc;I C'liiistitntio'i (if T'^xa.-;, it appi-ars
tliat only 'iS-llO pi'rs()i:,s voted for its adoption, a siiiaU i/iiiioritv. The (K^lcii-ati's t(v
till' (_'onv('ntio;i ot ]8(>1 were not elected by so .small a miuoiitv as that which voted
lor the (rejected) coiistitntioii ot laoG.

tTlii-iiiiiivority coutrollcd the masses by means af secret oi-^.iuizatiou. tsri-ovism
and violence.

APPENDIX. 969

is commonly known as the '• Ordinance of Secession." They also
jassed, a little later, wliat tliey styled "amendments" to the Con-
stitution of the State of Texas which had been accepted by Con-
gress. It was under this accepted constitution that Texas, on Feb-
ruary, 16, 1846, or:^'anized as a State, forming a part of the nation
known as the United States of America.

These "amendments," if operative, substituted for the constitu-
tion a new and essontjally different instrument, asserting allegiance
to a treasonable organization, never I'ecognized* as a government by
any existing nationality, called the "Confederate State-^ of America."
These " amendments," or new rebel constitution, are claimed to have
continued in force until superceded, in 1866, by another constitution,
also passed under the guise of " amendments ' (materially different
from its predecessor, and from tlie constitution of 1845-6), and
Avhich was rejected by the United States Congress.

What purports to be the "law" in regard to which you inquire,
was passed under and is dependent upon the instrument last referred
to. If the one is the Constitution of the State of Texas, the other
is a law ; but not otherwise.

*Tlii^ Tion-ic'coiriiitiitii of tlio so-cnllod Confederate States Oovoriunoiit, auil of evi ly
pvcu-aded State tilei-eof. ]>rcveiir.s their h.'iu^- talc'-ii iiotiee of l)v eotirts and juilieial
cllii-ers. This is pi-itVcMy well srttl.Ml by the Supreme Court ot tlie United States.

The foIlowiMn- is the lauiiuage of Chief Ju.stiee Martiliall. in the case of Rose v.
Hiuie'.y. 4 Craneli, '^72 :

'• T!ii' colony of San DonnniCO, orijrinnlly helonsi'i^ to France, had lirokon tlie bond
tli:it couni'cte.l her with the i)arent state, had deehired herself indeiiendent, and was
endeavoriim- to snpijoit tli it indejv.'iideiu-e by arnjs. France still ass-rti'(I her el.aim
of sovireii,'nt.\-, and had employed a military force in siip|)ort of tliar claim. A war
('(' fifvto tiien unqu •stioiKibly existed between France ands \n Itominiro. It has Iieeu
ra:.^ned that the colony, havini; (h'clared itself a sovereiv'u State, and liavin.tr thus far
maintained its sovereinaty by arms, nnist b-,' considered and ti'cated by other nalion.s
as sovcreiirn in fact, and as bein.i^ entitled to maintain the same interi'ourse witll tho
Avorld that is m;iintain( d by other be!liu.crent nations. In support of this arj^unient
the doctrines of Vatte! Inive bi-en i)articularly referred to. JUit the laiiirua.ire of that
writer is obvionsl\- adiiri'ssed to sovereiiiiis. not to courts. It is for .iroveriiiiieiits to
decid<' wh'tlier tliey will consider San Dominiio as an indejaMident nation ; and until
sucli decision shall be niaih', or Fi-ance shall reliniinish Jiei- claim, courts of justice
must consifler tin- ancieid stit ■ of thiiiics as remainiiii; unaltered, and the .sovereign
power of l''i-ance over that coloJry as Still subsisting'."

Tlie i)rineiple stated in tile fore^oinir citation is coiiinionted upon and reafflrmcd
by 3Ir. .nistiee Story, in tin- case of Gelston v. Hoyt, 3 Wheaton's Keports, 324, a.s fol-
lows :

•• Xo doctriiip is better established than that it lieloiifrs oxehisivel v to .iroverunients
to recoirnize new states in the revolutions tliat occur in the world; and until such
recoirnition, either liy our own irovernnient or the jroveriimeiit to whicii the new
state belonged, courts of Justice are bound to consider the ancient state of thiujrs as
I'emainiiiir unaltered. Tliis was exju'essly held by this court in the case of Kose v.
Himle\- (t Cranel!, -IW), and to that decision on tins point we a<lhere. Anil the snuie
doctrine Is ch'arlv sustiiaeil bv the iudirmeiit of foreifrn tribunals. (The M.iniila, 1
Edwards Ke])orts, 1. The citv of Heine v. the Bank of Eu{,dand, 9 Ve.s. 347. Dolter
V. tile 15anK- of Ea.nlaiid. 10 Yes. 353: 11 Yes. 28:}.)"

A citizen of an uiiacknowu'dired .irovernuient cannot lu.-iiutaiu a suit in cha.ncerj-.
J?iri' V. Thomiison. cited in ) Rob. Prac. 00; Thompson v. Powles, 2 SimnioKs. I'.i4;"2
Cond. Kug. Ch. Kep. 378. Sec also tor analoev furnished, Keiuiett v. Chambers, 14
How. 38.

970 APPENDIX. ,

The Constitution of the United States is conclusive as to this, as
it declares that it, with the treaties and laws made in pursuance
thereof, are the supreme law of the land. No authority can be
found showing that the supreme law of the land ever ceased to he
in force for anj moment of time that has elapsed since it first took
eifect, and over every square inch of ground within our national
limits. If all the time in force, no pretended constitution incompat-
ible with it, and no "law" dependent upon such constitution, has
existed in Texas since Texas first became a State in the Union.

The three departments which together make up the national gov-
ernment have also separately furnished constructions throwing light
on the matter in hand, Ayhich accord with the supreme law of the
land and with each other.

Firstly (in order of time), the Judiciary — the Supreme Court
of the United States has decided that the rebellion amounted to a
war ; that the rebels were " the public enemy " of the United States,
and that they were "none the less enemies because they were
traitors." (2 Black's Rep. 674.)*

*See also Bland v. tlio Adams Express Comiiany, 1 Duval's Ky. Rep. 232, in which it
was decided that "Confederate soldiers" commanded hy John Morgan, were the
"public eueniy," and (hat in coiiseiiui^nce tlie Adams Exjiress Company w;is not, as
a common carrier, rcsiMJiisible to tlif owners thereof lor money captured by the
" Confederate soldi'-rs '' wiicu in transit in its safe.

It is to be obscrvi.-d th;it the statutes of the so-called Confedei'ate States term the
citizens of tiie United States "alien enemies." The records of tlir, .so-railed Oonfedc-
rat" States District Ctnirt at Austin show that all the personal ])i-o}ii'ity and real es-
tate it could r.'aeli, tliat l>r;onged to loyal citizens of the Uniti'd States, was seques-
tered and sold as the property of "alien enemies" Evn the Anicrii-an Bible So-
cii'ty's biiolv's wrre condeinned and sold. It has been estimated that Udt less than
twelve niillien dollars wortli of lanils were condemned and sold by that branch of
tJie Confederate States District Com t for a mc^re trifle. The prcte-,;d"d laws of the
relvcl or-'aiiizatioii that claimed to be the State of Texas, also treat loyal citiz^vis of
the United States as their enemies. See for example "General Laws of the Ninth
Le.yislature," p. 3.3, ch. 42; and p. 39, chs. 51 and 52. One of these "laws" merits
special attention, and is as follows :

CHAPTER XVI.

An Actto exclude from office, serving on jimes, taking or holding property, and from
the rights ot sultVage. all persons who take the alien oath, leave our country to
jivoid the serx'ice, or Mho join the enemy or in anywise give them aid and com-
fort.

Seotiox 1. Be it enacted by the Legislature of the State of Texas, That no person,
lii'ing a resident of the State', or of any one of the Confederate States, who may, dur-
ing- the existing war betv,feeii the Confederate States and the United States, take the
oatli coninionly known as tlie alien oath, whereby he claims the ]irotection of any
forrign gi)\-ern'nnnt as a shield from serving in the cause of the Confederate States in
th'ir pri-scMif .struirgle, or who uia.\' leave, fa- hax'ing left, remain aVisent, from this
State or any of the Confederate States, to avoid participating- in behalf of the Cou-
federate States; or who may join, or having joined, continue in the army, or service,
or employncnt of the United'States, or who may conceal himself and thereby avoid
service ill our <'ause, or who may, in any wise,, give aid and comfort to the euemy,^
shall, upmi conviction thereof before any court of competi'ut jui-isdictioa, take or"
hold any estate, real, personal ormix^'d, whether by purch.ise, gift, devise or descent,
in this Slate, nor hold any otttce of trust, profit or honor, nor vote at any elo'ctiou, nor
sei-ve on any juries in any court within this State ; xn'ovided, that persons who shall
jirove thems('l ves to be b())i(i /iric neutrals and citizens of a friendly power, shall not
be subject to the provisions of this act.

Sec.'2. Thi^t tin; judgment of the court ttpon the verdict of a jury in any one of tho
causes enumerated in the preceding section, shall be sufficient evidence of the guilt

APPENDIX. 971

By tlie law of war, public enemies have no political rights under
the government agiiinst which they are warring. As regards it,
they have, in general, only the right to ])e killed when in arms in
tlie field, and to be treate<l as prisoners of war in case they are
forced to surrender. A citizen who assumes, and is recognized in,
the incompatible character of a public enemy, ipso facto forfeits his
citizensliip. No argument is required to prove that public enemies,
wlien inside our national boundaries, are incompetent to do what
loyal citizens alone may do, and even they only with the (at least)
im])lied consent of Congress that they should set about the work,
and the express approval of Congress when it is comphcted and sub-
mitted. (Const, of the U. S.. art. 4, sec. 4. See also the Military
Reconstruction Act (No. 68) for the conditions precedent imposed.

Secondly, the Executive Department of the National Govern-
ment— the President, has put himself upon the record repeatedly,*
and in various waj^s, in harmony with the Judiciary. To cite one
example: In his proclamation of June 17, 1865, a})pointing General
A. J. Hamilton Provisional Governor, he declared that the rebellion
had deprived Texas of " all civil government." If the rebels had,
by their own criminal conduct, deprived themselves of all civil gov-
ernment, it is not perceived that, while in that condition, they could
perform any govtnimenl;il act, much less set a,side a State constitu-
tion, made by competent parties, and accepted by Congress, together

of tac pirty, in any suit or proceedin,!? tUat may snbsenucutly arise, ou any issuo
iiiiulf, upon any iiUL'-stioii involved in tlie' said tirst section.

Ski'. 3. Tliat tor tlu' ottVMiccs ciiunii rated in the. first section of this act, the party
may l)e prosecuted at any time witliiu five years alter tlie ratification of a treaty of
peace bet ween I lie C'oufedcrate States and tli<' United States.

Slie. i. That this act take ettect from and after its passige.

Approved March 5, \Hm.

(Gtiueral Laws, extra session, Ninth Legislature, p. 12.)

See also the J(jiht Itesoiution ou pa.ice thirt\-six of the Generji.1 Laws of the same
session, in which Major Creueral Lutler is deserilied as •' lit tter k;;owa as I'.uth'r the
Beast," and the laws cliauirinii; the names of Cass, ISuchanan and Walker eouaties to
Davis, Stephens and (Samuel II,, iuipliedl.v.) Walker cou^itics. General Laws Xintli
I^'srishiture, cb. li, p. 8, and Special Laws Tenth Legislature, ch. 12, p. 39; cum miiliis
aliis.

It will doubtless l)e contended that this "law" was repealed by Ordinance Xo. 11 of
the Convention of 1S(;(;. If the rejection of tin- work ol the Cunv<-ntion of ISiw; by
Congress uiadi' it as valid as the aeci'ptance would have maih' it, the " la%s' " in (lues-
tion MMiy be regarded as ri-peale<l by it, but not ollierwise.

Ifowever, it can scarcely be claiu'ied that the Convention of 18GG attempted to re-
lic;-.! certain very obnoxious laws ])assed jiri-paratory to the I'ebellion, sudi as that
autiuiiiziag magistrates ti> search the United St, ites liiails, and to take out and burn
aVlolitiiin documents, etc. (General Laws of ICighth Legi.- l;iture, pp. '.i',), km)); that pro-
hibiting negroes fnnn Iioldiiig religious meetings, unless two slavehohh-rs should bo
pres:tnt, etc. (lb., pp. Kii, 102,)

From a hasty ixannnation, I have lieeu unable to discover that articles 91.>. 9l(i, of
tile CoiU^ of Ciiminal I'roeedure (see O. & W, Digest, pp. (iiUi, 670), which provi(ht for
selling free persons of cohu- into slavery, have ever be.vi att<-nipte(l to be repealed.

*In each of the several prochnnati»>us api)o:ntinc- Provisional Governors for the
other insurgent States, the President maile use of the same language. Inde<-(1 the
form-of proclamation was printed with a blaidc for the name of tlu' State, and was
issued olticially when the bhink was tilled up and the date attixed. One of these proe-
hnnations, of which a large <iuantity, with the blanks unfilled, was scut by the State
Dopai tmeut to Texas, is now before me.

972 APPENDIX.

with the laws and civil rights that had accrued under it, during the
lapse of years of peace and comparative good order.

Though it was a matter of public- and general notoriety that what
claimed to be a State Government existed in Texas ; that persons
Claiming to be "officers," occupied all the public offices, and that
such liad been the case continuously since February 1, 1861 ; it is
worthy of note that our Chief Magistrate very properly ignored both
that government and its officers. Regarding them as illegal, he did
not trouble himself to remove F. S. Stockdale, E§q., who, as " Lieu-
tenant Governor," claimed to be "Governor," when P. Murrah,
Esq., had absconded to Mexico, but appointed General Hamilton,
without talcing the slightest notice of him whatever.

Thirdly^ the Legislative Department of the National- Govern-
ment— Congress, appears to have concurred fully with the views
given by the Judiciary ViXifx Executive Departments, though it has
expressed itself in more moderate terms. It has set forth, in the
preamble to the Military Reconstruction Act of March 2, 1867,
(No. 68), that "no legal State Government exists in Texas," etc.
This may be regarded as a statutory fact. If no legal State gov-
ernment existed in Texas on March 2, 1861, when the ordinance of
secession took effect in a disorganizing act, and related back to Feb-
ruary 1, 1861, the date of its passage, there did not exist, then nor
since, any power, on the part of the rebels of Texas, competent to
modify the State constitution and laws. A State constitution can,
in general, only be altered by means of a legal State government,
and with the express approval of the work by Congress, subject to
the exceptional case of a modification through the operation of amend-
ments to the National Constitution, and of laws enacted under and
by virtue of such amendments.

It is fairly inferable, from the expressions of its departments, that
the National government regarded what are termed the insurgent or
rebel States, as disorganized political States, which, as their boun-
daries were never changed by law, were considered as mere geo-
graphical States; nothing more. Though unquestionably aware
that what were called " governments," continuously existed in them,
it ignored those pretended governments, as they were not legal, con-
sidering that the persons claiming to be the officers occupied no higher
ground than menwlio. finding public offices empty, entered, and gave
themselves out to be officers. The United States government has
never admitted, and could not, under the constitution, admit the
Texas Ordinance of Secession to be other than null and void from
the beginning ^ together with all pretended legislation connected with
or dependent upon it. The United States government has only done
what implies that it regards that void ordinance as fixing the date

APPENDIX. 973

when, according to tlie rebels, the disorganization under the State
constitution occurred. A State may disorganize without making a
futile nttenipt to secede. For example, Avere all the offijors of the
tlnco departments of a State govennuent at once to die, resign, leave
the State, or accept incompatible offices, the State would be disor-
ganized, though, as in the case under consideration, the constitution
and laws would /emaiu intact ': and enabling legislation, on the
part of Congress, would be required to assist the geographical State
to regain its lost character of a political State, and to resume its
working relations to the National government, of which it never
ceased to form a })art.

The rebellion and war had no legal effect, save to produce disor-
ganization. It did not repeal any thing. The resistance or escape
of a vast number of criminals, for a greater or less period of time,
vhen they are afterward captured, and put subject to the sujyreme
and nwinicipal law of the land, does not make them a de facto
government, nor empower them to repeal the civil and criminal
statutes, nor the constitution on which those statutes are based, any
more than does the resistance or escape of a single criminal.

Were the pretended legislation of the rebels, framed in defiance of
the constitution, held valid, no honest or loyal purpose would be
effected thereby, and a greater impediment would he interposed to
reconstruction than any now in existence. There is nothing in its
character that would justify or even excuse us in holding that it
swept away an accepted constitution, with the law^s that had been
enacted and the rights that had accrued under it. Our laws, as they
stood on February 1, 1861, were generally more just and efficient
for the ends of justice, than at any previous time — far more than
any pretended laws of a later date. Whatever then has been done in
Texas during the rebellion, that was hnvful, considered with refer-
ence to our constitution and laws as they stood at the date of the
attempted secession, except where inconsistent with the National
constitution as amended, and laws, is as valid as if done at any ear-
lier period. Lawful contracts, mariiages, etc., made then, are as
binding as they would be had they been made previously.

The pretended constitution (ordinances included) of 1860, passed
under the style of "amendments," is not only null and void for rea-
sons already indicated, but for additional considerations. It shows
on its face that it is the work'of disloyal men, actuated by a subdued
hostility to the United States government. Besides, it is founded
and built up upon the rebel State constitution, (which had been pre-
viously adopted under the guise of "'amendments" also), and not the
State constitution accepted by Congress, which "public enemies"'
were incompetent to set aside or alter. Taken with the ordinances,

974 APPENDIX.

it amounts to an insidious attempt to legalize so much of the rebel
State constitution and laws as is not openly and directly opposed to
the National constitution, and thus to make the legislation of the
rebels, since February 1,1861, ^inclusive), as far as possible, con-
structive as regards itself, but tiestructive as regards the supreme
law of the land and the accepted State constitution, with the laws
enacted under it, as they existed and continue to exist.

In order that a State constitution should be so framed in a disor-
ganized State, that Congress can accept it, not only must the condi-
tions precedent imposed by the Military Reconstruction Act. as ex-
plained by its supplements, be observed, but it must ignore the rebel
State constitution and laws, and must be based upon the (accepted)
State constitution and statutes ; for, in legal contemplation, they are
the municipal law of the land.

When Congress accepts a State constitution, it is valid ; hence,
when Congress rejects one, it must be void. On principle, the re-
jection of a State constitution does not merely exclude United States
Senatoi's and Representatives elected under it, but makes it a nullity,
and we are thrown back upon the old State constitution. A rejected
constitution is not cognizable by the judiciary. (Luther v. Borden,
7 How. 42).

Under the constitution of the United States, but three sorts of
governments, in the nature of State governments, are possible: Ter-
ritorial governm.ents. State governments, and, where either of them
are disorganized, from the necessity of the case, military govern-
ments. What are termed provisional governments, under the acts
of Congress, are but subordinate parts of military government.

More inconvenience would be unjustly wrought upon loyal men by
holding that the legislation of fifteen years has been swept away by
rebels, than would be justly wrought upon rebels by holding their
pretended legislation of the last six years to be what the law holds
it to be — void.* The " legislation" of the rebels, during the earlier
part of the rebellion, was not only hostile to our country, but was in
itself eminently unjust and unscrupulous. Nor are the "laws" of
the last so-called Legislature otherwise. They, too, are persistently
leveled against the United States Government and its loyal citizens,
and not a few of them are artfully contrived to eifect fraudulent
and criminal designs, not apparent on the surface.f Certain of

* TliP rebel State "laws" permitted the property of estates to be sold for "Coufed-
erat" i)apcr," and the money of estates to be invested iu "Coufederate bonds," to tbe
crt'iit loss (if widows, orpliaus aud loyal creditors, who, as they were unable to pro-
t;tt tlicniselves, the c;overument is mi)rally bound to protect. They also author-
ized "Confederate paper" to be received at par for land warrants at the Geueral
Land Ollice. A vast (iuantity of Land warrants were obtained for this pap(>r at the
actu;il cost of one c(^nt per aero. - ,,^, t •

t Sec for example, eh. 41, p. 32, of the volume entitled General Laws of 11th Logis-

APPENDIX. 975

tliem, such <as the " Labor," " Persuading," " Vagrant," " Fire-
Arms,'' " Apprentice," " Tax" and "School," &c., " laws," amount
to a cunningly devised system, planned to prevent e(|uality before
the law, and lor the restoration of African slavery in a modified
form, in fact, though not in name. They were designed to defeat
justice.

The so-called "Special Laws" of 1860 appear to have been
devised chiefly to reward, at the cost of the people, leading rebel
military men, politicians and contractors, for their services in behalf
of the rebellion, by granting them a great number and variety of
charters, which, if valid, would be worth millions.

It may not be amiss to briefly consider the views of those persons
who. wdiether because they are disloyal, or because their jiidgments
have bean warped by the pressure of the re-)ellion, difler from what
has been hereinl:)efore advanced. Such of them as are rebels admit
that the Supreme Court Avas right in declaring them to be " the
public enemy," but not in deciding them to be also "traitors."
They claim that they were not only public enemies, but were more
— w-ere a foreign nation. It seems never to have occurred to them
that, if so, as Congress, the war-making power, have not yet declared
the state or condition of war ended, and as they have never been
naturalized and enfianehised, in 186(5 they could not legislate at all.
They and their sympathizers hold the statement of "the President,
that they had deprived themselves of " all civil government," to be
simply untiue in point of fact, instead of construing it fairly to
mean what that ofiicer intended, that they had no government that he
was bound to respect.

Instead of construing the Military Reconstruction Act in accord-
ance with the settled principles of the law, so as to make it all to
stand, these people misconstrue it in an absurd manner, making it
alike self-destructive and unconstitutional — contending that while in
its preamble it declares that no legal State GoveiTiment exists in
Texas, it legalized the so-called State Government in existence at its
passage, and thus makes a military government unconstitutional !
They construe the worHs " that may exist " to read, "that do or may
exist," contending that rebels can be officers, without taking the test
oath, who cannot be appointed officers, because unable to take the
test oath. As a matter of course, they produce no warrant of law
for their style of construction. All their arguments are based upon
a tacit assumption of what they have not the hardihood to directly

lature. This act, thouirh apiiarently wnoral in its tonu.'*, vras dnviscd to cause a
■vrirtow to loso a Yaluai)l(> tract of laiut involved in a pondinfr suit.

Pec also cli. 14.'). p. iCi'.), in tlic sami> voUinic of which is omitted in the index. Also
joint resolutions i, 5 ami 13, appended to the same volume.

y t b APPENDIX.

assert — that the Constitution, &c., of the United States have not
been continuously since February 16, 1846, and till now, the su-
preme law of the land in Texas. They are not unaware of the
effect, which this proposition, if true, would produce upon the United
States laws, passed since February 1, 1861. such as the Direct Tax
law, the Internal Revenue law, the law establishing United States
Circuit Courts, the law declaring Statutes of Limitation not to run,
&c., &c. Hence they insidiously aim, by inducing acquiescence,
sufferance aad delay, on the part of those charged with the execution
of the law, and, indeed, by all other indirect means, to get their
theory established — that, during four years, the Constitution and
laws of the United States, with the State Constitution accepted by
Congress, and the laws made under it, were not in force in Texas,
but were supplanted by the rebel "C. S." and State Constitutions, to
which the United States Constitution and laws, (except those passed
during the four years), and the rejected State Constitution of 1866,
with the laws made under it, are the successors, or heirs at law.

Indeed, some of them very gravely contend for a proposition, than
which they can scarce go farther, that the validity of the rebel
statutes must be determined, (in each case separately,) by compar-
ing them with the United States and the accepted State Constitu-
tions. They might, with equal warrant of authority, and with
greater' plausibility, argue that Canadian statutes may be tested by
the Constitution of Mexico. As the statutes of Canada were not
framed with reference to the Mexican Constitution as the paramount
law; so the rebel statutes were not drafted with reference to the
United States and accepted State Constitutions, as the superior and
controlling law. There the parallel ends. The Dominion of Canada
never having been at war with Mexico, the Canadian legislation is. at
least, not hostile in its character. It was not devised by a criminal
organization, co-operative in all its parts, to dismember and over-
throw our sister Republic. It is needless to consider such proposi-
tions.*

Had Congress expressly declared, in the Milital'y Reconstruction
Act, that legal governments existed, at the time of its passage,
in the rebel States, that declaration would have made the act uncon-
stitutional. The conditions precedent required by the act to be

■One, liowcvcr, is so ciii'ious tliat it desorvcs to ha noticed. AUliouf;li under the
V. S. C'onstitution only three sorts of icoveriiineuts in tlie nature of t^tate ^ovorn-
nieiits are ])ossibh>, viz: Territorial, .State, or where they are {lisori^auized ex nceessi-
(<(!(■ rei, Militarj-, they vaijuely assume that there may be a foui-tl) sort, which they
call rvurisiimdl (loccrtunents : evidently not comprehending that what are called
"Piovisioiial," under the hiwsof Con.i;ress, are but subordinate parts of military gov-
<Tiiiiients.

11 is idle to argue with persons who contend that a rejected State Constitution with
the laws made under it are as valid as an accepted State Constitution and the laws
made under it.

APPENDIX. yi i

complied with by loyal citizens, viz : Registration, the adoption of a
Constitution, its submission to and approval by Con;_ness, and the
adoption of the proposed Anicndraent to the Constitution of the
United States, show that it was not designed to legalize the work of
rebels unconditionally.

Because, therefore, the Constitution, treaties and lawsf of tlie
United States have been continuously, since Febru;iry 16, 1846,
the supreme law of the land in Texas : because our State Constitu-
tion, (under which Texas or<2;anized on February 16. 1846.) and
laAvs, as they stood on February 1, 1861, have continued to be tlie
municipal law of the land, and for the other reasons stated, no pre-
tended legislation by criminal and incompetent persons, hostile to or
unauthorized by our National and State Constitutions, can be re-
garded as law.

The pretendal 'Maw'' as to which you in(juire was null and void
from the beginning.

Under the Military Reconstruction x\ct and the acts supplemen-
tary thereto, the General in command of this District has not
merely the power to supply the place of any law which may have ex-
pired by its own terms, or become inapplicable in consequence of the
changes wrought by the rebellion, but can make any orders legisla-
tive in their nature, which he may regard as necessary for the
public good.

* Xi)t ('xcc'i>tin£r llio U. R. diroft tax Lnv, of AviiiU.st G, 1S61 ; tho intvvnal rcvonuc law
of .Tulv 1, lS.n>;The law cstahlisliin.i: U. S. Circuit Courts in Texas, of July l.". isf.-j;
the law snspcndiiii,' the running of statutes ol liuiitation iu ca.si-s civil and criminal,
<if .Tunc 11, I.SIU. &c., &c.

The rchils scclv' to get it pstabUsliod, that these acts were not in force in Texas until
E. Kirlty Siiiitli suri-cndered. Coolly as-!Uuiing that the rejecteil Stat<> Constitution of
ISiUi. oil" which the iiretciided laws of isw; dcpciiil, is as valid a>< if it hail 'u-cn ac-
cepted and that, too, in spite of its being based upon a rebel State Constitution, not
upvin our acreju'ed Constitution au<l State lawsastln'y stood on February 1st, 1 Kill,
they rely chiefly on considi'rations of " policy " and tho (jrniniieiiliiiii ah iiiroiirfii-
iciiti. So far a.s " ))(11icy " is concerned, they are referred to the opinion of .Iu<lg<'
Thornton, pulilishcl in the Austin llepulili.-an of September llth. They complain of
h.nnlsiiips and inconvenience. Ky a wicked attempt to subvert the supreme and jnu-
nicii)al law of the hind, they brought .alxait such confusion as exists, and now they
moilestlv ask us. in violation of priaeiV'h" as well as of positive law, to legalize that
confusion, instead of returning to flie simplicity of a Coiistitutiou iiud statute hiw,
■which they -vrerc incouipetciit to ovi-rthrow.

RULES OF THE CONYEiNTION.

RULES OF THE CONVENTION.

EEPORTED BY THE COMMITTEE ON RULES,
JUNE 4, 180S, AND ADOPTED.

{^tiee imges 19, 22, 28.]

DUTY OF THE PRESIDENT.

1. He shall take the chair every day precisely at the hour to
which the Convention shall have adjourned, call the members to
order, and direct the Secretary to call over the names of the mem-
bers. On the appearance of a quorum, he shall have the journals
of the preceding day read.

2. He shall preserve order and decorum ; may speak to points of
order in preference to other members, rising from his seat to do so.
and shall decide questions of order, subject to an appeal to the
Convention by any member ; on -which appeal no member shall speak
more tlian once, unless by leave of the Convention.

3. When a motion is regularly made, which places a question
fiiirly before the Convention, the President shall distinctly put it in
this form, to wit : "As many as are of the opinion tliat (as the case
or question may be) say Aye ;" and after the affirmative is
expressed, " As many as are of tlie contrary opinion, say No." If
the President should doubt, or a division be called for, the Conven-
tion shall divide ; those in the affirmative of the question shall first
rise from their seats, and afterwards those in the negative.

4. The President shall examine and correct the journal before it
is read. He shall have a general direction of the hall ; he shall
have a right to name any person to perform the duties of the chair,
and in case of sickness or inability of the President to discharge the

982 APPENDIX.

duties of his office, the Convention shall be called to order by the
Secretary, who shall direct an election to be held for President j)^'o
tem.^ who shall preside during the absence of the President.

5. All committees shall be appointed by the President, unless
otherwise specially directed by the Convention, in which case they
shall be appointed by ballot ; and if, upon such ballot, the member
or members required shall not be elected by a majority of the votes
given, the Convention shall proceed to a second ballot, in which a
plurality of votes shall prevail ; and in case a greater number than
is required to compose or complete a committee shall have an equal
number of votes, the Convention shall proceed to further ballot or
ballots.

The standing committees of the Convention shall consist of the
ollowing, viz :

A Committee on the Political or Legislative Department.

A Committee on Judicial Department.

A Committee on Executive Department.

A Committee on General Provisions.

A Committee on Finance.

A Committee on Education.

A Committee on Internal Improvements.

A Committee on Immigration.

A Committee on Public Debt.

A Committee on Public Lands.

A Committee on Apportionment.

A Committee on State Affairs.

A Committee on Federal Relations.

A Committee on Printing.

APPENDIX. '983

A Committee on Contingent Expenses.

A Committee on Counties and County Boundaries.

A Committee on Engrossed Provisions.

A Committee on Enrolled Provisions.

A Committee on Style.

A Committee on Engrossed Bills.

A Committee on Enrolled Bills.

A Committee to Examine Comptroller's and Treasurer's Offices.

A Committee on Commerce and IManufacturcs.

6. In all cases of election, or when the yeas and nays shall be
taken by the Convention, the President shall vote. In other cases
he shall not vote, unless the Convention be equally divided, or unless
his vote, if given to the minority, will make the division equal ;
and in case of such equal division the question shall be lost.

7. All declarations, addresses and resolutions shall be signed hy
the President ; and all writs, warrants and subpenas issued by the
Convention shall be under his hand, and attested by the Secretary.

^ 8. In ease of any disturbance or disorderly conduct in the gal-
leries or lobby, the President or the Chairman of the Committee of
the whole Convention shall have power to order the same to be
cleared.

9. Stenographers and reporters wishing to take down the jro-
ceedings may be admitted by the President, who shall assign such
places to them, on the floor or elsewhere, to eiFect their object, as
shall not interfere with the convenience of the Convention.

ORDER OF BUSINESS.

10. As soon as tb.e journal is adopted, the President shall call for
petitions. The petitions, having been presented, received and read,
shall be disposed of as follows :

984 APPENDIX.

1st. Bj motion to reject.

2d. To lay on the table.

3d. To postpone to a certain day.

4th. To commit.

5th. To postpone indefinitely.

The order of commitment shall be :

1st. A Standing Committee.

2d. The Committee of the vrhole Convention,

3d. A Select Committee.

Tlien reports — first from the Standing Committees and then from
Select Committees — shall be called for and di&posed of.
Then declarations and resolutions shall be in order.

11. After petitions, reports from committees, and declarations and
resolutions are gone through, the unfinished business in which the
Convention was engaged at its last preceding adjournment, if any
there be, shall be disposed of Then it shall be in order to enter-
tain a motion that the Convention do now proceed to dispose of the
business on the President's table, and to the orders of the day ;
wliich being decided in the affirmative, the President shall dispose
of—

1st. Simple resolutions.

2d. Declarations on their third reading.

3d. Declarations on first and second readings.

12. After the business on the President's table has been reached.,
no business shall be introduced without leave of the Convention.

13. The orders of the day shall always have precedence when the
hour for considering the same has arrived.

REPORTS.

14. When a committee reports to the Convention a declaration
referred to them, and recommends its passage wiihout amendment,
the report, when submitted to the Convention, shall be read, and.
together with the declaration, shall then be placed in its order on
th.e President's table. If amendments or substitutes for the entire
oi-iginal declaration are proposed by the committee, they shall be
read as being part of the report, and with the declaration, in their
proper place, come up in order for their adoption.

APPENDIX. 985

15. When a declaration originates with a committee, their report
shall be read (including the declaration), winch declaration shall be
marked by the Secretary as being read first time. When the Com-
mittee on Enrolled and Engrossed Declarations report, the question
sliall be on the acccpkDice of the report only. The reports of said
committees shall be in order at any time.

16. When a committee report the indefinite postponement of a
declaration, or anything which may require a vote of the Conven-
tion, the report shall be read and j)laced in its order on the Presi-
dent's table. All reports of committees shall be copied in or
appended to the journals.

DECLARATIONS AND RESOLUTIONS.

17. Every declaration shall receive three several readings in the
Convention previous to its passage. All declarations shall be acted
upon in their order, unless the Convention shall direct otherwise ;
but no declaration shall 1)0 read twice on the same day, witliout
the suspension of the rule by a majority of four-fifths of the Con-
vention.

18. The first reading of a declaration shall be for information ;
and if opposition be made to it, the question shall be, " Shall the
declaration be rejected?"' If no opposition be made, or if the ques-
tion to reject be negatived, the declaration shall be open for commit-
ment.

19. Upon the second reading of a declaration, the president shall
state it as ready for amendment or engrossment.

20. No amendment shall be received at the third reading of a
declaration without the consent of two-thirds of the Convention ; but
a declaration may be recommitted by a majority vote, and should the
committee report an amendment, the declaration shall be considered
as on its second reading.

21. Wh.en the vote is taken to engross, and is negatived, it amounts
to the rejection of the declaration.

22. When a declaration has passed its third and final reading, the
same shall be certified by the secretary, noting the day of its passage

986 APPENDIX.

at the foot thereof; but he shall not certify to the passage of any bill
after the adjournment of the Convention sine die.

RESOLUTIONS.

23. Resolutions shall take the same course prescribed for declara-
tions. A resolution may be introduced at any time, by leave, and
acted upon at the pleasure of the Convention. A resolution request-
ino- information from the (governor of the State, or directinn; it to be
furnished by the heads of either of the executive departments, shall
lie on the table one day for considei'ation, unless otherwise ordered
by the unanimous consent of the Convention ; and all sach resolu-
tions shall be taken up for consideration in the order they were pre-
sented, immediately after reports are called for from the select com-
mittees, and when adopted, the secretary shall cause the same to be
delivered.

24. When the reading of a resolution or any paper is called for,
and the same is objected to by any member, it shall be determined
by a vote of the Convention.

AMENDMENTS.

25. When a committee reports a substitute or other amendment,
the secretary shall read the same. If no proposition be then made
to amend, tiie question shall be on coacurring in the amendment or
substitute.

26. An amendment beyond the second degree shall not be enter-
tained.

27. A substitute, when adopted, takes the place of the original,
and is subject to amendment.

QUESTIONS.

28. Any member may have the question before the Convention
divided, it susceptible of division, into distinct questions, such mem-
ber submitting his proposition to divide in writing, if required by the
President to do so.

APPENDIX. 987

29. It shall require ten meuibcrs to second a motion for the pre-
vious question, which shall be m this form : " Shall the main ques-
tion be now put?" If a majority of the members present vote in the
affirmative, the main question shall be put. Tlie previous question
shall be decided Avithout debate ; and until it is decided, it shall pre-
clude all amendments, motions arid further debate of the main ques-
tion.

DECORUM AND DEBATE.

30. When a member is about to speak in debate, or to communi-
cate any matter to the Convention, he shall rise from his seat, and
respectfully address himself to " Mr. President." He shall confine
his remarks to the question under debate, and shall avoid personality
in his language. When two or more members rise at once to address
the Convention, the president shall name the member who is entitled
to the floor.

31. If a member, in debate or otherwise, transgresses the rules of
the Convention, the speaker shall, or any meml)er may, call him to
order. The member so called to order, shall immediately take bis
seat, unless permitted to explain. The Convention, if appealed to,
shall decide the appeal ; if no appeal be taken, the decision of the
chair shall be submitted'to. If the decision be in flivor of the mem-
ber called to order, he shall be at liberty to proceed ; if otlierwise,
he shall not be permitted to proceed without leave of the Conven-
tion ; and if the case requires it, he shall be liable to the censure of
the Convention.

32. No member shall speak more than twice on the same ques-
tion, unless by leave of the Convention: nor more than once unti
every member, choosing to speak, shall have spoken.

33. If the question pending be lost by the adjournment of the
Convention, and revived on succeeding day, no member who shall
have spoken twice on the pi-eceding day, shall again be permitted to
speak Avithout leave of the Convention.

34. While the President is putting any question, or addressing
the Convention, he shall rise from his seat, and no one shall walk
across or out of the Convention, or entertain private discourses.

35. While a member is speaking, no one shall pass between him
and the Chair.

APPENDIX.

36. No member shall absent himself from the sittings of the Con-
vention without leave, unless in case of sickness.

37. A member may excuse himself from serving on any commit-
tee at the time of his appointment, if he is then a member of three
other committees.

38. No declarations, except those of a general nature, shall be
taken up out of their regular order, unless by consent of four-fifths
of the members present.

39. No member shall look over the Secretary's count while sum-
ming up the vote upon any question, and every member so offending
shall immediately be declared otit of order by the President.

40. Neither smoking within the bar, nor sitting upon tables shall
beallowed ; and no member shall address the Convention from any

other than his own seat, nor wear his hat during the session of the
Convention, nor enter the Convention in his shirt sleeves.

41. Every motion shall be reduced to writing, if the President or
any member requires it.

42. Wiien a motion is made and seconded, it shall be stated by
the President ; or if it is in writing it shall be handed to the Presi-
dent and read aloud by the Secretary before debate.

43. After a motion is stated by the President, or read aloud by
the Secretary, it shall be considered in the possession of the Conven-
tion; but it may, by leave of the Convention, be withdrawn at any
time before it has been amended or decided.

44. When a question is under debate, no motion shall fee received
except the following :

1st. To adjourn.

2d. To reconsider.

3d. To lay on the table.

4th. The previous question.

5th. To postpone to a day certain.

6th. To commit.

7th. To amend.

8th. To postpone indefinitely.

APPENDIX. 989

Which several motions shall liave precedence in the order in which
they are stated.

The same motion, to postpone to a day certain, to commit, or to
postpone indefinitely, after being decided, shall not be again allowed
on the same day, and at the same stage of the declaration or propo-
sitioa.

46. A motion to strike out the enacting words of a declaration
shall have precedence of a motion to amend, and, if carried, shall
be equivalent to a rejection.

47. When a motion is made to refer any subject, and different
committees are proposed, the question shall be taken in the same
order as that prescribed for referring petitions in rule number ten.

48. A motion or proposition on a subject different from that under
consideration shall not be admitted under color of amendment.

49. Motions may be committed or laid on the table at the pleasure
of the Convention.

50. When a motion has been decided by the Convention, any mem-
ber who voted with the majority may move a reconsideration thereof,
on the same day or the succeeding day ; and such motion to recon-
sider shall have precedence of all otiier questions or motions, except
a motion to adjourn ; but no motion to reconsider shall he enter-
tained by the Convention, on any declaration or resolution, more
than once at the same stage thereof. Motions to reconsider a vote
taken on any question, and to lay the same on the table, may be
made simultaneously by the same member : and if the motion to
lay on the table is carried, there shall be no further action on such
question during the session.

51. A motion to lay on the table, or to adjourn, shall Ve decided
without debate ; and a motion to adjourn shall be always in order
except when the previous question shall have been ordered by the
Convention, yet this motion cannot be received after another ques-
tion is actually put, and while the Convention is engaged in voting.
When a motion to adjourn is made, the question shall be put imme-
diately, and no motion to adjourn for a longer or shorter time shall
be received until the first is decided or withdraAvn.

990 APPENDIX.

52. On a motion to fill a blank, the largest sum and the longest
time shall have precedence.

53. No motion to admit any person whomsoever, in the Conven-
tion, to present a petition, memorial or address, or to hear it read,
shall be in order.

54. A motion to strike out, if lost, shall not preclude a motion to
amend, or strike out and insert.

CALLS OF THE CONVENTION.

55. Fifteen members shall be necessary to sustain a call of the
Convention, and upon a call of the Convention, the names of the
members shall be called alphabetically by the Secretary, and the
absentees noted ; after whicU the names of the absentees shall be
called again. If they do not answer, the Sergeant-at-Arms or a
special messenger may be sent for them, and the question pending
shall be, without a motion, laid on the table, until the absentees ap-
pear or the call is suspended.

56. When a member shall be discharged from custody and ad-
mitted to his seat, the Convention shall determine whether or not
such discharge shall be upon payment of fees ; and in like manner
whether or not a delinquent member taken into custody by a special
messenger shall defray the expense of such special messenger.

57. Any fifteen members (including the President, if there be
one,) shall be authorized to compel the attendance of absent mem-
bers,

VOTING.

58. In all cases of ballot, except for committees, a majority of
the votes given shall be necessary to an election ; and where there
shall not be such majority on the first ballot, the ballot shall be re-
peated until a majority is obtained.

59. No member shall vote on any question in the event of which
he is immediately or particularly interested, nor shall he vote in any
case where he was not present when the question was put, except
by leave of the Convention ; and no member who is absent from the
Convention shall be permitted to vote by a committee.

APPENDIX. '991

GO. Upon a division and count of the Convention on. anj question,
no nioniber without the bar shall be counted. Every member who
shall be in the Convention when a question is ])ut shall give his
vote, unless the Convention, for s})ecial reasons, shall excuse him.

61. The yeas and nays of the members of the Convention on any
question shall, at the desire of any three mem1.>ers present, be en-
tered on the journals, if the call is made before the result of the
vote shall be announced by the Chair. In taking the yeas and nays
the names of the members shall l)e called alphabetically.

62. In all cases where other than members of Convention shall be
eligible to office by an election of the Convention, there shall be a
previous nomination.

SERGEANT- AT-ARMS.

63. There shall be a Sergeant-at-Arms elected by the Conven-
tion, M'hose duty it shall be to attend the Convention during its ses-
sion ; to execute the commands of the Convention from time to time,
and all process issued by the authority of the Convention that may
be directal to him by the President.

64. The Sergeant-at-Arms shall be allowed for every ai-rest the
sum of two dollars, and for each day's custody one dollar, and for
traveling expenses for himself or special messenger, twelve and a
half cents per mile for every mile traveled in going and returning.

COMMITTEE OF THE WHOLE.

65. It shall be in order throughout the session for the Conven-
tion to resolve itself into a Committee of the Whole Convention.

66. In forming a Committee of the Whole Convention, the Presi-
dent shall leave his chair, and a Chairman to preside in committee
shall be appointed by the President.

67. The rules of the Convention, as far as applicable, shall be
observed in Committee of the Whole.

68. Upon declarations committed to a Committee of the ^Mlole
Convention, the declaration shall be first read throughout by the
Secretary, and then again read and debated by clauses, leaving the

992 APPE .DIX.

title to be last considered ; the body of the declaration shall not be
defaced or interlined; but all amendments, noting the page and
line, shall be duly entered bj the Secretary on a separate paper, as
the same shall be agreed to by the committee, and so reported to the
Convention ; after report, the declaration shall again be subject to be
debated and read by clauses, before a question to engross it be taken.

SUSPENSION AND RECISION.

69. No standing rule or order of the Convention shall be re-
scinded or changed, without one day's notice being given of the mo-
tion therefor. Nor shall any rule be suspended, except by the vote
of at least two-thirds of the members present. Nor shall the order
of business, as established by the rules ot the Convention, be post-
poned or changed, except by a vote of at least two-thirds of the
members present; -provided, that it shall be in order for the Com-
mittee on Enrolled and Engrossed Declarations to report at any
time.

PAY OF WITNESSES

70. The rules for paying witnesses summoned to appear before
the Convention, or either of its committees, shall be as follows : For
each day a witness shall attend, the sum of two dollars ; for each
mile he shall travel in coming to or going from the place of exami-
nation, the sum of twelve and a half cents each way, but nothing
shall be paid for traveling home, when the witness has been sum-
moned at the place of trial.

71. In all cases not provided for in the foregoing rules, Jeffer-
son's Manual shall govern.

N JJ J1

I XI) EX

'A.

PAGE.

Accounts, various, with i)alauces in the State Treasury to May

31, 1868 35G, 357

Acting Comptroller,, statements of, respecting probable I'eceipts
and expenditures from Treasury, from July 1, 1867, to
June 30, 1868.. 256 to 269

Adams, declaration o;i\'in2; Leo;islature po'wer to irrant general

' coo 1 o o

charters only 391

Adams, declaration respecting the collection of debts contract-
ed during the rebellion 408

Adams, minority report from Committee on State A3airs,
upon Mundine's resolution to extend suffrage to all citi-
zens 580

Adjournment, resolution respecting 419

Adjounmient till December, motions for 710. 711

Adjournment of Convention until first Monday in December. . 944

Alexander, Wm., report to be published (see appendix) 128

Alexander, W., Attorney General, letter from Governor Pease,

respecting repoi-t of (see appendix for report) 129

Alexander, W., Attorney General of Texas, report of, for 1867

(see appendix) 947 to 960

996 INDEX.

• PAGE.

Annotated Constitution of the United States (Pai^clmrs) .... 23

Annotated Constitution (Paschars), report respecting 40

Announcement of death of Hon. W. E. Oaks, a delegate to the

Convention 859

Armstrono^, Georo-e, elected Ena;rossina; Clerk 8

Armstrong, of Jasper, added to Committee on Public Lands. . 118

Armstrong, ox Jasper, protest against passage of resolution au-

thoiizing organization of Militia 131

Armstrong, of Jasper, minority report from Comm.ittee on Po-
litical and Legislative, upon ceitain provisions. . . . 546 to 583

Armstrong, of Jasper, declaration to establish a ferrj across

Powder Horn Ba/ou 6 14

Arm.strong, of Jasper, resolution to commit Long, of Lime-
stone, and Johnson, of Harris, to county jail, pending in-
vestigation of committee upon offenses 681

Armstrong, of Jasper, declaration appropriating Stale tax of

Jeifoison county for 1868, to repair court house 727

Armstrong, of Lam^ar, motion to adopt rules of Convention of

1S66. 9

Armstrong, of Lamar, resolution pro\iding that, under the di-
rection of the President, the seat 3 of deleL'^ites be num-
bered r. 10

Armstrong, of Lam.ar, resolution to refer and print five thou-
sand copies Governor's message 17

Armstrong, of Lamar, motion to print two hundred copies of

State Treasurer s report ••••... 28

Armstrong, of Lamar, resolution asking information respecting
certificates and patents for land, issued to Memphis and
El Paso Railroad Company 20

INDEX. 997

PAGE.
Armstronor, of Lamar, dejlaration for relief of R. S. Brarae. . 58

Anr.stvoug, of Lamar, dcslaration to establish new counties. . . lO-i

Arnjstrong, of Lamar, lesolution apprOj)riatirig fifteen tliousand

doUais to pay provisional civil officers 114

Armstrong, of Lxmar, declaration appropriating tvrenty-five
thousand dollars for the arrest of lawless and desperate
characters 124

Arm-trong, of Lrmar, deolaration relating to Central Railroad

Company 149

Armstrong of Lamar, resolution requiring the Committee on
Printing to have resolutions, etc., after engrossment,
pi inted 152

Armstrong of Lamar, petition from citizens, asking a new

county be formed, named Bourbon 154

Armstrong of Lamar, resolution providing that the Committees
on General Provisions, Lands and Public Debt be autlior-
ized to employ a clerk 156

Armstrong of Lamar, petition from S. B. Bucklev, asking re-
lief ". 158

Armstrong of Lamar, resolution to adjourn sine die 399

Armstrong of Lamar, petition fiom citizens of Fannin and

Lamar 398

Armstrong of Lamar, declaration creating the county of Web

ster ; 398, 399

Armstrong of Lamar, declaration concerning the Memphis and

El Paso Railroad Company 418

Armstrong of Lamar, resolution respecting provisions creating

new counties 473

998 INDEX.

PAGE.
Armstrong of Lamar, resolution to adjourn sine die, action

upon 476

Armstrong of Lamar, resolution providing that after the first
daj of August no new resolution or declaration be intro-
duced 593

Armstrong of Lamar, resolution respecting the introduction of

new business, acted 'upon 621, 622

Armstrono- of Lamar, declaration for creation of county of Rich- ,
land^. 631

Armstrong of Lamar added to Committee on Counties and

Countj Boundaries 771

Armstrong of Limar, resolution providing that reports and

resolutions be only offered at afternoon sessions 785

Armstrong of Jasper, report from special committee upon peti-
tion of John jacksou 863, 864

Annstvong of Lamiir, report from Committee on Public Debt . 948

Austin Kcpublican, Secretary to famish 28, 29

Austin Republican, report and resolution of Committee on
Printing for furnishing Convention daily with twenty
copies to each delegate 49, oO, 51

Austin Republican, motions relating to 62, 74

' Austin Repul)lican. publicrttion of debates 76, 78, 79, 125

Austin Republican, resolution for discantiuuing 245

xlustin Republican, action respecting discontinuing of, except

500 copies 248 to 250

Apportionraont, report from committee on 642, 643

Appointment oi special committee on Millican riot 471

INDEX. 999

PAOIi.

AppointnuMit of speci^il coiiiinittec on sale of railroads 692

Appoiiitincnt of special committee upon Mempliis and El Paso

railroad declarations 763

Appointment of special committee on declaration to lease peni-
tentiary 775

Appointment of special committee to ascertain to what date

reporter lias \yritten up debates 811

Appointment of special committee to visit State Asylums. . . . 812

Appointment of special committee to investigate right of a

member to hold a seat contrary to circular No. 16 816

Appointment of special committee to remain in session during

recess for certain purposes 904 to 906

Ap[)ropria,ting ^125,000 for per diem pay of members and offi-
cers of Convention 110

Approjn-iating $12r)j000 to pay expenses of Convention acted

thereon ' 123. 1 24

Appropriating .yl5,000 for payment of provisional officers un-
der A. J. Hamilton, action thereon 1^3

Appropriating ,'|f;200 to pay expense of framing portrait of Gen.

Sam. Houston, action upon 153

Appropiiating % to pay expenses of committee to investi-
gate affliirs of Penitentiary 173

Appropriation of $100,000 for pay of Convention 232

Approiniations disapproved 509 to 511

Api)ropriating $25,000 for arrest of criminals 619 to 621

Appropri.iting )!f-300 to pa}- funeral expenses of Hon. AV. E.

Oaks " 890

1000 INDEX.

PAGE.

Assistant Doorkeeper dispensed with S

Assistant Sevgeant-at-Arms, election of 6

Assessment of 1867, amount collected upon 348 to 855

Asylums, amounts paid for, since established 370 to 375

Baycu City Railway Company, declaration incorporating. .670, 671

Bell, lesolution for appointment of special committee for a cer-
tain purpose 269'

Bell, declaration to incorporate the Bellville, Hempstead and

Brazos Bridge Company 305

Bellinger, minority report from Committee on Federal Rela-
tions, respecting the relinquishment of El Paso county. . . 171

Bellville, Hempstead and Brazos- Bridge Company, incorpo-
rated 668

Bennett, A. J., elected First Assistant Secretary 4

Bill of Bights 235, 236

Bledsoe, resolution for permission to take '-iron-clad oath" .... 58

Bledsoe, ''ircn-clad oath" administered to 120

Bledsoe, memorial from citizens of Dallas county, respecting

the navigation of Trinity river .

Bledsoe, declaration relating to administrators who received

treasury notes 656

Bledsoe, resolution for appointment of committee of three to in-
quire into condition of certain families fleeing from their
homes, in vicinity of Austin 457

INDEX. 1001

pa(;e.
Blind Asjlinn^ report fjom spccinl committee on 243, 244

Blind Asjduin, report of committeo acted upon 811

Boards of Rogistr;irs, resolution respecting 20, -SO

Boaids of Registrars, reports of Judiciary Committee respect-
ing 41

Board, resoluiion respecting A. P. O'Leary 52

Board, resolution limiting speoclies to ten minutes 728

Board, resolution rer-ipocting acts of Secretary 724

Bolivar Point and Houston Ship Channel Companj^, charter

incorporating 583 to 592

Boyd, resolution relating to newspaper reporters 80

Boyd, resolution respecting newspapers 74

Boyd, resolution for appointment -)f committee to purchase
monument to be erected over remains of General Sam.
Houston 448

Boyd, resolution res^iocting removal of seats of justice 592

Boyd, declaration providing for leasing of Penitentiary 67^

Boyd, minoiit}" report from Committee on Penitentiary. 8G4 to 869

Bramc, R. S., declaration for relief of iHS

Brazos Branch and Ilende son, Marshall and JeffL-rsou railroad

company, repoit upon consolidation of 169

Brown, resolution providing for levying a special road tax. . . . 251
Bryant of Han is, resolution repealing laws granting lands to

railroads.

251

1002 INDEX.

PAGE.
Brjant of Harris, declaration respecting descent and distrilni-

tion of intesLates' estates - 416

Bryant of Harris, resolution respecting persons who bflve taken

life 450

Br jant of Harris, resolution respecting franchises granted by the

Eleventh Legislature , 474

Bryant of Harris, resolution relating to persons charged with

capital offenses 571

Bryant of Grayson, resolution relating to Duff's regiment and

others, providing for disfranchisement of 117

Bryant of Grayson, declaration prohibiting Convention from.

legislating 252

Bryant of Grayson, added to Committee on apportionment .... 644

Bryant of Grayson, resolution providing the members iVsent

twenty minutes to forfeit per diem 665, 666

Bryant of Grayson, resolution for ap[)ointment of coniraittec to

investigate the m.urder of Martin D. Hart 701

Bryant of Grayson, resolution amending rules of Convention

as to its sessions 763

Bryant of Grayson, report fi'om special committee appointed

to inquire into murder of M. O. Hart 829

Bryant of Grayson, report fiom special committee upon murder

of Martii'i D. Hart 900 to 902

Buchanan, General, comraunications from, disapproving certain

appropriations .... 509 to 511

Buekley, S. B., petition of 158

Buckley, S. B., report upon petition of 448

Buffalo Bayou, Brazos and Colorado railroad, dccdaration for

sale of. . : '. 279, 282, 439, 442

INDEX. 1003

PAGE.

Buflflilo Bajoii, Brazos and Colorado ruilroiid, report respecting,

acted upon '. 428. 429

Bulliilo Bnjou, JJrazos iind Colorr.do Railroad Company stricken

out Oi' siil)stitvite in relation to railroads 848

Buffalo .Bayou, Brazos and Colorado Railroad Company, con-
cerning debt of 657 to 659

Buffington, memorial re.-ipecting William R. Storey 34

Buffington, declaration res])ccting ])ack taxes 74

Builiiigton, declaration providing ibr'spoedy collection of fees

of office • • • • 81

Buffington, declaration pioviding for collection of back taxes . . 81

Buffington, resolution amending rules of Convention as to ad-
journment o 391

Buifington. resolution fixijjg day of adjouriimcnt 407, 408

Buffington, resolution requiring committees to discharge clerks 415 '

Buffington, resolution to disciKirge Committee on Penitentiary 506

Buffington, declaration respecting tbe Buffalo Bayou, Bi-azos

and Colorado railroad 944

Burnett, J. R., resolution respecting mail matter for Conven-
tion 18

Burnett, J. R., resolution respecting oath of office 21, 24

Burnett. J. R., r<\-^olution respecting acoptioi: of rules reported

by connnittee 22

Burnett^, J. R., resolution respecting ncAvspapers 29

Burnett. J. R.. resobition for furnishing Paschafs Annotated
Digest of the hnvs of Texas, and lo opoi fc'tate Library to
delegates 45

1004 INDEX.

PAGE.

Burnett J J. 11., resolution of thanks to F. Flake 75

Burnett, J. R., declaration respecting ordinance of secession,

" etc 113

Burnett, J. R., declar.ition relating to the social status of the

citizen 156

Burnett J. R., resolution respecting names of towns and coun-
ties 127

Burnett J. R., petition of Vl. P. Leaverton 175

Burnett J. R., nnnovitj report from Committee on Lands upon

certain resolutions 215

Burnett J. R., substitute to report of Committee on Contin-
gent Expenses respecting lecording of journals 675, 676

Burnett J. R., resoHition to appoint a commiitee to inquire
into facts respecting challenge to fight a duel between
membeis 570

Burnett J. R., resolution re3pe3ting duties of Convention . . . 571

Burnett J. R., declaration requesting commanding general to

abolish countj courts 726

Burnett J. R., minority report from special committee on leas-
ing the Penitcntiaiy 7'S3, 784

Butler J. P.,- i-esolution for appointment of Committee an Cre-
dentials 234

Butler J. P., report from special committee on condition of

Penitentiary ^4, 554

Butler J. P., i-CjWrt fronr committee to investi2;ate financial con-
dition of the Penitentiary ." 803, 809

INDEX. 1005

' G.

PACE.

Cavter F., resolution asking: Congress to reimburse citizens of

Texas for losses l)^'' Indian depredations 76

Carter F., from Committee on Style, repoit from 110

Carter F., re'^olution empovrcritig Committee on Political and

Legislative to employ a clerk 113

Carter F., ro[)ort from Committee on Style. ... 127

Carter F., report from Committee on Style lo5

Carter F., resolution exempting imported machinery from taxa-
tion 135

Carter F., resolution in relation to reserve of iNIcmpliis and El

Paso liailroad bonds 142

Carter F., report from Committee on Style 183

Carter F., report from Committee on Style 408

Carter F., from Cinnmittee on Political and Legislative upon

certain resolutions 487

Carter F., report from Committee on Political and Legisla-
tive 5G0, 570

Caiter F., resolution to pay Hon. E. J. Davis, President, ^16

per day 594

Carter F., resolution providing that counties shall be 600

square miles 657

Carter F., resolution respecting calling the yeas and nays. . . . 727

Carter F.. motion of adjournment in lespect to Hon. Thaddeus

Stevens ' 732

Carter F., petition respecting indigent persons 825

1006 INDEX.

fAGE.
Carter F., resolution respecting recess 827

Carter '¥., report from special committee on IVIempliis and El
Paso Railroad upon opening reservation to settlement and
entry 809, 811

Caldwell C, re.^olution respecting reporter for the Convention. 10

Caldwell C; report from committee respecting reporter for Con-
vention 19

Caldwell C, resolution for select committee on lawlessness and

violence ' 30

Cakhvell C, resolution granting the privilege of the floor to

certain officials 75

Caldwell C, declar:ition in relation to railroads 107

Caldwell C., resolution authorizing Committee on Lawlessness

and Crime to employ a clerk 108

Caldwell C, report from Committee on Lawlessness and Vio-
lence 110, 111

Caldwell. C, report from Committee on Lawlessness and Vio-
lence 193 to 203

Caldwell, C., motion to refer communication and declaration of
Governor Pease for leasing the penitentiary to select com-
mittee 775

Caldwell, C, report from special committee upon Governor

Pease's declaration to lease the penitentiary 782 to 784

Caldwell, C, resolution relinquish irjg State tax of Montgomery

county for 1808 831

Caldwell, C, declaration levying a tax to pay expenses of

Convention, respecting 860 to 862

Caldwell, C, resolution for appointment of committee and

secretary to remain in session during recess 904 to 906

IXDEX. lOOT

Central Raili'oad Company, doclaiation in rcLiiioii to 149

Central llailroad Cojupany, deelaration for relief of 88G, 887

Clir.plain, eleetion of 9

Commanding General invited to a scat on the floor 32

Connnanding General, requesting his approval of appropriation

to pay Convention 106

Committees, resolution for appointment of 11

Committee appointed to wait upon Major General Reynolds and
Governor E. M. Pease to inform them of the organization
of the Convention 9

Committees of the Convention — Appointment of Stand-
ing Committees. .' 25, 2(>, 82, 3-1, 38

Poliiical or Lcgislalive : Caldwell, Chairman, Armstrong of
Jasper, Flanagan, "Webster, Carter, Ruby, Grigs^y,
Degener, Lippard, Butler.

Judiciary : Hamilton of Travis, Chairman, Caldwell, Lind-
say, Gray, Buinett, Evans of McLennan, Fayle, Mullins,
MeCormick, Pedigo.

General Provisions : Hamilton of Bastrop, Chairman, Whit-
more, Flanagan of Rusk, Sorrell, Varnell, Newcomb,
Smitii of Galveston, Phillips of Wharton, Armstkong of
Lamar. .

Executive : Lindsay, Chairman, ^lunroe, Phillips of San
Augustine, Rogers, ]Mills, Boyd, Thomas. Yaughan, Wil-
liams.

Finance: Wndtniore. Chairman. Pedigo, Mackey, Johnson of
Calhoun, Gleiui, Bryant of Grayson, McWashington,
Jordan, Sloekbridge.

Education : Talbot, Chairman, Sehuetze, Leib, Constant. Long,
Cole, Kcaly. Ruby, MeCormick.

1008 INDEX.

PAGE.

•Committees — contim'.ed.

Internal Improvemerds : Flanagan, Cliairman. Smith of Gal-
veston, Bell, Board, Jordan, Wilson of Milan. Downing,
Wright, Patten.

. I mnilg ration : Degener, Chairman, Schuetze, Foster, Smith of
iVlaiion, Wilson or Erazoiia, Morse, Curtis.

Public Debt : Armstrong of Lamar, Chairman, Hamilton of
Bastrop, Harn, Joimsou of Harrison, Kirk, Mundme,
Keigwui.

Public Lands : Lippard, Chairman, Oahs, Bojd, Kendal,
Johnson of Calhoun, Burnett, Hunt.

Apportionment: Yaruell, Chairman, Gaston, Bryant of Har-
ris, Brown, Hamilton of Travis, Wright, Yarborough,
Smith or' Galveston, Evans of McLennan, Kuechler, vV.
i'lanagan.

Stale Affairs : Graj, Chairman, Buffmgton, Bledsoe, Adams,
Fleming, Home, Hunt, Waters, Harris.

P'ederal Relations : Evans of McLennan, Chairman, Bellin-
ger, Sumner, Scott, Kirk, Kuechler, Patten, Posey, Cole-
man.

Printing: Thom.as, Chairman, Newcomb, Phillips of San
Augustine, McCormiek. Mills, Vaughan, Goddin, Buf-
fington.
•

Contingent Expenses : McCormiek, Chairman, Grigsbj,
Adams, Keily, Butler.

Commerce and Manufactures : Phillips of Wharton, Chair-
man, Carter, Posej. Patten, Talbot, Bell, Muliins.

Cannties and County Boundaries : Pedigo, Chairman, Wil-
son of Brazoria, Fleming, Kuechler, Sorrell.

Examining Comptrollcr\'i and Treasurer'' s Office: Smith
of Galveston, Chairman, W. Flanaga-n of Rusk, Butler,
Leib, Armstrong of Jasper.

INDEX. 1009

PAGE.

Committees — concluded.

Committee on Engrossed Provisio7is : Munroe, Cbairman.
Havn, Goddin, Scott, Wright.

Conimiitee on Enrolled Provisions : Fayle, Chairman, Bled-
soe, Bellinger, Yarborough.

Committee on Style : Carter, Chairman, Buffington, Hamilton
of Travis, Pedigo, Newcomb.

Special Committees —

Lawless?iess tvid Violence : C. Caldwell, Chaii'man, Whit-
more, Sumiier, Evans of McLennan, Bledsoe, Cole, Bell.

Engrossed Provisions : Munroe, Chairman, Harn, Goddin,
Scott, Wriglit. .

Enrolled Provisions : Fayle, Chairman, Bledsoe, Bellinger,
Yarborough.

Style : Carter, Chairman, Buffington, Hamilton of Travis,
Pedigo, Newcomb.

Division of the State : Munroe, Chairman, Degener, Johnson
of Calhoun, Wilson of Brazoria, Slaughter, Pedigo, Ruby,
Armstrong of Lamar, Kealy, J. W. Flanagan, Vaughan,
Kuechler, Mullins, Rogers.

Committee on Rules, appointment of 10

Committee on Rules, time extended to report 10

Committee on Rules, report from (see appendix) 19

Committee on Rules, report of adopted (see appendix) 25

Committee on Credentials, for appointment of 23 to 24

Committees, resolution to provide rooms for 32

Committee on Political and Legislative to employ a clerk . . . 113
64

1010 INDEX.

PAGE.
Conimittee on Political and Legislative report upon certain res-
olutions 487

Committee on Political and Legislative, report from committee

on 560 to 570

Committee on Political and Legislative, report acted upon . 853 to 858

Committee on Political and Legislative, action upon report

of 879 to 885

Committee on Judiciary, report from, respecting sheriff's sales . 66

Committee on Judiciary, report from 465 to 470

Committee on Judiciary, report from respecting Paschal' s Di-
gest, acted upon 693 to 694

Committee on Judiciary, report from, upon mechanics' liens . . 766

Committee on General Provisions, the Public Lands and the

Public Debt, to employ a clerk 156

Committee on General Provisions, report from 233 to 243

Committee on General Provisions, protest against postponing

consideration of report of ' 250

Committee on General Provisions, report fi-om on sundry reso-
lutions 303 to 304

Committee on General Provisions, Mr. Williams added 926

Committee on General Provisions, respecting divorce to Henry

Dodsfeld 531

Committee on General Provisions, reporting new sections to

constitution 531 to 532

Committee on General Provisions, report from upon certain

resolutions 538

INDEX. 1011

PAGE.

Cou mittee on General Provisions, report from, acted upon . 572 to 577

Committee on General Provisions, report acted upon .... 662 to 663

Committee on General Provisions, report of committee acted

upon 632

Committee on General Provisions, action upon report of com-
mittee on 647

Committee on General Provisions, report of action there-
on 667 to 669

Committee on General Provisions, report acted upon. . . .692 to 693
Committee on General Provisions, report of acted upon . . 695 to 698

Comm.ittee on General Provisions, report of committee acted

upon : 702 to 705

Committee on General Provisions, report of acted upon. . 706 to 709

Committee on Genera.1 Provisions, report from, recommending

new sections to constitution 715

Compiittee on General Provisions, report of acted upon 714

Committee on General Provisions, report of committee acted

upon 717 to 723

Committee on General Provisions, report acted upon .... 728 to 732
Committee on General Provisions, report acted upon .... 743 to 757

Committee on General Provisions, reports from upon certain

resolutions 765

Committee on General Provisions, report acted upon .... 775, 777

Committee on General Provisions, report acted upon .... 785, 789

Committee on General Provisions, report acted upon .... 793, 798

10 1 2 INDEX.

PAGE

Committee on General Provisions, report of respecting acts of

incoiporations passed in 1866 799

Committee on General Provisions, report acted upon. . . .816, 825

Committee on Executive Department, report from 296, 302

Committee on Executive Department, action upon report of. . . 457

Committee on Executive Department, report from Committee

of the Whole 477, 482

Committee on Executive Department, action upon report

of 557, 558

Committee on Executive Department, action upon report of . . . 572

Committee on Executive Department, action upon report

of 595, 597

Committee on Executive Department, report acted upon. .623, 625

Committee on Executive Department, report acted upon 632

Committee on Executive Department, report acted upon. .645, 647

«
Committee on Finance, report from upon declaration appropriat-
ing ^25,000 for arrest of desperadoes 132

Committee on Finance, report from upon resolution to paj civil

provisional officers 133

Committee on Finance, report from upon discharging reporter

and discontinuing newspapers 261

Committee on Finance, report from upon exempting from taxa-
tion places of worship, public charities, &c 262

Committee on Finance, minority report from recommending

discharge of reporter 262

INDEX. 1013

PAGE.

Committee on Finance, respecting official reporter, action

thereon 419

Committee on Finance, report from upon petition of S. B.

Buckley 448

Committee on Finance, reports from upon certain resolu-
tions 471, 472

Committee on Finance, report from upon the puljlic accounts of

Texas 597, 608

Committee on Finance, minority report from respecting the

railroads ^.'608, 609

Committee on Finance, minority report from respecting appro-
priation of .$15,000 and ^"25,000 618

Committee on Finance, report of respecting ^25,000 to arrest

criminals acted upon . . . . o 619, 621

Committee on Finance, report recommending payment of James

Cassiday " 741

Committee on Education, report from 265 266

Committee on Education, report from upon resolution of J.

Schuctze 413

Committee on Education, report from 482, 486

Committee on Education, report from 609, 614

Comniittee on Education, report of respecting appointment of

committee to visit State asylums acted upon 812

Committee on Education, motion to reconsider vote postponing

consideration of report 891, 892

Committee on Education, report of acted upon 896, 899

Committee on Education, report of acted upon 910, 918

1014 INDEX.

PAGE.

Committee on Education, report of acted upon 930, 932

Committee on Internal Improvements, to enquire into condition

ot railroads 48

Committee on Internal Improvements, report from respecting a

tax on counties for railroad purposes 270

Committee on. Internal Improvements, report from upon indebt-
edness of the railroads to the State 270, 282

Committee on Internal Improvements, report in relation to the

International Railroad 413, 414

Committee on Internal Improvements, upon International Rail- ]

road charter, action upon 429, 435

Committee on Internal Improvements, Messrs. Fayle and Evans,

of Titus, added 426

Committee on Internal Improvements, report from respecting
Buffalo Bayou, Brazos, and Colorado Railroad Company,
acted upon 428, 429

Committee on Internal Improvements, report from recommend-
ing sale of certain railroads 439,- 443

Cammittee on Internal Improvements, report of respecting sale
of Buflalo Bayou, Brazos and Colorado Railroad, and
other railroads, action upon 490, 496

Committee on Internal Improvements, minority report from |

respecting sale of railroads 491, 4^6

Committee on Internal Improvements, substitute for reports of

concerning sale of railroads, (Evans. A. J.) 507, 508

Committee on Internal Improvements, substitute for report of

concerning sale of railroads, (Lindsay's) 508, 509

Committee on Internal Improvements, upon the Pacific Rail-
road Company, action thereon 556

INDEX.

1015

PAGE.

Committee on Internal Improvements, report on Iiitcruation.al

Pacific Railroad, action taken 633, 639

Committee on Internal Improvements, report from respecting
Mexican Gulf -Railroad and extending relief to railroad
companies 654, 655

Committee on Internal Improvements, report respecting Mexi-
can Gulf Railroad Company, acted upon 694. 695

Committee on Internal Improvements, report from respecting

Houston Citj Railroad Company 705

Committee on Internal Improvements, report relating to Intei"-

national Pacific Railroad Company, acted upon 709, 713

Committee on Internal Improvements, respecting sale of rail-
roads, action upon the vote laying report of upon the
table 843. 850

Committee on Internal Improvements, report upon supplemental
declaration in relation to railroads of August 10, 1868
870, 871

Committee on Internal Improvements, report from respecting

special tax on Dallas county 870

Committee on Internal Improvements, report of respecting

Texas Central Railroad Company 900, 909

Committee on Immigration, report of 162, 169

Committee on Public Debt, report of; 943

Committee on Lands, Armstrong of Jasper added thereto. ... 118

Committee on Lands, report from upon certain resolutions. ... 214

Committee on Lands, minority report from upon the right of

owners of lands to minerals 215

Committee on Lands, report from respecting defalcation of

Stephen Crosby, late commissioner 217

1016 INDEX.

PAGE.

Committee on Apportionment, Bryant of Grayson, added 644

Committee on Apportionment, Mr. Degener added 419

Committee on State Affairs, report of, defining powers of the

Convention 54

Committee on State Affairs, report upon petition of W. R.

Storey 55

Committee on State Affairs, report of, defining powers of Con-
vention, acted on 138

Committee on State Affairs, report upon resolution respecting

police regulations of Galveston 511

Committee on State Affairs, report from, respecting monument

on battle-field of San Jacinto 533, 534

Committee on State Affairs, minority report from, on Mun-

dine's resolution to extend suffrage to all citizens. .581 to 583

Committee on State Affairs, majority report from, on Mundine's

resolution to extend suffrage to all citizens 577 to 580

Committee on State Affairs^ report from, upon location of capi-
tal after 1870 559

Committee on State Affairs, report upon report of Committee

on Penitentiary 627

Committee on State Affairs, report from, upon referred resolu-
tion ' 628

Committee on State Affairs, report upon declaration to incorpo-
rate the Germania Club 671

Committee on State Affairs, report from, respecting paupers. . 700

Committee on State Affiiirs, reportsfrom, respecting the incor-
poration of Fredericksburg 800 to 802

INDEX. 1017

PAGE.
Committee on State Affairs, report upon relinquishing State

tax of county of Erath 826, 827

.Committee on Federal Relations, report from, agreeing to relin-

quisli jurisdiction over El Paso countj 155

Committee on Federal Relations, minority report from, respect-
ing the relinquishment by the State of El Paso county. . 172

Committee on Federal Relations, report of, upon relimiuish-

ment of El Paso countj, action thereon 174

Committee on Federal Relations, report of, upon relinquishment

of El Paso county, action thereon 181

Committee on Federal Relations, ceding county of El Paso to

the United States, action thereon 205, 206, 207

Committee on Federal Relations, upon report to cede El Paso

county to the United States, action thereon 287

Committee on Federal Relations, report from, recommending

bounty to United States soldiers from Texas 294 to 296

Committee on Federal Relations, report from, respecting ceding

to United States certain territory ^^tt|i^' ^^^

Committee on Federal Relations, in relation to losses sustained

by citizens on frontier 395, 396

Committee on Federal Relations, report from, respecting the
relinquishment of jurisdiction over El Paso county, O'.^tion
upon 758 to 761

Committee on Fe^leral Relations, report of, granting land to

United States soldiers, acted upon 845 to 847

Committee on Piinting, report from, relating to newspapers ... 89

Committee on Printing, minority report from, in relation to

neAvspapers 89

1018 INDEX.

PAGE.
Committee on Printing, report from, to print two thousand

copies Governor's message 39

Committee on Printing, report from 78.

Committee on Printing, report from 112

Committee on Printing, report of, concerning maps, acted on. . 137

Committee on Printing, report from, upon Austin Republican

and San Antonio Free Press ». . 263

Committee on Contingent Expenses, report from, respecting per

diem pay cf delegates and officers of the Convention .... 35

Committee on Contingent Expenses, report from, in relation to

Paschafs Annotated Constitution 40

Committee on Contingent Expenses, report from, respecting ap-
propriation for payment of members and oflScers of Con-
vention , 110

Committee on Contingent Expenses, report from, in relation to

pages, messengers and porters 122

Committee on Contingent Expenses, report from, in relation to

enrolling and engrossing clerks 122

Committee on Contingent Expenses, repoit from, on framing

of Sam Houston's portrait 141

Committee on Contingent Expenses, report from, upon pay-
ment of expenses of committee to investigate affairs of
Penitentiary 192

Committee on Contingent Expenses, recommending discharge

of reporter of Convention 263

Committee on Contingent Expenses, report from, upon record-
ing of journals 304

Committee on Contingent Expenses, report from, on claim of

A. G rigsby, for extra mileage 423

INDEX. 1019

PAGE.

Committee on Contingent Expenses, report from, respecting

pay of postmaster of Convention ' 428

Committee on Contingent Expenses, report upon recording tlie

journals by the secretary ." 475

Committee on Contingent Expenses, report from, respecting re-
cording of journal 499

Committee on Contingent Expenses, report of, respecting of-
ficial reporter, acted upon 621

Committee on Contingent Expenses, report of, respecting of-
ficial reporter, acted upon 6S0 to 682

Committee on Contingent Expenses, report of, upon appropriat-
ing twenty-five thousand dollars for payment of expenses of
Convention 792, 798, 799

Committee on Contingent Expenses, respecting appropriation of
one hund]-ed and twenty-five thousand dollars to pay Ex-
penses of Convention acted upon 7 79 to 781

Committee on Contingent Expenses, report from, respecting

payment of B. F. Stokes, copying clerk 863

Committee on Counties and County Boundaries, reports

from 423 to 425

Committee on Counties and County Boundaries, report

from 583 to 588

Committee on Counties and County Boundaries, report of, act-
ed upon 648 to 650

Committee on Counties ar.d County Boundaries, report from,

respecting bouud;iry line of Comal county 699

Committee on Counties and County Boundaries, report recom-
mending forming of county of Haines 719

Committee on Counties and County Boundaries, report from,

respecting area of new counties 732, 733

1020 INDEX.

PAGE.
Committee on Counties and County Boundaries, respecting line

between Burleson anu Brazos counties 7-42

Committee on Counties and County Boundaries, report of, upon

creation of the county of San Jacinto 765

Committee on Counties and County Boundaries, action upon re-
port of : ; 892

Committee on Lawlessness and Violence, report of 193 to 203

Committee on Lawlessness and Violence, report from . . . 500 to 505

Committee on Engrossed Provisions, reports from

134, 170, 396, 653, 943

Committee on Enrolled Provisions, reports from

140, 158, 260, 531, 698, 699

Committee on Style, reports from 109, 127, 135, 183, 408

Committee on Division of the State, Messrs. Munroe and Evans

of Titus, added thereto 118

Committee on Division of the State, report from 144

Committee on Division of the State, reports from, upon certain

resolutions 147, 148

Committee on Division of the State, action upon report of

,160, 161, 162

Committee on Division of the State, action upon report 254

Committee on Division of the State, action upon 229

Committee on Division of the State, action upon motion to

postpone con.ijideration of report indefinitely. . . .287, 288, 289

Committee on Division of the State, report of acted upon.. 309 to 312

Committee on Division of the State, report from, as to relin-
quishment of State jurisdiction over El Paso county .... 500

INDEX. ' 1021

PAGE.

Committee on Commerce and Manufactures, report from 151

Committee on Commerce and Manufactures, report from, ex-
empting machinery from taxation, action on 204

Committee on Commerce and Manufactures, report from, re-
commending the encouragement of manufactures .... 733, 734

Committee on Political Disabilities, report of 226, 227

Committee on Political Disabilities, action upon report of . . . . 232

Committee on Political Disabilities, report from 511 to 526

Committee on Political Disabilities, report of acted upon.. 925 to 929
Committee on Investigation of Penitentiary, appointment of. . 74
Committee on Penitentiary, C. D. Harn added 128

Committee on Penitentiary, report to pay expenses of 192

Committee to Investigate Condition of Penitentiary, report

from 534 to 554

Committee on Penitentiary, report from 748

Committee on Penitentiary, minority report of 864 to 869

Committee to Investigate Millican Riot, appointment of 471

Committee to Investigate Millican Riot to employ a clerk .... 487

Committee on Millican Riot, Constant added 594

Committee to visit Blind Asylum, appointment of 177, 178

Committee to visit Blind Asylum, report of acted upon. . 811

Committee appointed to visit families in the vicinity of Austin 458

Committee to investigate murder of M. D. Hart, appointment

of 702

1022 INDEX

PAGE.
Committees, clerks of, resolution for discharge of 415

Committee of the Whole, upon Federal Relations 120

Committee of the Whole, upon report of Committee on Fed-
eral Relations 128

Committee of the Whole, upon report of Committee on Fed-
eral Relations 138

Committee of the Whole, upon report of Committee on Fed-
eral Relations 1^0

Committee of the Whole upon report of Committee on Federal

Relations 154, 157

Committee of the Whole upon report of the Committee on Di-
vision of the State 162

Committee of the Whole upon report of Committee on Federal

Relations 173

Committee of the Whole upon division of the State 180

Committee of the Whole upon division of the State 190

Committee of the Whole upon judiciary department 470

Committee of the Whole upon executive report 457

Committee of the Whole upon report of the Committee on Ex-
ecutive Department 477

Committee and secretary to remain in session during recess,

resolution respecting. 904 to 906

Commissioner of General Land Office to issue patents free in

certain cases 43

Commissioner of General Land Office, report from 82 to 103

Comptroller, report from, respecting finances of the State .... 208

INDEX. 1023

PAGE.

Comptroller, Acting, communication from, transmitting cer-
tain statements and reports 314, 315

Comptroller's report , • • • • ^16 to 390

Statements —

Statement showing the assessment of taxes in each county

for 1867 316 to 346

Statement of cost of collection of taxes under existing

laws 347

Statement of amount collected upon assessment of
1867 348 to 355

Statement of the different accounts, with receipts from 4th
September, 1867, and balances to each account on
the 31st May, 1868 356, 357

Statement of warrants drawn by Comptroller from Sep-
tember 6, 1867, to May 1, 1868 358 to 363

Statement of public debt 364 to 368

Statements from reports of railway companies made to

Comptroller under act of February 7, 1853 369

Statement showing the indebtedness of the raiboads to the

State, and amounts remaining unpaid 369

Statement of amounts paid for asylums from their estab-
lishment to June 1, 1868 370 to 375

Statement of amounts paid for penitentiary fi*om its estab-
lishment to June 1, 1868 376 to 382

Statement of amount and character of funds paid for

school lands during the rebellion 383 to 385

Statement of license and occupation taxes returned for the

year 1867 386 to 389

1024 INDEX.

PAGE.

Statement of taxes assessed for the year 1867 390

Comptroller, report from, as to political status of employes in

office 459 to 461

Communication from State Treasurer to Convention 26

Communication from Governor E. M. Pei'se respecting appro-
priation of .^1 25,000 for pay of C'')i! ■.ention, and report
of William Alexander, Esq 129

Communication from A. Siemering & Co. respecting San An-
tonio Express ' 269

Communication from Governor E. M. Pease transmitting letter

from Acting Comptroller of Public Accounts 313

Communication from Governor Pease respecting the peniten-
tiary 771 to 773

Congress asked to reimburse Texas citizens for losses by Indian

depredations 76

Congress, requesting a change in reconstruction acts for certain

purposes 29, 30

Cole, minority report from Committee on Lawlessness and Vio-
lence ■ 214

Cole, minority report from Committee on Lawlessness and Vio-
lence 505

Cole, action upon arrest of 406

Coleman, resolution calling for information as to the status of

employes in the departments 306

Coleman, resolution respecting employes in the offices of the

State government, action upon 427

Curtis, resolution for appointment of a committee of safety ... 447

INDEX, 1025

PAGE.

Curtis, resolution for appointment of committee to inve.'^tigiite

Millican riot 463 to 465

Convicts, list of, in Penitentiary 536 to 544

Constant, resolution requiring no educational qualification for

voters 555

Constant, added to committee on Millican riot 594

Constant, resolution respecting cajiitation tax on the canine

species 594

Constitution, resolution respecting 31

Constitution of 1845, resolution for adoption of 75

Constitution as fiir as passed to be published in certain ncAvs-

papers 888

Constables" sales, declaration to suspend 31

Counties, declaration for establishing 104

County of Bourbon, petition for formation of ir4

County courts, declaration repealing organization of . . . . 444 to 446

County courts, resolution repealing organization of acted

upon 902, 903

Convention, rules of Convention of 1866 to govern 9

Convention, committees of 11

Convention, rules governing adopted 22

Convention, standing committees of 25

Convention journals, publication of ol

Convention, powers of defined 54

1026 INDEX.

PAGE.

Convention, journal of, contract for publishing 60

Convention, reporter of, communication from 6'S

Convention journals 62

Convention, debates of, resolution for publishing 63

Convention, pages and messengers thereof 108

Convention, debates of to be published 125

Convention, rules for governance of 121

Convention, rules governing amended 13T

Convention, hours of sessions of 182

Convention, carrying of concealed weapons prohibited 248

Convention, rules of, resolution to amend 308

Convention, rules governing sessions of amended 629 to 631

Convention, rules as to paj of absent members amended 660

Convention, tax bill to pay expenses of 860

Convention tax bill, action upon 879

Convention, respecting delegates who have drawn pay as such

and as State officials 903, 904

Convention, adjournment until first Monday m December .... 944

Convicts, statements of as to offences .545, 554

Credentials, committee on for appointment of .23, 24

Crosby, Stephen, late Land Commissioner, defalcation of report

upon

217

INDEX. 1027

PAGE.

Daniel, H. G., resolution to pay 399

Davis, E. J., elected President 3

Davis, E. J., resolution authorizing the secretaries to order cer-
tain newspapers 61

Davis, E. J., sections to be incorporated into judicial depart-
ment 112

Davis, E. J., declaration respecting Legislatures since Febru-
ary, 1861 188

Davis, E. J., resolution providing for the selection of Messrs.
M. C. Hamilton and Caldwell to proceed to Washington
upon certain matters 213^

Davis, E. J., resolution providing for sending Messrs. Hamil-
ton and Caldwell, action thereon 221, 224

Davis, E. J., resolution to amend rules of Convention 308

Davis, E. J., resolution amending rules of Convention, action

thereon 401

Davis, E. J., substitute for report of Committee on Internal

Improvements upon International Railroad 421

Davis, E. J., resolution to take a recess till December. . . .644, 645

Davis, E. J., resolution providing for a recess and amending

order of business, acted upon 683, 686

Davis, E. J., resolution providing that notice of six months

be given before sale of railroads bj the Governor : . . , . 941

Deadly weapons, resolution respecting 142

Debates of Convention, resolution for publishing 63

Debates of Convention, for publication of T6

1028 INDEX.

PAGE.

Debates of Convention, publication of 78

Debates of Convention, respectins; 125

Debtor, rights of to redeem property upon certain conditions,

resolution respecting 136

Debts incurred in aid of rebellion, declaration respecting 113

Declarations —

Declaration to suspend sheriffs' and constables' sales 31

Declaration making an appropriation for the per diem pay

of delegates and officers 35

Declaration respecting lawlessness and violence 43

Declaration for relief of R. S. Brame • 58

Declaration respecting back taxes . . . 74

Declaration respecting formation of corporations 80

Declaration providing for collection of fees of office 81

Declaration providing for collection of back taxes 81

Declaration to establish new counties 104

Declaration in relation to railroads 107

Declaration appropriating ^125.000 for per diem pay of

members and officers of Convention 110

Declaration respecting Ordinance of Secession and debts

incurred in aid of rebellion 113

Declaration in relation to citizenship 117

Declaration providing that no person shall be deprived of

recreation on any day of the week 124

INPEX. 1023

PAGE.

Declarations — continued.

Declaration appropriating ^25,000 for the arrest of lawless

and desperate characters 124

Declaration in relation to loyal Ministers of the Gospel. . 127

Declaration to provide for the division of the State of

Texas 136

Declai'ation respecting punishment of petty crimes 142

Declaration relating to mineral substances, and defining
owners thereof 148

Declaration authorizing counties to aid in the construction

of railroads 149

Declaration relating to citizenship 149

Declaration relating to Central Railroad Company 149

Declaration relating to property qualifications to hold office

and vote 150

Declaration respecting the rights, privileges and immuni-
ties common to citizens 152

Declaration concerning civil suits since 1861 until recogni-
tion by Congress 152

Declaration relating to militia and bearing arms 152

Declaration providing for a geological bureau 156

Declaration exempting from taxation school houses, houses

used for worship and houses of public charity, etc . . . 156

Declaration providing that the social status of the citizen

shall never be a subject of legislation 156

Declaration respecting the policy in granting settlement

rights upon the public lands 157

1030 INDEX.

PAGE.

Declarations — continued.

Declaration setting apart one-fourth of the annual tax of

the State for education 158

Declaration respecting the rights and privileges of rail-
road companies 173

Declaration appropriating dollars to pay expenses of

Committee on Penitentiary 173

Declaration suspending sale of school lands by police courts 178

Declaration granting lands to actual settlers 179

Declaration authorizing the Governor to sell to the Uni-
ted States parts of the State 183

Declaration providing for the punishment of peculation, em-
bezzlement, or public fraud of any kind 183

Declaration relating to school fund of the State 185

Declaration granting bounty to United States soldiers. . . 186

Declaration respecting Legislatures of Texas since Febru-
ary, A. D. 1861 188

Declaration providing that after 1870 Waco shall be tlie cap-
ital of Texas 209

Declaration providing against discrimination on account of

race or color by officers of courts 210

Declaration respecting charters and special privileges .... 21 1

Declaration respecting children born out of wedlock .... 217

Declaration respecting ordinances and resolutions passed by

any Convention, to be null and void 221

Declaration respecting city of Galveston 228

INDEX. 1031

' PAGE.

Declarations — continued.

Declaration respecting those who shall be deemed quali-
fied to practice medicine 251

Declaration prohibiting Convention from legislating .... 252

Declaration prohibiting the passage of ex post facto

laws, etc. 252

Declaration providing that all sects in religion shall be

protected by law 267

Declaration respecting committee room number three. . . . 267

Declaration providing for the sale of the Buffiilo Bajou,
Brazos and Colorado railroad, the Texas and New
Orleans railroad, and the Southern Pacific railroad 279

Declaration for sale of Bufialo Bajou, Brazos and Col-
orado railroad 279 to 282

Declaration for sale of the Southern Pacific railroad 279 to 282

Declaration for sale of the Texas and New Orleans rail-
road 279 to •282

Declaration for sale of the Houston Tap and Brazoria

railroad 282

Declai'ation relating to contracts, deed or aonveyance, when

consideration was Confederate treasury notes 396

Declaration giving Legislature power to grant general

charters only 391

Declaration to incoq^orate the Bellville, Hempstead and

Brazos Bridge Company 305

Declaration to dissolve the bonds of matrimony of Henry

Eodefehi 305

Declaration respecting equal rights upon public convey-
ances • •126

1032 INDEX.

PAGE,

Declarations — continued.

Declaration providing for the sale of certain rail-
roads 439 to 443

Declaration respecting oath of office 446

Declaration providing that suits may be brought by the

State 408

Declaration respecting descent and distribution of intes-
tates' estates 416

Declaration incorporating Northern Texas Railway Com-
pany 450 to 456

Declaration from Committee on Education for sale of rail-
roads 485, 486

Declaration creating the county of Oakland 422,

Declaration respecting redress for grievances by peti-
tion 409

Declaration concerning Memphis and El Paso Railroad

Company 418

Declaration respecting debts contracted during the rebel-
lion 408

Declaration respecting mechanics' liens 426

Declaration in relation to International railroad ... .413, 414

Declaration repealing the act of 1866, organiziBg county

courts 444 to 446

Declaration for creation of county of Paschal 424

Declaration for establishment of manual labor poor

houses 425

Declaration respecting dueling 417

INDEX. 1033

PAGE.

Declarations — conti?tued.

Declaration proposing new sections to the Constitution re-
specting freedom of speech, etc 415

Declaration respecting homestead . .• 416

Declaration for creation of Richland county 444

Declaration memorializin;]; Congress to extend the Bank-

rupt Act 417

Declaration to incorporate the Bellville, Hempstead and

Brjan Bridge Company 472, 473

Declaration respecting San Antonio and Mexican Gulf

Railroad Company 555, 556

Declaration respecting captives held by Indians 593, 594

Declaration creating the county of Oakland 585, 586

Declaration creating the county of White 587, 588

Declaration creating the county of Delta 586, 587

Declaration creating the county of Richland 587

Declaration creating the county of Webster 584, 585

Declaration for establishment of ferry across Powder Horn

bayou 644

Declaration concerning the Buffalo Bayou, Brazos and

Colorado Railroad Company 657 to 659

Declaration defining the Legal Tender Act of 1861-2. . . 609

Declaration providing that debtors may redeem property

sold 657

Declaration creating the county of San Jacinto 656

1034 INDEX.

PAGE.

Declarations — continued.

Declaration to incorporate the Bayou City Railway Com-
pany 670, 671

Declaration relating to the execution of criminal laws .... 661

Declaration providing for leasing of the Penitentiary . . * . 679

Declaration relating to administrators who received treas-
ury notes 656

Declaration to incorporate the Bellville, Hempstead and

Brazos Bridge Company 666

Declaration for removing administration of the estate of

James H. Leaverton to Houston county 661

Declaration establishing line between Bourbon and Brazos

counties, etc 727

Declaration providing that Legislature shall levy special

tax to build bridges^ roads, etc 743

Declaration for relinquishment of State tax of Anderson

county 701

Declaration authorizing the Governor to lease Peniten-
tiary 773 to 775

Declaration providing; for the relinquishment of State tax

of Erath county'^for 1868 ' 784

Declaration opening the reserve of the Memphis and El

Paso railroad to actual settlers, acted upon 762

Declaration appropriating State tax of Jefferson county for

1868 to repair court-house 727

Declaration respecting account of M. K. Rion 742

Declaration requesting Commanding General to abolish

county courts '26

INDEX. 1035

PAQfi.

Declarations — continued.

Declaration changing the boundaries of Comal county .... 700

Declaration for support of paupers 700

Declaration authorizing police court of Guadalupe to levy

special tax 736

Declaration providing for the punishment of persons using

threats or intimidation against electors 743

Declaration to repeal laws of the so-called Legislature of

Texas, punishing offenses committed on Sunday .... 725

Declaration providing for jail in San Augilstine county. . 843

Declaration providing for sending A. J. Hamilton and C.

Caldwell to Washington 844

Declaration levying a special tax to pay expenses of Con-
vention 860 to 862

Declaration to repeal laws of 1866 relating to offenses

committed on Sundays, acted ujwn 813, 814

Declaration to incorporate the Jefferson, Marshall and Big

Cypress Bayou Bridge Company 812, 813

Declaration asking Congress to investigate charges against

Judge Watrous 831

Declaration respecting the leasing of penitentiary, acted

upon 832, 833

Declaration for relief of heirs of General Sam. Houston. 827

Declaration asking relinquishment of State tax for 1868

to Goliad county 889

Declaration providing what newspapers shall publish en-
grossed Constitution 888

1036 I-^DEX.

PAGE.

Declakation — continued.

Declaration providing pay for Flake's Bulletin 887, 888

Declaration creating county of Delta, passed 893

Declaration creating county of Webster, passed 892

Declaration granting land to actual settlers, action

upon 895, 896

Declaration granting lands to actual settlers and location
of genunie land certificates' upon reserve of Mempliis
and El Paso Railroad 899, 900

Declaration creating county of Ricliland 893

Declaration supplemental to a declaration in relation to

railroads, introduced August 10, 1868 890, 891

Declaration providing for the investment of the school

fund in Gnited States bonds 873

Declaration respecting the Central Railroad Company . 871, 872

Declaration to incorporate the Navasota, Washington and

Brazos Bridge Company 874, 875

Declaration providing for the collection of the school fund

held by railroad companies 872, 873

Declaration providing for a division of the State 940

Declaration respecting the Houston and Texas Central
and Washington County Railroad Company, acted
upon ^ :932to939

Declaration giving the consent of the Convention to a

division of the State 940

Declaration asking relinquishment of State tax for 1868 . 922
Declaration respecting granting the lands to actual settlers

INDEX. 1037

PAGE.

Declaratioxs — concluded.

and opening to entry by certificate of tLe Mcuipliis
and El Paso Reserve, acted upon U29, 930

Declaration granting lands to Africans and tlieir descend-
ants 940

Declaration respecting Central Railroad Company. . .922, 924

Declaration respecting Buffalo Bayou, Brazos and Colo-
rado Railroad 944

Declaration granting relief to the San Antonio and Rio

Grande Railroad 920

Declaration respecting acts of the Confederacy 921

Decision of the Chair sustained 120

Decision of Chair sustained upon point respecting order of

business 648

Decision of the Chair sustained upon point of order raised by

Thomas of Collin 691

Degener, E. report from Committee on Immigration 162, 169

Degener, E. declaration relating to citizenship 149

Degener, E. resolution relating to division of the State 142

Degener, E. report from Committee on Division of the State. . 106

Degener, E. declaration providing for formation of corporations 80

Degener. E. ordinance explanatory and defining the Legal

Tender Acts of 1861 and 1862 59

Degener, E. instructing Committee on Printing to furnish ten

copies of Convention journals 62

1038 INDEX

PAGE.

Degener, E. resolution requiring delegates to take oath of office

before Notary Public 23

Degener, E. added to Committee on Apportionment 419

Degener, E. resolution respecting attempted assassination of

Hon. C. Cooley 462, 463

Degener, E. petition for incorporation of Germania Club of

San Antonio 530

Degener, E. report from Committee on Finance upon the public

accounts af Texas ^ 597, 608

Degener, E. minority report from Committee on Finance

respecting the railroads 608, 609

Degener, E. resolution respecting declaration making an appro-
priation of $15,000 for pay of provisional officers 619

Degener, E. resolution referring all railroad matters to select

committee 631

Degener, E. resolution to refer all matter referring to sale of

railroads to a special committee 691

Degener, E. report from Special Committee on -Railroads 769, 770

Degener, E. declaration supplemental to a declaration in

relation to railroads^ introduced August 10, 1868 . . . 890, 891

Division of the State, report from Committee on 147

Divine Providence, resolution recognizing efficiency of 151

Doorkeeper, election of 7

Downing, declaration respecting oath of office 446

Downing, resolution authorizing Mrs. Eleana Oaks to draw pay

and mileage due W. E. Oaks 889, 890

Division of the State, relating to . ^ 44

INDEX. 1039

PAGE.
Division of the State, appointment of Committee on 51

Division of the State, report from Committee respecting 103

Division of the State, declaration therefor 136

Division of the State, resolution relating thereto 142

Division of the State, relating to bill pending in Congress

therefor 143

Division of the State, report from Committee on 144

Division of the State, minority report upon 147

Division of the State, reports from Committee on. . .144, 147, 148,
160, 161, 162, 254, 229, 287, 288, 289, 302, 312, 500

DuflTs Regiment and murderers of Union men, in relation

thereto • . • 117

Education, report of superintendent of 65

Education, publication of report of superintendent of 73

Education, report from committee on 482 to 486

Education, report of committee acted upon 910 to 918

Education, report of committee acted upon 930 to 932

Election of permanent President 3

El Paso county, resolution to relinquish State jurisdiction over

to the United States 135

El Paso county, report of Committee on Federal Relations re-
specting relinquishment of State jurisdiction over . . 758 to 761

Engrossing Ckrk, election of - 8

1040 INDEX.

PAGE.

Engrossed Provisions, report from committee on,

*• 52, 77, 7t^, 105, 116, 802, 943

Enrolling Clerk, election of 9

Enrolling and Engrossing Clerk, to act as directed bj secreta-
ries 117

Enrolling and Engrossing Clerks, report respecting 122

Enrolling Clerk, appointment of Thomas H. Waldron 924

Enrolled Provisions, reports from committee on . . .158, 260, 698, 699

Evans, L. D., added to Committee on Division of the State. . . 118

Evans, L. D., resolution instructing Committee on Lawlessness
and Violence to produce the testimony on which their re-
port, was based 221

Evans, L. D., added to Committee on Internal Improvements . 426

Evans, L. D., added to Committee on Political and Legislative . 309

Evans, A. J., resolution for appointment of committee to report

rules for Convention 9

Evans, A. J., resolution providing the rules of the House of
Representatives of 1845 be the rules governing the Con-
vention 10

Evans, A. J., resolution to print one thousand copies of Gover-
nor s message 17

Evans, A. J., repart from Committee on Rules 19

Evans, A. J., resolution postponing report of Committee on

Rules 19

Evans, A. J., declaration respecting the theory of the govern-
ment and the acts of the State Lecjislatures since 1861 .. . 28

INDEX. 1041

PAGE.

Evans, A. J., resolution to refer to Committee on Printing all

resolutions relating to newspapers 39

Evans, A. J., declaration respecting the unparalleled degree of

lawlessness and violence in the State 43

Evans, A. J., report from Committee on Federal Relations, in
refeience to ordinances and laws of rebel Conventions and
Legislatures 53

Evans. A. J., resolution requesting Commanding General to ap-
prove appropriation for pay of Convention 106

Evans, A. J., sections to be incorporated in the constitution. . . 114

Evans, A. J., decltiration authorizing counties to aid in the con-
struction of railroads 149

Evans, A. J., report from Committee on Federal Relations re-
specting jurisdiction over El Paso county 155

Evans, A. J., declaration providing that railroad companies
shall not suffer any prejudice in their charters until a
meeting of the Legislature 173

Evans, A. J., declaration appropriating dollars to pay ex-
penses of Committee on Penitentiary 173

Evans, A. J., declaration authorizing the Governor to sell por-
tions of tlie State 183

Evans, A. J., declaration respecting the Capital of Texas .... 209

Evans, A J., declaration providing that the Constitution of
1845, with changes proposed, be the Constitution of
Texas 218 to 220

Evans, A. J., declaration respecting committee room number

three 267

Evans, A. J., report from Committee on Federal Relations re-

snecting bounty to U. S. soldiers 294 to 296

1042 ■ INDEX.

PAGE,
Evans, A. J., report from Committee on Federal Relations re-
specting the ceding to the United States of certain terri-
tories 394, 395

Eviins, A. J., resolution to strike Mr. Cole's name from list of

delegates 405

Evans, A. J., declaxation to memorialize Congress to extend the

Bankrupt Act 41T

Evans, A. J., resolution respecting adjournment 419

Evans, A. J., resolution respecting adjournment acted upon. . 428

Evans, A. J., substitute for minority report of Committee on

Internal Improvements respecting sale of railroads. . .496, 49T

Evans, substitute to reports of Committee on Internal Improve-
ments, respecting sale of railroads 507, 508

Evans, A. J., resolution providing for an elective system of

judiciary 554

Evans, A. J., resolution to pay W. E. Home, a delegate, absent

by sickness 622, 623

Evans, A. J., petition from citizens of Hamilton county, asking

formation of new county 640

Evans, A. J., declaration relating to execution of criminal

laws 661

Evans, A. J., resolution providing for a recess 710

Evans, A. J., resolution respecting payment of Fred. Slaugh-
ter 735 .

Executive Department, report from Committee on 296 to 302

Executive Department, report from Committee on 457

Executive Committee, report from Committee of the Whole

upon report of 477 to 482

INDEX. • 104

PAGE.

Executive Department, report from committee, action there-
on 527 to 530

Executive Department, report from Committee on, action there-
on 557, 558

Executive Department, report from Committee on, action there-
on 572

Executive Department, report of committee acted upon . 595 to 597

Executive Department, report of committee acted on 632

Executive Department, report of committee acted upon . 623 to 625

Executive Committee, report of, acted upon 645 to 647

Fayle, W. R., resolution respecting taxes accruing on real es-
tate 75

Fayle, W. R., resolution disfranchising editors and publishers

of newspapers who advocated secession 125

Fayle, W. R., report from Committee on Enrolled Provisions. 140

Fayle, W. R., declaration providing that no property qualifica-
tion to hold oflfice or vote shall be required 150

Fayle, W. R., declaration relating to militia and carrying arms 152

Fayle W. R., declaration respecting the rights, privileges and

immunities common to citizens 152

Fayle W. R., report from Committee on Enrolled Bills 158

Fayle W. R., preamble and resolutions for appointment of a

committee to select executive State officers 210

Fayle W. R., report from Committee on Enrolled Provisions. . 260

1044 INDEX.

PAGE.

Fajle W. R., added to Committee on Internal Improvements. . 426

Fajle W. R., petition for the incorporation of the Hebrew Be-
nevolent Society of Houston 438

Fajle W. R., declaration incorporating the Bolivar Point and

Houston Ship Channel Company 588 to 592

Fayle W. R , petitition from A. D. Robertson and others, ask-

ino; charter for horse railroad at Houston 669

Fayle W. R., report from Committee on Enrolled Provisions. .

698, 699

Federal Relations, reports of committee on

155, 172, 174, 181, 205, 206, 207, 287, 294, 295, 296. 394,
895, 396, 758, 759, 760, 761, 845, 846, 847.

First assistant secretary, election of 4

Flake F., vote of thanks to - 75

Flanagan J. W., declaration to suspend sheriff's and consta-
ble's sales 31

Flanagan W., resolution appropriating one hundred and twen-
ty-five thousand dollars to pay expenses of the Convention 33

Flanagan J. W., resolution requesting the executive to frame

portrait of Gen. Sam Houston 118

Flanagan J. W., report from Committee on Internal Improve-
ments, respecting the Brazos Branch Railroad and the H.
M. and J. Railroad 169

Flanagan, J. W., declaration for the development of the riches,

fertility and commerce of the State . . 184

Flanagan J. W., report from Committee on Internal Improve-
ments, respecting a tax on counties for railroad purposes... 270

Flanagan J. W., report from Committee on Internal Improve-
ments upon the indebtedness of the railroads to the State
.270 to 282

INDEX. 1045

•

PAGE.
Flanagan Webster, resolution respecting apothecaries and drug-
gists 400

Flanagan Webster, resolution respecting license for gambling. . 409

Flanagan J. W., report of Committee on Internal Improve-
ments, upon declaration to incorporate the Bellville,
Hempstead and Bryan Bridge Company 472, 473

Flanagan J. W., resolution respecting sessions of Convention. .

629 to 631

Flanagan J. W., report from Committee on Internal Improve-
ments, respecting Mexican Gulf Railroad, and extending
relief to railroad companies 654, 655

Flanagan J. W., petition from county commissioners of Ander-
son county for relinquishment of State tax 701

Flanagan J. W., report from Committee on Internal Improve-
ments respecting Houston City Railroad 705

Flanagan J. W., resolution for payment of copying clerk. . . . 828

Flanagan J. W., report from Committee on Internal Improve-
ments, upon declaration for relief of Central Railroad Com-
pany 886, 887

Flanagan J. W., report from Comm.ittee on Internal Improve-
ments, respecting Central Railroad Company 906 to 909

Flanagan J. W., declaration giving the consent of the Con-
vention for a division of the State 940

Fleming, report from Committee on Counties and County

Boundaries upon creation of San Jacinto county ^. 765

Fortie, Richard, a lunatic, respecting 127

Foster, declaration respecting mechanics' liens 426

Foster, declaration providing pay for Flake's Bulletin 887, 888

1046 INDEX.

PAGE.

Funds on hand, statement of, in State Treasury on 31st day of
May, 1868 27

Galveston Republican, resolution respecting 29

General Land Office, resolution for information therefrom .... 43

General Provisions —

General provisions of the Constitution 236, 243

General provisions, committee on, additional returns re-
ferred to 114

General provisions, action upon report of committee

on 572, 577

General provisions, report of committee, acted on 632

General provisions, action upon report of committee on . . 647

General provisions, report from committee, action

upon 667, 669

General provisions, report of committee, acted upon.. 692, 693

General provisions, report acted upon 695, 698

General provisions, report of committee, acted upon. .775, 777

General provisions, report of committee, acted upon 714

General provisions, report of committee, acted upon . . 728, 732

General provisions, report from committee, acted

upon 706, 709

General provisions, report of committee, acted upon. . 785, 789

INDEX. 104T

PAGE.

Gfneral Provisions — concluded.

General provisions, report of committee, acted upon. . 737, 741

General provisions, report from committee, acted

upon 717, 723

General provisions, report of committee acted upon. . . 702, 705
General provisions, report of committee acted upon . . .793, 798
General provisions, report of committee acted upon. . . 743, 757

General provisions, report of committee on, respecting acts

of incorporation of 1866 799

General provisions, report of committee acted upon. . .816, 825
Gillespie, C. C., editor of Houston Telegraph, resolution to

arrest.

435

Glenn, M., minority re^^ort from Committee on Finance re-
specting appropriation of $25,000 for arrest of despera-
does 133

Glenn, declaration to provide for a division of the State 136

Glenn, niinoritj report from Committee on Finance recommend-
ing discharge cf reporter 252

Glenn, minority report from Committee on Finance respecting

appropriations of $15,000 and |;25,000 618

Goddin. declaration respecting punishment of petty crimes .... 142

Goddin, resolution respecting carrying of deadly weapons .... 142

Goddin. petition from citizens of Polt. Walker and Montgom-
ery asking formation of new county 530

Goddin, declaration creating the county of San Jacinto 'oi)^

1048 INDEX.

PAGE.

Goddin, resolution for committee to inquire into truthfulness of
minority report of Committee on Lawlessness and Vio-
lence 682

Goddin, report from special committee upon petition of citizens
of Polk county for creation of county of San Ja-
cinto 869, 870

Governor, committee appointed to wait upon 9

Governor, messa^ge of 12

Governor, message of, action upon 30

Governor of Texas, transmitting report of E. M. Yf heelock, Su-
perintendent of Education 64

Governor of Texas, letter transmitting report of Commissioner

of General Land Office 82

Governor, $25,000 to be used by, for arrest of lawless and des-
perate characters 124

Governor of Texas, communications from 129

Governor of Texas, recommending the Convention to purchase

3500 copies of Pasclial's Digest 153

Governor of Texas, communication from respecting finances of

the State 20T

Governor of Texas, communication from transmitting letter from

controller 313

Governor of Texas, communicatioii from, referred to Committee

on Finance 400

Governor of Texas, com.munication from, transmitting Controll-
er's, Treasurer's and Commissioner of Land Office report
as to status of clerks 458

Governor of Texas, transmitting communication and declaration

for leasing penitentiary 771, 773

INDEX. 1049

PAGE.
Governor of Texas, action upon declaration of for leasing peni-
tentiary 832, 833

Grand Army of the Republic, resolutions from 717

Graham, J. H., elected Sergeant-at-Arms 6

Gray, report from Committee on State Affairs upon petition of

W. R. Storey 55

Gray, report from Committee on State Afiiiirs, defining the

powers of the Convention 54

Gray, B. W., from Committee on State Affairs, report from re-
specting J. P. O'Leary 73

Gray, resolution respecting bridge across Boggy Bayou 447

Hamilton, A. J., report from conimittee to "wait upon General

Reynolds and Governor Pease 10

Hamilton. A. J., resolution for purchase of Paschal's Annotated

Constitution of the United States 23

Hamilton, A. J., resolution of instruction to Judiciary Commit-
tee respecting Boards of Registers 29 to 30

Hamilton, A, J., report from Judiciary Comm.ittee upon resolu-
tion urojino' Congress to change Reconstruction Acts 41

Hamilton, A. J., minority report from Committee on Judiciary,

respecting sales by sheriffs 57

Hamilton, A. J., resolution for appointm^ent of Special Commit-
tee to examine aflairs of penitentiary 63

Hamilton, A. J., resolution respecting Committee on Peniten-
tiary 107

1050 INDEX.

PAGE.

Hamilton, A. J., substitute for report on lawlessness and vio-
lence .^ Ill

Hamilton, A. J., report from Committee on Judiciary upon

Paschal's Digest 190

Hamilton, A. J., resolution providing for the hours of regular

session of the Convention 182

Hamilton, A. J., report from Judiciary Committee recommend-
ing that no bond be required of the State in suits 204

Hamilton, A. J., declaration and memorial from citizens of
Fajette, Bastrop, Caldwell, Gonzales and Lavaca counties
for creation of county of Oakland 421, 422

Hamilton, A. J., report from Judiciary Committee 465

Hamilton, A. J., privileged question 487

Hamilton, A. J., resolution requesting General Reynolds to se-
lect officers to act with committee on Millican riot 505

Hamilton, A. J., resolution to discontinue the San Antonio

Free Press 526

Hamilton, A. J., declaration respecting captives held by In-
dians 593,594

Hamilton, A. J., resolution relieving committee to investigate

Millican riot 619

Hamilton, A. J., resolution for payment of official reporter. . . 621

Hamilton, A. J., resolution providing that no resolution to ad-
journ shall be considered for two weeks 711

Hamilton, A. J., declaration for relief of heirs of General

Sam. Houston 827

Hamilton, M. C, resolution for select committee to report plan

of proceedings to frame a Constitution 31

INDEX. 1051

PAGE.
Hamilton, M. C, amendment giving members choice of news-
papers 49

Hamilton, M. C, amendment to resolution appropriating

^125,000 to pay expenses of Convention 123

Hamilton, M. C, resolution requesting Commanding General
to cause estimates of receipts and expenditures for year
ending July 1, 1869, to be made 184

Hamilton, M. C, resolution requesting certain statements from

Comptroller of Accounts 209

Hamilton, M. C, report from Committee on General Provisions

upon certain resolutions 225

Hamilton, M. C, report from Committee on General Provi-
sions 233 to 243

Hamilton, M. C, and C. Caldwell, resolution to send to Wash-
ington and appropi'iating $3,000 to pay expenses, action
upon 893, 894

Harn, C. D., resolution relating to Richard Fortie, a lunatic. . 127

Harn, C. D., added to Committee on Penitentiary 128

Harn, C. D., resolution proposing new section to Constitution

respecting imprisonment for debt 173

Harn, C. D., declaration relating to school fund of the State. . 185

Harn, C. D., resolution instructing Judiciary Committee to re-
port qualification of jurors 212

Harn, C. D., resolution respecting the homestead of citizens. . 251

Harn, C. D., declaration relatmg to freedom of speech and

ballot box " 304

Harn, C. D., resolution respecting the use of intoxicatino-

liquors ° 307

1052 INDEX.

PAGE.

Ham, C. D., declaration respecting Confederate notes in con-
sideration for contracts, deeds, etc 396

Harn, C. D., declaration respecting homesteads 416

Harn, C. D., resolution respecting persons who have received
money for erecting a monument on the battle field of San
Jacinto 449, 450

Harn, C. D., declaration for incorporation of Navasota, Vfash-

ington and Brazos Bridge Company 874, 875

Hart, Martin D., resolution for apjjiointment of committee to

investigate murder of 701

Hart M. D., resolutions respecting 830

Hebrew Benevolent Society of Houston, act of incorporation. . 438

Holy Scriptures, resolution against the Legislature passing any

law in contravention thereof 151

Home W. E., resolution for appointment of committee to as-
certain to what date reporter has written up debates 811

Home W. E., report from special committee respecting what

debates and speeches reporter has written out 885

Houston, Gen. Sam, resolution to frame portrait of 118

Houston, Gen. Sam, recommending framing portrait of 141

Houston Tap and Brazoria Bailroad, declaration for sale of . . . 282

Houston Tap and Brazoria Railroad, declaration for sale of

442, 443

Houston, Gen. Sam, respecting a monument in memory of . . . .

448, 449

Houston City Railroad, declaration incorporating, acted upon

713, 714

INDEX. 1053

PAGE.

Houston, Texas Central and Washington County Railroad Com-
pany, action upon 932, 989

Hunt n. C, resolution of gratitude to those of Texas who took

up arms in derence of the government 75

Hunt H. C, of Comal, resolution for publication of report of

Wm. Alexander, Attorney General 128

Hunt II. C, petitions from citizens of Guadalupe and Comal

counties, asking formation of a new county 139

Hunt R. C, declaration giving bounty to Texas United States

soldiers 186

Hunt H. C, declaration respecting charters and special privi-
leges 211

Hunt H. C, from Committee on State Affairs, upon police

regulations of Galveston oil

Hunt H. C, from Committee on State Affairs, respecting mon-
ument on the battle field of San Jacinto 533. 534

Hunt H. C, report from Committee on State Affairs, upon

locating capitol after 1870 '. . . 559

Hunt H. C, report from Committee on State Affairs, upon Mr.
Mundine's resolution to extend the right of suffrage to all
citizens '. 577, 579

Hunt H. C, report from Committee on State Affairs, upon re-
port of Committee on Penitentiary 627

Hunt H. C. report from Committee on State Affaii's, upon re-
solution referred 628

Hunt H. C, report from Committee on State Aflairs, upon de-
claration to incorporate the Germania Club : . . . . 671

Hunt H. C, report from Committee on State Affiirs, relating

to support of paupers in each county . . . : 700

1054 INDEX

PAGE.

Hunt H. C, report from Committee on State Affairs, respecting

State tax of Jefferson county 781, 782

Hunt H. C, report from Committee on State Affairs, respect-
in the incorporation of Fredericksburg 800, 802

Hunt H. C, report from Committee on State Affiirs, relating

to relinquisliment of State tax of county of Erath . . 826, 827

Hunt H. C, declaration granting relief to the San Antonio and

Rio Grande Railroad Company 920

Immigration, report from Committee on ' 162, 169

Indians, declaration respecting captives held by 593, 594

Internal Improvements, reports from Committee on

43, 270 to 282. 413, 414, 426, 429 to 485, 428, 429, 439
to 443, 490 to 496, 491 to 496, 507, 508, 509, 556, 633
to 639, 654, 655, 694, 695, 705, 709 to 713, 848 to 850, 870
871, 906 to 909.

International Pacific Railroad, declaration respecting 107

International Railroad Company, report from Committee on In-
ternal Improvements acted upon 229 to 232

International railroad, declaration in relation to 413-414

International railroad, report respecting, acted upon 420, 421

International railroad, substitute for report of Cpmmittee on In-
ternal Improvements 421

International Pacific railroad charter, action respecting. .429 to 435

International Pacific Railroad Company, report of Committee

on Internal Improvements respecting, acted upon. . . . 709, 713

INDEX. 1055

PAGE,

International Pacific railroad, declaration supplemental there-
to 828, 829

International Pacific Railroad Company, incorporation of. .875, 876

International Pacific Railroad Company, declaration supple-
mental to a declaration respecting 891

" Iron-clad oath," permission for Mr. Bledsoe to take 58

Johnson of Calhoun, resolution respecting enrolling and en-
grossing clerks 117

Johnson of Calhoun, resolution upon suifrage 125

Johnson of Calhoun, declaration respecting the San Antonio

and Mexican Gulf Railroad Company 555, 556

Johnson of Calhoun, resolution respecting official reporter .... 682

Johnson of Harrison, defining -who shall be eligible for judges. 247

Johnson of Harrison, resolution to pay James Cassidy for

writing 716

Jordan, resolution recognizing the efficiency of Divine Provi-
dence 151

Jordan, declaration providing for the punishment of peculation,

embezzlement or public fraud 183

Jordan, declaration providing that all sects in religion shall be

protected 267

Jordan, declaration proposing new sections to the constitution,

respecting freedom of speech, etc 415

Jordan, petition from citizens of Goliad county, asking relin-
quishment of State tax to build jail 885

1056 INDEX.

PAGE.
Jordan, declaration asking relinquishment of State tax for

1868, to Goliad county 889

Journals of the Convention, for publication of 51

Journals of the Convention, respecting . .' 62

Journals of Convention, recording of , 499

Judicial Department, sections to be incorporated 112

Judicial Department, report from committee on 465 to 470

Judicial District, resolution for creation of, acted upon. . . . 777, 778

Judiciary Committee, special report upon sections 34, 40, 41
and 42 of the report of the Committee on General Pro-
visions 767, 768

Judiciary, Committee on, reports from

41, 56, 465 to 470, 694, 766 to 768

Kealy, petition from citizens of Denton and Cook counties,

against forming nev.^ county 177

Kealy, resolution providing for erection of poor-houses 212

Kealy, resolution compelling punctuality in delegates 790

Kealy, resolution respecting county sites 875

Keigwin, declaration repealing the act of 1866 organizing

county courts 444 to 443

Keigwin, W., resolution declaring seat vacant 843

Kirk, declaration providing for the relinquishment of State tax

of Erath county for 1868 784

Kirk, declaration respecting the Central Railroad Company . 871, 872

INDEX. 1057

PAGE.

Kueclilcr, resolution respecting mineral substances 247

Kuechler, petition from citizens of Gillespie county oil

Kueclilcr, petition for incorporation of Fredericksburg 705

Kuechler, declaration authorizing county court of Gillespie

county to levy a special tax. ■ 6bl

Land Office, Commissioner of, report from as to political status

of employes in office 462

Land Office, report of Commissioner of 82 to 103

Lawless and desperate characters, ^25,000 appropriated for

arrest of 124

Lawlessness and violence, minority report from committee

on 672 to 679

Lawlessness and violence, for appointment of committee on. . . 30

Lawlessness and violence, appointment of special committee on 34

Lawlessness and crime, resolution respecting 108

Lawlessness and violence, report upon Ill

Lawlessness and violence, report from committee on. . . .193 to 203

Lawlessness and violence, minority report from committee on . , 214

Lawlessness and violence, report from committee on . . . .500 to 505

Lawlessness and violence, minority report from committee on. . 505

Leave of absence granted to Enrolling Clerk 790

Leaverton, W. P., petition of 175

1058 INDEX.

PAGE.
Legal tender acts of 1861 and 1862, respecting 59

Legal tender acts of 1861 and 1862, declaration defining 609

Legislative powers not to be exercised by Convention 81, 32

Leib, declaration exempting from taxation school houses, houses

used for worship, and houses of public charity, etc 156

Leib, resolution respecting observance of the Christian Sabbath 159

Lindsay, resolution for printing of reconstruction acts ....... 42

Lindsay, report from Committee on Judiciary respecting sales

by sheriffs 56

Lindsay, resolutions for governance of the Convention 127

Lindsay, resolution providing that no bond shall be required of

the State in any suit 156

Lindsay, declaration providing for a geological survey of the

State 156

Lindsay, declaration relating to the policy of the State in

granting settlement rights upon the public lands 157

Lindsay, declaration setting apart one-fourth of the annual tax

for education 158

Lindsay, declaration suspending sale of school lands by police

courts 178

Lindsay, resolution requiring no bond of the State iu suits,

action upon • 229

Lindsay, report from Committee on Executive Department 296, 302

Lindsay, declaration for establishment of " Manual Labor Poor

Houses" 425

Lindsay, substitute for reports of Committee on Internal Im-
provements, respecting sale of railroads 508, 509

INDEX. 1059

PAGE.
Lindsay, resolution granting use of hall for lecture 511

Lindsay, report from special committee to inquire into conduct
of Long and Johnson 687,

Lindsay, resolutions proposing new sections respecting lands . . 716

Lindsay, L. report from Committee on Judiciary, respecting

mechanics' liens 766

Lindsay, L. report from Judiciary Committee on sections 34,
40, 41, 42 of the report of the Committee on General
Provisions 767, 768

Lindsay, declaration providing what newspapers shall publish

engrossed Constitution 888

Lippard, J. resolution respecting oath of office 20

Lippard, resolution respecting lawlessness and crime 108

Lippard, resolution instructing Committee on Penitentiary to

enquire into case of each convict 118

Lippard, resolution respecting causes for peremptory challenge

of jurymen 185

Lippard, report from Committee on Lands upon certain resolu-
tions ^ 214

Lippard, report from Committee on Lauds upon declaration of
Captain Stephen Croshy, late Commissioner of General
Land Office 217

Lippard, resolution prohibiting capital punishment 257

Lippard, resolution providing for the discontinuance of news-
papers 416

Lippard, petition from citizens of Hill, Navarro and Limestone

counties asking formation of new county 438

Lippard, declaration for creation of /jounty of Richmond 444

1060 INDEX.

PAGE.

Lippard, resolution to discontinue newspapers, action upon 489, 490

Lippard, petition from citizens of Hill county respecting

Achilles Foster 580

Lippard, report from Committee on Public Lands 640, 642

Long, resolution respecting carrying of concealed weapons .... 248

Long, resolution authorizing Secretary to pay Fred. Slaughter

five dollars per day 457

Long, declaration respecting acts of the Confederacy 921

M. . - ■

Mackey, declaration respecting citizenship 117

Mobius, Max, elected enrolling clerk 9

McCormick, A. P. resolution to take up message of Governor 30

McCormick, A. P. report from Committee on Contingent

Expenses •. 35

McCormick, A. P. report from Committee on Contingent Ex-
penses in relation to Paschal's Annotated Constitution of
the United States 40

McCormick, report from Committee on Contingent Expenses. . 110

McCormick, point of order respecting original resolutions after

commitment to committees '. 120

McCormick, A. P., report from Committee on Contingent Ex-
penses, respecting pages, messengers and porters 122

McCormick, A. P., report of Committee on Contingent Ex-
penses in relation to em-olling and engrossing clerks 122

McCormick, A. P., report from Committee on Contingent Ex-
penses relative to framing portrait General Sam Houston . 141

INDEX. 1061

PAGE.

McCormick, resolution providing that resolutions reported upon

favorably to be printed 155

McCormick, report of Committee on Contingent Expenses, re-
commending appropriation to pay expenses of Committee
on Penitentiary 192

Morse, declaration respecting those qualified to practice medi-
cine in the State 251

McCormick, from Committee on Contingent Expenses, recom-
mending the discharge cf official reporters of the Conven-
tion 263

McCormick, report from Committee on Contingent Expenses

respecting recording of journals 304

McCormick, report from Committee on Contingent Expenses

respecting recording journals 475

McCormick, report from Committee on Contingent Expenses re-
specting claim of A. Grigsby for extra mileage. . 423

IMcCormick, report from Committee on Contingent Expenses re-
specting payment of Postmaster of Convention 427, 428

McCormick, resolution to prmt two hundred copies of report
from Committee of the Whole upon Executive Depart-
ment 482

McCormick, report from Committee on Contingent Enpenses

respecting recording of journals 499

McCormick, report- from Committee on Contingent Expenses

respecting official reporters 643

McCormick, report from Committee on Contingent Expenses

respecting pay of Fred Slaughter 689, 691

McCormick, report from Committee on Contingent Expenses
respecting appropriation of ^125,000 to pay expenses of
Convention, acted upon .• 779, 781

1062 INDEX.

PAGE.

McCormick, declaration providing for sending A. J. Hamilton

and C. Caldwell to Washington 844

McCormick, report from Committee on Contingent Expenses

upon payment of J. F. Stokes, copying clerk 863

McKinney Messenger, upon question of privileges by Mr.
Slaughter, inserted in declaration to print constitution, in
place of newspaper at Marshall 891

Messengers, selection of .♦ 5

Messengers and porters. President to appoint 6

McWasbington, resolution proposing new section to the consti-
tution 257

McWasbington, resolution providing that no person shall be

imprisoned for debt 414

McWasbington, declaration respecting dueling 417

McWasbington, resolution respecting property of females 456

Memphis and El Paso Railroad Company, certificates and pat-
ents for lands, resolution respecting 20

Memphis and El Paso Railroad, respecting land reserve of . . . . 142

Memphis and El Paso Railroad, declaration respecting 418

Memphis and El Paso Railroad Company, declaration opening

reserve of to actual settlers, acted upon 762

Memphis and El Paso Railroad, report of special committee

respecting the opening of reservation to settlement... 8 09, 811

Memphis and El Paso Railroad Company, opening reserve,

action upon 893, 894, 895

Memphis and El Paso Railroad Company, declaration opening
reserve of, to actual settlers, or location by genuine land
certificates ' 899, 900

INDEX. 1063

PAGE.
Memphis and El Paso Railroad, action upon opening reserve of,

to actual settlers and location 929, 930

Mexican Gulf Railroad Company, action upon report of com-
mittee 694, 695

Mexican Gulf Railroad Company, declai'ation respecting

passed 876, 877

Mills, W, W., resolution to reconsider vote adopting oath of

office 24

Mills, W. W., resolution in relation to Texas relinquishing

jurisdiction over El Paso Company 135

Munroe, A. T., resolution referring Governor's message that
relates to the division of the State to a special committee
of ten 44

Munroe, A. T., report from Committee on Engrossed Provi-
sions 53

Munroe, A. T., report from Committee on Engrossed ProW-

sions 79

jSIunroe, A. T., report from Committee on Engrossed Provi-
sions 105

Munroe, A. T., report fi-om Committee on Engrossed Provi-
sions ■ 116

Munroe, A. T., added to Committee on Division of the State.. 118

^Munroe, A. T., from Committee on Engrossed Provisions 123

Munroe, A. T., report from Committee on Engrossed Provi-
sions 1 34

^lunroe, A. T., report fi-om Committee on Division of the State. 144
Munroe, A. T., report from Committee on Division of the State. 147

1064 INDEX.

PAGE..

Munroe, A. T., report from Committee on Division of the State,

upon certain resolutions 147, 148

Munroe, A. T., resolution respecting freedom of speech 153

Munroe, A. T., report from Committee on Engrossed Bills.. . . 170

Munroe, A. T., resolution instructing Judiciary Committee to
report declaration declaring null and void notes given for
purchase of slaves 247

Munroe, A. T., declaration respecting exyostfaclo laws, etc. . 252

Munroe, A. T., resolution to pay H. G. Daniel 399

Munroe, A. T., resolution respecting official reporter 420

Munroe, A. T., report from Committee on Division of the
State, upon relinquishment of jurisdiction over El Paso
county 500

Munroe, A. T., report from Committee on Engrossed Provi-
sions 653

Munroe, A. T., declaration concerning the Bufil^lo Bayou,

Brazos and Colorado Bailroad Company^ .657, 659

Munroe, A. T., declaration for removing administration of the
estate of James H. Leaver ton, from Anderson to Houston
county 661

Munroe, A. T., report from Committee on Engrossed Pi'ovi-

sions 802

Munroe, A. T., declaration in relation to railroads 828

Munroe, A. T., report from Committee on Engrossed Provi-

sions

943

Motion to reconsider the A^ote tabling the substitute to the re-
port of the Committee on Internal Improvements, action
upon 645

INDEX. 1065

PAGE.
Motion to reconsider the vote tabling the substitute to the re-
port of the Committee on Internal Improvements, action
upon ,v 691

Muckleroy, protest against the creation of the eighteenth judi-
cial district 789

Mullins, resolutions respecting powers of the Convention 32

Mullins, from Judiciar}- Committee, minority report from, upon

resolution urging Congress to change reconstruction acts . . 41

Mullins, added to Committee on Lawlessness and Violence .... 309

Mullins, minority report from Committee on Lawlessness and

Violence 672, 679

Mundine, resolution providing that without distinction of sex

persons shall be entitled to vote. 246

Mundine, added to Committee on State Affairs 419

Mundine, petition from citizens of Burleson opposing formation

of a new county 651

Mundine, declaration establishing; line between Burleson and

Brazos counties, etc 727

Navasota, Washington and Brazos Bridge Company, incorpora-
tion of 874, 875

Newcomb, J. P., temporary secretary 3

Newcomb, J. P., resolutions respecting death of Judge George

Klappenbach,- delegate elect ... . 18

Newcomb, J. P., resolution designating officer to administer

oath of office 21, 22

Newcomb, J. P., resolution fixing sessions of Convention. ... 33

1066 INDEX

PAGE.

Newcomb, J. P., resolution authorizing Committee on Printing
to contract for publication of the journals of the Conven-
tion 60

Newcomb, J. P., declaration respecting children born out of

wedlock 217

Newcomb, J. P., resolution providing for recess and printing

Constitution 631

Newcomb, J. P., resolution . respecting State officials who have
drawn pay as such, and as delegates to the Conven-
tion • 903, 904

Newcomb, J. P., declaration providing for a division of the

State 940

Newspapers, choice of to members 49, 50, 51

Newspapers, not taken by members to be sent to their districts . 79

Newspapers, resolution for discontinuing of 245

Newspapers, to publish engrossed Constitution 888

Notary Public, to administer oath of office 23

Northern Texas Railway Company, declaration of incorpora-
tion 450, 456

Oath of office, resolutions respecting 20, 21, 22, 23, 24

Oath of office, motion to reconsider adoption of 24

Oath of office, respecting 46

Oath of office, administered to Mr. Bledsoe 120

Oath of office, declaration respecting 446

INDEX. 1067

PA«E.

Oaks, clecliiration respecting redress for grievances, by pQtition 409

Oaks, W. E., death of announced 859

Official reporter, action upon report respecting 906

O'Learj, A. P. respecting. 52

0' Lear J, J. P. report from committee on State affairs, respecting 'IS

O'Leary, report of Committee on State affairs, respecting 120

O'Leary, J. P. respecting 125

Ordinance, defining Legal Tender Acts of 1861 and 1862. ... 59
Ordinance of Secession, declaration for rendering null and void 113

Paschal's Annotated Constitution of the United States, resolu-
tion for purchase of 23

Paschal, Geo. W., communication from 121

Paschal's Digest, report recommending purchase of 3,500 of. . 191

Patten, Nathan, resolution providing for arranging, numbering

and drawing for seats 10

Patten, Nathan, added to Committee on Internal Improvements 33

Patten, Nathan, resolution instructing. Committee on Internal
Improvements to enquire into tlie condition of railroad
companies 43

Patten, Nathan, declaration granting lands to actual settlers. . 179

Patten, Nathan, resolution discontinuing Austin Republican and

other papers 245

1068 INDEX.

PAGE.
Patten, Nathan, resolution for appointment of committee to in-
vestigate absence of J. R. Scott 397

Patten, Nathan, resolution instructing Committee on State
Affairs to report back resolution to locate capital and State
universities 416

Patten, Nathan, resolution instructing Committee on State Af-
♦ fairs to report upon location of capital, action upon 489

Patten, Nathan, resolution to commit report of Committee on

Penitentiaries to the Governor 627, 628

Patten, Nathan, resolution providing for recess until January . . 785

Patten, Nathan, declaration providing for the collection of the

school fund held bj railroad companies 872, 873

Pease, Gov. E. M., committee to wait upon 9

Pease, Gov. E. M., communication from transmitting report of

Suj)erintendent of Education 64

Pease, Gov. E. M., communication transmitting report of General

Land Office 82

Pease, Gov. E. M., communication from, recommending pur-
chase of 3,500 copies of Paschal's Digest 153

Pease, Gov. E. M., communications from 129

Pease, Gov. E. M., communication from respecting finances of

the State 207

Pease, Gov. E. M., communication from 313

Pease, Gov. E. M., communication from referred to Committee

on Finance 400

Pease, Gov. E. M., communication from, transmitting reports
from Comptroller, Treasurer and Land Office, as to political
status of employes 458

INDEX. • 1069

PAGE.

Pease, Gov. E. M., communication from respecting Peniten-
tiary *. 771,

773

Pease, Gov. E. M., communication and declaration respecting

State Penitentiary, action on 832, 883

Pedigo, H. C., resolution for appointment of Special Commit-
tee on Political Disabilities 141

Pedigo, H. C., declaration relating to mineral substances and

ownership thereof 148

Pexiigo, H. C., report from Committee on Political Disabilities,

reporting names for relief 226, 227

Pedigo, H. C, report from Committee on Counties and County
Boundaries, recommending the creation of the county of
Paschal 424

Pedigo, H. C, report from Committee on Counties and County

Boundai'ies, upon certain resolutions 425

Pedigo, H. C, report from Committee on Counties and County
Boundaries, recommending creation of the county of Web-
ster 425

Pedigo, H. C, report from Committee on Political Disabilities,

recommeziding persons to be relieved 511 to 526

Pedigo, H. C, from Committee on Counties and County

Boundaries, report from 583 to 588

Pedigo, H. C, added to Committee on Judiciary 26

Pedigo, H. C, resolution asking Congress to make Sabine Pass

a port of entry 623

Pedigo, H. C, report from the Committee on Counties and
County Boundaries, respecting boundary line of Comal
county 699

Pedigo, H. C, report from Committee on Counties and County

Boundaries, respecting area of ne\v counties 732, 733

1070 INDEX.

PAGE,
Pedigo, H. C, report from Committee on Counties and County
Boundaries, respecting line between Burleson and Brazos
counties 742

Pedigo, H. C, report from Committee on Counties and County

Boundaries, respecting creation of the county of Raines. .779

Penitentiary, resolution for appointment of committee to exam-
ine financial affairs of 63

Penitentiary, appointment of Committee on 74

Penitentiary, committee on, to inquire into case of each con-
vict 118

Penitentiary, committee on, to proceed to Huntsville 119

Penitentiary, amounts paid therefor, since its establishment . . .

^ 376 to 382

Penitentiary, report from committee to investigate condition of

534 to 554

Penitentiary, list of convicts in 536 to 544

Penitentiary, statement of convicts as to offenses 545 to 554

Penitentiary, communication from Governor Pease, respecting
771 to 773

Penitentiary, declaration to lease 773 to 775

Penitentiary, report of special committee upon Governor

Pease's declaration to lease 782 to 784

Penitentiary, report from special committee to examine finan-
cial condition of 803 to 809

Penitentiary, action upon declaration providing for the leasing

Qf ^ ooAj ooo

Penitentiary, minority report of committee respecting . . 864 to 869

INDEX. 1071

PAGE.
Permanent President of Convention 3

Permanent Secretary of Convention 4

Permanent organization 3 to 9

Per diem pay of delegates and officers 60

Per diem pay of members and officers 46, 47, 48

Per diem pay of absent members stopped 660

Plurality vote to elect 6

Phillips, of San Augustine, resolution to provide rooms for

committees 32

Phillips, of San Augustine, declaration providing for jail in

San Augustine county 843

Phillips, of Wharton, report from Committee on Commerce and

Manufactures 151

Phillips, of Wharton, declaration concerning civil suits 152

Phillips, of Wharton, declaration respecting suits by the State 408

Phillips, of Wharton, resolution respecting obligations of towns,

cities and counties, for collection of 706

Phillips, of Wharton, report from Committee on Commerce
and Manufactures respecting encouragement to manufac-
tures 733, 734

Phillips, of Wharton, report of special committee appointed to

inquire into the right of certain gentlemen to seats. .842, 843

Political and Legislative, Committee on, to employ a clerk .... 115

Political disabilities, for appointment of special committee on . . 141

Political disabilities, persons recommended for relief of. .513 to 526

1072 INDEX.

PAGE.

Political and Legislative, report from Committee on. , 560 to 570

Political and Legislative, report of Committee acted upon

853 to 859

Powers of the Convention, in reference thereto 77

President to appoint five messengers and two porters 6

Pretended laws of 1866 against the freedmen (see Appen-
dix) 953 to 955

Pretended laws based upon Constitution of 1866 (see Appen-
dix) 956 to 960

Preece, W., elected doorkeeper 7

Protest of Armstrong, of Jasper, against the resolution urging
Congress to authorize the Convention to organize a militia
force in each county 131

Public Lands, report from Committee on 640 to 642

Public debt, statement of 364 to 368

Railroad companies, reports from, under act of February 7,

1853 ,... 369

Railroa^d companies, indebtedness to State . , , . 369

Railroads, declarations providing for the sale of 439 to 443

Railroads, minority report from Committee on Internal Im-
provements concerning sale of 491 to 496

Railroads, declaration from Committee on Education for sale

of 485,486

INDEX. . 1073

PAGE.

R;iilroa<ls, substitute for majority and iiiiuority report of Com-
mittee on Interuiil Improvements concerning sale of. .496, 497

Kailroads, substitute for report of Committee on Internal Im-
provements providing for sale of 508, -509

Eailronds, minority report from Committee on Finance res-
pecting ' 608, 609

Railroads, matters concerning, to be referred to a select com-
mittee 631

Railroads, report of special committee on 769, 770

Railroads, select committee on, report of, acted upon . . . 790 to 792

Receipts of State revenue from Julv 1, 1867, to June 30,

1868.. ." 256

Recess, resolution respecting 631

Reconstruction Acts, two hundred copies printed , 78

Renick, Rev., elected Chaplain 9

Re.^olution to place to credit of delegates the amount of cost of

such papers not taken, action on 125

Resolution i)roviding for sending Messrs. Hamilton and Cald-
well to 'Washington, action upon 893, 894

Report of the Attorney-General of Texas, for 1867 (sec Ap-
pendix) 947 to 960

Reporter for the Convention, lesolutiou respecting 10

Reporter of Convention, report recommending the employment

of 19

Reporters, newspaper, respecting 30

Repoiter of Convention, communication from 63

1074 INDEX.

PAGE.

Reporter, to dispense with services of 120

Reporter, resolution for discharge of 245

Reporter of Convention, resolution providing for dispensing

with services of 263

Reporter of Convention, report respecting 419

Reporter of Convention, resolution respecting 420

Reynolds, Maj. Gen. J. J., committee to wait upon 9

Reynolds. Maj. Gen. J. J., communication from, transmitting

statements from Acting Comptroller '255

Reynolds, Maj. Gen. J. J., communication from, transmitting

information to Convention '. 314

Reynolds, Maj. Gen. J. J., communication from, referred to

Committee on Finance 400

Reynolds, Maj. Gen. J. J., communication from, disapproving

appropriation of ,f 25,000 to pay expenses of Convention. 858

Reynolds, Maj. Gen. J. J., communications from, disapproving
declarations for relinquishment of State tax for 1868,
from the counties of Montgomery and Jefferson 910, 911

Rives, Geo. C, acting Comptroller, report fi-om. respecting re-
ceipts and expenditures from Treasury from July 1, 1867,
to June 30, 1868 256 to 259

Rives, Geo. C, acting Comptroller, statement from, respecting

finances of the State 208

Rives, Geo. C, acting Comptroller, communication from 313

Rives, Geo. C, acting Comptroller, communication from, trans-
mitting certain statements asked for by resolution of Con-
vention 314, 315

Rogers of Fannin, declaration in relation to loyal ministers of

the Gospel 127

INDEX. 1075

PAGE.

Rodefeld, Henrj, report respecting 531

Rubj. G. T., resolution for appointment of select committees of

the Convention 11

Ruby, G. T., resolution relating to Austin Republican, San

Antonio Express, and Galveston Republican 29

Ruby. G. T., resolution for appointment of special committees

on certain subjects 30

Ruby, G. T. added to Committee on Education 33

Ruby. G. T. resolution respecting map of Texas 109

Ruby, G. T. declaration respecting city government of Galves-
ton 228

Ruby, G- T. resolution respecting committee rooms, action

thereon 420

Ruby, G. T. resolution to pay Fred. Slaughter, action upon . . 593

Rules governing Convention, report of Committee on 19

Rules governing Convention, report of Committee on, adopted

(see Appendix) 22

Rules governing Convention, action thereon 137

Rules of Convention (see Appendix)

San Antonio Express, resolution respecting 29

San Antonio Express, communication respecting 73

San Antonio Free Press, respecting ". 74

San Antonio Express, respecting 74

1076 INDEX.

PAGE.

San Antonio Free Press, resolution to discontinue (Hamilton,

A. J.) 526

San Antonio and Rio Grande Ptailroad, declaration for relief of,

action upon 920, 921

Sabine Pass, a port of entry, action upon 735

Schuetze, resolution to print one thousand copies of Governor's

message in German and Spanish 17

Schuetze, resolution that delegates be instructed to file order of
Commanding General convening Convention, with Com-
mittee on Credentials 25

Schuetze, declaration proposing a section to the Constitution. . 124

Schuetze, resolution respecting the admission of orphans into

the asjlums 307

Schuetze, resolution providing for an armed cavalry police

force 456

Schuetze, resolution providing for printing of remarks of A. J. .•
Hamilton and £. Degencr 456

Schuetze, declaration respecting offences committed on Sunday,

to repeal laws relating to 725

Schuetze, declaration asking relinquishment of State taxes for

1868 922

Schuetze, J. report from special committee appointed to visit

asylums 919, 920

Scott, J. R. committee to investigate absence of 397

Scott, J. R. motion to release from arrest, action thereon 402

Scott, J R. committee to enquire into conduct of 406

Scott, J. R. resolution authorizing Lamar county to levy a

special tax , 488

INDEX. 1077

PAGE.
Secretary of State, comniunication from, respecting Paschal's

Digest and opening State library 52

Secession and rebellion, editors and publishers tliat advocated

it to be disfranchised 125

Second Assistant Secretary, election of 4

Second Assistant Sergeant-at-Arms, election of 7

Selection of two messengers 5

Sergeant-at-Arms, election of 6

Sheriffs' sales of property, reports upon suspending 56, 57

Sheriffs' forced sales, action thereon 77

Sheriffs' sales, respecting 109

Sheriffs' forced sales, respecting 115

Sheriffs' forced sales, substitute to report thereon 118

Siemering & Co., A., communication from, respecting San An-
tonio Express 269

Slaughter, G., resolution providing for religious services in the

House of Representatives every Sunday 186

Slauiihter, G., declaration respecting acts of the Legislature of
1866 247

Slaughter, G., resolution providing for publication of names

recommendetl for relief of disabilities 268

Slaughter, G., resolution providing for puV)li.4iing names of
persons recommended for relief of pol'tical disabilities,
action thereon 420

Slaughter, G., resolution respecting pay of absent members. . . 660

Slaughter, Fred, mail carrier, resolution for payment of 735

1078 INDEX.

PAGE.
Slaves, resolution declarirxg null and void notes given for pur-
chase of 208

Smith, R. K., resolution respecting oath of office, and those

eligible thereto ' 18

Smith, R. K., amendment to oath of office 20

Smith, R. K., added to Committee on Apportionment 33

Smith, R. K., resolution for publishing debates of Convention. 63

.Smith, R. K., resolution for appointment of folder . 106

Smith, R. K., minority report from Committee on Internal Im-
provement, respecting the B. B. and H. M. and J. R. R. 169

Smith, R. K., resolution for appointment of committee of fif-
teen to attend an exhibition at Blind Asylum 172

Smith, R. K., declaration providing against discrimination on

account of color, etc 210

Smith, R. K.. proposing new sections to Constitution in rela-
tion to Comptroller 217

Smith, R. K., declaration respecting ordinances and resolutions
conflicting with the Constitution and States ol the United
States, to be null and void 221

Smith, R. K., report from special committee to visit Blind

Asylum 243. 244

Smith, R. K., petition from H. Rodefeld asking divorce from

his wife on account of lunacy 289 to 293

Smith, R. K., declaration to dissolve the bonds of matrimonj-

of Henry Rodefeld 305

Smith, R. K., granted use of Hall for lecture 397

Smith, R. K., resolution instructing Committee on Contingent

INDEX. » 1070

PAGE.

Expenses respecting members avIio travelled by circuitous
routes 399

Smith, R. K., resolution requesting the Commanding General
to arrest the editor of tlic Houston Telegraph, action
upon 435 to 4S8

Smith,, R. K., dechnation incorporating the Northern Texas

Railway Company 450, 456

Smith, R. K., resolution for appointment of committee for se-
lection of laws of pretended Legislatures which should be
validated 473, 474

Smith, R. K., resolution for committee to investigate Millican

riot, to employ a clerk 487

Smith, R. K., resolution providing for committee to inquire into
right of delegates to hold a seat in violation of Military
Order No. 16 554

Smith, R. K., resolution directing the Controller to pay Post-
master of Convention 595

Smith, R. K., report from Special Committee to examine con-
troller's and Treasurer's offices 651, 653

Smith, R. K., protest against minority report of Committee on

Lawlessness and Violence 705

Smith, R. K., resolution limiting speeches to»one on each side,

and others to five minutes 784

Smith, R. K., resolution for appointment of committee to
inquire autliority for delegate holding a seat in violation of
circular No. 16 815

Smith, R. K., declaration asking Congress to investigate charges

agairiSt Judge Watrous 831

Smith, R. K., resolution declaring vacant the seat of William

Keiswin 843

1080 ' INDEX.

PAGE.

Sniitli, R. K., resolntion providing for a recess 851, 853

Smith, R. K., rftsolution retj^uesting General Reynolds to au-
thorize the payment of warrants of delegates ........ 878

•Smith, G. W., minority report from Committee on Immigra-
tion 177

Smith, G. W.j resolution changing the name of Davis county to

Cass 555

Smith, G. W., declaration to incorporate the Jeffei'son, Marshall

and Big Cypress Bayou Bridge Company 812, 813

Southern Pacific Railroad, declaration for sale of 279, 282

Southei-n Pacific Railroad, declaration for sale of . . 439, 442

State Affairs, report from committee on ... 73

State Affairs, Muilins added 419

State officials, resolution respecting who have drawn pay as such,

and as members of Convention 903, 904

Special Committees, for appointment of 30, 34

Special Committee on Lawlessness and Violence 34

Special Committee on Division of State, appointed 51

Special Committee to examine affairs of the State Penitentiary,

for appointment of 63

Special Committee on Political Disabilities, appointment of. . . 143

Special Committee appointed to consider declaration creating

county of San Jacinto 656

Special Committee to inquire into conductof Long and Johnson,

report of 687, 688

Special Committee on Sale of Railroads. . . , 692

INDEX. 1081

PAGE.

Special CoinmittcG on Merapliis and El Paso Railroad, appointed . 763

Spcci.il Committee on Railroads, report of 7G0, 770

Special Committee on Covernor Peases declaration to lease pen-
itentiary, report of 782, 784

Select Commitloe on Railroads^ report acted upon 790, 792

♦
Special Committee to investigate financial condition of peniten-
tiary 803, 809

Special committee appointed to inquire into the murder of

Martin D. Hart, report of. 829

Special committee, report of, upon petition of John Jackson . 863, 86-1

Special coTpmittee, report of, upon petition of citizens of Polk

county for creation of county of San Jacinto 869, 870

Special committee, report of, respecting debates and speeches

written out by reporter 885

Special committee on Memphis and El Paso Railroad Com-
pany, report acted upon 893, 894, 895

Special committee upon murder of Martin D. Hai't, report of

900 to 902

Standing Committees of the Convention 25

Statement of funds on hand in the State treasury on the thirty-
first day of ^lay, 1868 27

State Legislatures since 1861, declaration respecting 23

State of Texas, declaration to divide 136

State asylums, committee appointed to visit 81 2

Stockbridge, resolution rescinding rule of Conventio-n which

prohibits members from speaking more that thirty minutes 555

1082 INDEX

PAGE.

Stockbridge, declaration respecting account of M. K. Rion . . . 742

Storj, W. R., report upon petition of 55

Sufirage, resolution respecting 125

Sumner, resolution authorizing Secretary to furnish the Daily

Austin Republican 28

Summer, resolution respecting University lands 397

Sumner, resolution for appointment of committee respecting

employes of Convention 474

Sumner, resolution restricting speeches to thirty minutes 210

Sumner, resolution respecting pages and messengers in employ

of Convention 108

Sumner, resolution respecting mail matter 571

Sumner, resolution that Enrolling Clerk a,ct for Committee on

Millican riot 594

Sumner, declaration respecting threats and intimidatipn against

persons using the right to vote 743

Sunday lavrs, declaration for repeal of 813, 814

Superintendent of Education, publication of report of 73

Talbot, J. W., resolution calling upon the Governor for infor-
mation from General Land Office 43

Talbot, J. W., resolution for publishing report of Superintend-
ent of Education 73

Talbot, J. W.J report from Committee on Education 265, 266

INDEX. 1083

PAGE.
Talbot, J. W., report from Committee on Education upon reso-
lution of J. Scliuetze 413

Talbot, J. W., report from Committee on Education. . . .482 to 486

Talbot, J. W., report from Committee on Education. . . .009 to 614

Talbot, J. "W., declaration for the investment of school fund in

United States bonds 873

Talbot, J. W., resolution requesting newspapers, that publish

Constitution, to publish project for common school system. 891

Talbot, J. W., declaration respecting the Central Railroad

Company 922 to 924

Taxes, respecting 74

Taxes, relating to, accruing on real estate 75

Taxes, for collection of unpaid 81

Taxes, the assessment of, in each county for 1867: 310 to 346

Taxes, cost of collection 347

Taxes, licenses and occupations, for 1807 386 to 389

Taxes assessed for the year 1867 390

Telegram from Commanding General, appropriating one hun-

di-ed thousand dollars for pay of Convention 232

Temporary Chairman of Convention 3

Temporary organization 3

P Temporary Secretary of Convention 3

Texas, soldiers of, resolution of gratitude 75

Texas and New Orleans Railroad, declaration for sale of.i79 to 282

1084 INDEX.

PAGE.

Texas and New Orleans Railroad, declaration for sale of. 439 to 442

Tliomas, J. W., resolution providing that the President admin-
ister the oath of office 22

Thomas, J. W., report from Committee on Printing 39

Thomas, J. W., minority report from Committee on Printing,

in relation to newspapers 39

Thomas, J. W., report from Committee on Printing, relating to

publication of debates of Convention 78

Thomas, J. W., resolution respecting Constitution of 1845. ... 75

Thomas, J. W., report from Committee on Prmting, respecting

K-econstruction Acts , 78

Thomas, J. W., report upon Mr. Bojd's resolution in relation

to delegates receiving pay for newspapers not taken 79

Thomas, J. W., report from Committee on Printing respecting

purchase of maps 112

Thomas, J. W., petition from citizens of Denton, Cook and

Grajson, asking formation of new county 155

Thomas, J. W., resolution respecting Constitution of 1860. . . 185

Thomas, J. W., resolution relating to newspapers taken bj the

Convention 221

Thomas, J. W., motion to take up resolution to discontinue

newspapers, action thereon 248 to 250

Thomas, J. W., resolution providing for discontinuing of news-

p'tpers, action thereon. 252 to 254

Thomas, J. W., report from Committee on Printing, respecting

Austin Republican and San Antonio Free Press 263

Thomas, J. W., ' resolution providing that the question of

INDEX. 1085

PAGE,
division of the State sliall be only entertainc.l ])y autlK.r-
ity of Congress, action upon 391 to 394

Thomas, J. W., resolution respecting division of the State,

action thereon 403, 404, 405

Thomas, J. W., resolution providing that the question of
division of the State should be entertained by Convention,
action thereon . .409 to 411

Thomas, J. W., resolution appropriating $500 to pay expenses

of tclescrams 488

Thomas, J. W., of Collin, resolution providing that Convention

establish no new counties, in certain cases 592, 593

Thomas, J. W., excused from serving on Millican Riot Com-
mittee 594

Thomas, J. W., resolution respecting per diem pay of absent

members Go9, 660

Thomas, J. W., resolution altering sessions of Convention. . . . 644

Thomas, J. W.. petition from citizens of Kaufman, Cullin. Dal-
las and Hunt counties, asking formation of new county . - 627

Thomas, J. W., of Collin, resolution providing that the Consti-
tution of 1845 be the Constitution of Texas 735, 736

Thomas, J. W., resolution discontinuing newspapers during the

recess 940

Thomas, J. W., declaration granting land to Africans and their

descendants 940

Towns and counties, respecting names of 127

Treasurer, communication from 26

Treasurer's report, 200 copies to be printed 28

Treasurer, report from as to political status of employes in

office 461

1086 INDEX.

PAGE.

Tunstail, W. V., elected Secretary 4

Universitj lands, resolution respecting 397

United States bonds, five per cent., information respecting asked

for 488

United States soldiers, from Texas, action upon report of Com-
mittee on Federal Relations, granting lands to 845, 847

Varnell, resolution prohibiting the sale of liquors within a cer-
tain distance of seminaries 246

Varnell, protest against postponing consideration of report of

Committee on General Provisions 250

Varnell, resolution defining the qualification of legislators .... 251

Varnell, resolution protecting from forced sale wife's separate

property : . 555

Varnell, Committee on Apportionment, report from 642, 643

Varnell, report from Committee on Apportionment 825

Vauglian, F. A., report from Committee on Printing 39

Vaughan, F. A., report from Committee on Printing 49

Vaughan, F. A., resolution appropriating flOO,000 to pay
bounty to soldiers of First and Second Texas U. S. Vol-
unteers ^. . 173

Vaughan, F. A., resolution relating to railroad charters 307

Vauglian, F. A., declaration authorizing police court of Guad-
alupe to levy special tax 736

INDEX. 1087

PAGE.

Vote, plurality to elect 6

Vote, adopting oath of office, reconsidered 24

Waldron, T. II., appointed Enrolling Clerk • 924

Warrants, drawn by Comptroller, from September 4. 1867, to

May 1, 1868 '. . . . 3o8, 363

Watrous, declaration providing qualifications for holding office . . 308 ,

Watrous, resolution providing that no person, on account of

color, etc., shall be excluded from office 488

Wheelock, E. M., Superintendent of Education, report of . . , . 65

Whitmore, G. W., temporary chairman 8

Whitmore, G. W., substitute to minority report upon forced

sales by sheriffs 118

Whitmore, G. W., reports from Committee on Finance 132

Whitmore, G. W., report from Committee on Finance upon
resolution to discharge reporter and discontinue newspa-
pers 261

Whitmoi-e, G. W., report from Committee on General Provi-
sions upon sundry resolutions 308, 304

Whitmore, G. W., report from Committee on Finance upon

petition of S. B. Buckley 448

Whitmore, G. W., reports from Committee on Finance upon

certain resolutions 471, 472

t^^'Whitmore, G. '1^'^., resolution asking information from Governor

E. M. Pease respecting United States five per cent, bonds 488

1088 IXDEX.

PAGE.
Whitmore, G. W., report from Committee on Lawlessness a;n<l

Violence 500 to 505

Whitmore, G. W.. resolution rvskinii; that Conjiress send a com-

mittee to inquire into condition of State 506, 507

Whitmore, G. W., report .from Committee on General Provi-
sions respecting divorce for H. ilodefeld 531

Whitmore, G. W., repoi't from Committee on General Provi-
sions, reporting new .sections to Consiitution, ....... 531, 582

Whitmore, G. W., report frpm Committee on General Provi-
sions, upon certain resolutions 533

Wliitmore, G. W., reports from Committee on Finance upon

certani resolutions 6io to G18

Whitmore, G. W., report from Committee on General Provi-
sions upon declaration of Watrous of Washington 714

Whitmore, G. W., report from Committee on General Provi-
sions recommending additional sections . . 715

Whitmore, G. W., report from Committee on Finance recom-
mending payment of J. Cassidaj. 741

Whitmore, G. W., report from. Committee on General Provi-
- sions respecting indebtedness of counties, towns, and cor-
porations 7"^

Whitmore, G. W., report from Committee on General Provi-
sions, respecting the levying special tax for road purposes 765

Whitmore, G. W., resolution asking Gen. Reynolds to create a

new judicial district 769 i*' j

Williams, J. K., elected Assistant Sergeant-at-Arms . , 6

Williams, B., added to Committee on General Provisions 426

Williams, B,, declaration respecting equal j;ights upon public

conveyances 426

. )
jdn of Brazoria, resolution mi
iii-r to contract for publicatiort-

3on of Brazoria, resolution respectmgs
recteem property • • -^

son of Brazoria, declaration providing
deem property sold

,spn of Brazoria, declaration for levying a spe(S&^ .

■ build bridges, roads, etc a

1
icrht added to Committee on Internal ImprovementaV

° .A

■ight, resolution for appointment of committee to inqt
to number of clerks in Land Office

•io-ht, resolution respecting report of Committee on Educ,

^borough, resolution relating to specie in treasury 43

ough, resolution respecting jail in Wood county 414

>n.,a-ougb, petition from citizens of ' Wood, Hopkins, Hunt
;.nd Van Zandt counties, asking formation of new county-^.

vrborougb, resolution for delivery of land patents . .^^

^^moxvyh, resolution tor tbe punishment of unlawfu'
rioi° and to provide for illegitimate children/

'^^

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