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Full text of "Journal of the Secession convention of Texas, 1861"

Texas Library and Historical Commission 
THE STATE LIBRARY 



JOURNAL OF THE SECESSION 
CONVENTION OF TEXAS 

1861 



EDITED FROM THE ORIGINAL IN THE 
DEPARTMENT OF STATE BY ERNEST 
WILLIAM WINKLER, STATE LIBRARIAN 



AUSTIN PRINTING COMPANY 
1912 



510-622-in 

Texas Library and Historical Commission 
THE STATE LIBRARY 



JOURNAL OF THE SECESSION 
CONVENTION OF TEXAS 

1861 



EDITED FROM THE OKIGINAL IN THE 
DEPARTMENT OF STATE BY ERNEST 
WILLIAM WINKLER, STATE LIBRARIAN 



AUSTIN PRINTING COMPANY 
1912 



^'p 









CONTENTS 

Page. 
Prefatory note 5 

Signs and abbreviations 6 

Chronology 7 

Journal of the Secession Convention : 

. Preface 9-14 

Journal of the First Session, Jan. 28 — Feb. 4 15-85 

Journal of the Adjourned Session, March 2-25 86-251 

Appendixes : 

I. Address to the people of Texas 252-621 

II. Eeports of the Committee on Public Safety : 

Nos. 1 and 8. On the acts of the commissioners 

to San Antonio 262-308, 396-398 

No. 2. On the mission to Louisiana to procure 

arms 308-315 

Nos. 3 and 4. On the acts of the commissioner 
to procure funds and on the Rio Grande expe- 
dition 316-364, 400-403 

Nos. 5 and 7. On the acts of the committee dur- 
ing its visit to Galveston 364,365, 389-396 

No. 6. On the acts of the commissioner to the 

northwest frontier 366-389 

No. 9. Of the committee appointed to confer 

with Governor Houston 398-400 

III. List of the delegates 405-408 

IV. Certificates of election 409-452 

Index 453-469 

Errata 470 



Ji45235 



PREFATORY NOTE 

The fiftieth anniversary of the secession of Texas, March 2, 1911, 
was not marked by general public observance. The thirty-second 
legislature was in session at the time in the City of Austin as the 
eighth legislature had been in session in that city about the same 
time (January 21-February 9 and March 18-April 9) in 1861. The 
thirty-second legislature made an appropriation, the first of its kind 
in the history of Texas, for the publication of a volume of historical 
archives. The Library and Historical Commission considered it 
appropriate to select for the subject matter of this initial volume 
the Journal of the Secession Convention of Texas. This Journal 
appeared in the newspapers at the time the Convention was in 
session, but on account of an empty treasury it was not printed in 
book form. In importance the Secession Convention ranks with the 
convention that declared the independence of Texas. Its acts and 
proceedings have hitherto been almost inaccessible to the reader. 

The Journal as recorded by the secretary of the Convention has 
been carefully followed. In some instances, where the secretary 
did not record ordinances submitted, the original drafts, and in 
y few cases printed copies, were found and regarded of sufficient 
importance to be inserted. A few reports of committees and some 
communications to the Convention have likewise been inserted in 
the Journal. In every case such additions and their source have 
been indicated. Wherever the original has been available it has 
been followed verbatim et literatim. However, in the case of the 
Journal and of documents for which the originals were not at hand 
the editor disregarded peculiarities of spelling, capitalization and 
punctuation. The signatures to the ordinance of secession are re- 
produced after a photograph made from the original parchment. The 
photograph, however, had to be retouched to produce an engraving 
that would give a clear impression. 

State Library, Austin. 
December 1, 1912. 



ABBREVIATIONS 

A list of abbreviations used in this volume : 

MS. Manuscript. 

A. D. Autograph document. 

A. D. S. Autograph document signed. 

L. S. Letter signed. 

A. L. S. Autograph letter signed. 

[ ] Words or letters supplied. 

? ? ? Doubtful 'reading, or queried information supplied. 



CHRONOLOGY 

I8 60, Aug. 5. The town of Henderson was burned. About this time 
there were many reports of incendiary fires, poisonings, negro up- 
risings and the like, which produced a mania of suspicion, leading 
to the expulsion of suspects and in a few cases to lynching. 
There sprang into existence committees of safety, military com- 
panies, and the K. G. C. found a ready welcome. 

Aug. 6. State election for attorney general, comptroller and 
treasurer. 

Aug. 18. Sam Houston in an address to "My friends in the 
United States" withdrew his name from the list of candidates 
for the presidency. 

Oct. 26-Nov. 15. Many castles of the K. G. C. were organized. 

Nov. 6. Presidential election day. 

Nov. 15-Dec. 31. Many public meetings were held at which the con- 
vening of the legislature in extra session was requested. 

Nov. 21. Sam Houston to the citizens of the frontier. 

Nov. 22-27. Indian raid in Jack county. 

Nov. 28. Sam Houston to the governors of the Southern States. 

Dec. 1. O. M. Roberts made a public address at Austin. 

Dec. 3. O. M. Roberts prepared a call for a convention. 

Dec. 3. Sam Houston to the people of Texas. 

Dec. 3., Delegate elected to State convention in district 35. 

Dec. 8. Citizens at Austin issued a call for a convention. 

Dec. 15. R. T. Wheeler published a letter respecting the crisis. 

Dec. 17. Sam Houston issued proclamation convening legislature 
in extra session January 21, 1861. 

Dec. 20. South Carolina seceded. 

Dec. 22. Mass meeting of Unionists at Austin. 

Dec. 22. Delegates elected in districts 3 and 4 8. 

Dec. 24. Delegates elected in district 15. 

Dec. 26. Delegates elected in district 19. 

Dec. 27. Sam Houston issued proclamation for an election on 
February 4, 1861, for seven delegates to a convention of the 
Southern States. 

Dec. 29. Delegates elected in district 24. 

Dec. 31. Delegates elected in district 21. 

1861. Jan. 1. Delegates elected in district 38. 

Jan. 5. Printing office of Die Union, Galveston, destroyed by mob, 

Jan. 5. J. M. Calhoun, commissioner from Alabama, to Sam 
Houston. 

Jan. 7. Sam Houston to J. M. Calhoun. 

Jan. 8. Unofficial election of delegates to a State convention. 

Jan. 9. Mississippi seceded. 

Jan. 11. Alabama and Florida seceded. 

Jan. 20. Georgia seceded. 

Jan. 21. Legislature met in called session. 

Jan. 21. Legislature repealed joint resolution, authorizing the 
sending of delegates to a convention of the Southern States. 

Jan. 21. Sam Houston sent a message to the legislature. 

Jan. 26. Louisiana seceded. 

Jan. 28. Convention met. 

Jan. 30. Committee on public safety was appointed. 

Feb. 1. Convention adopted ordinance of secession, 

Feb. 2, Convention adopted declaration of causes which impelled 
Texas to secede, 

Feb. 4. Governor Houston approved joint resolution, passed Jan- 
uary 28, by the legislature recognizing the convention. 



ClIRONOIX)GY. 

Feb. 4. Convention elected delegates to the Montgomery con- 
vention. 

Feb. 4. Convention adjourned until March 2nd. 

Feb. 6. Address to the people of Texas by the opponents of seces- 
sion. 

Feb. 9. Legislature adjourned until March 18th. 

Feb. 9. Governor Houston issued proclamation ordering election 
to be held Feb. 23 for ratifying or rejecting the ordinance of 
secession. 

Feb. 10. O. M. Roberts issued an address advocating the adoption 
of the ordinance of secession by the people. 

Feb. 16. U. S. arsenal and barracks at San Antonio were seized by 
committee on public safety. 

Feb. 18. U. S. military posts in Texas surrendered by Gen. Twiggs. 

Feb. 19 General Twiggs was superseded by Colonel Waite. 

Feb. 21. U. S. property at Brazos Santiago seized. 

Feb. 21. Camp Cooper abandoned. 

Feb. 23. Election. For ratifying the ordinance of secession and 
to fill vacancies in the convention. 

Feb. 26. Camp Colorado abandoned. 

Mar. 1. General Twiggs dismissed from the service of the U. S. 

Mar. 2. Convention reassembled. 

Mar. 4. Vote on ordinance of secession counted. 

Mar. 4. Gov. Houston issued proclamation declaring Texas had 
seceded. 

Mar. 4. Convention adopted ordinance relative to the removal of 
U, S. troops from Texas. 

Mar. 5. Convention adopted ordinance uniting Texas with the 
Confederate States. 

Mar. 6. Gov. Houston refused to recognize the conTention. 

Mar. 7. Ringgold Barracks abandoned. 

Mar. 7. Camp Verde abandoned. 

Mar. 12. Fort Mcintosh abandoned. 

Mar. 14. Convention adopted ordinance to provide for the con- 
tinuance of the existing State government. 

Mar. 15. Camp Wood abandoned. 

Mar. 15. Convention administered oath to State officers members 
of the convention. 

Mar. 16. Convention administered oath to State officers. 

Mar. 16. Sam Houston's address to the people of Texas. 

Mar. 16. Offices of Governor and Secretary of State declared 
vacant. 

Mar. 17. Camp Hudson abandoned. 

Mar. 18. Legislature reassembled. 

Mar. 18. Sam Houston offered a message to the legislature. 

Mar. 19. Fort Clark abandoned. 

Mar. 19. Fort Inge abandoned. 

Mar. 19. Fort Lancaster abandoned. 

Mar. 19. Oath administered to members of the legislature. 

Mar. 20. Fort Brown abandoned. 

Mar. 20. Fort Duncan abandoned. 

Mar. 21. Sam Houston's farewell address. 

Mar. 23. Fort Chadbourne abandoned. 

Mar. 23. Convention ratified permanent constitution of the Con- 
federate States. 

Mar. 25. Convention adjourned. 

Mar. 29. Fort Mason abandoned. 

Mar. 31. Fort Bliss abandoned. 

Apr. 5. Fort Quitman abandoned. 

Apr. 9. Legislature adjourned. 

Apr. 12. Fort Sumter, S. C, fired upon. 



Journal of the Secession Convention 

PREFACE2 

To our fellow citizens of the State of Texas 

The election of a president of the United States by the great sec- 
tional party of the North has been accomplished. 

The insults, threats 'and aggressions which have been directed at 
the honor, the equality, and the happy social existence of the people 
of Texas and the South for the last forty years have reached a climax. 

The people of Texas are justly alarmed at the impending destruc- 
tion of all that is valuable to freemen. 

The distinguished governor of our State has been petitioned by a 
large number of the citizens of Texas to convene her legislature, pre- 
liminary to a convention of the people. 



^The following appears on the title page of the volume containing the 
manuscript journal of the Secession Convention: 

Record 
of the Journal of the Convention 

of the People of Texas 
which assembled at the City of Austin 

On the 28th day of January A.D. 1861. 
And which abrogated the Articles of Annexa- 
tion between the State and the Government 
of the United States of America, and annexed 
the State of Texas to the Confederate 
States of America. 

Recorded by order of the Convention. 
1861. 

*This address or call was published in T^e ^tate Gazette (Austin), 
December 8, 1860. It received following editorial notice: "We invite 
the attention of our readers to an address signed by many citizens, sug- 
gesting an election of delegates on the 8th of January next, to a Con- 
vention of the people of Texas, to meet on the 4th Monday of ^he same 
month, in this city, to express the sovereign will of the people. Its final 
action will of course be submitted to a popular vote at the ballot-box 
for ratification or rejection. Gen. Houston has already declared that 
he will not stand in the way of the popular wish. . . It will be seen 
that Lieut. Gov. Ed. Clark is one of the signers to the address; the 
Hon. Robert J. Townes is another. We rejoice to see our patriotic 
citizens of all parties, forgetting past differences and rallying as one 
man in defense of the honor and safety of our State." 

Another call had been prepared a few days before. Ex-Governor 
Roberts gives following account of it: "On December 3, 1860, aftfer a 
very anxious consultation, it was determined to make a citizens' call 
for a convention by meetings in different parts of the State. W. P. 
Rogers, George M. Flournoy, and O. M. Roberts were selected to draw 
up the call to be introduced and passed in the said meetings. Where- 



10 Journal of the Secession Convention 

Our State constitution has provided that on "extraordinary occa- 
sions" th^ governor "shall have power to convene the legislature." 

The legislatures of a number of our sister Southern States have 
already been called The evidences of alarm, indignation and re- 
sentment, together with a most earnest desire to counsel for their own 
safety, have come up from the people in every quarter of our State. 

Governor Houston has not yet seen proper to convene our legisla- 
ture; there is reason to hope that he will yet do so.^ 

A legislature cannot express as a convention may the sovereign 
will of the people of the State of Texas 

The constitution does not give either the governor or the legisla- 
ture the power to call a convention. Their doing so would be a mere 
consent that the people might act. The people have the right to act 
as expressly provided in our State constitution without such consent. 
Art. 1st of the Bill of Rights declares "All political power is inherent 
in the people, and all free governments are founded on their authority 
and instituted for their benefit; land they have at all times the in- 
alienable right to alter, reform, or abolish their form of government 
in such manner as they may think expedient." 

Should the legislature be noAv called, it could not probably assemble 
before some time in January, and then it would be too late to provide 
for a convention, which could not meet until about or after the time 
of the inauguration of Abraham Lincoln as president of the United 
States. 

If the people proceed now to the election of delegates to a conven- 
tion (which they have the unquestioned right to do) the legislature 
will doubtless ratify what the people have done. 

Governor Houston very fully recognizes the right of the people to 
act primarily in this matter, in his letter to the citizens of Huntsville, 
of November,'' 1860, wherein he justly says, ' ' Has the time come ? If 
it has, the people who have to bear the burthens of revolution must 

upon they, with John S. Ford, repaired to Judge Roberts's office, where 
he with their assistance drew up the call, copies of which were sent 
to different points throughout the State and there adopted in mass- 
meetings and promulgated, so as to give it general notice over the 
State." — (A Comprehensive History of Texas, II, 87.) 

The Roberts call (loc. cit.) is briefer than the address here printed, it 
enumerates with greater detail why the assembling of a convention at an 
early date is necessary, and recommends the same plan for the election of 
the delegates. Its main point of difference is its silence on the subject of 
submitting the action of the convention to a vote of the people. 

The authority of the secretary of the Convention for including in the Jour- 
nal the data contained in this preface was conferred by a resolution offered 
by Mr. Chilton and adopted March 16, 1861. 

•The proclamation of Governor Houston, convening the legislature 
in extra session on January 21, 1861, is dated December 17, 1860. 

^Governor Houston's letter to the citizens of Huntsville, dated Novem- 
ber — , 1860, is printed in the True Issue (La Grange), November 29, 1860. 



Journal op the Secession Convention 11 

themselves effect the work." It is then clear that he will abide the 
expression of the people's will. 

Therefore, partaking of the feeling Qf solicitude common to our fel- 
low citizens, and believing that concert of action is universally desired, 
and it being necessary that some basis should be set forth to ensure 
such concert, the undersigned citizens of Texas, residing in different 
portions of the State, having had an opportunity of conversing with 
a large portion of our fellow citizens of the State, and pretending 
only to an authority equal -to that of a similar number of our fellow 
citizens in any locality, and prompted alone by a most earnest and 
we trust patriotic desire for concert of action,^ 

Suggest: • 

That an election of delegates be held on the 8th day of January, A. 
D. 1861, or as soon thereafter as practicable, when any county may 
not be able to hold an election on that day, to a-semble in a conven- 
tion of the people of Texas at the citj^ of Austin, on the 4th Monday 
in January A. D. 1861, or as soon thereafter as practicable. 

That said election be ordered unofficially by the chief justice of 
each county or district, or in case of his failure or refusal to act 
forthwith, then by any one or more of the county commissioners, or 
in case of the refusal of the latter to act forthwith, then by a commit- 
tee of five citizens of such county or district. 

That the qualifications of electors shall be the same, and as near 
as practicable the manner of holding such election be the same, an 
that provided for by the laws of the State of Texas of force govern- 
ing elections for members of the legislature. 

That the returns of said elections be made to the person or persons 
ordering the same, a< soon after the same shall have been held as prac- 
ticable ; and that the certificate of election be issued immediately by 
such person or persons to whomsoever shall have received the largest 
number of votes polled. 

And where there is under the new apportionment a representative 
district composed of more than one county, the votes polled shall be 
returned to the person or persons ordering an election in the county 
of said district, the chief justice of which is, under said apportionment 
bill, made the returning officer of such district; and the certificates 
of election shall be issued by such person or persons. 

That said election be upon the basis of the new apportionment bill, 
approved February 6th, A. D. 1860, except that there be no repre- 
sentation for the senators provided for in said apportionment, but 

"This paragraph is quoted by Roberts (loc. cit., 89), but its sense is destroyed 
by careless proofreading. The list of signers to the address as quoted by 
Roberts omits eleven names and misspells a number of those given. 



12 



Journal of the Secession Convention 



that each county or district elect two delegates for each member of 
the house of representatives to which it may be entitled; so that the 
number of said delegates shall be just double the number of members 
in the house of representatives in said legislature. 

That the action of said convention be submitted to the people for 
ratification or rejection at the ballot box at the earliest practicable 
time after its adjournment 

We trust that the newspapers throughout the State will publish 
this mode of action and urge its adoption. 

We hope that those counties where a slight change of programme 
will be necessary will not regard such change as in uperably ob- 
jectionable, for w^e cafi assure all that the, above has been deemed to 
accord more with the general wish than any particular plan yet pro- 
posed by any county, and is arrived at from full and free consulta- 
tion with a number of persons from all sections of the State. 

We further recommend to our fellow citizens that they at once put 
forward candidates for said convention. 



D. M. Prendergast, Limestone Co. 

John Gregg, Freestone Co. 

L. K. Preston, Galveston. 

A. A. Kemble, Waxahatchie. 

W. S. Oldham, Washington Co. 

J. B. Banks, Travis Co. 

Jas. H. Fry, Webberville. 

Jesse Billingsley, Bastrop Co 

Roger Q. Mills, Navarro Co. 

C. M. Winkler, Do. 

C. Reich, Guadalupe Co. 

Clement R. Johns, Hays Co. 

Geo. W. White, Travis Co. 

T. D. Moseley. 

C. H. Randolph, Houston Co. 

George Flournoy. 

Joseph Lee. 

Jno. R. Baylor, Parker Co. 

George Baylor, Do. 

S. Crosby. 

W. J. Darden, Colorado Co. 

Wm. P. Stapp, Calhcun Co. 

W. W. Apperson. 

Louis Horst. 

Jno. B. Costa. 

Thomas Green. 



R. T. Brown rigg. 

J. C. Higgins, Bastrop Co. 

A. H. Parrish. 
J. E. Rector. 

J. E. McCord, Hays Co. 

Jas. P. Neal, Travis Co. 

Wm. Lee Chalmers, Travis Co. 

Geo. W. Guess, Dallas. 

Morris R. Reagan. 

Jno. A. Green. 

Geo. J. Durham. 

W. C. Pitts. 

Ed. Clark. 

T. J. Chambers, Chambers Co. 

W. N. Hardeman. 

Junius W. Smith. Tarrant Co. 

Wm. Byrd. 

Jno. A. Wharton, Brazoria Co. 

B. S. Whitaker, Lampasas Co. 



M. L. Cooksey, 


Do. 


T. C. Jackson, 


Do. 


R. J. Moore, 


Do. 


John Burleson, 


Do. 


S. Fletcher, 


Do. 


Mark Bean, 


Do. 


J. P. Gi})son, 


Do. 



JOURNAI. OF THE SECESSION CONVENTION 13 

Thos. Moore, Burnet Co. Edward Bailey, Do. 

H. E. McCulloch, Guadalupe Co. T. N. Waul. 

S. G. Sneed, Sr., Travis Co. AVm. Carleton. 

C. E. Bums, Robertson Co. J. H. Lightfoot. 

T. D. Robertson, Do. James E. Harrison. 

P. H. Smith, Do. Robert J. Townes, Travis Co. 

A. T. Rainey, Anderson Co. A. R. Crozier, Do. 

Jno. J. Good, Dallas Co. J. M. Steiner, Do. 

Jno. T. Pruitt, Travis Co. C. Kyle, Hays Co. 

R. M. Bomar, Caldwell Co. M. D. Graham, Rusk Co. 

(The foregoing address was generally adopted and acted upon by 
the people of the State, and may be regarded as the origin of the plan 
of the election of the delegates w^ho afterwards composed the conven- 
tion. In the meantime the governor of the State convened the leo^is- 
lature in extraordinary session on Monday Jany. 21st 1861, one week 
preceding the meeting of the convention; upon its assembling 
the legislature passed the following) 

Joint Resolution 

concerning the Convention of the People of Texas, called in pur- 
suance of the Bill of Rights. 

Whereas the people of Texas, being much concerned for the preser- 
vation of the rights, liberties, and powers of the State and its inhab- 
itants, endangered by the political action of a majority of the States, 
and the people of the same have, in the exercise of powers reserved 
to themselves in the bill of rights, called a convention, composed of 
two members for each representative in the legislature from the va- 
rious districts established by the apportionment law of 1860, to as- 
semble on the 28th day of January, 1861, at the city of Austin, w^hich 
convention, by the terms of the call, made by numerous assemblages 
of citizens in various parts of the State, was, when elected and as- 
sembled, to have power to consider the condition of public affairs, to 
determine what shall be the future relations of this State to the Union, 
and such other matters las are necessarily and properly incident 
thereto ; and in case it should be determined by said convention, that 
it is necessary for the preservation of the rights and liberties afore- 
said, that the sovereignty of Texas should resume the powers dele- 
gated to the Federal Government in the constitution of the United 
States, and by the articles of annexation, then the ordinance of said 
convention resuming said delegated powers and repealing the ratifi- 
cation by the people of Texas of said articles of annexation should 
be submitted to a vote of the qualified electors of this State for their 
ratifica-tion or rejection; therefore. 



14 Journal of the Secession Convention 

1. Be it resolved by the Legislature of the State of Texas, That 
the Government of the State of Texas hereby gives its assent to and 
approves of the convention aforesaid. 

2. That this resolution take effect and be in force from and after 
its passage. 

Approved Feby. 4th 1861. by the Governor "With a protest against 
the assumption of any powers on the part of said convention, beyond 
the reference of the question of a longer connection of Texas with 
the Union to the people" 

Upon the passage of the Joint Resolution in the senate the vote 
stood. 

For the resolution, Mesrs. Blanch, Britton, Chambers, Duggan, 
Dulany, Erath, Fall, Gentry, Grimes, Guinn, Harman. Herbert, Hyde, 
Lott, Martin, Miller, Parsons, Pitts, Potter, Quinan, Schleicher, Shep- 
ard, Stockdale, Walker and Whaley, 25. 

Against the resolution, Mesrs. Hart, Paschal. R^ins, Throckmorton 
and Townes, 5. 

In the house of representatives the vote stood, 

Yeas, Mesrs. Speaker (M. D. K. Taylor), Anderson, Baxter, Barc- 
lay, Benevides, Billingsley, Branch, Bryan, Buckley, Caddell, Craig, 
Crawford, Crooks, Culberson, Cumbey, Dale, Darnell, Davis of Bas- 
trop, Davis, of Hays, Dennis, Duncan, Ellett, Flevvellin, Francis, 
Franklin, Foscue, Hall, Harrison of Cherokee. Harrison of Van Zandt. 
Hartley, Henderson, Houghton, Hubbard, Hubert, Lewis of Mont- 
gomery, Lewis of Robertson, Lewter, Lynch, Mabry, Manley, Mav- 
erick, Maxey, Morris, McCutcheon, McKnight, Middleton, Mills, Mun- 
son, Navarro, Nelson, Parker, Perry, Pirkey, Redwine, Robinson, Ross, 
Rose, Shannon, Shelton, Short, Smith, Speights, Stewart, Waelder, 
Walworth, Warfield, Waterhouse, Whitfield, W^ortham and 
Wrede, 70. 

Nays, Mesrs. Camp, Clark, Edwards, Epperson, Norton, Owens, 
Redgate, Taylor of Fannin, and Whitmore, 9." 

•A list of the names with nativities, ages, time of immigration, residences, 
occupations and postoffices of the senators and representatives of the eight 
legislature is printed in the Journal of the House of Representatives, Eight 
Legislature, 722-729. The vote in the senate was taken January 28, 1861, 
(Journal of the Senate of Texas, Extra Session of the Eighth Legislature, 51). 
The vote in the house of representatives had been taken earlier on the same 
day. There are several discrepancies in the lists of yeas and nays as set 
forth above and those recorded in the house journal (Journal of the House 
of Representatives... . Extra Session of the Eighth Legislature, 61). 



FIRST SESSION 

City of Austin Texas 
Monday January 28th 1861. 

The Convention composed of delegates from the several representa- 
tive districts of the State of Texas, elected by the free, sovereign and 
independent people, under the authority recognized by the 1st section 
of the bill of rights of the State constitution, to represent the sov- 
ereignty of the State in convention assembled, met in the City of Aus- 
tin in the hall of the house of representatives, tendered to them by 
a vote of the House of Representatives,^ on Monday January 28th A. 
D. 1861, 2 o'clock P. M. 

On motion of Mr. Rogers of Harris, Mr. Jno. D. Stell of Leon 
county was appointed president pro tempore of the Convention. 

The Convention being called to order prayer was offered by the Rt. 
Rev. Alexander Gregg, bishop of the Protestant Episcopal Church 
of the diocese of Texas. 

W. L. Chalmers and H. H. Haynie were requested to act as secre- 
taries ''pro tem," and C. A. Hopkins and A. T. Logan as sergeants 
at arms "pro tem." 

On motion of Mr. Oldham, Mr. Claiborne Rector was enrolled as a 
delegate from the county of Wilson for the present. 

Mr. Scott offered the following resolution, 

"Resolved that a committee to consist of persons be ap- 

pointed to examine the credentials of all such persons as claim to be 
members of this Convention, and that they report at " 

Mr. Holt moved to fill the 1st blank in the resolution with "Ten." 
Lost. 

'On March 9, 1861, the Convention adopted an ordinance, entitled "An ordi- 
nance to provide for the enrollment, publication, and preservation of the 
ordinances of the Convention." Section 5 provided "That it shall be the duty 
of the Secretary of this Convention to record the journals of the proceedings 
of this Convention in a well bound book to be kept for that purpose, and by 
him, to be deposited in the office of the secretary of state for safe preserva- 
tion." The volume selected by the secretary is a leather bound book of four 
hundred pages, measuring 11 x 17 inches. The entire journal is in the hand- 
writing of the secretary, and covers pages 1-223. 

Of the original papers of the Secession Convention only a small portion 
has been found. They are filed in Box No. 258, labeled "Convention of 1861," 
in the Department of State. They consist of the election certificates of the 
delegates to the Convention, included in Appendix IV below; drafts of ordi- 
nances, applications for appointment to office in the military service, recom- 
mendations of applicants, and tenders of the service of individuals and of com- 
panies. Reference will be made to these original documents as "Miscellaneous 
Papers of the Secession Convention." 

*0n January 23rd, the House adopted following resolution: 
Resolved, That the use of the hall of the House of Representatives as well 
as fuel and stationery be tendered to the Convention, which will meet on next 
Monday, each day while said Convention may be in session, at and after the 
hour of 2 o'clock, ,P. M. — (Journal of the House of Representatives. . . 
Extra Session of the Eighth Legislature, 45). 



1() Journal of the Secession Convention 

On motion of Mr. Ochiltree the 1st blank in the resolution was filled 
with "five," and at the end of the resolution was added the words 
**7 o'clock tonight'* 

Mr. Davidson moved to amend by adding, "and to ascertain and 
report to this Convention the number of votes polled in the several 
representative districts of this State for delegates composing this Con- 
vention ' '. 

The resolution and amendment were on motion of Mr. Cleveland 
postponed for the present. 

Mr. Green offered the following resolution which was adopted. 

"Resolved that the roll be called and certificates of election be 
handed to the Secretary, and that if a majority appear in form then 
the Conventioii proceed to permanent organization." 

On motion the following names were then enrolled as delegates for 
the present, with the privilege of submitting their credentials when 
received to the committee on Credentials. F. P. Price, Jasper county, 
A. G. Clopton, Cass county, A. T. Rainey, Anderson county, M. D. 
Graham, Rusk county, James Hooker, Hunt county, E. P. Nicholson, 
Dallas county, E. Earley, Grayson county, James Walworth and Jno. 
S. Ford, Cameron Co. 

Mr. Maxey mov(*d that the Convention ^o into an election of a per 
manent presiding officer. 

Mr. Jennings offered the following resolution as a substitute for 
the motion, 

"Resolved that the permanent officers of this Convention shall con- 
sist of a president, secretary, 1st assistant secretary, 2nd assistant 
secretary, sergt. at arms, assistant sergt. at arms, doorkeeper and 
assistant doorkeeper, to be elected by ballot." 

And the resolution was adopted. 

The election of a president being first in order, Mr. Gray nominated 
the Hon. 0. M. Roberts of Smith county. 

Mr. Fields nominated the Hon. Wm. B. Ochiltree of Harrison 
county, who respectfully declined and moved that the Hon. 0. M. 
Roberts be declared the president of the Convention by acclamation. 
Carried. 

On motion of Mr. Rainey a committee of three were appointed by 
the President "pro tem" to wait upon Mr. Roberts and conduct him 
to the chair. 

Mesrs. Rainey, Flournoy and Gray were appointed the committee. 

On taking the chair the President remarked, "7 how to the sover- 
eignty of the people of my State. All political power is inherent in 
the people. That power, I assert, you now represent. We have been 
congregated in obedience to the public will, by the spontaneous and 



Journal of the Secession Convention 17 

voluntary concert of the people of this State, to consider and dispose 
of questions equally as momentous and more varied than those that 
were solved by our revolutionary forefathers of '76 ! The crisis upon 
us involves not only the right of self government, but the mainte- 
nance of a great principle in the law of nations — the immemorial rec- 
ognition of the institution of slavery wherever it is not locally pro- 
hibited — and also the true theory of our general government as an as- 
sociation of sovereignties, and not a blended mass of people in one 
social compact However grave the issues now presented may be, 
I trust this body will be fully adequate to their solution, in such man- 
ner as to preserve the rights of the State. While not insensible to the 
great honor conferred upon me by this body of distinguished citizens, 
I am aware that my selection is attributable more to my position in 
the judiciary of the State than to my experience or knowledge of par- 
liamentary deliberations. It is an indication to the world that this 
movement of the people of Texas has not originated in any revolu- 
tionary spirit of social disorder, and I doubt not that the moderation 
and wisdom of your deliberations and acts will demonstrate it. ' ' 

The election for secretary being next in order, 

Mr. Hogg nominated J. Pat. Henry. 

Mr. Nicholson nominated R. H. Lundy. 

Mr. Armstrong nominated R. T. Brownrigg. 

Mesrs. Ireland, Rogers of Harris and Stockdale were appointed 
tellers. 

On the 1st ballot Mr. Henry received 30 votes, Mr. Lundy received 
20 votes and Mr. Brownrigg received 93 votes. 

R. T. Brownrigg having received a majority of all the votes cast 
was declared duly elected secretary to the Convention. 

Nominations for 1st assistant secretary being next in order 

Mr. Stockdale nominated John Burlage 

Mr. Hardeman nominated M. S. Dunn. 

Mr. Wiley nominated W. D. Schoolfield 

Mr. Green nominated T. E. Moseley. 

On the 1st ballot Mr. Burlage received 47 votes, Mr. Dunn 25 votes, 
Mr. Schoolfield 57 votes and Mr. Moseley 8 votes 

There being no election the Convention proceeded to a 2nd ballot 
when Mr. Burlage received 44 votes, Mr. Dunn 10 votes, Mr. School- 
field 80 votes and Mr. Moseley 2 votes. 

Mr. Schoolfield having received a majority of all the votes cast was 
declared duly elected 1st assistant secretary to the Convention. 

On motion of Mr. Graham the resolution offered by Mr. Scott to- 
gether with the amendment thereto offered by Mr. Davidson were 
taken up and the amendment laid on the table. 



18 Journal of the Secession Convention 

On motion of Mr. Graham the vote fillinj^ the 2nd blank in the 
resolution with ''7 o'clock P. M." was reconsidered and the blank 
filled with "their earliest convenience" 

The resolution as amended was then adopted. 

Mesrs. Scott, Graham of Rusk, Nat. Terry, Wiley and Devine were 
appointed the committee. 

Mr. Brown offered the following resolutions which were adopted. 
. ''Resolved that the rules of the present house of representatives, 
so far as applicable, be adopted for the government of the Conven- 
tion. 

''Resolved that the galleries of the House be reserved for the 
use of spectators, and that no person be allowed on the floor of the 
Hall except members and officers of the Convention, the governor, 
lieut. governor, heads of departments, judges of the supreme and 
district courts, members and officers of the legislature, and reporters 
of the press. '- 

On motion of Mr. Brown, Mr. Plasters was requested to act as 
doorkeeper until one was elected. * 

Mr. Oldham moved to adjourn until 2 o'clock, P. M. tomorrow. 
Lost. 

Mr. Nat. Terry moved to adjourn until 8I/2 o'clock, P. M. Lost. 

On motion of Mr. Ochiltree the Convention adjourned until 71/2 
o'clock tonight. 

71/2 o'clock, P. M. 

The Convention met Roll called Quorum present. 

The election of a 2nd assistant secretary being next in order 

Mr. Nat. Terry nominated R. H. Lundy 

Mr. Coke nominated John Burlage 

On the 1st ballot Mr. Lundy received 70 votes and Mr. Burlage 
63 votes 

Mr. Lundy having received a majority of all the votes cast was de- 
clared duly elected 2nd assistant secretary to the Convention. 

The election of sergeant at arms being next in order. 

Mr. Fields nominated B. F. Durham 

Mr. Nelson nominated J. W. Johnson 

Mr. Oldham nominated A. T. Logan 

Mr. Davidson nominated Antonio Manchaca. 

On the 1st ballot Mr. Durham received 42 votes, Mr. Johnson 33 
votes, Mr. Logan 47 votes, Mr. Manchaca 17 votes and Mr. Hopkins 
2 votes. No election. 

Mr. Nelson then withdrew the name of Mr. J. W. Johnson, and the 
Convention proceeded to a 2nd ballot, when Mr. Durham received 65 
votes, Mr. Logan 67 votes and Mr. Manchaca 6 votes. No election. 



Journal of the Secession Convention 19 

Mr. Davidson then withdrew the name of Mr. Manchaca, and the 
Convention proceeded to the 3rd ballot, when Mr. Durham received 
72 votes and Mr. Logan received 71 votes. 

Mr. Durham having received a majority of all the votes cast was 
declared duly elected sergeant at arms to the Convention 

On motion of Mr. Robertson of Washington, Mr. Logan was de- 
clared by acclamation assistant sergeant at arms to the Convention. 

On motion of Mr. Stell the Convention took a recess of an hour and 
a half. 

(During the recess the audience was entertained by the Rev. Dr. 
George Carter, in an address, which for closeness of logic, beauty of 
diction, anecdote and pathos, all present coincided in the opinion, 
was rarely equalled, never excelled.) 

The recess having expired the Convention was called to order by 
the President. 

The election of a doorkeeper being next in order. 

Mr. Chilton nominated J. W. Johnson 

Mr. Brown nominated Wilson Randle 

Mr. Brown withdrew the name of Mr. Randle, and on his motion 
Mr. Johnson was declared by acclamation the doorkeeper to the Con- 
vention. 

On motion of Mr. Chilton, Mr. Randle was declared by acclamation 
assistant doorkeeper to the Convention. 

On motion of Mr. Rainey the President was authorized to appoint 
two messengers or pages to wait upon the Convention. 

Mr. Stell offered the following resolution, 

* ' Resolved that a committee of three be appointed by the President 
to wait upon his Excellency and inform him that this Convention is 
now organized, and ready to receive any communication that he may 
desire to make to this body." 

On motion of Mr. Jennings the resolution was postponed for the 
present. 

Mr. Portis offered the following resolution 

"Resolved that a committee, to consist of one from each judicial 
district represented in this Convention, upon Federal Relations be 
appointed by the President of this Convention." 

Pending which on motion of Mr. Chilton, the Convention adjourned 
until 2 o'clock, P. M. to morrow. 



Tuesday January 29th 1860. 
The Convention met pursuant to adjournment. Prayer by the 
Revd. Mr. Johnson of Titus County Roll called Quorum present 



20 Journal of the Secession Convention 

Mr. Scott, chairman of the committee on Credentials, made the 
following report. 

To the Hon. 0. M. Roberts 
President etc. 

The committee on Credentials respectfully submit the following 
report. Upon the examination of the credentials of delegates and from 
satisfactory evidence before the committee, we find the following del- 
egates regularly elected and entitled to seats in this Convention. 
From, 

District No. 1. Jefferson, Chambers etc — T. J. Chambers and Wm. 
Chambers 

District No. 2. Liberty and Polk — Chas. L. Cleveland and Jas. M. 
Maxey. 

District No. 3. Tyler and Hardin— W. A. Allen, N. B. Charleton 
and Philip Work. 

District No. 4. Jasper and Newton — W. M. Neyland, F. B. Price. 

District No. 5. San Augustine and Sabine — C. Dean and Jas. M. 
Burroughs. 

District No. 6. Shelby— A. W. 0. Hicks and L. F. Casey 

District No. 9. Houston— Jno. I. Burton and Jno. R. Hays. 

District No. 10. Anderson — A. T. Rainey and J. G. Stewart. 

District No. 11. Trinity, Houston and Anderson — Jno. Box. 

District No. 12. Cherokee — T. J. Jennings, Jos. L. Hogg, P. G. 
Rhome and J. M. Anderson. 

District No. 13. Rusk— M. D. Graham, W. C. Kelly, A. P. Gallo- 
way, J. R. Armstrong. 

District No. 14. Panola--D. Field, T. G. Davenport and W. R. Poag 

District No. 15. Harrison— W. T. Scott, Gil. McKay, A. Pope and 
W. B. Ochiltree. 

District No. 17. Smith— 0. M. Roberts, G. W. Chilton, 0. Lofton 
and J. C. Robertson. 

District No. 18. Cass— A. G. Clopton, J. H. Rogers 

District No. 19. Titus— J. F. Johnston, W. C. Batte and Jno. G. 
. Chambers. 

District No. 20. Cass, Titus and Bowie— H. R. Runnels, W. S. 
Todd, W. Warren and R. H. Ward. 

District No. 21. Upshur— W. F. Locke, S. W. Beasley, J. S. New- 
some and S. E. Black. 

District No. 24. Hopkins— W. T. Blythe, R. S. Askew and W. 
M. Payne. 

District No. 26. Wood— J. D. Rains and A. P. Shuford. 

District No. 27. Van Zandt, Kaufman and Henderson — L. W. 
Moore, W. R. Payne, J. Chisum and Wm. Nash. 



Journal of the Secession Convention 



21 



Hunt — Jas. Hooker and W. A. Mattox. 
Fannin — A. G. Nicholson and G. Smith. 
Fannin and Hunt — E. Earley and J. Wilson 
Grayson — W. W. Diamond, Jesse Marshall and 



District No. 28. 

District No. 29. 

District No. 30. 

District No. 31. 
J. G. Thompson. 

District No. 32. Collin — J. W. Throckmorton and Sam Bogart. 

District No. 34 and 35. Galveston and Brazoria — E. B. Nichols, 
Jno. Muller, E. C. Campbell and Jno. A. Wharton, 

District No. 36. Harris— P. W. Gray, Thos. S. Lubbock, Wm. P. 
Rogers and Wm. McCraven. 

District No. 37. Montgomery, Grimes and Brazos — J. W. Hutch- 
ison, R. J. Palmer, J. H. Dunham and Wm. Mcintosh. 

District No. 38. Walker — A. P. Wiley and L. A. Abercrombie 

District No. 39. Leon and Madison — Jno. D. Stell and Robert S. 
Gould. 

District No. 40. Freestone, Limestone and Falls — Chas. Stewart, 
W. W. Peck, D. M. Prendergast and John Gregg. 

District No. 41. Navarro and Hill — Joseph A. Clayton and J. P. 
Weir. 

District No.. 42. Ellis, Johnson and Parker — A. T. Obenchain, A. 
C. Hoyle, T. C. Neil and A. Bradshaw. 

District No. 43. Tarrant— J. E. Cook and Nat. Terry. 

District No. 44. Dallas — E. P. Nicholson, Pleasant Taylor and 
W. S. J. Adams. 

District No. 46. 

District No. 47. 



Cooke, etc. — Jas. J. Diamond. 
Matagorda, Wharton and Fort Bend — John Rug- 
eley and B, F. Terry. 

District No. 48. Austin — Edwin Waller and D. Y. Portis. 

Colorado — A. H. Davidson and T. S. Anderson. 
Fayette — J. S. Lester and Thos. C. Moore. 
Washington — J. B. Robertson and W. S. Oldham 
Washinton and Fayette — J. E. Shepard and Jno. 



Burleson and Robertson — J. H. Feeney and A. 



District No. 49. 

District No. 50. 

District No. 51. 

District No. 52. 
W. Dancy, 

District No. 53. 
S. Broaddus. 

District No. 54. Bastrop— T. B. J. Hill and W. G. Miller. 

District No. 55, 56, 57. Travis, Williamson and Milam — H. N. 
Burdett, George M. Flournoy, Jno. A. Green, B. Thomasson, Thos. P. 
Hughes and C. M. Lesueur. 

District No. 58, Caldwell, Hays and Blanco — Spencer Ford and 
J. C. Watkins. 

District No. 59. Bell and Lampasas — Jno. Henry Brown and E. 
Sterling C. Robertson, 



22 Journal of the Secession Convention 

District No. 60. McLennan and Bosque — Richard Coke and A. 
Nelson. 

District No. 61. Coryell, Commanche, etc — J. M. Norris and T. 
C. Frost. 

District No. 62. Calhoun, Victoria, Jackson and De Witt — Field- 
ing Jones, J. J. Holt, W. R. Scurry and F. S. Stockdale. 

District No. 63. Lavacca — Ben Williams and B. F. Moss. 

District No. 64. Gonzales — ^A. N. Mills and W. H. Stewart. 

District No. 65. Guadalupe — Jno. Ireland, W. P. Hardeman. 

District No. 66. Comal— Thos. Koester, W. F. Preston. 

District No. 67. Gillespie, Kerr, etc — E. M. Ross, Chas. Ganahl. 

District No. 68. Burnet, Llano, etc — Thos. Moore and Thos. Mc- 
Craw. 

District No. 69. Goliad, Refugio and San Patricio — Pryor Lea 
and A. M. Hobby 

District No. 70. Karnes, Bee, etc — John Littleton, Jno. Donalson 
and Robt. Graham. 

District No. 71. Bexar— Thos. J. Devine, R. W. Brahan, S. S. 
Smith and Jno. A. Wilcox. 

District No. 72. Bexar, Medina, etc — Chas. De Montel and A. 
Nauendorf. 

District No. 73. Cameron — J. S. Ford and Jas. Walworth. 

District No. 75. Starr and ^apata^ — E. R. Hord and Noah Cox. 

District No. 76. Webb, Nueces, etc.— P. N. Luckett and H. A. 
Maltby 

District No. 78. Wilson, etc — Claiborne Rector. 

Your committee would represent that district No-. 2 is entitled to 
but two delegates, and we find that three are returned with creden- 
tials from the two counties of Tyler and Hardin composing the dis- 
trict. We recommend that the three be entitled to seats in the Con- 
vention with the right to cast but two votes. In district No. 19 John 
G. Chambers, Joshua F. Johnson and W. C. Batte are returned with 
proper credentials, when the district under apportionment is entitled 
to but two delegates. We recommend in this case that Mr. Johnson 
be allowed one vote and Mesrs. Batte and Chambers one vote. In dis- 
trict No. 15 we find four delegates with proper credentials to seats 
in the Convention, when the district is entitled to but three; we rec- 
ommend that the four be allowed to take seats in the Convention with 
the right to cast but three votes. In district No, 70 we find that Jno. 
Littleton, John Donalson and Robt. Graham are entitled to seats in 
the Convention, when the district is entitled to but two delegates. 
Your committee would also recommend that the delegates from this 
district be permitted to take seats in the Convention with the right 
to cast but two votes. In districts Nos. 55, 56, and 57 we find that 



Journal op the Secession Convention - 23 

six delegates have been elected, though not strictly in the manner in- 
dicated by the call. The county of Travis constitutes district No. 55 ; 
the counties of Travis and Williamson district No. 56 ; and the coun- 
ties of Williamson and Milam district No. 57. The three districts are 
entitled to six delegates all that are claimed or returned but they 
were elected as follovrs: three from the county of Travis, which 
is entitled to two in its own right and two in conjunction with 
Williamson; two from the county of Williamson which is entitled to 
two in conjunction with Travis and two in conjunction with Milam; 
and one from the county of Milam which is in conjunction with Wil- 
liamson entitled to two. In view of the fact that the representation 
is complete in point of number and all parties seem to be satisfied 
with the manner in which the representation is offered, the commit- 
tee recommends that the delegates as reported be allowed seats and 
votes accordingly. We make the same recommendation in regard to 
the counties of Galveston and Brazoria which are entitled to four del- 
egates, three of whom were elected from Galveston and one from Bra- 
zoria county. All of which is respectfully submitted. 

On motion of Mr. Ochiltree the rule was suspended and the report 
taken up. 

Mr. Green moved to amend the report as to the representation in 
the Convention from the 56th representative district 

On motion of Mr. Scott the Secretary of the Convention was re- 
quired to alter the report of the committee so as to make it represent 
the true facts of the case in relation to the representation in the Con- 
vention from the counties of Travis, Williamson, Milam, Galveston and 
Brazoria. "And the report stands recorded as amended." 

Mr. Chilton moved to adopt the report with the exception embraced 
in Mr. Scott's motion. Lost. 

Mr. Nat Terry moved that all the delegates reported be entitled to 
seats and votes. Lost. 

On motion of Mr. Johnson of Titus county the report was amended 
so as to give Mr. Johnson one vote and his two colleagues the other 
vote to which the county of Titus was entitled. 

Mr. Cleveland moved to amend by adding at the end of the report 
the recommendation that each delegate be entitled to one vote. 

On motion laid on the table and the report adopted as it stands of 
record. 

Mesrs. P. T. Herbert and Russell Howard presented their creden- 
tials as delegates elect from the county of El Paso to the Convention, 
and were on motion admitted to seats in the Convention and their 
names enrolled as such. 

Mr. Terry of Tarrant offered the following resolution 

"Resolved that the President appoint a committee of three to wait 



24 Journal op the Secession Convention 

on his Excellency the Governor and inform him that the Convention 
is now organized and has proceeded to business. ["] 

Mr. Lea offered the following as a substitute 

"Resolved that three committees each of three members be ap- 
pointed to inform the Executive and each branch of the Legislature 
respectively that the Convention is organized and desires concert and 
harmony between this body and those officials The latter as ordi- 
nary functionaries of the State government, and the former as an ex- 
traordinary representation of the people of Texas in their sov- 
ereignty. ["] 

Mr. Devine offered the following as a substitute for the substitute. 

*' Resolved that a committee of five be selected by the President 
whose duty shall be to wait on the Executive of the State and confer 
with him on subjects connected with our federal relations." 

On motion of Mr. Graham the original resolution and substitutes 
were referred to a committee of three to be appointed by the Chair. 

Mesrs. Graham of Rusk, Devine and Hogg were appointed said 
committee. 

On motion of Mr. Oldham the resolution relating to the same sub- 
ject, offered by Mr. St ell on yesterday, was taken up and referred to 
the same committee. 

On motion of Mr. Ochiltree, Mr. Stell was added to the committee. 

On motion of Mr. Davidson, Mr. Oldham was added to the com- 
mittee. 

On motion of Mr. Jennings, Mr. Campbell was added to the com- 
mittee. 

On motion of Mr. Mills, Mr. Lea was added to the committee 

Mr. Cleveland offered the following resolution 

''Resolved that a committee of fifteen be appointed to draft and 
report the 'Articles of Secession '["] 

On motion of Mr. Oldham, laid on the table. 

Mr. Armstrong offered the following resolution which was adopted. 

* ' Resolved that each committee raised by this Convention be author- 
ized and required to elect its own chairman ["] 

Mr. Lock offered the following resolution which was adopted. 

"Resolved that the President appoint the following committees, to 
wit: 

"A committee of one from each judicial district, represented in the 
Convention, on Federal Relations 

' ' A like committee to present business to this Convention for its 
consideration. 

"A committee on Finance, 

**A committee on Resolutions and a committee on Public Safety ["] 



Journal of the Secession Convention 25 

On motion of Mr. Floumoy the Convention took a recess of fifteen 
minutes 

At the expiration of the time the Convention was called to order, 
when the President announced the following as the committee on Fed- 
eral Relations, authorized by the resolution last adopted, viz: 
Mesrs. Wharton, Floumoy, Shepard, Devine, Hicks, Ochiltree, Gray, 
Todd, Hogg, Stockdale, Herbert, Hord, Gregg, T. J. Chambers, Lea, 
Nat Terry, Moore, -Montel, Coke and Marshall. 

The following committee was appointed to present business for the 
consideration of the Convention, viz: Waller, Ireland, Broaddus, 
Smith of Bexar, Neyland, Locke, Campbell, Runnels, Hays, Mills, 
Howard, Walworth, Stell, Charleton, Nicholson of Dallas, Hughes, 
Ross, Frost, Thompson and Maltby. 

Mr. Ochiltree offered the following resolutions. 

''Resolved that the following oath be administered to the President 
of the Convention, viz: 'I do solemnly swear that I will faithfully 
and impartially discharge and perform the duties incumbent on me 
as President of the Convention of the State of Texas, according to the 
best of my skill and ability, and that to the said State I will true al- 
legiance bear. So help me God. ' 

"Resolved further that the President when sworn shall administer 
an oath in substance such as the foregoing to each of the members 
and to each of the subordinate officers of this Convention [ "] 

Mr. Hicks moved to lay the resolutions upon the table. Lost. 

Mr. Mills moved the previous question which was ordered. 

The resolutions were then adopted. 

Mr. Waller moved that the members and officers of the Convention 
be sworn at the same time. 

On motion of Mr. Robertson of Washington the vote adopting the 
resolution was reconsidered, and the resolutions were referred to a 
committee of "five" to be appointed by the Chair. 

Mr. Nat Terry offered the following resolution which on his motion 
was referred to the same committee. 

"Resolved by this Convention that the Speaker of the House of 
Representatives administer the oath to the President of the Conven- 
tion. ["] 

Mr. Wharton offered the following resolution 

"Resolved that without determining now the manner in which this 
result should be effected, it is the deliberate sense of this Convention 
that the State of Texas should separately secede from the Federal 
Union. ["] 

On motion of Mr. Floumoy the previous question was ordered upon 
the adoption of the resolution, and the resolution was adopted by the 
following vote. 



26 Journal of the Secession Convention 

Yeas, Mesrs. Anderson of Cherokee, Anderson of Colorado, Arm- 
strong, Askew, Abercrombie, Adams, Allen, Burton, Box, Black, 
Blythe, Beazley, Bradshaw, Broaddus, Burdett, Brown, Batte, Brahan, 
Wm. Chambers, Thos. J. Chambers, Cleveland, Casey, Charleton, 
Chilton, Chambers of Titus, Clopton, Chisum, Campbell, Cook, Coke, 
Clayton, Diamond of Cooke, Diamond of Grayson, Donalson, Dean, 
Davenport, Dancy, Devine, Davidson, I^urham, Field, Feeney, Flour- 
noy, Frost, Ford of Caldwell, Ford of Cameron, Graham of Bee, Gra- 
ham of Rusk, Galloway, Gray, Gould, Gregg, Green, Ganahl, Hicks, 
Hays, Hogg, Hooker, Hutchison, Hoyle, Holt, Hardeman, Hobby, 
Hord, Herbert, Howard, Hill, Ireland, Jennings, Jones, Koester, Kelly, 
Lofton, Locke, Littleton, Thos. S. Lubbock, Luckett, Lester, Lea, 
Lesueur, Maxey, McCraw, Moore of Henderson, Montel, McKay, Moore 
of Burnett, Muller, McCraven, Mcintosh, Moore of Fayette, Maltby, 
Moss, Miller, Mills, Marshall, Neyland, Newsome, Nicholson of Dal- 
las, Nichols, Neal, Nelson, Norris, Nauendorf, Ochiltree, Obenchain, 
Oldham, Peck, Pope, Poag, Payne of Hopkins, Payne of Henderson, 
Prendergast, Palmer, Price, Preston, Portis, Rainey, Rhome, Roberts 
(President), Robertson of Smith, Rogers of Marion, Runnels, Rogers 
of Harris, Rugeley, Robertson of Washington, Robertson of Bell, 
Rector, Ross, Reagan, Stewart of Anderson, Scott, Smith of Fannin, 
Stell, Stewart of Falls, Shepard, Stockdale, Scurry, Stewart of Gon- 
zales, Smith of Bexar, Todd, Terry of Tarrant, Terry of Fort Bend, 
Taylor, Thompson, Work, Ward, Warren, Wilson, Wharton, Wiley, 
Wier, Waller, Watkins, Williams of Lavacca, and Walworth, 152.^ 

Nays, Mesrs. Bogart, Hughes, Rains, Shuford, Throckmorton and 
Thomasson, 6 . 

On motion of Mr. Mills, Mr. Johnson of Titus was excused from 
voting on the resolution. 

Mr. Brown offered the following resolution, which was adopted. 

''Resolved that the Sergeant at Arms under the direction of the 
President be instructed to employ two negro men to wait upon the Con- 
vention. ["] 

Mr. Nelson moved the appointment of a committee of three to wait 
upon the Revd. Mr. Bayless, and request him to act as Chaplain for 
the Convention, while he was in this city. Carried. 

*The total number of names in the foregoing list is 155. However, 152 is 
probably correct; it is the result published in The State Gazette, February 2, 
1861. The Journal of January 30 states that Mr., Poag was not present when 
the vote was taken; the names of others may have been added in the same 
manner as his. 

The name of John H. Reagan in this list and the statement made in the 
Journal of January 30 that he was present on the 29th — the second day of the 
Convention — should be noted, since he made and repeated the statement that 
he did not arrive in Austin until the morning of the third day ( The Quarterly 
of the Texas State Historical Association, III, 279, and Reagan's Memoirs, 
104.). 



Journal of the Secession Convention 27 

Mesrs. Nelson, Jones and Maxey were appointed the committee. 
The following communication was taken from the President's table 
and read — 

Hon. 0. M. Roberts 

President of the State Convention. 
Feeling a deep interest in the honor, welfare, and prosperity of 
our beloved State, we beg leave to present to the Convention, now con,- 
trolling her destinies, upon the passage of the ordinance of secession^ 
a banner, symbolizing her resumption of State sovereignty. 

Respectfully 

Bettie Buckner 
Maggie Ragsdale 
Ruth T. Davidson 
Lillie Bouldin 
City of Austin Texas 
Jany. 29, 1861. 

Mr. Rogers of Harris offered the following resolution which was 
adopted 

''Resolved that a committee of 'five' be appointed to receive from 
the ladies of Austin a flag to be tendered by them to this Conven- 
tion. ["] 

The following persons were appointed the committee Mesrs. Rogers 
of Harris, Flournoy, Donalson, Luckett, and Robertson of Washinton. 

On motion of Mr. Jennings the Convention adjourned until tomor- 
row at 2 o'clock, P. M. 



City of Austin Texas, 
Wednesday January 30, 1861. 

The Convention met pursuant to adjournment. Roll called, 
quorum present. Prayer by the Revd. Mr. Bayless. 

The President announced that he had appointed Julius Brown and 
C .A. Hopkins pages to the Convention on yesterday. 

The following gentlemen were admitted as permanent and duly ac- 
credited delegates in this Convention upon presentation of their cre- 
dentials which appeared in proper form, viz: A. J. Nicholson from 
District No. Fannin county. J. N. Fall and Wm. Clark jr, 

from District No. Nacogdoches county. H. H. Edwards from 

District No. Nacogdoches and Angelina counties. Elbert Ear- 

ley from District No. Fannin and Hunt counties. L. H. Wil- 

liams, Geo. W. Wright, Wm. H. Johnson from District No. 
Lamar county. 



28 JOIJRNAL OF THE SECESSION CONVENTION 

Ml*. Rainey presented his credentials which were received and ap- 
peared in proper form. 

T)ie following delegates not present on yesterday when the vote 
was taken were allowed to record their votes upon the resolution of- 
fered by Mr. Wharton, declaring separate State secession the present 
correct policy in the opinion of this Convention on the part of the 
Sttte of Texas, viz: 

f eas, Mesrs. Poag, Earley, Nicholson of Fannin, Wilcox and Ed- 
wards, 5. 

Nays, Mesrs. Clark and Fall, 2. 

Making the vote upon the resolution 157 yeas, 8 nays. 

Mr. Jno. H. Reagan having been admitted to his seat on yesterday 
presented his credentials which were in proper form, from district 
No. 11 composed of the counties of Anderson, Houston and Trinity. 

The President announced the following standing committees under 
the resolution offered by Mr. Locke on yesterday. 

Committee on Public Safety. Mesrs. 1. Robertson of Smith, 2. 
Brown, 3. Rogers of Marion, 4. Armstrong, 5. Rainey, 6. Ford of 
Cameron, 7. Rogers of Harris, 8. Norris, 9. Wilcox, 10. Thompson, 11. 
Miller, 12. Green, 13. Cleveland, 14. Hooker, 15. Luckett. 

Committee on Finance. Mesrs. 1. Nichols, 2. Stewart of Gonzales, 
3. Scott, 4. Gould, 5. Smith of Fannin, 6. Smith of Bexar, 7. Batte, 8. 
Terry of Fort Bend, 9. Dean. 

Committee on Resolutions. Mesrs. 1. Wiley, 2. Poag, 3. Dancy, 4. 
Diamond of Cooke, 5. Ford of Caldwell, 6. Ganahl, 7. Hutchison, 8. 
Jennings, 9. McCraven, 10. Mills, 11. Nauendorf, 12. Obenchain, 13. 
Chilton, 14. Neyland, 15. Montel. 

And the following as the committee to which was referred the reso- 
lutions relative to the oaths proposed to be administered to the mem- 
bers and officers of the Convention, viz : Mesrs. Ochiltree, Robertson 
of Washington, Anderson of Cherokee, Wiley and Johnson of Titus. 

Mr. Chilton offered the following resolution, 

** Resolved that we have learned with pleasure that the Hon. Jno. 
McQueen, commissioner from the sovereign State of South Carolina 
to the State of Texas, has reached the City of Austin, and that we 
hereby invite him to a seat upon the President's stand during the ses- 
sion of this Convention, and that a committee of three be appointed 
to inform him of this action. ["] 

Mr. Mills moved to refer the resolution to a special committee of 
two. 

Mr. Muller moved the previous question which was ordered. 

The motion of Mr. Mills failed. 

Mr. Dancy moved to lay the resolution on the table. Lost. 



Journal of the Secession Convention 29 

The resolution was then adopted, 
Mr. Rogers of Harris offered the following resolution. 
''Resolved that such of the soldiers of the Revolution of Texas as 
are in this city be invited to seats within the bar of the House, pro- 
vided they are in favor of another revolution. [ "] 

On motion of Mr. Green the resolution was laid on the table. 
The following communication was received from the Speaker of the 
House of Representatives. 

Texas Capitol 
Jany 30, 1961. 
Hon. 0. M. Roberts 

President of the State Convention. 
Sir. 

At the request of the House of Representatives, I have the honor 
to transmit herewith an Ordinance of the Alabama State Convention, 
dissolving the union between the State of Alabama and other States 
united under a compact styled ["]the Constitution of the United 
States of America." 

The letter of William M. Brooks, President of the Alabama Conven- 
tion, and that of Governor Houston transmitting the same is also here- 
with enclosed. 

Very respectfully, 

M. D. K. Taylor. 

Executive Department 
Austin Jany 24 1861 
To Hon Ed Clark 

President of the Senate . . 

Sir 

I have the honor to transmit herewith a communication purporting 
to be from the Hon Wm M Brooks, President of the Alabama State 
Convention, with the request that when the same is read it be trans- 
mitted to the Speaker of the House of Representatives. 

Sam Houston 

Montgomery, Alabama, 
January 11th, 1861. 
To His Excellency 

Governor of the State of Texas. 
Sir: 

By order of the Convention of the People of Alabama, I have the 
honor herewith to transmit to you a copy of the Ordinance this day 
passed, ' ' To dissolve the union between the State of Alabama and the 



30 Journal of the Secession Convention 

other States united under the compact styled 'The United States of 
America.' " 

I have the honor to be very respectfully 

William M. Brooks, 
President of the Convention. ' 

An Ordinance to dissolve the union between the State of Alabama 
and other States united under the compact styled "The Constitution 
of the United States of America" 

Whereas, the election of Abraham Lincoln and Hannibal Hamlin 
to the offices of president and vice-president of the United States of 
America, by a sectional party, avowedly hostile to the domestic insti- 
tutions and to the peace ^d security of the people of the State of 
Alabama, preceded by many and dangerous infractions of the consti- 
tution of the United States by many of the States and people of the 
Northern section, is a political wrong of so insulting and menacing a 
character as to justify the people of the State of Alabama in the 
adoption of prompt and decided measures for their future peace and 
security, therefore: 

Be it declared and ordained by the people of the State of Alabama, 
in Convention assembled. That the State of Alabama now withdraws, 
and is hereby withdrawn from the Union known as ' ' the United States 
of America," and henceforth ceases to be one of said United States, 
and is, and of right ought to be a Sovereign and Independent State. 

Sec. 2. Be it further declared and ordained by the people of the 
State of Alabama in Convention assembled. That all the powers over 
the Territory of said State^ and over the people thereof, heretofore 
delegated to the Government of the United States of America, be and 
they are hereby withdrawn from said Government, and are hereby 
resumed and vested in the people of the State of Alabama. 

And as it is the desire and purpose of the people of Alabama to 
meet the slaveholding States of the South, who may approve such 
purpose, in order to frame a provisional as well as permanent Gov- 
ernment upon the principles of the Constitution of the United States, 

Be it resolved by the people of Alabama in Convention assembled, 
That the people of the States of Delaware, Maryland, Virginia, North 
Carolina, South Carolina, Florida, Georgia, Mississippi, Louisiana, 
Texas, Arkansas, Tennessee, Kentucky and Missouri, be and are here- 
by invited to meet the people of the State" of Alabama, by their Dele- 
gates, in Convention, on the 4th day of February, A. D., 1861, at the 
city of Montgomery, in the State of Alabama, for the purpose of con- 
sulting with each other as to the most effectual mode of securing con- 
certed and harmonious action in whatever measures may be deemed 
most desirable for our common peace and security. 



Journal of the Secession Convention 31 

And be it further resolved, That the President of this Convention, 
be and is hereby instructed to transmit forthwith a copy of the fore- 
going Preamble, Ordinance, and Resolutions to the Governors of the 
several States named in said resolutions 

Done by the people of the State of Alabama, in Convention assem- 
bled, at Montgomery, on this, the eleventh day of January, A. D. 1861. 

William M. Brooks, 
President of the Convention.* 

The following communication was received from the House of Rep- 
resentatives 

Austin Jany. 30th 1861. 
Hon. O. M. Roberts 

President of the State Convention 
Sir: 

In obedience to a resolution of the House of Representatives I here- 
with transmit to your honorable body a special communication re- 
ceived in the House to day from his Excellency Gov. Houston, rela- 
tive to certain resolutions passed by the Legislature of Tennessee to- 
gether with said resolutions 

I have the honor to be 

W. L. Chalmers 
Chf. Clk. H. of R. 

Executive Department, Austin Texas 

January 30th 1861. 
Gentlemen of the Senate 

And House of Representatives. 

I have the honor to transmit to your honorable bodies the Joint 
Resolutions adopted by the Legislature of the State, of Tennessee in 
reference to certain resolutions adopted by the State of New .York. 

In these perilous times it is proper that the Representatives of the 
people of Texas should meet at the threshold every assault upon their 
liberties, and whether that assault codes in the form of threats or 
actual invasion it should alike be repelled. 

Having called you together to provide for an expression of the 
sovereign will of the people at the ballot box, I also deem it my duty 
to declare that while the freemen of Texas are deliberating upon this 
question no impending threat of coercion from the people of another 
State should be permitted to hang over them without at least meeting 

*Hon. J. M. Calhoun, commissioner from the State of Alabama, visited 
Austin about January 5, 1861. Findin-g neither the Legislature nor the Con- 
vention in session, he addressed himself to Governor Houston. His letter to 
Governor Houston and the reply of the latter are printed in the Journal of 
the Senate, Extra Session of the Eighth Legislature, 31-37. * 



32 Journal of the Secession Convention 

the condemnation of their Representatives, Whatever that sovereign 
will may be when fairly expressed it must be maintained. Texas as 
one man will defend it. While the Executive would not counsel fool- 
ish bravado, he deems it a duty we owe to the people to declare that 
even though their action shall bring upon us the consequences which 
now seem impending we will all, be our views in the past or present 
what they may, be united. 

Sam Houston * 

Joint Resolution 

Adopted by the Legislature of Tennessee. 

Resolved by the General Assembly of the State of Tennessee, That 
this General Assembly has heard with profound regret of the resolu- 
tions recently adopted by the Legislature of the State of New York, 
tendering men and money to the President of the United States, to be 
Msed in coercing certain sovereign States of the South into obedience 
to the Federal Government. 

Resolved, That this General Assembly receives the action of the 
Legislature of New York as the indication of a purpose upon the part 
of the people of that State to further complicate existing difficulties, 
by forcing the people of the South to the extremity of submission or 
resistance; and so regarding it, the Governor of the State of Ten- 
nessee is hereby requested to inform the Executive of the State of 
New York, that it is the opinion of this General Assembly that when- 
ever the authorities of that State shall send armed forces to the South 
for the purpose indicated in said resolutions, the people of Tennessee, 
uniting with their brethren of the South will, as one man, resist such 
invasion of the soil of the South at any, hazard and to the last ex- 
tremity. 

W. C. Whitthome, Speaker H of R 
Tazwell W. Newman Speaker of Sen. 

Mr. Jennings moved to refer the resolutions to the committee vn 
Public Safety 

Mr. Green moved to amend by inserting the committee on Federal 
Relations. Lost. 

The motion of Mr. Jennings then prevailed. 

Mr. Ford of Caldwell offered the following resolutions 

''Resolved 1st, That this Convention will on the day of 

at the hour of elect seven delegates to represent the State of 

Texas in a convention of the States which have seceded and which 
may hereafter secede from the government formerly known as the 
United States of America to meet in the City of Montgomery in the 
State of Alabama on the 4th day of Feby. A. D. 1861. 



Journal of the Secession Convention 33 

''2nd. That said delegates are hereby instructed to use their ef- 
forts for the formation of a provisional government for the seceded 
States to go into operation before the 4th day of March A. D. 1861, 
and to offer in behalf of the people of Texas to said convention the 
constitution of the late United States as a suitable basis of such pro- 
visional government; provided that said provisional government and 
the tenure of all offices and appointments under it shall expire withip 
one year from the 4th day of February A. D. 1861, or when a perma^ 
nent government shall have been organized 

''3rd. That said delegates are further instructed to use theif 
efforts to procure the formation of a Southern Confederacy of the 
seceding States, and that for said purpose they urge upon said con- 
ention the formation of a constitution and plan of permanent gov- 
ernment for said Confederacy which when formed shall be referred to 
the several States for their ratification or rejection 

"4th. That it is the deliberate sense of this Convention that each 
State represented in said convention shall be entitled to one vote upon 
all matters which may be acted on by said convention 

"5th. That in case the convention contemplated by these resolu- 
tions does not meet at the time and place specified in these resolutions, 
then the delegates elected by this Convention be and they are hereby 
accredited to any other convention of the seceding States having for 
its object the formation of a Southern Confederacy." 

On motion of Mr. Terry of Tarrant laid on the table. 

Mr. Maxey offered the following resolution 

"Resolved, That it is the sense of this Convention that when the 
ordinance of secession is passed it shall be referred to the people of 
the State for their ratification. [ "] 

On motion of Mr. Jennings the resolution was laid on the table. 

Mr. Wiley offered the following resolutions 

"Resolved that this Convention forthwith appoint three commis- 
sioners to attend the convention of the Southern States at the City 
of Montgomery, Alabama, to tender said convention assurances of our 
cordial sympathy in its proceedings, and also of the co-operation of 
Texas in extending and strengthening a Southern Confederacy, as 
soon as her people can act authoritatively in the premises, and that 
said commissioners be instructed to urge upon said conventon the 
propriety of styling the constitution it may adopt 'The Constitution 
of the Southern United States'; and also providing therein for the 
admission of any of the slave-holding States which may hereafter 
ratify the same, hy a vote of its people; and recognizing their senators 
and representatives, respectively, in the present congress of the 
United States, as duly qualified to represent them, respectively, in the 



34 Journal of the Secession Convention 

Southern United States, and also providing for the continuance in 
office, under the new federal government, of the existing federal 
officers in each of the slave-holding States that may hereafter come 
into the Union of the Southern United States. ["] 

Mr. Gray offered the following resolution as a substitute for the 
foregoing 

"Resolved that the people of Texas are in favor of the speedy for- 
mation of a federal union with other slave-holding States." 

On motion of Mr. Scurry the resolution and substitute were laid on 
the table. 

Mr. Graham from the committee to which were referred the resolu- 
tions relative to waiting on the Governor made the following report. 

To the Hon 0. M. Roberts 

President of the Convention 

The special committee appointed for the purpose of considering 
the resolution and substitutes proposing to raise a committee to wait 
upon the Governor have discharged that duty, and beg leave to report 
the accompanying resolutions as a substitute and recommend their 
adoption. 

"Resolved that a committee of five be appointed by the President 
whose duty it shall be to wait on the Executive of the State and confer 
with him on subjects connected with our federal relations; and also 
that a like committee of five be appointed by the President to inform 
the Legislature now in session that this Convention is organized and 
ready for business. 

"Resolved 2nd, that it is the desire of this Convention to act in 
harmony with the different Departments of our State Government." 

On motion of Mr. Graham the rule was suspended, the resolutions 
taken up and adopted. 

The President appointed the following persons the committee. 
Mesrs. Reagan, Gray, Rogers of Harris, Stell and Devine 

Mr. Rogers of Harris offered the following resolution which was 
adopted. 

* ' Resolved that a committee on Foreign Relations composed of seven 
persons be appointed by the President of this Convention" 

Mr. Beazley offered the following resolutions 

1st. "Resolved that it is the request of this Convention that the 
House of Representatives grant it the use of this Hall during busi- 
ness hours until this Convention shall have concluded its delibera- 
tions 

2nd. "That the Secretary of this Convention prepare a copy of 
the same and present it to the Hon. M. D. K. Taylor, Speaker of the 



Journal of the Secession Convention 35 

House of Representatives, with a request that he lay the same before 
that body." 

On motion of Mr. Nelson laid on the table. 

The President announced the following as the committee to wait 
upon the Hon. Jno. McQueen, commissioner from the State of South 
Carolina. Mesrs. Chilton, Wilcox and Lubbock. 

On motion of Mr. Ochiltree the Convention took a recess of twenty 
minutes. 

At the expiration of the time the Convention was called to order. 

The committee appointed to wait upon the Hon. Jno. McQueen re- 
ported that duty performed, when he was introduced to the Conven- 
tion with appropriate honor and invited to a seat on the President's 
left. 

Mr. T. J. Chambers, chairman of the committee on Federal Rela- 
tions, made the following report 

To the President of the Convention of the State of Texas. 

The undersigned chairman of the committee on Federal Relations 
has been instructed by the committee to report and recommend the 
accompanying ' ' Ordinance to dissolve the union of the State of Texas 
with the government of the United States of America, and to resumo 
all the powers delegated to that government and her position of 
equality among the nations of the earth" 

Upon the adoption of this part of the ordinance there was com- 
plete unanimity in the committee, but the chairman regrets to have 
to report that the same unaimity could not prevail upon the adoption 
of the second section, for the submission of the ordinance to the 
people for their ratification. There was a minority of the committee 
and with them the chairman who believed that the circumstances in 
which we are placed, and the danger by which we are surrounded, 
demand that the ordinance should be adopted by the Convention in 
such form as to infuse into it immediate and effective vitality. 

All of which is respectfully submitted. 

T. J. Chambers, Chrmn. 

An Ordinance to dissolve the union between the State of Texas 
and the other States, united under the compact styled ''The Consti- 
tution of the United States of America. ' ' 

Sec. 1. Whereas, The Federal Govertfment has failed to accom- 
plish the purposes of the compact of union between these States in 
giving protection either to the persons of our people upon an exposed 
frontier or to the property of our citizens ; and whereas the action of 
the Northern States of the Union, and the recent development in fed- 
eral affairs, make it evident that the power of the Federal Govern- 



36 Journal of the Secession Convention 

ment is sought to be made a weapon with which to strike down the 
interests and prosperity of the Southern people, instead of permit- 
ting it to be as it was intended our shield against outrage and ag- 
gression: Therefore 

We the people of the State of Texas in Convention do declare and 
ordain, that the ordinance adopted by our Convention of delegates 
on the 4th day of July A. D. 1845, and afterwards ratified by us, 
under which the Eepublic of Texas was admitted into union vvith 
other States and became a party to the compact styled ''The Consti- 
tution of the United States of America" be and is hereby repealed 
and annulled; that all the powers which by said compact were dele- 
gated by Texas to the Federal Government are revoked and resumed; 
that Texas is of right absolved from all restraints and obligations 
incurred by said compact and is a separate sovereign State. 

Sec. 2. This ordinance shall be submitted to the people of Texas 
for ratification or rejection by the qualified voters on the 23rd day 
of February A. D. 1861, and unless rejected by a majority of the 
votes cast shall take effect and be in force on and after the 2nd day 
of March, A. D. 1861. 

Done by the people of the State of Texas in Convention assembled 
at Austin, this day of , A. D. 1861. 

The Ordinance was read 1st time. 

Mr. Ochiltree, from the committee on Federal Relations, made the 
following minority report. 

To the President of the Convention. 

The minority of the committee on Federal Relations concur fully 
with the majority in recommending the adoption of the orrlinance 
reported by the f-:aid committee ; but we ask leave respectfully to dis- 
sent from the resolution accompanying the ordinance, which pro- 
poses to refer said ordinance to a vote of the people for ratification 
or rejection. The minority are of the opinion that the best interests 
of the people of the State would be served by giving an immediate 
operation to the ordinance of secession. 

W. B. Ochiltree 
A. W. 0. Hicks 
Wm. S. Todd 
P. T. Herbert. 
Mr. Scott moved a suspension of the rules in order that the re- 
ports might be taken up for action. 

On motion of Mr. Rainej^ the Convention adjourned until 7 % 
o'clock P. M. to meet in secret session. 



Journal of the Secession Convention 37 

Jany 30th/61, 7 1/2 o'clock, P. M. 
In Secret Session. 

The Convention met pursuant to adjournment. Roll called. 
Quorum present. 

On motion of Mr. Rogers of Harris the Hon. Royal T. Wheeler 
was admitted into the secret session of the Convention. 

On motion of Mr. Oldham Lt. Gov. Ed. Clark was admitted into 
the secret session of the Convention 

By leave Mr. Chilton introduced the petition of the "Tyler 
Dragoons" which was referred to the committee on Public Safety. 

By leave Mr. Brown introduced an ordinance to secure the friend- 
ship and cooperation of the Choctaw, Chickasaw, Cherokee, Creek and 
other Indian nations. 

On motion of Mr. Brown the ordinance was referred to the com- 
mittee on Public Safety without reading. 

By leave, Mr. Reagan from the committee to wait upon the gov- 
ernor made the following report. 

To the President of the Convention of the people of Texas. 

The committee appointed to confer with the Executive of the State 
on the condition of our federal relations, report that they waited 
on the Governor and informed him of our official character and the 
purport of our visit. He received us with due respect, expressed 
his thanks for this action of the Convention, and assured us that he 
would communicate his views in writing on to-morrow by 11 o'clock 
A. M. as he understood that the Convention met in the afternoon. 
On our delivering to him a copy of the resolutions under which we 
acted, and enquiring whether the answer he had given was to be un- 
derstood as his definite answer to our visit for conference, he replied 
that it was for the present, and that he would communicate further 
in writing to-morrow. The committee propose to wait on the Gov- 
ernor for his communication at the time designated. 

Jno. H. Reagan 
P. W. Gray 
Jno. D. Stell 
Thos. J. Devlne 
W. P. Rogers. 
By leave, Mr. Stell chairman of the committee to present business 
for the consideration of this Convention reported '*An Ordinance to 
provide for the appointment of Delegates from the State of Texas to 
a Convention of the Southern Seceded States, ["] and recommended 
it to the favorable consideration of the Convention. 
The ordinance was read 1st time. 



38 Journal of the Secession Convention 

The motion of Mr. Scott, to suspend the rules for the purpose of 
taking up the reports of the majority and minority of the committee 
upon Federal Relations, and ''The 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 '["] 
reported thereby, being next in order, carried. And the reports and 
ordinance were taken up and read. 

The Convention then proceeded to the consideration of the ordi- 
nance. 

Mr. Wiley offered "An Ordinance to dissolve the existing union 
between the State of Texas and other States, under a compact en- 
titled 'United States of America' and to establish a new constitution 
of Government" as a substitute. 

An ordinance to dissolve the existing union between the State of 
Texas and other States under a compact entitled 'Constitution of the 
United States of America' and to establish a new constitution of 
Government 

Sec. 1. We the people of the State of Texas by our duly elected 
delegates in Convention assembled do declare and ordain, and it is 
hereby declared and ordained that the union by a written compact 
between the State of Texas and the other States, under the name of 
the United States of America, having failed to answer the ends of 
its formation, is hereby dissolved, and that Texas is and of right 
ought to be a free and independent State, that her citizens and peo- 
ple are absolved from all allegiance to the United States or the gov- 
ernment thereof, and that as a free and independent State she has 
full power to do all acts and things which independent States may of 
right do. 

Sec. 2. In order to avoid as much as possible the inconvenience 
consequent upon the transition from the Federal Union to the posi- 
tion of an independent State, it is further declared and ordained that 
all parts of the existing State constitution and laws, not repugnant 
to the foregoing ordinance and the provisions following, shall con- 
tinue in full force and effect as far as the same may be applicable to 
our changed condition ; and that all the officers of the existing State 
government shall hold their offices and perform the duties thereof 
for and during their respective terms, provided nevertheless that 
each of said officers shall be bound by oath or affirmation to support 
the ordinance of secession and constitution of government adopted 
by the Convention; and no officer of the existing State government 
shall proceed in the discharge of the duties of his office until he has 
taken said oath or affirmation to be administered as herein provided, 
viz: To the Governor by the Lt. Governor, as soon as practicable 



Journal of the Secession Convention 39 

after this ordinance and constitution take effect, and to all other 
officers by any officer authorized by law to administer oaths; and in 
case the Governor for a week, or any other officer for the period 
of [a] whole month after this ordinance and constitution take effect, 
neglect or fail to take said oath or affirmation his office shall be 
deemed and held vacant and the same filled and the duties thereof 
discharged as though he were dead or had resigned The said 
oath or affirmation shall be administered in the form following, to 
wit: ''I (A. B.) do solemnly swear or affirm (as the case may be) 
that I will support the ordinance of secession and the constitution 
of government ratified by the people of Tex,as on the day of 

in the year 1861. So help me God." 
Sec. 3. Immediately after the adjournment of this Convention, 
the Governor of this State, or in case of his fault the Lieut. Governor, 
shall issue his proclamation directing the chief justices of the sev- 
eral counties of this State, and the several chief justices are hereby 
required to cause polls to be opened in their respective counties at 
the established precincts on the day of Feby. 1861, for the 

purpose of taking the sense of the people of Texas upon the ordi- 
nance of secession and constitution of government adopted by this 
Convention, and also upon any constitution of general government 
for the slave-holding States that may be adopted by the convention 
to assemble at the City of Montgomery, Alabama, on the 4th day of 
Feby. A. D. 1861, and the votes of all persons entitled to vote under 
the existing laws shall be received. Each voter shall express his 
opinion "viva voce" either for the ratification of the ordinance of 
secession and constitution of State government or for the rejection 
of the ordinance of secession and constitution of State government, 
and at the same time the vote shall be taken in like manner for the 
ratification of any constitution of general government for the South- 
ern United States that may be adopted at Montgomery, Alabama, with 
a view to make Texas a party thereto, or for the rejection thereof, 
and each issue submitted to the people shall be decided by a majority 
of the votes cast thereon. The election shall be conducted in 
conformity to existing laws regulating elections, and the chief jus- 
tices of the several counties shall promptly and carefully make trip- 
licate returns of said polls, one of which shall be transmitted to the 
Secretary of State, one to the Lieut. Governor, and the other deposited 
in the clerk's office of the county court. In case any chief justice 
shall make default herein, any one or more of the county commis- 
sioners are authorized to perform the duties enjoined upon the chief 
justices, and in case of their default then the people may assemble 
at the various precincts on the day of election, appoint presiding offi- 



40 Journal of the Secession Convention 

cers or managers and make returns as herein provided. Upon the 
receipt of said returns upon the day of March A. D. 1861, 

(if the returns be not sooner made), it shall be the duty of the Gov- 
ernor or in case of his default the Lieut. Governor, in the presence 
of such persons as may choose to attend, to compare the votes given 
for the ratification or rejection of the ordinance of secession and 
constitution of State government, and also the votes given for the 
ratification or rejection of any constitution qf general government 
for the Southern United States that may be adopted at Montgomery, 
Alabama, and if it should appear from the returns that a majority 
of the votes given is for the ratification of the ordinance of seces- 
sion and constitution of State government adopted by the Conven- 
tion, then it shall at once be the duty of the Governor, or in case of 
his default the Lieut. Governor, to make proclamation of the fact, and 
thenceforth the ordinance of secession and constitution of State 
government adopted by this Convention shall take effect; and if it 
shall also appear from the returns that a majority of the votes given 
is for the ratification of the constitution of general government for 
the Southern United States that may be adopted at Montgomery, Ala- 
bama, then it shall be in like manner the duty of the Governor, or in 
case of his default, the Lieut. Governor to make proclamation of the 
fact, and thenceforth Texas shall be one of the Southern United 
States, with a written federal constitution to take effect at the same 
time with the ordinance of secession and constitution of State gov- 
ernment; the authority for each act being the sovereign will of the 
people of Texas. In the event of the ratification by the people of 
Texas of the ordinance of secession and constitution of State gov- 
ernment and federal government of the Southern United States, the 
Governor of this State or iil his default the Lieut. Governor is au- 
thorized and required to transmit to the executive of the Southern 
United States duplicate copies of the ordinance of secession and 
•constitution of State government of Texas properly authenticated, 
.^Iso properly authenticated statements of the number of votes given 
for the ratification of the federal constitution of the Southern United 
States, and the number for the rejection, one of which copies shall 
be transmitted by mail, and one copy by special messenger in time 
to reach the seat of government of the Southern United States on 
or before the day of May next. 

On motion of Mr. Field the ordinance offered by Mr. Wiley was 
laid on the table. 

The question recurring upon the ordinance offered by the com- 
mittee on Federal Relations, Mr. Gregg moved to strike out the 2nd 
Section. 



Journal op the Secession Convention 41 

Pending which motion on motion of Mr. Wharton the Convention 
adjourned until tomorrow at 11 o'clock, A. M., to meet in secret 
session. 



City of Austin Texas 
Thursday, Jany. 31st 1861. 
In Secret Session. 

The Convention met pursuant to adjournment, at 11 o'clock A. M. 
Roll called, quorum present. 

Mr. Hord presented the credentials of Mr. F. W. Latham, which 
were received, and Mr. Latham took his seat in the Convention. 

Mr. Davidson moved to add Mr. Ganahl to the committee on Public 
Safety, which was carried 

Mr. Jennings moved to add Mr. Latham to the same committee, 
which was carried. 

On motion of Mr. Anderson of Colorado, Mr. Oldham was added 
to the same committee 

On motion of Mr. Chilton, Mr. W. L. Chalmers and Mr. H. H. 
Haynie were requested to act* as Secretaries to the Convention during 
the temporary absence of the Secretary, occasioned by a family be- 
reavement. 

On motion of Mr. Gregg, Mr. Reagan was added to the committee 
on Federal Relations 

By leave, Mr. Maxey submitted the following report, 

''The committee charged with the duty of informing the Revd. W. 
H. Bayless of his election as chaplain of the Convention, beg leave to 
report that they have performed that duty and the Revd. Gentleman 
has signified his acceptance of the same." 

By leave, Mr. Gregg offered the following resolution, 

''Resolved that the committee on Finance be instructed to confer 
with such committees as the House and Senate may appoint concern- 
ing an appropriation of such funds as the State government may 
have in possession, and such as it may raise by the ordinary modes of 
taxation and that the same committee be instructed to report to the 
Convention a statement of the available means of the State and what 
appropriations have been made["] Adopted. 

Mr. Chilton offered the following preamble and resolutions, 

"Whereas it is the opinion of this Convention that the capacity of 
a free government for self-reliance depends much upon its capacity 
for supplying all the reasonable demands of its citizens, and whereas 
the future may devolve upon the State of Texas a dependence upon 
her internal resources, and whereas further it is the duty of the leg- 



42 Journal op the Secession Convention 

islative department of every government to provide such laws as will 
foster every branch of industry within its limits, therefore 

**Be it resolved, That we most respectfully recommend to the Legis- 
lature of this State now in session the propriety of enacting some law 
giving adequate protection to and extending the fostering care of the 
State over the manufacturing interests and enterprise of Texas. ['*] 

Referred to the committee on Resolutions. 

Mr. Muller offered the following resolution 

** Resolved that a committee of seven be appointed on 'Commerce, 
Revenue and Navigation [' "] Adopted. 

The question pending when the Convention adjourned last night, 
viz: the motion to strike out the 2nd section of the ordinance of 
secession, was taken up. 

On motion of Mr. Flournoy the Convention adjourned until 2 V2 
o'clock, P. M. 

Thursday Jany 31/61. 2 o'clock, P. M. 

The Convention met. Roll called. Quorum present. 

Mr. Davidson moved that some delegate be appointed to receive the 
flag to be presented to the Convention by the ladies. Carried. 

The president appointed Jno. A. Wharton to perform that duty. 

On motion of Mr. Rogers of Harris the President administered an 
oath of secrecy to the delegates and officers during the secret ses- 
sions, until the seal of secresy should be removed. 

Mr. Nash asked and obtained leave to record his vote in favor of 
Mr. Wharton's resolution relative to secession. 

The question pending, when the Convention adjourned, viz: the 
motion to strike out the 2nd section of the ordinance of secession, 
was again taken up. 

Mr. Ireland moved to substitute the motion to strike out the 2nd 
section by the following to come in at the end of the 1st section "and 
that this ordinance shall take effect and be in force from and after 
its passage. 

"Sec. 2. to read as follows, 'That this ordinance shall be submitted 
to the people of Texas for rejection by the qualified voters on the 
23rd day of February A. D. 1861, and unless rescinded by a majority 
of votes cast, shall remain in effect and be in force from and after 
its passage. '["] 

Mr. T. J. Chambers offered the following as a substitute for the 
substitute, and for the 2nd section of the ordinance. 

ScQ. 2. Be it ordained that the powers delegated to the gov- 
ernment of the United States of America, and now resumed, be de- 



Journal of the Secession Convention 43 

posited in the existing government of the State, to be exercised acr 
cording to the division of powers established in the constitution of 
the State. 

Sec. 3. Be it ordained that there shall be an election held on 
the 23rd day of February next for a governor and members of the 
legislature of the State in accordance with the last apportionment 
and the existing laws, and under such further regulation as the pres- 
ent legislature may deem expedient, and the said governor and mem- 
bers of the legislature to be thus elected shall enter upon the dis- 
charge of their respective duties on the 2nd day of March next, and 
continue in the exercise of their powers until they may be super- 
seded by others to be elected and installed according to the existing 
laws; provided the action of this Convention shall be ratified by a 
majority of the members elected. And in order that the will of the 
people may be ascertained each voter shall endorse on his ticket the 
word 'ratified' if it be his will to sustain the action of the Conven- 
tion, and if his will be to reject the action of the Convention then he 
shall endorse on his ticket the word 'rejected'; and if a majority of 
the votes cast shall be in favor of rejecting the action of this Conven- 
tion, then the members elected shall assume the character of a con- 
vention, clothed with full, powers to execute the will of the people : 
and in the meantime this ordinance shall be the supreme law of the 
land. 

Sec. 4. Be it ordained that there shall be elected on the 1st 
day of February next by a joint vote of this Convention and the 
present Legislature seven delegates to represent the State of Texas 
in a convention to be composed of delegates from as many slave 
States as have already or may hereafter dissolve their connection 
with the government of the United States and may desire to cooperate 
in the adoption of measures for their common safety and defence, 
and to agree upon a basis of a new confederacy of slave States, pro- 
vided that the State of Texas shall not be bound as a member of said 
confederacy until the constitution thereof shall be ratified by the 
people of Texas. 

Sec. 5. Be it ordained that the present Legislature is hereby 
authorized and enjoined to watch over and provide for the safety 
of the State, and to see that it suffer no detriment at the hands of its 
enemies until another legislature be duly installed, and for this pur- 
pose it is authorized to adjourn and assemble at will, to pass all laws 
necessary to carry into full effect the powers heretofore delegated 
but now withdrawn from the Federal Government, and in the name 
of the State to contract such debts and to bind the State therefor, 



44 Journal of the Secession Convention 

not to exceed five millions of dollars as may be necessary for the 
defence of the country. 

Done at the Capitol in the City of Austin this the 30th day of 
Jany. A. D. 1861. 

On motion of Mr. Robertson of Smith the main question was or- 
dered, being the motion to strike out the second section of the ordi- 
nance, the same was put and the vote stood thus 

Yeas, Mesrs. Campbell, Casey, Wm. Chambers, T. J. Chambers, 
Clopton, Davenport, Dean, Field, Feeny, Herbert, Hicks, Holt, 
Luckett, Maltby, McKay, Mills, Ochiltree, Peck, Poag, Pope, Rogers 
of Marion, Scott, Taylor, Todd, Ward, Warren and Wier, 29.^ 

Nays, Mesrs. President, Abercrombie, Adams, Allen, Anderson of 
Cherokee, Anderson of Colorado, Armstrong, Askew, Batte, Beasley, 
Box, Burroughs, Burdett, Burton, Black, Blythe, Bradshaw, Brahan, 
•Broaddus, Brown, Chambers of Titus, Charleton, Chilton, Chisum, 
Clark, Clayton, Cleveland, Coke, Cook, Dancy, Davidson, Devine. 
Diamond of Cooke, Diamond of Grayson, Donalson, Dunham, Ed- 
wards, Earley, Fall, Floumoy, Ford of Caldwell, Ford of Cameron, 
Frost, Galloway, Ganahl, Gould, Graham of Bee, Graham of Rusk, 
Gray, Green, Gregg, Hardeman, Hays, Hill, Hobby, Hogg, Hooker, 
Hord, Howard, Hoyle, Hughes, Hutchison, Ireland, Jennings, John- 
son of Lamar, Johnson of Titus, Jones, Kelly, Koester, Lesueur, Lea, 
Lester, Littleton, Lock, Lofton, Lubbock, Maxey, Mc Craven. Mc- 
Craw, Mcintosh, Miller, Moore of Burnett, Moore of Fayette, Moore 
of Henderson, Montel, Moss, Muller, Nash, Nauendorf, Neel, Nelson, 
Newsome, Neyland, Nichols, Nicholson of Dallas, Nicholson of Fan- 
nin, Norris, Obenchain, Oldham, Palmer, Payne of Hopkins, Payne 
of Henderson, Portis, Prendergast, Preston, Price, Rainey, Rains, 
Reagan, Rector, Rhome, Robertson of Bell, Robertson of Smith, Rob- 
ertson of Washington, Rogers of Harris, Ross, Rugeley, Runnels, Shuf- 
ford, Scurry, Shepard, Smith of Bexar, Smith of Fannin, Stell, Stew- 
art of Anderson, Stewart of Falls, Stewart of Gonzales, Stockdale, 
Terry of Fort Bend, Terry of Tarrant, Thomasson, Thompson, 
Throckmorton, Waller, Walworth, Watkins, Wharton, Wilcox, Wiley, 
Williams of Lavacca, Williams of Lamar, Wilson, Work and Wright, 
143. [Correct total 145.] 

So the Convention refused to strike out the 2nd section of the 
ordinance 

The following communication was taken from the President's table 
and read 

^While only 27 names appear in the list above, The State Gazette (Austin), 
February 9, 1861, also reports the total as being 29. 



Journal of the Secession Convention 45 

Austin Jany. 31st 1861. 
To the Hon. O. M. Eoberts 

President of the Convention of Texas. 
Sir, 

I have the honor to inform you that I have been appointed a com- 
missioner by the Convention of South Carolina for the purpose of 
laying the Ordinance of Secession. of that State before your Conven- 
tion, and respectfully inviting your cooperation in the formation with 
us and other seceding States of a Southern Confederacy. 

I herewith enclose you my commission as such and respectfully 
suggest that it will afford me great pleasure to appear before your 
Convention and discharge the duties of my commission at any time, 
after to day, that will comport with the convenience and pleasure of 
your body. 

I have the honor to be 

Jno. McQueen. 

Mr. Reagan offered the following resolution which was adopted. 

''Resolved that the President appoint a committee of "five*' to 
wait upon the commissioner from South Carolina, and inform him 
that his communication of this date has been received and that it 
will be the pleasure of this Convention to receive him or any com- 
munication he may desire to make on to morrow at 2 % o'clock, 
P. M.["] 

On motion the Convention adjourned until 8 o'clock, P. M. 

Thursday Jany 31st 1861. 8 o'clock, P. M. 

The Convention met. Roll called. Quorum present. 

Mr. Taylor asked and obtained leave to change his vote on the mo- 
tion to strike out the 2nd section of the ordinance of secession. 

Mr. Scarborough, delegate elect from Cameron and Hidalgo coun- 
ties, came forward, presented his credentials and took his seat. 

Mr. Davidson offered a resolution relative to the arms and" 
arsenal of the State which was referred to the committee on Public 
Safety 

Mr. Rainey proposed to amend the ordinance of secession as fol- 
lows, after the word "Union" in the 4th line insert the following 
words, "is violative of the compact between the States and the guar- 
antees of the Federal Constitution" and after the word "and" in 
the same line insert "Whereas". Adopted. 

Mr. Scurry offered the following resolution by leave, 

"Resolved that S. Hart and P. T. Herbert be appointed commis- 
sioners to Arizona," which was referred to the committee on Public 
Safety. 



46 Journal of the Secession Convention 

By leave Mr. Ochiltree offered the follov^^ing resolution, 

*' Resolved that it is the opinion of the people of the ^^^^e of Texas, 
through their delegates in Convention assembled expressed, that the 
principle embraced in what is known as the 'Monroe Doctrine' is of 
the most vital importance to the State of Texas, and will be of equal 
importance to any confederation of the slave States hereafter to be 
established, and that our delegates hereafter to be appointed to rep- 
resent the State of Texas in a convention of the seceding States to be 
held in the City of Montgomery on the day of next 

be required to present said matter to the consideration of said con- 
vention, and to urge upon the same the enforcement of said doc- 
trine.'* 

Referred to the committee on Federal Relations 

The President announced Mesrs. Reagan, Ochiltree, Gregg, Frost 
and Abercrombie a committee to wait on the commissioner from 
South Carolina. 

On motion of Mr. Ireland the doors of the Convention were thrown 
open. 

Mr. Brown offered the following amendment to the 1st Section 6th 
line of the ordinance after the words ''the Southern people" insert 
the words "Texas and her sister slave-holding States."- Adopted. 

Mr. Nelson offered the following resolution which was adopted. 

"Resolved that this Convention will proceed to vote upon the ordi- 
nance of secession without debate tomorrow at 12 o'clock, M. ["] 

Mr. Howard proposed to amend the ordinance as follows: Add to 
Sec. 2nd the following proviso, "Provided that in the representative 
district of El Paso said election may be held on the 18th day of Feby. 
A. D. 1861. ["] Adopted. 

Mr. Gray offered the following amendment: Insert ["]Sec. 3. All 
rights of property or contracts acquired or vested under the consti- 
tution of the United States or laws or treaties in pursuance thereof 
or under the laws of the State, which are not incompatible with this 
Ordinance shall remain as valid as before its adoption. ["] 

On motion of Mr. Nelson the previous question was ordered, which 
being the engrossment of the ordinance, the same was put and carried. 

Mr. Devine made the following report from the committe ap- 
pointed to wait on the Governor 

Committee room Jany. 31st/61. 
To the President of the Convention 

The committee appointed to confer with the Governor upon the 
subject of our federal relations report that we have waited on him 
according to appointment, and have received as the result of our 



Journal op the Secession Convention 47 

conference the accompanying communication in writing from him, 
and herewith report the same for the consideration of the Convention. 

Jno. H. Reagan, 
Jno. D. Stell, 
P. W. Gray, 
W. P. Rogers, 
Thos. J. Devine. 

Executive Department 
Austin Texas, Jany. 31st/61. 
To Mesrs. Reagan, Gray, Rogers, Stell and Devine. 

Committee of the Convention. 
Gentlemen, 

The Executive has had the honor to learn at your hands of the 
passage of a resolution by the Convention assembled expressing a 
desire on the part of that body ' ' to act in harmony with the different 
departments of the State government" upon matters touching our 
federal relations 

Through the action of the Legislature of the State of Texas, a co- 
ordinate department of the government, the Executive has received 
official information that the Convention assembled has been recog- 
nized as possessing powers within the scope of the call under which 
its delegates were elected, the same to be submitted to a vote of the 
people at the ballot box for their ratification or rejection; not only 
does this action on the part of the Legislature commend the Conven- 
tion io my consideration, but the high character and respectability of 
the delegates composing it, commands my respect. 

I can assure you, gentlemen, that whatever will conduce to the wel- 
fare of our people will have my warmest and most fervent wishes, 
and when the voice of the people of Texas has been declared through 
the ballot box, no citizen will be more ready to yield obedience to its 
will or risk his all in its defence than myself. Their fate is my fate. 
Their fortune is my fortune. Their destiny my destiny, be it pros- 
perity or gloom, as of old I am with my country. 

For the courtesy paid me by the Convention and for the kind senti- 
ments expressed by the committee receive my thanks, and you can 
assure the Convention of the readiness of the Executive to act in har- 
mony with the Convention in securing an expression of the popular 
will in the matter 'touching our federal relations and that he will 
cheerfully confer with any committee appointed for that purpose 

Very respectfully 

Sam Houston. 

Mr. Wiley proposed to amend the ordinance by adding at the end 
of the 1st section the following, ''And that her citizens and people 



48 Journal of the Secession Convention 

are absolved from all allegiance to the United States or the govern- 
ment thereof" 

On motion the Convention adjourned until 11 o'clock, A. M. on 
to morrow. 



City of Austin Texas, 
Friday, Feby. 1st 1861. 

The Convention met pursuant to adjournment. Roll called, quorum 
present, prayer by the chaplain. 

On motion of Mr. Stell the reading of the Journal was dispensed 
with for the present 

The President announced Mesrs. Muller, Rhome, Hobby, Latham, 
Casey, MeCraven and Edwards a committee on Commerce, Revenue 
and. Navigation 

Mesrs. Rogers of Harris, Runnels, Ireland, Lea, Scurry, Terry of 
Tarrant and Burroughs a committee on Foreign Relations. 

Mr. Portis offered the following resolution which was adopted. 

''Resolved that the Governor, Lieut. Governor, Judges of the Su- 
preme and District courts be invited to seats within the bar of the 
Convention. [*'] 

Mr. MeCraven moved that a committee be appointed to wait upon 
the Governor and Lieut. Governor and invite them to seats within 
the bar of the Convention. Carried. 

The President appointed Mesrs. MeCraven, Hogg, Coke, Chilton 
and Casey said committee. 

Mr. Floumoy offered the following resolution which was adopted. 

' ' Resolved that a committee of five be appointed by the President 
to arrange chairs for the Governor, Lieut. Governor, Chief and Asso- 
ciate Justices of the Supreme Court, Speaker of the House of Repre- 
sentatives and Judges of the District and Federal courts. ["] 

On motion of Mr. Runnels, Mr. Clopton was added to the commit- 
tee on Foreign Relations instead of ^^^r. Runnels. 

The President appointed Mesrs. Flournoy, Wiley, Rogers of 
Marion, Graham of Rusk, and Maxey a committee to arrange seats 
for the Supreme Judges, Speaker of the House of Representatives, 
Senators and Representatives 

The Governor was then announced who received and accepted an 
invitation to a seat on the right of the President. 

The hour having arrived for the special order, viz: the ordinance 
of secession was taken up, read a 3rd time and passed by the follow- 
ing vote. 

Yeas, Mesrs. President, Abercrombie, Adams, Allen, Anderson of 
Colorado, Anderson of Cherokee, Armstrong, Askew, Batte, Beazly, 



Journal op the Secession Convention 49 

Box, Burroughs, Burton, Burdett, Black, Blythe, Bradshaw, Brahan, 
Broaddus, Brown, Campbell, Casey, Wm. Chambers, T. J. Chambers, 
Chambers of Titus, Charleton, Chilton, Chisum, Clayton, Clark, 
Cleveland, Clopton, Coke, Cooke, Dancy, Davenport, Davidson, Dean, 
Devine, Diamond of Cooke, Diamond of Grayson, Donalson, Dunham, 
Edward, Earley, Fall, Field, Feeney, Floumoy, Ford of Caldwell, 
Ford of Cameron, Frost, Galloway, Ganahl, Gould, Graham of Bee, 
Graham of Rusk, Gray, Green, Gregg, Hardeman, Hays, Herbert, 
Hicks, Hill, Hobby, Hogg, Holt, Hooker, Hord, Howard, Hoyle, Hutch- 
ison, Ireland, Jennings, Jones, Kelly, Koester, Lesueur, Latham, Lea, 
Lester, Littleton, Locke, Lofton, Lubbock, Luckett, Maltby, Marshall, 
Maxey, McCraw, McCraven, Mcintosh, McKay, Miller, Mills, Moore 
of Burnet, Moore of Fayette, Moore of Henderson, Montel, Moss, Mul- 
ler, Nash, Nauendorf, Neel, Nelson, Newsome, Neyland, Nichols, 
Nicholson of Dallas, Nicholson of Fannin, Norris, Obenchain, Ochil- 
tree, Oldham, Palmer, Payne of Henderson, Payne of Hopkins, Peck, 
Poag, Pope, Portis, Prendergast, Preston, Price, Rainey, Reagan, Rec- 
tor, Rhome, Robertson of Bell, Robertson of Smith, Robertson of 
Washington, Rogers of Harris, Rogers of Marion, Ross, Rugeley, 
Runnels, Scarborough, Scott, Scurry, Shepard, Smith of Bexar, 
Smith of Fannin, St ell, Stewart of Anderson, Stewart of Falls, Stew- 
art of Gonzales, Stockdale, Taylor, Terry of Fort Bend, Terry of 
Tarrant, Thomasson, Thompson, Todd, Waller, Walworth, Ward, 
Warren, Watkins, Wharton, Wier, Wilcox, Wiley, Williams of La- 
vacca, Wilson and Work, 166. 

Nays, Mesrs. Hughes, Johnson of Lamar, Johnson of Titus, Rains, 
Shuford, Throckmorton, Williams of Lamar, and Wright 8. 

On motion of Mr. Reagan the ordinance was ordered to be en- 
grossed on parchment and presented for the signature of delegates 
at 8 o'clock, P. M. ■ 

A flag was then presented to the Convention by the ladies of Travis 
county through Mr. George Flournoy, delegate from Travis county, 
and received by Mr. John A. Wharton of Brazoria county. 

On motion the Convention adjourned until 2 I/2 o'clock- P. M. 

2 1/2 o'clock, P. M. 

The Convention met. Roll called, quorum present. 

On motion of Mr. Moore of Fayette, Mr. Jesse Burnham was ad- 
mitted to a seat within the bar of the Convention. 

Mr. Jennings offered the following resolution which was adopted. 

''Resolved that the President of this Convention without delay 
communicate copies of the ordinance of secession to the Governor 
and Legislature, and request their cooperation in submitting it to the 
people of Texas for their concurrence and ratification. [ "] 



50 Journal of the Secession Convention 

Mr. Lea offered the following resolution which was adopted. 

''Resolved that the committee on Federal Relations is instructed to 
draft and report an ordinance prescribing the mode of an election 
to be held for ratification or rejection of the ordinance of secession 
and of declaring the result. ["] 

Mr. Ochiltree chairman of the committee for that purpose intro- 
duced Genl. Jno. McQueen, commissioner from the State of South 
Carolina 

Genl. McQueen upon being introduced to the Convention said, 

**Mr. President and Gentlemen of the Convention. I have been 
honored with a commission by the Convention of the State of South 
Carolina to repair to your State and lay before your Convention an 
ordinance of the State of South Carolina, by which she seceded from 
the confederacy and dissolved all connection with the federal gov- 
ernment of the United States. And also to tender to you the sincere 
sympathy of the people of South Carolina in the great and mo- 
mentous movement in which we are all engaged, and in which our 
interests are identical and our honor is alike involved. I am also in- 
structed respectfully to suggest to you, in the event of your seces- 
sion to cooperate with us and other seceding Southern States in the 
formation of a confederacy in which the constitution of the United 
States is to be taken as a basis, and that you send delegates to a con- 
vention to be held at Montgomery in the State of Alabama, on the 
4th day of this month to establish a government for such seceding 
States. 

''Having thus been honored by your body with an opportunity of 
discharging the special objects of my mission, I shall not presume to 
trespass upon your patience with any suggestions of mine as to your 
duty to your State. Indeed, had I no scruples upon the propriety 
of doing so, I should certainly decline it being too well satisfied that 
the honor and interests of Texas are much more secure in your own 
hands. But I trust I may not be intrusive if I refer for a moment 
to the circumstances which prompted South Carolina in the act of 
her own immediate secession, in which some have charged a want of 
courtesy and respect for her Southern sister States. She had 
not been disturbed by discord or conflict in the recent canvass for 
president or vice-president of the United States. She had 
waited for the result in the calm apprehension that the Black 
Republican party would succeed. She had, within a year, invited 
her sister Southern States to a conference with her on our 
mutual impending danger. Her legislature was called in extra 
session to cast her vote for president and vice-president, through 
electors, of the United States and before they adjourned the tele- 



Journal of the Secession Convention 51 

graphic wires conveyed the intelligence that Lincoln was elected by 
a sectional vote, whose platform was that of the Black Republican 
party and whose policy was to be the abolition of slavery upon this 
continent and the elevation of our own slaves to an equality with 
ourselves and our children, and coupled with all this was the fact 
that, from our friends in our sister Southern States, we were urged 
in the most earnest terms to secede at once, and prepared as we were, 
with not a dissenting voice in the State, South Carolina struck the 
blow and we are now satisfied that none have struck too soon, for 
when We are now threatened with the sword and the bayonet by a 
Democratic administration for the exercise of this high and inalien- 
able right, what might we meet under the dominion of such a party 
and such a president as Lincoln and his minions. 

"It is from under such dominion that South Carolina respectfully 
invites you to unite in fprming a government with a homogeneous 
people, identical in interest with you, and whose effort it will be to 
perpetuate the institutions of our fathers. 

''We are nof unmindful of your illustrious history when fresh 
from the fields of victory and glory in which you established your 
own independence you presented a spectacle unexampled ^n the his- 
tory of the world. With a territory sufficiently extensive for 
empires, with a soil rich in the production of everything necessary 
for the happiness of man, and with a climate as lovely as can be found 
on any spot of the habitable globe, without money and without price, 
you united your destiny with a sisterhood, whose duty it was to 
foster and protect you, and yet from our common enemy you received 
in return but neglect and insult, and even arson and poison, that your 
hearthstones might be violated and your wives and little ones tor- 
tured and murdered. 

' ' In conclusion I will simply add that it is a source of highest grati- 
fication to me, from what I have witnessed since I have been with 
you, and the intelligence and spirit in your honorable body, to be able 
to report on my return to South Carolina, and on the wayside, 
through six now independent, sovereign, Southern States, that your 
own noble State of Texas, in her own way, and at her own time will 
very soon be added to their number, and ready to unite with them in 
a Southern Confederacy, to perpetuate the institutions of our an- 
cestry, who transmitted them to us, that we should have in them but 
an usufruct, and transmit them, untarnished, to our posterity. 

''Allow me again Mr. President and Gentlemen of the Convention, 
to tender you my sincere thanks and gratitude for the honor you 
have bestowed upon me, and the kindness you have extended to me 
both publicly and privately since I have had the pleasure of asso- 
ciating with you and to assure you that they will most kindly be 



52 Journal of the Secession Convention 

remembered by me and I am sure appreciated by the State I repre- 
sent/' 

On motion of Mr. Reagan the commission and accompanying docu- 
ments of the commissioner from South Carolina were ordered to be 
filed with the papers of the Convention, and on motion of Mr. Chilton 
referred to the committee on Business. 

Mr. Campbell offered the following preamble and resolutions, 
which were referred to the committee on Public Safety. 

' ' Whereas there is reason to believe that the State of Louisiana has 
in her charge and under her control a large supply of arms not nec- 
essary to her own immediate wants, therefore, 

''Be it resolved that a commissioner be appointed and commissioned 
by the President of this Convention to repair to the State of Louisi- 
ana and in behalf of this State solicit of the governor of the State of 
Louisiana the use of such arms and munitions as he may consider it 
convenient and adapted to the requirements of the present emergen- 
cies in which we are placed. 

"Be it further resolved that the commissioner be also instructed 
to solicit of the governor of said State of Louisiana the piece of ai*- 
tillery surrendered by the Santa Fe expedition and recaptured near 
the city of Mexico by the American forces, which piece of artillery 
this State desires to reclaim as a memorial of an unfortunate but 
commendable enterprize. ' ' 

Mr. Neyland offered the following resolution which on motion was 
laid on the table. 

''Resolved that this Convention will adjourn to morrow night at 
12 o'clock, and that a new convention consisting of ninety members, 
one for each representative district in the lower house of the State 
legislature, be elected on the 23rd day of Feby. next, to assemble 
at the City of Austin on the 2nd day of March, 1861. ["] 

Mr. Ireland offered the following resolution which on motion was 
referred the committee on Public Safety. 

"Resolved that it is the opinion of this Convention that the troops 
now in the service of the United States in Texas should be mustered 
into the service of the State of Texas for the time being. ["] 

Mr. Herbert offered the following resolution which was referred to 
the committee on Commerce 

"Resolved that from and after the passage of the ordinance of 
secession upon the part of this State, it shall be the duty of all per- 
sons holding offices for the collection of revenue under the Federal 
Government in this State to be installed as officers of the State of 
Texas, and make their returns to the treasurer of the State of 
Texas. ["] 



Journal of the Secession Convention 53 

Mr. Anderson of Cherokee introduced "An ordinance providing 
for State officers continuing in office until otherwise provided. ["] 
Read 1st time and referred to the committee on Business. 

Mr. McKay offered the following resolution which was referred to 
the committee on Federal Relations. 

"Resolved that all federal officers in this State are requested to 
resign, except post masters" 

Mr. Muller moved that a committee of five be appointed on Postal 
Affairs. Carried. 

Mr. Stewart of Gonzales offered the following resolution which 
was adopted. 

"Resolved that the Convention expresses its deep sorrow for the 
serious illness of the Hon. J. C. Wilson which has prevented his at- 
tendance on the Convention to which he had been elected as a dele- 
gate, and we place upon our Journals our acknowledgments of his 
di>tinguished service in behalf of the great Southern cause. And the 
Secretary is requested to furnish him w^ith a copy of this resolu- 
tion. ["]^ 

Mr. Chilton introduced a resolution relative to the rendition -of 
fugitives from Mexico Read 1st time and referred to the committee 
on Federal Relations 

Mr. Brown offered the following resolution which was adopted. 

"Resolved that a committee of five be appointed to prepare and 
report for the consideration of the Convention an address setting 
forth the causes which impel Texas to secede from the Federal 
Union. ["] 

Mr. Locke offered the following resolution which wa^ referred to 
the committee on Business. 

"Resolved that it is the sense of this Convention that there should 
be an article incorporated into the constitution of the Southern Con- 
federacy to be formed at Montgomery, Alabama, that will prohibit 
any State therein from abolishing slavery. [ "] 

Mr. Chilton offered the following resolution which was referred to 
the committee on Finance 

"Resolved that the Legislature of the State be, and is requested 
to appropriate out of such monies not otherwise appropriated the 
sum of two thousand five hundred dollars, or so much thereof as 
may be necessary for the contingent expenses of this Convention, 
and that the Treasurer be required by law to pay out the same upon 
the order of the President of this Convention. [ "] 

On motion, Mesrs. Diamond of Cooke, Robertson of Bell and Gra- 
ham of Rusk were added respectively to the committees of Public 
Safety, Finance and Commerce. 

By request Mesrs. Reagan and Scurry addressed the Convention. 



54 Journal of the Secession Convention 

The President announced Mesrs. Muller, Davidson, Stell, Ward 
and Davenport a committee on Postal Affairs. 

On motion the Convention adjourned until 7 % o'clock P. M. 

Feby. 1st 1861. 7 1/2 o'clock, P. M. 

The Convention met. Roll called, quorum present. 

Mr. Wharton offered the following resolution which was adopted. 

''Resolved that Edwin Waller, the only signer of the Texan decla- 
ration of independence present as a delegate to this Convention, be 
honored by permission to sign the ordinance of secession next after 
the President, and that he be invited to a seat by the side of the Pres- 
ident of the Convention during this evening's session. ["] 

Mr. Nat Terry offered the following resolution which was referred 
to the committee on Public Safety. 

''Resolved by the Convention that five military commissioners be 
elected by this Convention whose appointment shall continue as long 
as the emergency lasts, or they shall be superseded by the appoint- 
ment of others, who when elected shall constitute a permanent mili- 
tary board with full discretionary powers on all subjects rightfully 
appertaining to military affairs. ["] 

Mr. Adams presented a communication from the Dallas Light Ar- 
tillery tendering their services to the Convention, which was referred 
to the committee on Public Safety. 

Mr. Hughes offered the following resolution which was referred 
to the committee on Resolutions. 

"Resolved that the chief justice of each county in the State, or 
in the event of his failure or refusal so to do, then any one or more 
of the county commissioners, shall order an election of delegates to 
be held upon the 23rd day of February A. D. 1861, in such counties 
as may compose a representative district not already represented by 
delegates upon this floor, under such rules and provisions as may 
have heretofore been prescribed for county elections by the statutes 
of the State of Texas. 

"Resolved further that if any vacancy should occur by death or 
resignation of any of the members of this body before said 23rd day 
of February the same regulations shall be observed. ["] 

The Convention then proceeded to sign the ordinance of seces- 
sion, under the motion of Mr. Reagan submitted this morning, which 
was done by the members signing as their names were called from the 
roll, when the following members signed the ordinance to wit : 

O. M. Roberts, Presdt.® W. S. J. Adams 

Edwin Waller W. A. Allen 

L. A. Abercrombie James M. Anderson of Cherokee 



Journal OF the Secession Convention 



55 



T. S. Anderson 

James R. Armstrong 

Kich. L. Askew 

Wm. C. Batte 

S. W. Beasley 

John Box 

Jas. M. Burroughs 

John I. Burton 

S. E. Black 

W T Blythe 

Amzi Bradshaw 

Robert Weakley Brahan 

A. S. Broaddus 

Jno. Henry Brown 

Robert C. Campbell 

Lewis F. Casey 

"Wm. Chambers 

T. J. Chambers Chairman of the 
Committee on Federal Rela- 
tions 

John Green Chambers 

N. B. Charlton 

Geo. W. Chilton 

Isham Chisum 

William Clark, Jr 

J. A. Clayton 

Charles Leander Cleveland 

A. G. Clopton 

Richd Coke 

James E, Cook 

Jon W. Dancy 

Thos. "G. Davenport 

A. H. Davidson 

C. Deen 

Thos. J. Devine 

Jas. J. Diamond 

Wm. W. Diamond 

Jno. Donelson 

Joseph H. Dunham 

H. H. Edwards 



Elbert Early 
Jno. N. Fall 
Drury Field 
John H. Feeney 
George Floumoy 
Spencer Ford 
John S. Ford 
'Thomas C. Frost 
Amos P. Gallaway 
Charles Ganahl 
Robert S. Gould 
Robert Graham 
Malcom D. Graham 
Peter W. Gray 
Jno. A. Green 
John Gregg 
Wm. P. Hardeman 
John R. Hayes 
Philemon T. Herbert 
A. W. 0. Hicks 
Thos. B. J. Hill 
Alfred M. Hobby 
Jos. L. Hogg 
J. J. Holt 
James Hooker 
Edward R. Hord 
Russell Howard 
A. Clark Hoyl 
Thos. P. Hughes 
J. W. Hutcheson 
Jno. Ireland 
Thos. J. Jennings 
F. Jones 
William C. Kelly 
Th. Koester 
C. M. Lesueur 
F. W. Latham 
Pryor Lea 
James S. Lester 
John Littleton 



•The spelling and arrangement of the original signatures attached to the 
engrossed ordinance of secession have been followed. The ordinance of 
secession is engrossed on a sheet of parchment 29 x 25 inches. The lower 
three-fifths of the sheet is filled with the signatures, which are arranged in 
six columns. 



m 



Journal or THE Secession Convention 



M. F. Locke 
Oliver Loftin 
Thos. Sallus Lubbock 
P. N. Luckett 
Henry A. Maltby 
Jesse Marshall 
James M. Maxey 
Wm. McCraven 
Thomas M. McCraw 
Wm. Mcintosh 
Gilchrist McKay 
Wm. Goodloe Miller 
Albert N. Mills 
Thomas Moore 
Thos. C. Moore 
Lewis W. Moore 
Charles de Montel 
B. F. Moss 
John Muller 
Thos. J. Nash 
A. Nauendorf 
T. C. Neel . 
Allison Nelson 
James F. Newsom 
W. M. Neyland 
E. B. Nichols 

E. P. Nicholson 
A. Gr. Nicholson 
James M. Norris 
Alfred T. Obenchain 
W. B. Ochiltree 

W. S. Oldham 
R. J. Palmer 
W. M. Payne 
W. K. Payne 
William M. Peck 
W. R. Poag 
Alexander Pope 
David Y. Portis 
D. M. Prendergast 
Walter F. Preston 

F. P. Price 



A. T. Rainey 
John H. Reagan 
C. Rector 

P. G. Rhome 

E. Sterling C. Robertson 

John C. Robertson (of Smith) 

J. B. Robertson of Independence 

William Peleg Rogers 

James Harrison Rogers 

Edward M. Ross 

Jno. Rugeley 

H. R. Runnels 

E. B. Scarborough 
William T. Scott 
William Read Scurry 
James E. Shepard 
Sam S. Smith 
Gideon Smith 

John D. Stell 
Jno G. Stuart of Anderson 
Charles Stewart of Falls 
William H. Stewart of Gonzales 

F. S. Stockdale of Calhoun 

B. F. Terry of Fort Bend 
Nathl Terry, Tarrant Co. 
E. Thomason 

James G. Thompson 
W. S. Todd 
Jas. Walworth 
R. H. Ward 
William Warren 
Jas. C. Watkins 
Jno. A. Wharton 
Joseph P. Wier 
Jno. A. Wilcox 
A. P. Wiley of Walker 
Ben Williams of Lavaca 
Jason Wilson 
Philip A. Work 
Henry Newton Burditt' 
P. Taylor^ 
Edward Dougherty^ 



'These three names are Included with those signed February 1, but they 
stand at the end of the list. In the printed lists and in the Journal they 
are located where an alphabetical arrangement would place them. The Jour- 
nal shows that Mr. Dougherty signed February 4th. 



JOUKNAL OF THE SECESSION CONVENTION 57 



Attest (4) 

E. T. Brownrigg 

Sec'y to the Convention i^l Z' ^'^^"^'^^ 

Wm. Dunn Schoolfield ^"^^ ^^'^"^ . 

Asst Secy ^^^"' ^' ^^™^^ 
R. W. Lunday (5) 

Asst Secy Noah Cox 

March 2nd 1861.« Chas. A. Russell 

(1) T. J. Word 
J. A. Chambers of Red River 

Eli. H. Baxter, Jr (6) 

(2) D M Stapp 

M. J. Hall Geo. H. Bagby 

William Nash W. Hunt 

(3) Tignal W. Jones 
W. A. Montgomery W. A. Mattox 
J. L. L. McCall Sam A. Willson 

Mr. Nicholson of Dallas offered the following resolution which was 
adopted. 

''Whereas the Convention having just finished the important duty 
of signing the ordinance of secession it is highly proper and appro- 
priate to invoke the blessings of the Great Jehovah upon us as a sov- 
ereign people, therefore resolved that the Rt. Revd. Alexander 
Gregg be invited to the stand for this purpose. ["] 

Mr. Davidson offered the following resolution which on motion of 
Mr. Ochiltree was laid on *the table. 

''Resolved that the committer on Resolutions be instructed to in- 
quire into the expediency of repealing so much of the 33rd Section 
of the 7th Article of the constitution as provides that the aggregate 
amount of debts contracted by the legislature shall never exceed 
the sum of one hundred thousand dollars and to report T)y resolution 
or otherwise at their earliest convenience. [ "] 

Mr. Wiley offered the following resolution which was adopted. 

"Resolved that 5000 copies of the ordinance of secession with the 
signatures of the members be printed and circulated among the peo- 
ple of the State. [ "] 

On motion of Mr. Robertson of Smith the Convention went into 
secret session. 

•The delegates whose names follow this date served only during the ad- 
journed session of the Convention. They signed the ordinance on or after 
March 2nd. The signatures appear at the bottom of the columns of signatures 
indicated by the numbers in parenthesis. By examining the certificates of 
election it will be seen that several of the delegates, elected to fill vacancies, 
signed the ordinance, although their predecessors had signed before resigning.