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.
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