journal of the texas state convention: assembled at austin ... · mo)xy,march 19th, 1866....

Citation: Journal of the Texas State Convention: Assembled at Austin, Feb. 7, 1866. Adjourned April

2, 1866. [Austin, TX.]: Printed at the Southern Intelligencer Officer, 1866.

Content downloaded from

Tarlton Constitutions 1824-1876 (http://tarlton.law.utexas.edu/constitutions/)

The text of these documents is in the public domain. That is, the original words and content are freely usable.

The images of the documents are copyrighted material; the copyright is held by the Tarlton Law Library. The copyrighted images may be used only with permission. Permission is granted to use the copyrighted materials in the classroom for educational purposes. Downloading, printing, publication, public display or otherwise using any of the copyrighted images, including on the web or in a forum other than a classroom, requires permission from Tarlton. Requests for permission to use these materials should be submitted online to [email protected].

If you are uncertain whether you need permission to use these materials, please contact us at [email protected].

http://tarlton.law.utexas.edu/constitutions/

mailto:[email protected]

mailto:[email protected]

the public school fund."Mr. Record moved to reconsider the vote refusing to adopt his

uendment, as divided.The question being on the reconsideration, the same was put,

uad lost.The question recurring on the adoption of the amendment of

Mr. Norton. Mr. Whitfield offered the following amendment:Prowded, that the white children and those of African de-

,cent nall not be aught in the same school."On moion, Convention adjourned ill 9} o’clock on MoMay

orning, pending the amenent of Mr. Whitfield.

MO)xY, March 19th, 1866.Convention me: pursuant to adjournment; prayer by the

haain roll called quorum present journal of yes,rallyead and adopted.Mr. Davis of Webb, one of he committee on Finance, pre-

ented the foilowing reporC)sf Roo:, MarCh 17, 1866.

n. W. $, Taylor President pro tern, qf {he Convenffon:The committee on Fnance o Whom was referred auauthorize he payment of debts contmc{ed for the support ofe Asylums of the Sae, and eter purposes, direct meepor as followsThe commitee after due invesiguon, conside nil of this

duss of indebtedness, (incurred between the 28th day ofgry, 1861, end he dte of fae sarrender to the United Stagesfrces,) as being substantially within the prohibition containedegd Section of the dinance passed by this ConventiontM14th inst. State Wurats were issued under the then exist-m authorities at a sealed rte of alue sc[en to cover ll theaebtedness. In regard go:any cIeim subsequent to the suen-er for supplies furnished the Asylus, he committee are ofpinion hat hese have ben, or wilt be prbvlded for, by theProvisional Governor of this State or by the United StatesGovernment. The committee accordingly ask leave ge return’Nid ordinance, with a recommendation ha no aetloa be takenMreon by thisRecelved t0 come up ia order.Mr. Beatl made $he fotIoMng por from he cbmmitee

Property of Tarlton Law Library, Jamail Center for Legal Research, The University of Texas School of Law

ono Wo Io Taj/lo’, Preiden 2)to emo of ConventionThe committee on Fmance to whom was referred he petti

of & H. Hutchins and accompanying ordinance, reqmringLegislature to pa) all claims of State officers and clerks of-armus civil deprtments of State have had the sameconsideration, and instruct me o report that t s theopinion of the committee that the claims thereto sough opaid re among theft class contemplated by the 3d Secmn ofordinance "declamng the war debt rind and for other purpose,,and see no reason why the claims referred go should beexception to ehe generel rate, and gherefore cannot reeommehe passage of the ordinance.eem-ed, go come up m order.Mr. gandolph made the folloMng report from eommiggee

Nnrolled and Engrossea Ordinanceson. I2 , Taylor, resident ro tern. f Ie CovenfioS: The committee on Enrolled and Engrossed Ordmane

have examined an ordinance creting a Crimmai Cour forcounties of Galveston and Harris, and find 5e same correc?engrossed.

Report accepted.Mr. Robers, chairman of the Judiciary Commtte% made

report as follows:Cott Roo, March 18th, 1866

)n. W. M. Taylor, President pro tern. of the ConventionThe Judiciary Committee to ’hom was referred the reso

tion of the delegate from Tarrant county (Mr. M. T. Johnsoia relation o relief to be ven to executors and administrat,who have received Confederate money, have had the sameconsideration, nd have instructed me to recommend thatConvention shM1 take no action thereon. It would be a dire:interference with the rights of parties in such manner asopen the doors to fi’auds to an extent no now to be foreseen.

Received to come up in order.Mr. Record offered the following resolutionesolved That a c,mmittee of nine be appointed to repot

statable address to His Excetlency Andrew Johnson,of the United States of America.

Adopted.In execution of which resolution, the Presiden: pro

appointed the following committeeMr. Record chairman; Runaela, Norton, Walker, Hanc

Jones of Bexar Roberts, Smith of Colorado, Phillips.Mr. Shepard offered the following ordinance


mar, Taylor of Fanni, Tylor of l{ouston Thompson,

Nys--Messrso Allen, Anderson, Bradshw, Dvis of CherokeDrak% Henderson, Jones of Bastrop, labry arsons, PhillltRoberis, Saufley Shw, Walke{, Wul nd Whkfield16.

the leave was granted.On motion of Mr. Norton, Mr. Bacon was added t the c

ttee on Finance.Mr. Selmun ntroduced the following

AN ORDINANCE,On the subject of lines, Minerals, Salines

She. 1. Be it ordained by tire people of tTe State ofin Convention assembled That all mines minerals, salines,springs, or wells, and all precious metals r minerals heretofore4iscovere4 or ed or which may hereafter be discoveredbe and he same are hereby declared eo be the properW ofrightful owner of he ln4 on wMc5 the same my be situated.Re4 first tim% ad referred W committee on Condition of

State.5r. Hacoek, chairman o he committee on General Provi

ions o the Constimma, by]eave made the following reportO)t Roo, March !7th, 1866.

Hon. . . Taylor resident pro tern. the ConventionThe commit:ee on General Provisions of the Constitution

whom was referred n ordinance relative to the salt lake knower;as "El Sul del Rey," hve had the same under consideration,and direct me to repor he illowing substitute for the same airecommend its passageSection, o be added to Genera Provlsions of e Constitution

That the State of Texs hereby releases t the owner ofsoft al mies and mineral substances that may be on hesabjec to such umform rte of txation as the Legislature maympose. All islands along the Gulf cos of he Star% notptened or appropriated by locations under vahd land certfices, ire reserved fl’om ]oetion or ppropriatioa in any otbmnner, by priwte individuals, han as he Legislature may herefter direct.Read firs ime, and passed t he orders of heQuestion pending a the hour of he ls djournmenb viz

amendment o Mr. Whifield to the 7th Section, . X, Eductio, of the Constution, again .aken up, and the questionon the adoption of said amedmet when te 2residenhe same t be out of order.


may be sold, and the fund invested under he same rulesregulations as pro’ided for the lands belonging to the schs(>fund the income of sd fund only shll be ppled s thepor of such institutions, and ntil ss ppled, shtl bein he sme mmer as the principal0n motion of Mr Sanders, the Doorkeeper, Mr lourno}

ws excused for the dy on accoun of illness.The question recurring on the adoption of the additional

isn offered to the Article by Mr. Gentry, nd the Yessys being cllcd for, stood thusYesMessrs. Allen Armstrong, Dull, Denge, Drdsh

Dmpass Gmp of Goliad, Cmp of Upshur Dvis of WebDegener Drake Gentry, Hancock Hrt Henderson HumJohnson of Tarrant Lane, Latimer, Ledbetter, Lindsey,cCormck, Mideton Murchison, elon, orto, orrisParksr Perry Ranck Rndolph, Recerd Reeves Rchrdsounaels, Sunders Sheprd Shelds Smith of Colord% T71oof Houston, Tyus and Young--43.eys--lessrs. Anderson Bacon, ea]l urke Da]rympl

Flanagan Giddings Hunt Jones of Dastrop, Parsons Phillipoberts Saufley Shaw Smith of Lamar Taylor of FannhWalker, Waul Whitfield and Woodsy20.

So the amendment was adopted.ir. habry offered the following amendment to Sec. 8Amend to read after the vord Universities, in 3d ]ine

ntil the University or Universities are located and commencedthe principal and the interest arising from the investment ofprincipal shall be invested in like manners"

Adopted.Mr. Roberts offered the following amendmentAfter ]st ]ine 7th Section, provided ihe taxes levied shal

be distributed flom yer to year as the same may be collected.And Mr. Norto having the floor was called to order by th

President under he ten minute rule and the question beingshall the gentlemtn hve leave to proceed and being puleave was granted.

The question recurring on the amendment of Mr. Robertand the Yeas and ays being culled for stood thusYeasMessrs. Allen Anderson Armstrong Bacon

eall radshaw umpass urk% Camp of Goliad CmpUpshur Daymple Davis of Webb, Degener Drake FlanagaaGe try Giddings Hancock, Hart, Henderson Hill, Hunt HurtJohnson of Trran Johnson of Titus Jones of astrop Jonesf exar Lane Latimer Ledbetter Lindsey McCormack


So the amendment was lost.The question recurring on the amendment of Mr, 1N:orris

Davis" offered the following amendment. o 9th section,After the word times, on 3d ha% dd the rds and he sMiihve superintendence and management of common schls."

Mr. Shields p:oposed to substitute the amendment oMrDavis by inserting the words "and common schools," aher tword fund in 5th

Substitute ccepted by r. Dv, and adopted by the House.Mr. Roberts offered the following amendment:In hne rst, Sec. 9, srike out the words "the Legislature

shall elect, and mser the words, "the Governor, by and withhe avice and consent of two-thirds of the Snut% shlI

Adopted.Mr. Dvis of Cerokee offered he following amendmet

come n ag the end of 9th sectionProvided the Legislature shall appoint a Board of Scholars

examine and report on the quaIificatloa of M1 candidates forposition of Superintendent.On motion, laid on the ble.he question recurring on the mendmen of Mr. Norris

he 10th section, nd being put, the sme wasMr. Gentry moved the previous question. Seconded.And the question being, sM]l the main question be now

ehe sme was submitted to the House, nd the min question wasordered.

The main question being the engrossment of the rdelowas pu, nd the Yeas and Nays being called for, stood thus:YeasMessrs. Allen, Anderson Armstrong, Bacon Bali,

Benge, Bumpass, Burke, Camp of Goliad, Camp of UpshDalrymple, Davis of Webb, Degener, Drake, Gentry, Giddings,Hancock, Henderson Hill, Ham, Hurt, Johnson of Titus, Jonesof Bastrop, Jones of Bexar, Latimer Ledbetter, Lindsey, MabryMcCormack, Middlcton, Murchison, Nelson Norris, Phillips,ganck Randolph, Reeves, Richardson, Roberts, Saunters,aufley Shepard, Shields, Shaw, Smith of Colorado, Taylor ofHouston, Thompson, Tyus, Walker, Wau], Whield,WoodsS2.NaysMessrs. Beall Bradshw Davis of Oheroke%

gaE Har Johnson of Trraat, orton, Yarkerrry, Porter Runnels, Selman, Smith of Lamur, TayIorFannin, Vrnell and Youngi.

So the Article was ordered to be engrossed.


as early as possible.Lost.Mr. Saunders offered the following resolution as a substitute

for the ordinance]esolved, That the Provisional Governor of the State of

Texas be requested to call into service a regiment of mountedtroops, for the immediate protection of the frontier.

Lost.Mr. Jones of Bexar offered the following amendment

To come in at the end of 2d Section.And said Commissioner is authorized to signify to the General

Government the consent of the State of Texas that a treaty maybe made by the Government, by which the privilege of hunting,for a limited number of years, on the unoccupied territory of theState west of the 100th parallel of longitude, may be concededo the Choctaws, Chickasaws, and Cherokees, upon conditionhat these tribes will aid in protecting the frontier of Texas, andgive information of the movements of hostile bands and thatsMd Commissioner be instructed to give information particularlyof the hostile operations of the Kickapoo tribe, now settled inMexico, upon the south-western settlements of this State.Mr. Allen offered the following substitute for the ortinance

and proposed amendments:]esolved, That the Provisional Governor be requested to have

organized at least four companies of mounted Rangers, to beraised in the rontier counties, and have them stationed at suchpoints along the line of frontier as will afford the most efficientpotection to the people.On motion of Mr. Ranck, the whole subject was referred to a

selec committee of five.Upon which motion the President appointed the following

committeeMr. Ranck, chairman; Messrs. ]:;[orris, Lindsey Drake, Jone

of Bexar.On motlo he Convention adjourned until to-morrow ut 9

oclock,

TSA March 0th, 1866.Convention met pursuant to adjournment;prayer by the

chaplain rlt called quorum present journal of yesterdayread and adopted.


journal of the texas state convention: assembled at austin ... · mo)xy,march 19th, 1866....

Documents