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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. 

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On motion of Mr. Smith of Lamar, Conventior adjourned tilt 

.o’clock to-morrow. 

SATURDAY’, March 24th, 1866. 

Convention met pursuant to adjournment; prayer by the 

halJlaln roll called; quorum present; journkI o yesterday 

On motioh of Mr. Jones of Bastrop, Mr. Allen and 

Johnson o Titus were excused from further attendance 

Convention. 

Mr. Noron chairman of committee oa Condition of the 

ade following epor 

I[on. W. M. Tylor, President, 2to tern., Conven$ion 

The eommigce on Condition of the State, to whom was referre 

an ordinance oa the subjec of Mines Minerals, Salines, 

report the accompanying ordinance, and recommend its passage 

AN ORDINANCE, 

O the sub’ect of 3lines, fierals, Salines and Oil 

SEco 1. e it ordained b te 2eople of Texas in 

vention asembted, That all mines minerals, salines, oil springs 

or wells and all precious metals or meraIs, heretofore discpvcreed 

oruged or which hereaher may be discovered, Shall b, 

game are hereby declared 

on 

to be, lhe property of the rightf 

wner o the land ih which the same m%w be situated, subject. 

to suhuniform rate 5f taxation as the Legislature may impose. 

Read first time, and passed t/o the orders of the day. 

Mr. 

n 

PhiIlips one of the committee on Legislative Department 

behalf of said committe, made following report: 

Hon. W. Z Taylor, 2resident 2to tern., of Convention 

Th committee on the Lesltive Department, to whom was 

Constitution for the State 

referred n ordinance relative to a 

Texas, have instructed me t9 repor a substitute for the same 

and to recbmmen4 its adoption. 

0RDIANCE, 

efi!ng te ConStitution of the State 

S8: I. e ordained 5 the Teopk of Texa in onentibn 

as fllows 

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

26 

:to The Constitution of the State of Texas as in force on 

28th of January, 1861. 

2. The following ordinances adopted by ths Conventmn 

The ordinance entitled "Freedmen" adopted as a substitute 

er Article VIII of the Constitution in force Jnury 28tL 

1861. 

The ordinance 

purposes." 

"declaring the War Debt void, nd for other 

SEc. 2. All other mendments that my be made by thi 

Conveution shll bc submitted to the people, t the first genera 

election, for their acceptance or rejection; and if ccepted by 

hem shll become prt of sid Constitution, nd not otherwise. 

The amendments submitted to the people shll present the 

whole Constitution as proposed to be mended. 

Read first time, and pssed to orders of the day. 

Mr. Cmp of Upshur in behalf of the committee on Legisla 

ve Departmen made following report: 

Hon. W. E a.Slor 2resident firo tern. of Convention 

The committee on the Legislative Department, to whom was 

referred an ordinance provldmg for the election of State Officers, 

and fixing the time for the meeting of the Legislature have had 

,he same under conslderation and instruct me to report the 

ccompanying as a substitute for same and recommend its passage. 

AN ORDINANCE, 

Providin# for t]e [eeio of ae Oeers, and fixin 

time for t]ze meetzn of the 

SECI0 1. Be it ordained by the people of Texas in 

centio assembled That an elecfion shall be held on the 4tI 

honduy in MV, A. D. 1866 m the several counties of this 

State, for ll the State nd County Officers, who under the Con 

siuton and laws arc elected by the people. 

SEc. 2. Be t ftert/vr ordained, That the officers elected 

under ths ordinance shall hold their respective offices from the 

4ate of their nstallation to the first Monday in August A. 

1866 and thereafter, ii)r the full term prescbed by lw. 

SEc. 3. Be it2rt/er ordained That the Legislature of 

State of Texas shall meet at the seat of Government thereof, 

ad begin their session on the first Monday m July A. D. 1866 

SEc. 4. Ae it )trt/ter rdained, That in order to carry out 

the provisions of this ordinance, the Prowsionl Governor of 

State be and is hereby uthorized and requested to ssue h 

proclamation, s early us may be, ordering an election to be 

in the several counties of this State at the time and for the pm 

poses specifiin his ordinance. 


265 

Read first time, and passed to orders of the day, 

Mr. Degener, a miho{ity 61 g the bmlitee 

Dpartment, made following repoyt 

Wra. Ta$,r, residentoe; Of nveniou : 

Sa 

The undersigded, a minority p he committee aa th 

Lehlative Department, diseeh2 ith h reot of 

ajofity of sai committee in the mttr of the orinanc fixing 

the eleci0n fo te ocers, ke.i und kingthe snse of the 

pee of the Ste oa the adoption of the Constitutmri a 

9sed by this C0vention, begs leavto epo he enclosed ordiuance, 

us substitute for the ordinahce eported by the mcjoriy 

f said emittee 

The Temple of Texas, in onvtn assembled, ordain and 

&cree Sc. I. That the whole of the action of this Convention, 

duding all or4inancs and ameadmems e Constitutiou of 

his State, shall 

submitted o the ople of this State 

the acceptance or rejection by vote of the qualified deeor of 

he State, on the first Mond id gffne A. D. 1866. 

Sc. 2. That anvleotion slt be held on the first Monday in 

hugust A. D. 1866 ia the severM counties of this State,: for 

Stte District nd Cowry Officers required by the Constiution 

and laws of the Sate o be elected bye people. 

Sc. 3. The Legislature of ts State shall meet u the 

)f Government, nd begin its session on the first Monday n 

September A. D: 1866. 

Sc. 4. That the Frosionat Governor of this State be and 

he is authorized and requested te iue the necessary 

ions to carry out the provisions of tMs ordinance. 

Read u first time nd passed o orders of the 

Mr. Roberts, chairman of the Jadidary Committe% made 

oIlowing report: 

Co Roo, Mch 24th 1866, 

The committee on She Judclaxy, to whom was 

. 

rerred an 

ordinance making vlid the laws and acts of:officers therein men, 

5oned, and for othr purposes, wih the amendmenis offere5 

ihereto o:n moon ofh dlete rom Gonzule (Mr. Wu) 

iave had the same under oniderion, and rennet me to epor 

t they he nt had tme d mmre he sam ask 

ey be allowed nfil M0y morning eh a*cl0k(o repc 

t/hereon. 

O. M. ROBERTS, hMn Committee; 

Report adopted, and, on motion of Mr. 


order for 1"2 o’clock [onday next, and committee insrude,l 

to report by that time. 

Mr: ]all, from commitee..Sn Enro]Jed nd :Engrossed 

nnces, made following reports; 

COEE Roo, March 24th, 186G 

To Hon. Yff. [. ’aylor 2resident 2ro tern. of onventio 

The undersigned, one 

o t!e committee on EnroIled und 

grossed Ordinances, respecthlly report hat they have examined 

an ordinance making a pproprition of money for per.dem 

pay aud mileage, nd nd the same properly enro]ted nd 

A. J. BALL, one of the Committee. 

Coi Roo, Murch 24th, 1866. 

Hon. Vn. JL aylor, resident, pro tern., of Convention. 

The undersigned, one of the committee on :Enrolled nd 

grossed dmnces, respectfully report thut they huve exumined 

ArtMe IV, Judid Deprtment, und find the sme properly 

enrolled and sied. 


Co Roo, March 24h, 1866. 

Hon. Win. Talor, President, pro tern., of Convention 

The undersigned, one of the committee on Erolled and Engrossed 

Ordinances, respectfully report thut they huve examined 

Article V, Executive Department, nd find the same properly 

enrolled und signed. 


Repdrts uccepted. 

Mr. Nortpn offered 

the, 

following resolution 

Resolved, by te peflle of tI tate of exas, b 

in Convetion ssembled, That the deth of General 

ouston ]te Governor o[ the State of Texas, is 

culmity, und that in consideration of hs pre-eminent abilities. 

greut experience und exalted ptrlotsm, his high churcter awl 

enthusiastic devotion o the interest und he cuse of Texa, 

from he beginning of the strgge for independence, 

ofir revolutionary wr, our estence as Repubhc nd our life 

s State,. nd in upprecition of the fithl dischurge of 

duges s Commander-in-Chief of the rmy as Presiden of the 

Republic, us United Stues Sento nd us Governor of the 

Sute His Excellency the Gsvrnor i hereby authorized 

powered to procure and plae in the Reprdsentative Hll, 

full length portruit, to commemorate his distinguished service, 

and peetute his nem6ry: 

Aopte4 unanimously. 



ORDERS OF THE 

Article X, tducation, an engrossed article, was aken up, and 

placed on its third and final reading. 

Mr. Norton offered the following amendmen’t 

Amend Section 8, by striking out all after the word "shall," 

in second line, and inserting, 

"be appropriated to the support of 

public schools, and is hereby passed to the credit of the free 

common school fund." 

Mr. Henderson moved the previous question. 

Seconded. 

The question being Shall the main question be now put ? and 

he Yeas and Nays being called, sood: 

Yeasessrs. Anderson, acon, Beall, Bumpass, Camp of 

Upshur, Genv, Gurley Hancock Henderson, Hill Hun Jones 

f Bastrop, Lane, Mabry, Murchison Perry Reeves Richardson 

Saunders Taylor of Houston, Yarnell and Whitfield22. 

NaysMessrs all Benge, Bradshaw, Burke Camp of Golind, 

Davis of Webb, Daws of Cherokee, Degener, Dre 

lanagan,. Giddings Hart Hurt Johnson of Tarran, Ledbeer, 

Lmdsey Iiddleton, Nelson, )orton, orris, Parsons, 

hillips, Roberts, Runnels Saufley Selman, Shepard, Shields, 

Shaw Smith of Lamar Taylor of Fannin, Thompson Tyus 

Walker, Waul and Woodcut37. 

So the ouse refused to order the main question. 

The question recurring oa the amendment of Mr. orton 

Hurt moved o lay on the be; and he Yeas and ays bring 

called, stood thus 

YeasMessrs. Anderson, Bacon, Bradshaw, Bumpass, Camp 

of Upshur Davis of Webb, Degener, Gentry, Giddings, Gur!ey, 

Hncock, Henderson, Hunt, Iur, Johnso of Trrant, Jones 

of Bastrop, Jones of Bexar Lane, Ledbetter, Mabry 

mack, Murchison, Perry, Ihillips, Reeves, Roberts Runnels, 

Saunders Shepard Shields, Smith of Colorado, Taylor of Houston, 

Thomas of Cameron Thompson, Tyns, Walker, Waul, 

Whitfield and Woodsy39. 

NaysMessrs. Armstrong, Beall, Benge, Burke, Camp of 

GoIiad, Dalrymple, Dvls of Cherokee, Drake, Ylanagan, Hart, 

Lindsey, Middleon dson, Norton, orris, Paseha Richardson, 

Saufley, Shaw, Smith of Lamar, Taylor of Yannin, and 

Varnell22. 

So he amendment was lald on the table, 

Mr. Waul offered the following amendment: 

So. 2. Strike ou, in 6th line, the word "the" between 

and eduemion, and aher education, in 6th line to and in 7th 


Mr. MoCormack moved that the Article and proposed 

ments be recommitted to the committee. 

Mr. Whltfield moved to ly the motion to recommit on the 

tble nd the Yeas and ays being called for stoo thus 

YeasMessrs. Anderson Armsrong Ball BelI,Bege 

shw Bumpass Burke, Camp of Upshur, Davis of Cherokee, 

Drake, Gentry, Gurley, Henerso Jones of Bastrop L]rdsey 

Mbry, son, rris, erry, Roberts, Saunders 

Selmn, Shields, Smith of Colorado Taylor of Houston Walker. 

Whfield nd Woodsy30. 

ays--Mssrs. Bacon Camp of Gohad, Dalymple Daws 

Hun Hurt, John- 

Webb Degener, Flanagan Giddings Hart, 

son of Tarrant, Jones of Bexar, Ledbetter, McCormack, Middleton, 

Mchison, qorton, Parker, Parsons, Paschal, PhiIlips 

orter, Rseves, Richardson, Runnels, Sh%pard, Shaw, Slaughter, 

Smith of Lamar, Taylor of Fannin Thomas of Cameron Thompson, 

Vuell and WauI--34. 

So the House refused to lay on the table. 

The question recurring on the motion to recommit, Mr. Whi 

field moved a call of the House. Lost. 

The question being on the motion to 

recommit and tle Yeas 

and ays being called, stood thus: 

Yeas--Messrs. Bacon, Ball, Bea, Bradshaw Camp of Go]ind. 

Davis of Webb, Davis of Cherokee, Degener, Dre, Giddings, 

Gurtey, Hart, Hunt Hurt, Johnson of Tarrant Jones of Dexar, 

Ledbetter, Lindsey McCormack, Middleton Murchlson, orton, 

orr, Parker 2arns, Paschal Phillips, orer, Roberts, Runads, 

Shields, Shaw, Smith of Lamar, Taylor of Fannin, Thomas 

of Cameron, Thompson, Tyus, Varnell and WauL 

ays--Messrs. Anderson, Armstrong, Benge, Bumpass, Camp 

of Up,hut, DahTmple Flanagan, Gentry, Henderson, 

Mubry, 1-elson Perry, PcoM, Richardsn Saufley, Selman, 

Sm of Colorado, Taylor of Housn Wker and Whitfield21. 

So [e Artlele and proposed amendment were recommitted. 

When the 

name of Mr. Jones of strop ’us culled on the 

preceding call of the es and Noes he moved that he be permitted 

t9 pair off with Mr. Walker, and the question being put 

the permission was granted. 

Mr. Selman introduced the following ordinance 

A 0RDIAIqCE, 

efesrn to tge ldebtedness of ts State. 

in onventlon assembled that the 1st and 2d Sections of 

ordinance entitled "An Ordinance declaring the War Debt 


and for other purposes/ adpted by this Convention, be and the 

same are hereby declared to be f[naI and forever binding on the 

State but the 3d section shl be submitted to a direr vote 

he people to be taken sparatety d dlstincly from all other 

mesures. 

Ssc. 2. At the first general election after the adjournment 

his 

onvention qe quatified voters throughout the State may 

voe zpraely on sMd hlrd section a:nd itsalt be the duy of 

he Provisional Goverr o issue his proclamaion acordinly, 

giving such instructions as may seem most appropriate, in order 

o obtain the sense of the people on he questibn involved ia 

secgon referred o. 

Sc. 3. ShouM a majority of the legal yos cas be against 

he section, he whole subject matter contalmd therein all 

math subject o the future action of the Legislature. 

Read a first time, and placed o the orders of he day. 

Ir. Degener moved to ad Mr. Waul o the committee 

Education. 

Los. 

0n moion, the Convention ajourned till half after 7 o’clock 

to-night. 

Convention met roll called; q:uoram present. 

On moion of Mr. Whitfieid the vacancies on committee og 

Education were filled. 

The ollowing gentlemen were named by the Presiden o 

:Iessrs. Mahry, Record, Smtho Colorado Perry, nd Burke. 

0tDS OF THE DAY. 

t.epor of t;he comkee o General Provisions. as to the proriety 

oF 

srlkiag, 

ou he 30th section of the VH Article of the 

A communlcaioa o:m Itls Excellency, e Provional Governor, 

caIlng fhe attention of the Convengon tthe condition 

he Blind Asdum, and king that some provision be made for 

he support 0 Blind until Legislative action could be had, was 

read, and referred to he Finance committee. 

The question recurring on t/he adoption of the report of the 

committee, Mr. PaschaI offered the following 

Strike out Sec. 30 General Provisns of the Constitution 

Art. VII. 

ir. Camp of Upshur raoved to lay he moion on the 

on which the Yes nd Nys were ordered, and stood ihus 

Yeas--SIessrs. Anderson, Armstrong, Bacon, Ball, 


Benge, ]radshaw, Camp of Upshur GentG, Gddmg%, Gurley 

Hancock, Hunt, Jones of Basrop, Lane Liadsey, 

glsoa, orton, Rorr% Parson% Perry hillip% rer, Recvrd 

Reeves, 

Rober Runnels, Setman hepd Shields, Shuford, 

Slaughter, Smith of Ooloruo, Taylor of Fannin, y!_or 

Houston, TSompson Tyu% Walker, Waal, nd 

ysMessrs. Burke, amp of Gollud, 

Witfiedl. 

Dlrymple, Daws of 

Webb, Davis of Cherokee, Degener, Drake, Flanagn Htl 

Hurt, Johnson of Tarran% ones of Bexr Ledber 

MC,rmack, Murchson, Paker, ha! Sufley, Thomz of 

Cameron, Varndl and 

S he momn prevailed. 

The qaestio eing on the dopon of the reort of the 

mtee t was smitted the Hona% and 

Report of the committee on General ovisis of the Constitution, 

mending Sec. 9 Bill of Right% was tak up and red 

second time, a4 adopted. 

0n motion of M Phillips, ule ws suspended bill re4 

hrd tme, and passed. 

eport of the committee on Gc’I 2rowsmns of the ConstuUon 

m regard to retaining in the Bdl af Rghts the ngh of 

he State to regulate th elective fraaehie ’s tkeu up, red 

and adopted. 

The report of the committee o General Proqsioas of the 

Consttutmn, elatmg to eserving from i%rced sale certain 

mouat of personal proper:y, was suken up. 

Mr. Camp of Goliad offered the following us subsgute for 

he report 

AN ORDINANCE. 

by te W91e of Te2ag i Obnvention assemexempte 

Be it ordained 

5ed That m addition to the property heretofore 

%rced sla, tht n additional amount f once thounl dolhrs 

xorh 

of such propy as heads of famils my most desire for 

he farrnce of thdr respectiveocums, be gloae exempted 

}om brced sle. 

r. Br_shaw moved ffhe premus 

Seconded. 

The question being, shM1 he m[a qusstmn be no" put, nd 

he Yeas and ay$ eiag called for stood hus: 

Yes--Messrs. aeon Brdsh Davis of Webb Giddlng% 

Gurley, ncock, Hill Hunt, ur, Johnson of Trat, Jones 

of Bsrop, Jones of exar, Ldbetter, Liney 

Middleton, elson, Parker, Paschal, Perry, Philli 

Reeve% Roberts, Runnels, Saunders, Shepard, Shuford Smith of 


Colorado, Taylor 

and Walker--33. 

:[qays--Messrs. Anderson, Armstrong, Beall, Bongo, Burke 

Camp of Goliad, Camp of Upshur, Degener, Drake, Flaagan 

Gentry, Murchison, lorton loris, Parsons, Porter, Saufley 

of Houston: Thomas of Cameron Thompsor 

Shields, Slaughter, Taylor of Fannin, Tyus, arneI1, Waul 

Whitfield, and Wool--,,5. 

S(> the main question was ordered to be put. 

The question being on the adopt;on of the report, the Yeas 

and lays were ordered, and stood thus 

Yeas--iY/essrs. Bacon, Bradshaw, Giddings, Gurley Hancock, 

Hunt, Hurt, Johnson of Tarrant, Jones of Basrop, Jones of 

Bexar, Ledbetter, Lindsey, Mabry, MeCormk, Nelson, Parker, 

Parsons, Paschal, :Perry, Phillips, Porter, Record, Reeves 

Roberts, Runnels, Saunders Sdman, Sheprd, Shuford, Smith 

of Colorado, Taylor of Houston, Thomas of Cameron, Thompson, 

and Walker34. 

lays--Messrs. Anderson, Armstrong, Beall, Bongo, Burke, 

Camp of Goliad, Camp of Upshur, Davis of Webb, Degener, 

Drake, Flanagan, Gentry, Hill, Middleton, Murehison, lorton, 

;orris, Saufley, Shields, Slaughter, Taylor of Fannin, Tyus, 

Yarnell, Waul, Whitfield, and Woods--26. 

So the report was adotted. 

The reports of the committee on General Provisions of the 

Constitution, in regard to the observance of the Sabbath, was 

taken up. 

Mr. Waul moved o substitute the minority report and the 

accompanying ordinance for the report of the majority of the 

committee. 

The ’eas and Nays were ordered, and stood thus 

YeasMessrs. Anderson, Bacon, Beatl, Bongo, Bumpass, 

BUrke, Camp of G01d Camp of Lrpshur, Drake, Flanagan 

Hancock, Hill, Hurt, 5’IeCormack, Middleton, :Norton, Phillips, 

Record, Reeves, SauiIey, Slaughter, Taylor of Houston, 

Waul, Whitfield, and Woods--25. 

laysMessrs. Anderson, Bradshaw, Davis of Webb, Degener, 

Gentry, Giddings, Gurley, Hunt, Johnson of Tarran, Jones of 

_]exar, Jones of Bstrop, Ledbetter, Liadsey, Mabry, Murchison, 

Nehon, i’orris Parker, Parsons, Paschal, Perry, :Porter, 

Roberts, Runnels, Saunders Shepard, Shields, Shuford. Smith 

of Colorad% Taylor of Fanin, Thomas of Cameron, 

and Watker33. 

Lost. 

Yarnetl 


273 

M0DA, March 26th, 186. 

Convention met pursuant, to adjournment; prayer by the 

hpain roll called quorum psen journal of yerday 

read and adopted.. 

Mr. h%torr, chairman f committee 0n Condition of the 

The emR off 

Oondiimn of the Sate, to whom the 

prig n ordinance i egr o te remptioa, of tnds. 

ld for es hs been 

refed regarding the subje s 

h eion,by this Oonventmn recvmmend the 

ompanng ordinance r 

A ORDinANCE, 

pssge of the 

Cvonention assembled, Th he owners of all lands sdd 

axes since the 1st day of Wbmary, t1, sha have two years 

v)eSt were such lands hvea purchaseby te 

e amount of taes due upon the same 

and heze such tnds 

h been Fahased by divi,la, by ying to Pa ind- 

,ziduals the amount of money pad for such ad with ten per 

nt. iert on said amnt from the dae of purchase. 

And 

here such purcaase n be made wth urrecy or faads ether 

6n spie; the owner of such lands sha have the righ to 

sme by pving o such purchaser the wlue of the 

t of tzrency or funds pain by tim fo uid tads 

le time the same was so paid, with int un the same as 

bove stated. 

ad first time, and pass 

- 

Vhe orders of the 

Mr. Roberts, chairman of Judiciary Committee made rep:rt 

Cor Rooz, March 26th, 1866. 

h. W. Taylor residen pro tern. the 

T. diary Comuiltte to whom was refeed two 

:e eting W payments Cue school fund in State sury 

Wrrants, made by the Railroad Companies, have had he same

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