Citation: Journal of the Reconstruction Convention: which met at Austin, Texas. Texas.

Transcription

1 Citation: Journal of the Reconstruction Convention: which met at Austin, Texas. Texas. Constitutional Convention ( ). Austin, TX: Tracy, Siemering & Co., printers, Content downloaded from Tarlton 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 rarebooks@law.utexas.edu. If you are uncertain whether you need permission to use these materials, please contact us at rarebooks@law.utexas.edu.

2 RECONSTTRUCTION CONVENTION JOURNAL. 815 CAPITOL, AUSTIN, TEXAS, AUGUST 21, 18G8. Convention met pursuant to adjournment. Roll called; quorum present. Piayer by the Chaplain. Jouruals of yesterday read and adopted. Mr. Grigsby was excused on account of sickness. Messrs. Glenn, Keuchler and Downing were also excused for the same reason., Mr. Patten moved that Mr. Evans of McLennan be indefinitely excused. Mr. Smithy of Galveston, moved to suspend the rules to take up the following resolution: Resolved, That a committee of three be appointed by the president to examine into and inquire by what authority a member of this Convention holds his seat in violation of military circular No. 16, dated May 16th, 1867, and issued by Brevet Major General Griffin and report to this Convention. Mr. Thomas moved to lay the subject upon the table. Upon which the yeas and nays were demanded and resulted Yeas--Messrs. Armstrong of Lamar, Bryant of Grayson, Buffington, Butler, Burnett, Constant, W. Flanagan, Iarris, Harm, Kealy, Lippard, McCormick, Morse, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Thomas, Varnell, Wilson of Brazoria, Wright, Yarborough-23. Nays-Messrs. President, Armstrong of Jasper, Bell, Bledsoe, Boqld, Boyd, Bryant of Harris, Caldwell, Carter, Degener, Fayle, Flanagan, Fleming, Foster, Gaston, Goddin, Hamilton of Travis, Hunt, Jordan, Kendal, Leib, Lindsay, Long, Mackey, Muckleroy; Munroe, Oaks, Patten, Ruby, Smith of Galveston, Stockbridge, Sumner, Talbot, Watrous, Whitmore,'Williams, Wilson of Milam- 37. So the Convention refused to lay on the table. Mr. Sumner moved the previous question. Previous question seconded. The question recurred, "Shall the main question be now put?" The main question was ordered. The question recurred upon the adoption of the resolution. It was adopted.

3 RECONSTRUCTION CONVENTION JOURNAL. The president appointed, upon the committee under the resolution, Messas. Phillips of Wharton, Pedigo, and Armstrong, of Jasper. Mr. Smith, of Galveston, moved that two additional members be added to the committee. Carried. Messrs. Patten and Talbot were appointed. The president announced the business was upon section forty-five of the report of the Committee on General Provisions.* On motion, section forty-five was adopted. Mr. Armstrong, of Lamar, offered the following additional sections: SEC. -. That it shall be the duty of the Legislature to provide for the more certain and speedy collection of the fees of the officers of the courts. SEC. --. That the Legislature shall by law make it a sufficient cause to strike from the docket any cause where the cost of the officers of the court are not paid on or before the first day of each term of the court, except the parties shall make oath that they were unable to pay said cost. SEC. -. That in all cases where persons indicted in any court, and conviction shall not be had, the State shall pay all costs in cases of felony and the counties shall pay all costs in cases of misdemeanor. Mr. Wright moved to lay the proposed sections upon the table. Carried. Mr. Wilson, of Brazoria, offered the following as an additional section: It shall be the duty of the first Legislature, after the adoption of this Constitution, to levy a special road tax upon the property of all persons in this State, and appropriate the same to the building of bridges and the improvement of public roads in the different co'ities in the State, under such rules and regulations as the first Legislature shall provide. Mr. Sumner moved to strike out the word "' first " before Legislature. Carried. The question recurring upon the adoption of the section as amended, the yeas and nays were demanded and resulted Yeas-Messrs. President, Bell, Bledsoe, Bryant of Harris, Buffington, Butler, Caldwell, Carter, Constant, Curtis, Degener, W. Flanagan, Fleming, Foster, Hamilton of Travis, Hunt, Johnson of * For report see page 236.

4 RECONSTRUCTION CONVENTION JOURNAL. 817 HIarrison, Jordan, Kealy, Kendal, Long, McCormclk, McWashington, Mundine, Newcomb, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Scott, Sumner, Talbot, Thomas, Varnell, Whitmore, Williams, Wilson of Bramoria, Wilson of Milam, Wright-38. Nays-Messrs. Armstrong of Jasper, BoardBryant of Grayson, 3 Lrnett, Flanagan, Gaston, Goddin, Harris, Harn Home, Keigwin, Kirk, Leib, Lindsay, Morse, Muckleroy, Pedigo, Smith of Galveston, Stockbridge, Watrous, Yarborough-21. So the section was adopted. Mr. Thomas offered the following as an additional section: "No confirmed drunkard or professional gambler shall be eligible to office in this State." Mr. Home moved to lay the proposed section upon the table. Upon which the yeas and nays were demanded and resulted Yeas--Messrs. President, Armstrong of Jasper, Bell, Booard, Buffington, Butler, Burnett, Caldwell, Carter, Degener, Fayle, Flanagan, Flanagan W., Foster, Gaston, Hamilton of Travis, Harris, Horne, Hunt, Johnson of Harrison, Johnson of Calhoun, 'Kealy, Keigwin, Kirk, Lindsay, McCormick, McWashington. Mundine, Munroe, Patten, Phillips of San Augustine, Phillips of Wharton, Rogers, Stockbridge, Varnell, Watrous, Wilson of Brazoria, Wright--39. Nays-Messrs. Bledsoe, Bryant of Grayson, Bryant of Harris, Constant, Curtis, Fleming, Goddin, Jordan, Kendal, Leib, Mackey, Morse, Newcomb, Posey, Smith of Galveston, Smith of Marion, Talbot, Thomas, Vaughan, Whitmore, Williams, Wilson of Milam, Yarborough-23. So the proposed section was laid upon the table. Mr. Lindsay asked leave of absence for to-day for Mr. Schuetze. Leave granted. Mr. Foster introduced the following as an additional section: Mechanics and artisans of every class shall have a lien upon the articles manufactured or repaired by them, for the value of their labor done thereon, or materials furnished therefor; and the Legislature shall provide by law for the speedy and sufficient enforcement of said lien." Mr. Caldwell moved to lay the proposed section upon the table. Upon which the yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Board, Bryant of Grayson, Buffington, Caldwell, Constant, Fayle, Fleming, Gaston, Hamilton 52

5 818 RECONS'TRUCTION COI-TVENTTION JOURINAL. of Travis, Harris, Harn, Home, Keigwin, Kirk, Lindsay, MYacket, Morse, Muckleroy, Mundine, Munroe, Posey, Varnell, Vaughan, Wilson of Milam, Wright-26. Nays--Messrs. President, Armstrongo of Lamar 1 Bell, Bledsoe,, Bryant of Harris, Butler, Burnett, Carter, Cole, Curtis, Degener, Flanagan, W. Flanagan, Foster, Goddin, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Leib, Long, McCormick, Mc Washinkgton, Newcomb, Rogers, Ruby, Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Thomas, Watrous, Whitmore, Vi iluiams, Wilson of Brazoria, Yarborough-38. So the Copvention refused to lay the section upon the table. The question recurring upon the adoption of the section, it was adopted. Mr. Bryant, of Harris, offered the following as an additional section: " Every settler on the public domain of the State shall be entitled, upon proof of actual settlement for the term of three years, to locate and appropriate a tract of one hundred and sixty acres of land, if the head of a family, and a tract of eighty acres of land, if not the head of a family, which shall become the property of the settler' in fee simple, free of all costs whatever, other than the expense of surveying." Mr. Goddin moved to lay the section upon the table. Ipon which the yeas and nays were demanded and resulted Yeas--Messrs. Armstrong of Jasper; Board, Bryant of Grayson, Buffington, Caldwell, Constant, Fayle, Fleming. Gaston, Hamilton of Travis, Harris, Har, Horne, Keigwin, Kirk, Lind'ay Mackey, Morse, Muckleroy, Mundine, Munroe, Posey, Varnell, Vaughan, Wilson of Milam, Wright-26. Nays-Messrs. President, Armstrong of Lamar, Bell, Bledsoe, Bryant of Harris. Butler, Burnett, Carter, Cole, Cmrtis, Degener, Flanagan, W. Flanagan, Foster, Goddin, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Kendal, Leib, Long, McCormick, McWashington, Newcomb, Rogers, Ruby, Smith of Galveston, Smith of Marion, Stockbridge, Thomas, Talbot, Watrous, Whitmore, Williams, Wilson of Brazoria, Yarborough--38. So the Convention refused to lay the proposed section upon the table. Mr. Carter moved that the report of the Judiciary * be taken up. * For report see p 465.

6 RECONSTRUCTION CONVENTION JOURNAL. 819 Carried. Mr. Butler moved that the report be considered section by section. Carried. Mr. Board moved that the word "constitution" be stricken out in third line of section one. Mr. Wright moved the previous question. Previous question seconded. The question recurred, " shall the main question be now put?" Main question ordered. The question recurred upon the adoption of section one of the report. It was adopted. Mr. Butler offered the following amendment tosection two: Strike out from the word " appointed" on the second line to the word " Senate," in the third line inclusive, and insert " elected by the qualified electors of the State." Mr. Flanagan moved to lay the amendment on the table. Upon which the yeas and nays were called, and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Board, Bryant of Grayson, Cole, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Goddin, Hamilton of Travis, Harris, Harn, Horne, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kirk, Lindsay, Muckleroy, Mundine, Munroe, Posey, Scott, Smith of Galveston, Stockbridge, Thomas, Varnell, Vaughan, Wilson of Milam, Wright, Yarborough-34. Nays-Messrs. President, Bell, Bledsoe, Bryant of Harris, Buffington, Burnett, Carter, Caldwell, Curtis, Fayle, Hunt. Johnson of Harrison, Kendal, Leib, Long, Mackey, McWashington, Morse, Ruby, Smith of Marion, Talbot, Whitmore, Watrous, Wilson of Brazoria-24. So the amendment was laid upon the table. Mr. Sumner offered the following amendment: Amend by striking out the word " fiftee, 7," in third line, and substitute the word "six;" also, the word "two," in place of "three," in fifth line. Mr. McCormick moved the previous question. Previous question seconded. The question recurred, " shall the main question be now put?" Upon which the yeas and nays were demanded, and resulted Yeas-Messrs. Armstrong of Lamar,.Bell, Bryant of Grayson, Buffington, Caldwell, Carter, Constant, Curtis, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Harn,

7 820 RECONSTRUCTION CONVENTION JOURNAL. Home, Johnson of Calhoun, Lindsay, Long, Mackey, McCormick, MeWashington, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers,' Ruby, Scott, Smith of Galveston, Stockbridge, Thomas, Varnell, Vaughan, Watrous, Wilson of Brazoria, Wright, Yarborough-40. Nays-Messrs. President, Armstrong of Jasper, Bledsoe, Board, Boyd, Bryant of Harris, Butler, Burnett, Cole, Degener, Gaston, Goddin, Hunt, Jordan, Kealy, Kendal, Kirk, Leib, Lippard, Morse, Muckleroy, Mundine, Newcomb, Oaks, Smith of Marion, Sumner, Talbot, Whitmore, Williams-29. So the main question was ordered. The question recurred, "shall the section be adopted-?" Upon which the yeas and nays were demanded, and resulted Yeas-Messrs. Armstrong of Lamar, Bell, Bryant of Grayson, ]uffington, Burnett, Caldwell, Carter. Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Harn, Home, Johnson of Calhoun, Leib, Lindsay, Long, Mackey, Mc- Cormick, McWashington, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey, Schuetze, Smith of Galveston, Stockbridge, Thomas, Varnell, Vaughan, Watrous, Wilson ofbrazoria, Wright, Yarborough-39. Nays-Messrs. President, Armstrong of Jasper, Bledsoe, Board, Boyd, Bryant of Harris, Butler, Cole, Degener, Gaston, Goddin, Hunt, Johnson of Harrison, Jordan, Kealy, Kendal, Kirk, Lippard, Morse, Muckleroy, Mundine, Newcomb, Oaks, Patten, Rogers, Smith of Marion, Sumner, Talbot, Whitmore, Williams--30. The Convention adopted the second section. Mr. Home offered the following amendment to section three: In line four, after the word "two" insert "or of fact," and after the word "judge" insert "or by the jury." In line six, strike out "thirty"? and insert "sixty." Carried. Mr. Smith, of Galveston, moved the previous question. Previous question seconded. The question recurred, "shall the main question be now put?" Upon which the yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell, Bledsoe, Board, Boyd, Bryant of Grayson, Bryant of Harris, Buffington, Butler, Caldwell, Carter, Cole, Curtis, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Goddin, Hamilton of Travis, Harris, Ham, Home, Johnson ofcalhoun, Jordan, kealy, Keigwin, Kendal, Kirk, Leib, Lindsay, Lippard, Long, Mackey, McCormick, McWashington, Morse, Muckleroy, Mundine, Munroe, Oaks, Pedigo,

8 RECONSTRUCTION CONVENTION JOURNAL. 821 Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Ruby, Scott, Smith of Galveston, Smith of Marion, Stockbridge, Talbot, Thomas, Varnell, Vaughan, Watrous, Whitmore, Williams, Wilson of Brazoria, Wilson of Milam, Wright--62. Nays -Messrs. President, Hunt, Newcomb, Patten-4. So the main question was ordered. The question recurred upon the adoption of the third section. It was adopted. Mr. Sumner offered the following amendment to section four: Amend by striking out three last words, and insert "four other places in the State." Mr. Flanagan moved the previous question. Previous question seconded. Mir. Sumner moved a call of the House. Call sustained. Absentee---Flening. Mr. Carter moved a suspension of the call of the House. Call suspended. The question recurred, " shall the main question be now put?" Upon which the yeas and nays were demanded, and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell, Board, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter, Cdnstant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, H-amilton of Travis, Harris, Harn, Home, Johnson of.harrison, Johnson of Calhoun, Keigwin, Kirk, Leib, Lindsay, Long, Mackey, McCormick, McWashington, Mundine, Munroe, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Scott, Stockbridge, Thomas, Vaughan, Watrous, Wilson of Brazoria, Wright-43. Nays-Messrs. President, Bledsoe, Boyd, Bryant of Harris, Cole, Curtis, Degener, Goddin, bunt, Jordan, Kealy, Kendal, Lippard, Morse, Muckleroy, Newcomb, Oaks, Patten, Pedigo, Ruby, Smith of Galveston, Smith of Marion, Sumner, Talbot, Varnell, Whitmore, Williams, Wilson of Milam, Yarborough-29. *So the main question was ordered. The question recurring, "shall section four of the report be adopted?" The yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Board, Bryant of Grayson, Buffingion, Burnett, Caldwell, Carter, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamilton' of Travis, Harris, Harn, Home, Johnson of Harrison, Johnson of Calhoun, Jordan, Keigwin; Leib, Lindsay, Long, Mackey, McCormick, McWashington,

9 822 RECONSTRUCTION CONVENTION JOURNAL. Munroe, Mundine, Phillips of San Augustine, Phillips of Wharton, Posey, Scott, Stockbridge, Thomas, Vaughan, Watrous, Wilson of Brazoria, Wright-39. Nays--Messrs. President, Armstrong of Lamar, Bell, Bledsoe, Boyd, Bryant of Harris, Butler, Cole, Curtis, Degener, Gaston, Goddin, Hunt, Kealy, Kendal, Kirk, Lippard, Morse, Muckleroy, Newcomb, Oaks, Patten, Pedigo, Rogers, Ruby, Smith of Galveston, Smith of Marion, Sumner, Taibot, Varneil, Whitmore, Willians, Wilson of Milam, Yarborough-34. So section four was adopted. ' Mr. Bledsoe movei that the words the Supreme Court shall employ its own clerks" be stricken out of section five, and the words " elected by the qualified voters" inserted. Mr. Flanagan moved to lay the amendment upon the table. Upon which the yeas and nays were demanded, and resulted thus : Yeas-Messrs. President, Armstrong of Jasper, Armstrong of Lamar, Board; Boyd, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter, Cole, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamilton of Travis, Harris, Har, Horne, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kirk, Leib, Lindsay, Long, Mackey, McWashington, Muckleroy, Mundine, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Scott, Smith of Galveston, StoCkbridge, Sumner, Thomas, Varnell, Vaughan, Watrous, Whitmore, Wilsan of Brazoria, Wilson of Milam, Wright-52. Nays-Messrs. Bell, Bledsoe, Bryant of Harris, Butler, Curtis, Degener, Gaston, Goddin, Hunt, Kendal, Lippard, Morse, Newcomb, Oaks, RlRby, Smith of Marion, Talbot, Williams-18. So the amendment was laid upon the table. Mr. Munroe offered the following amendment: Amend by inserting " clerk" instead of "clerks," in section five, first line, and the word " his," instead of the word " their," first line, and the word "office," in place of the, word "offices," first line, and the word "clerk," instead of the word "clerks," third line. The question recurred upon the adoption of the amendment. It was adopted. The question recurred upon the adoption of section five, as amended. It was adopted. Mr. Kirk offered the following amendment to section six: In second line strike out "appointed by the Governor by and with the advice and consent of the Senate," and insert " elected by the

10 RECONSTRUCTION CONVENTION JOURNAL. 823 zqualified electors of said district ;" in third line strike out ' appointment" and insert "elected." Mr. Curtis moved to lay the amendment upon the table. Upon which the yeas and nays were demanded and resulted Yeas-Messrs. President, Armstrong of Jasper, Armstrong of Lamar, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Hamilton of Travis, Ham, Horne, Johnson of Calhoun, Jordan, Kealy, Ltib, Lindsay, Mackey, McCormick, McWashington, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Scott, Smith of Galveston, Stockbridge, Vaughan, Watrous, Wilson of Brazoria, Wright, Yarborough-39: Nays-Messrs. Bell, Bledsoe, Board, Boyd, Bryant of Harris, Butler, Cole, Curtis, Degener, Gaston, Goddin, Harris, Hunt, Johnson of Harrison, Keigwin, Kendal, Kirk, Lippard, Morse, Muckleroy, Mundine, Newcomb, Oaks, Patten, Ruby, Smith of, 'Marion, Sumner, Talbot, Thomas, Whitmore, Williams, Wilson of Milam-32. So the amendment was laid upon the table. Mr. Davis, of Nueces, offered the following amendment to section six. Provided, That the first general election after the fourth of July, 1876, the question shall be put to the people whether the mode of election of judges of the supreme and district court shall not be returned to. Mr. Caldwell moved to amend by inserting the word "may" instead of "shall." Withdrawn. Mr. Hamilton, of Travis, moved to lay the amendment upon the table. Upon which the yeas and nays were demanded, and resulted Yeas-Messrs. Armstrong of Jasper, Bryant of Grayson, Buffington, Burnett, Caldwell, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Hamilton of Travis, Lindsay, McCormick, McWashington, Munroe, Pedigo, Phillips of San Augustine, Posey, Scott, Stockbridge, Varnell, Watrous, Wilson of Brazoria, Yarborough--24. Nays- Messrs. President, Armstrong of Lamar, Bell, Bledsoe, Board, Bryant of Harris, Butler, Carter, Cole, Curtis, Degener, Foster, Goddin, Harris, Harn, Home, Hunt, Johnson of Calhoun, Johnson of Harrison, Jordan, Kealy. Keigwin, Kendal, Kirk, Leib, Lippard, Mackey, Morse, Muckleroy, Mundine, Newcomb, Oaks,

11 824 RECONSTRUCTION CONVENTION JOURNAL. Patten, Phillips, of Wharton, Rogers, Ruby, Smith of Galveston, Smith of Marion, Sumner, Talbot, Thomas, Vaughan, Whitmore, Williams, Wilson of Milam, Wright-46. The Convention refused to lay the amendment on the table. Mr. Webster Flanagan moved the previous question. Previous question seconded. The question recurring "shall the main question be now put?" the yeas and nays were demanded, and resulted Yeas-Messrs. Buffington, Burnett, Constant, Fayle, Flanaglan, W. Flanagan, Fleming, Hamilton of Travis, Leib, McCormick, McWashington, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Scott, Stockbridge, Varnell, Watrous, Wilson of Brazoria, Wright- 21. Nays-Messrs. President, Armstrong of Jasper, Armstrong of Lamar, Bell, Bledsoe, Board, Bryant of Graysan, Bryant of Harris. Butler, Caldwell, Carter, Curtis, Degener, Foster, Goddin, Harris, I-arn, Horne, Hunt, Johnson of Harrison, Johnson of Calhoun, Jordan, Kealy, Keigwin, Kendal, Kirk, Lindsay, Lippard, Mackey,. Morse, Muckleroy, Mundine, Newcomb, Oaks, Patten, Posey, Rogers, Ruby, Smith of Marion, Sumner, Talbot, Thomas, Vaughan, Whitmore, Williams, Wilson of Milam, Yarborough-47. So the Convention refused to order the main question. The question recurred upon the adoption of the amendment. Mr. Thomas moved to amend the amendment by striking out thewoods "supreme and.'" Mr. Bell moved to lay the amendment to the amendment upon the table. Carried. The amendment was adopted. Mr. Armstrong, of Jasper, offered the following amendment: Strike out the fourth and fifth lines, and insert "shall hold courts in each county thereof at such time and place as may be prescribed by law." The question recurred upon the adoption of the amendment. It was rejected. Mr. Board offered the following amendment: Strike out " three terms" a year, and insert " two terms." Mr. McCormick moved the previous question upon the adoption of section six, as amended. Previous question seconded. The question recurred, " shall the main question be now put?" Main question ordered. The question recurring upon the adoption of the section as amended, the yeas and nays were demanded and resulted thusl

12 RECONSTRUCTION CONVENTION JOURNAL. 925 Yeas-Messrs. President, Armstrong -of Lamar, Bell, Bledsoe, Bryant of Grayson, Bryant of Harris Buffington, Burnett, Caldwell, Constant, Carter, Curtis, Degener, Fayle, Fleming, Foster, Goddin, Hamilton of Travis, Harn, Home, Johnson of Hatrison, Johnson of Calhoun, Jordan, Kealy, Eeigwin, Kendal, Leib, Lindsay, Long, Mackey, McCormick, McWashington, Mundine, Munroe, Oaks, Pedigo, Phillips of San Augustine, Phillips of' Wharton, Posey, Rogers, Ruby, smith of Galveston, Stockbridge, Thomas, Varnell, Vaughan, Watrous, Williams, Wilson of Brazoria, Wilson of Milam, Wright-51. Nays--Messrs. Armstrong of Jasper, Board, Cole, W. Flanagan, Gaston, Harris, Hunt, Morse, Newcomb, Patten, Smith of Marion, Whlitmore-12. The Convention adopted the section. Mr. Board offered the following amendment: In section seven, strike out all from the twelfth line, and leave powers of the county and police courts as they now stand. Mr. Burnett moved the previous question. Previous question seconded. Mr. Sumner moved a call of the House. Call sustained. On motion the Convention adjourned until four o'clock this afternoon. AFTERNOON SESSION-FOUR O'CLOCK. Convention met pursuant to adjournment. Roll called. Quorum present. Mr. Carter introduced a petition from the citizens of Parker county respecting indigent persons therein, and asked its reference to the Committee on State Affairs. Mr. Bryant of Grayson was excused on account of sickness. Mr. Varnell, from the Committee on Apportionment, reported upon senatorial and representative districts of the State. Reading dispensed with and ordered to be printed. Mr. Hunt, from Committee on State Affairs, reported as follows, with accompanying declaration:

13 826 RECONSTRUCTION CONVENTION JOURNAL. Hion. E. J. DAVIS, President of the Convention: COMMITTEE ROOM, Austin, August 21, SIR:,Your Committee on State Afiairs have had under consideration a declaration presented by Mr. Kirk, in reference to the relinquishment by the State of the State tax of the county of Erath assessed in to be used in replacing the records of said county, recently destroyed by fire. We find, upon investigation, that the office buildings of county clerk, district clerk and county surveyor, together with all of the records, were burnt in September, This county being upon the frontier, has also suffered from the depredations of Indians to such an extent that the people, in many cases, have been reduced to absolute want, and are unable to bear the additional taxation necessary to supply the required records. These facts considered, a majority of your committee have instructed me to report the declaration back to the Convention, and ask its passage. H. C. HUNT, Chairman. DECLARATION Requesting the Commanding General of the Fifth Military District to order the relinquishment of the State tax assessed f(r the year 1868, in the county of Erath, to said countyt, fbr the purpose of replacing the records recently destroyed by fire. SECTION -. Be it ordained and declared by the people of Texas in Conventtion assembled: That Brevet Major-General J. J. Reynolds, commanding the Fifth Military District, be and he is hereby respectfully requested to order the relinquishment to the county of Erath, of the State tax assessed in said county for the year 1868, to be used in replacing the records of said county, recently destroyed by fire. Mr. Kirk moved a suspension of the rules for the consideration of declaration. Declaration read second time and agreed to. Mr, Pedigo moved a. further suspension of the rules to put declaration on its passage.

14 RECONSTRUCTION CONVENTION JOURNAL. 827 Resolution read third time and adopted. Mr. McCormick asked leave of absence for Mr. Scott. Leave granted. Mr. Hamilton of Travis offered the following declaration: A DECLARATION For the relief of the heirs of General Sam. Houston, deceased. SECTION 1. Be it declared and ordained, That the land certificate heretofore issued by the lawful authorities of the Republic of Texas on the twentieth of June, 1838, to General Sam. Houston, for military services from November, 1835, to October, 1836, for twelve hundred and eighty acres of land, being No. 3,894, be and the sane is hereby approved and declared to be a valid and just- claim from its date against the State of Texas, and the Commissioned of the General Land Office is hereby authorized to issue a patent on the same to the heirs of Sam. Houston, deceased. Mr. Hamilton of Travis moved a suspension of the rules for consideration of declaration. Declaration read and agreed to. Mr. Johnson of Harrison moved a further suspension of the rules to put the declaration on its passage. Declaration read third time and passed. Mr. Carter introduced the following resolution: Resolv ed, That this Convention take a recess from Monday, thirty-first August, to the first Monday in December, Mr. Carter moved a suspension of the rules to take up resolution. Upon ' which the yeas and nays were demanded, and resulted Yeas-Messrs. President, Armstrong of Jasper, Armstrong of Lamar, Bell, Bledsoe, Board, Boyd, Burnett, Carter, Cole, Curtis, Fayle, Flanagan, Gaston, Harris, Harn, Hunt, Johnson of Harrison, Keigwin, Kendal, Kirk, Leib, Lippard, Long, McCormick, McWashington, Morse, Munroe, Newcomb, Oaks, Patten, Pedigo, Slaugh-

15 828 ECONSTRUCTION CONVENTION JOURNAL. ter, Talbot, Thomas, Wilson of Brazoria, Wilson of Milam, Yarborough-38. Nays-Messrs. Buffington, Caldwell, Constant, W. Flanagan, Fleming, Foster. Goddin, Hamilton of Travis, Johnson of Calhoun, Jordan, Kealy, Mundine, Phillips of San Augustine, Phillips of Wharton, Rogers, Smith of Galveston, Smith of Marion, Stockbridge, Varnell, Vaughan, Watrous, Whitmore, Williams, Wright 25. Rules not suspended. Mr. Flanagan introduced the following resolution: Resolved, That the Secretary be required to issue to the copying clerk assisting the secretaries, a certificate for his pay at four dollars per diem from the date of his employment. Mr. Flanagan moved a suspension of rules to take up resolution. On motion the resolution was referred to the Committee on Contingent Expenses. lr. Munroe introduced the following declaration, and asked its reference to the Committee on Internal Improvements. A DECLARATION Supplemental to the declaration in relation to railroads, declared August 10, SECTION 1. Be it further declared, That the right of way intended to be granted by said declaration shall extend to the width of two hundred and fifty feet, for the purpose of a double track; and where it runs through the public lands, the State grants it in full property; and where the same runs through the lands of individuals, said company may acquire the same by purchase or condemnation under the law. SEC. 2. The said International Pacific Railway Company shall have the further right to extend two branches of said road from points of intersection to the Gulf of Mexico, with all the rights and franchises which appertain to the main trunk of said road. SEc. 3. And the line of 'said International Pacific Railroad, in Texas, is more clearly defined, to commence at or near a point on the east boundary line of the State, where the States of Arkansas and Louisiana join, and to run south-west to the Rio Grande, to or near Laredo; and to aid in the construction of said road, and enable the company to furnish homesteads to freedmen and other operatives

16 RECONSTRUCTION CONVENTION JOURNAL. 829 upon the road, there is hereby reserved to said company all public unlocated land for twenty miles on each side of said line, to aid in the construction and maintenance of the road, in the way of timber, stone, lime and fuel; and if the company complete said road between said points within six years from date, its right to the public land within said reservation shall become absolute. SEC. 4. Said company shall have the right to vary the guage of said road and branches in Texas, so as to correspond with the unifo rm guage fiom Cairo, without impairing the right of said company to the benefits granted to other railroads by the general laws of Texas, which shall include the right of constructing and operating telegraph lines along said road and branches; of building the necessary switches, turn-outs, stations, machine shops; of purchasing, selling and disposing of lands; of acquiring and using wharves and depots and wlarf privileges; of establishing and maintaining all the necessary agents to carry on their business, and exercising id Texas all the grants and franchises which shall be conceded by Congress and the Mexican government in aid of the great work of constructing an International Pacific Railroad from Cairo to the Pacific ocean. It was so referred. On motion the rules were suspended to receive the report of the special committee appointed to inquire into the murder of Captain D. M. Hart, by the rebels, with accompanying declaration. Iton. E. J. DAVIS, President of the Convention: AUSTIN, August 21, SIR: The special committee appointed to " investigate the circumstances of the murder of Captain Martin D. Hart, of Hunt county, during the rebellion, and to report the same to this Convention, with suitable resolutions," have discharged their duties in the premises, and beg leave to report herewith the testimony of Wm. H. Graham, Sergeant-at-Arms of this Convention, and a gentleman who surrendered with Captain Hunt, as giving full details of the circumstances of the murder, and which is the only evidence, outside of mere hearsay, that the committee could obtain. The committee also report herewith a preamble and resolutions which they respectfully recommend be adopted. The committee do not deem it necessary to comment upon the horrible murder of Captain Hart. Let the facts, as detailed by the eye-witness, and which, we doubt.not, can be fully confirmed by the

17 830 RECONSTRUCTION CONVENTION JOURNAL. testimony of other living eye-witnesses, suggest their own comments. We would state, however, that Captain Hart was a highly respected and honored citizen of his section, and, before the war, had enjoyed the honor of serving his fellow-citizens in the legislative councils of our State; and that we deem it proper that the loyal people of Texas; whose true friend he was until his death, should pay a tribute of respect to his memory, and tender to his bereaved family and friiends their sympathies. Very respectfully, A. M. BRYANT, Chairman. RESOLUTIONS. WHEREAS, Hon. Martin D. Hart, of Hunt county, Texas, Captain of Company A, First Texas Cavalry, U. S. A., was, on the twentyfirst day of January, 1863, at or near Fort Smith, Arkansas, most foully murdered by a company of rebel officers and men, for no other crime than his loyalty to his government; thereefre, be it Resolved, That in the death of Captain Hart the loyal people of Texas lost a true and tried friend, and the people of his immediate section an honorable and much respected citizen. Resolved, That the loyal people of Texas deeply sympathize with the bereaved widow and children and relatives of the deceased; and, in behalf of the loyal people, we hereby offer our condolence in their sad bereavement. Resolved, That a copy of these resolutions, signed by the President and Secretary, be forwarded to Mr. Hart, at Greenville, Hunt county. Texas. Mr. Caldwell moved a suspension of rules to consider the declaration. Declaration read a second time and agreed to. Mr. Bryant of Grayson moved a further suspension of the rules to put declaration on its passage. Declaration read third time and passed. Mr. Caldwell moved a suspension of the rules to take up the following resolution: WHEREAS, There is no jail in the county of Montgomery, and the employment of guards for prisoners is bankrupting said county; therefore,

18 RECONSTRUCTION CONVENTION JOURNAL. 881 Be it declared by the people of Texas in Convention assembled. That the Commanding General of the Fifth Military District of the United States be, and he is hereby respectfully requested, to relinquish the State taxes for the year 1867 not yet collected, and the taxes for the year 1868, to the said county of Montgomery, for the purpose of erecting a jail. Declaration read and agreed to. Mr. Caldwell moved a further suspension of the rules to put declaration on its passage. Declaration read third time and passed. Mr. Smith of Galveston, offered the following declaration: DECLARATION. Be it declared by the people of Texas in Convention assezbled: That John C. Watrous, District Judge of the United States District Court of the Eastern District of the State of Texas, has been requested by the State of Texas to resign, and has been unanimously re ommended to be impeached for high crimes and misdemeanors by the Judiciary Committee of the United States House of Representatives of the Thirty-fourth and Thirty-sixth Congress of the United States, it is, therefore, the sense of this Convention, in vindicating the purity of the Bench, as well as in the maintenance of the integrity of the judicial officers of Texas, that it is the duty of Congress to again investigate the grave charges made against John C. Watrous, with a view to their final disposition. Mr. Varnell moved the rejection of the declaration. Upon which the yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell, Bledsoe, Board, Boyd, Bryant of Grayson, Buffington, Burnett, Caldwell, Carter, Cole, Constant, Fayle, Flanagan, W. Flanagan, Fleming, Foster, Gaston, Goddin, Hamilton of Travis, Harris, Harn, Hunt, Johnson of Calhoun, Jordan, Keigwin, Kirk, Leib, Lindsay, Long, Mackey, McCormick, Morse, Mundine, Munroe, Pedigo, Phillips of San Augustine, Phillips of Wharton, Rogers, Slaughter, Smith of Marion, Stockbridge, Talbot, Thomas, Varnell, Vaughan, Whitmore, Wilson of Brazoria, Wilson of Milam, Wright

19 ~f~el:~;~13je~i~~`u3t~~i~ TON "~~it~ Nays--Messrs. President, Curtis, Johnson of Harrison. Kendal, Lippard, McWashington, Newcomb, Oaks, Patten, Ruby, Smith of Galveston, Williams-12. So the Convention rejected the declaration. Mr. Davis of Nueces called up the report of the special committee appointed to report upon the communication and declaration laid before the Convention by his Excellency ex-governor E. M. Pease.* Mr. Burnett moved that the substitute for the first clause of the declaration reported by the majority of the committee be laid upon the table. Upon which the yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell, Boyd, Bryant of Grayson, Buffington, Burnett, Flanagan, W. Flanagan, Fleming, Gaston, Hamilton of Travis, Harris, Harn, Johnson of Harrison, Kealy, Keigwin, Kirk, Lindsay, Morse, Munroe, Phillips of San Augustine, Posey, Rogers, Smith of Galveston, Stockbridge, Thomlls Varnell, Vaughan, Wilson of Brazoria, Wright-31. Nays-Messrs. President, Bledsoe, Bryant of Harris, Butler, Caldwell, Carter, Constant, Curtis, Fayle, Foster, Goddin, Hunt, Johnson of Calhoun, Jordan, Kendal, Leib, Mackey, McCormick, McWashington, Newcomb, Patten, Phillips of Whlarton, Riby, Slaughter, Smith of Marion, Talbot, Watrous, Whitmore, Williams, Wilson of Milam--30. So the amendment was laid upon the table. Mr. Burnett moved that the first clause of the original declaration be adopted. Upon which the yeas and nays were demanded and resulted Yeas-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bledsoe, Board, Bryant of Grayson, Buffington, Burnett, Caldwell. Constant, Fayle, Flanagan, Flanagan W., Fleming, Foster, Hamilton of Travis, Harris, Har, Johnson of Calhoun, Kealy, Kirk, Leib, Lindsay, Long, Mackey, McCormick, Morse, Mundine, Munroe, Phillips of San Augustine, Phillips of Wharton, Posey, Rogers, Smith of Galveston, Stockbridge, Thomas, Varnell, Watrous, Wilson of Brazoria, Wilson of Milam-39. Nays-Messrs. President, Bryant of Harris, Butler, Curtis, Gaston, Goddin, Hunt, Johnson of Harrison, Jordan, Kendal, Newcomb, Oaks, Pattel, Ruby,. Slaughter, Smith of Marion, Talbot, Whitmore. Wlliams, Wright-20. So the Coavention agreed to the first clause. Mr. Caldwell moved that the blank be filled by $50,000.

20 RCOONSTIUI3CTION CONVENTION JOURNAL Mr. Davis, of Nueces, offered the following aimendmant: And provided, That the State, through the Governor, shallbe authorized to terminate such lease at any time on giving six months notice, in case it should prove, on trial, that this system of lease is inexpedient, or hurtful to the interest3 of the State, or the inmates of the Penitentiary. The question recurred upon the adoption of the amendment. It was not agreed to. Mr. Munroe offered the following amendment: And the Governor shall be empowered to insert Such other terms in the contract as he may deem of interest to the State, which do not conflict with the rules herein prescribed. The amendment was adopted. The question recurred upon the adoption of the declaration. It was adopted. Mr. Burnett moved a suspension of the rules to put declaration on its passage. The declaration was passed. On motion, the Convention adjourned until to-morrow morning at 9 o'clock. CAPITOL, AUSTIN, TEXAS, August 22, Convention met pursuant to adjournment. Roll called. Quorum present. Prayer by the Chaplain. Journal of yesterday read and adopted. The president announced the business in order was section seven of the report of the Judiciary Committee,* upon the amendment to section seven, offered by -Mr. Board. Upon the adoption of the amendment, the yeas and nays were demanded and resulted Yeas-Messrs. President, Bledsoe, Board, Bryant of Grayson, Constant, Flanagan, Flaqagan W., Harris, Jordan, Mundine, Rogers, Talbot-12. Nays-Messrs. Armstrong of Jasper, Armstrong of Lamar, Bell, Bryant of Harris, Buffington, Butler, Burnett, Caldwell, Carter, *For eport see page 465.