Citation: Debates of the Texas Convention. Wm. F. Weeks, Reporter. Houston: Published by

Similar documents
Citation: Debates of the Texas Convention. Wm. F. Weeks, Reporter. Houston: Published by

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

JOURNALS OF THE CONVENTION.

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

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

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

General Convention, Assembled. H.P.H. Gammel, The Laws of Texas, , Volume 1. Austin:

Citation: Debates of the Texas Convention. Wm. F. Weeks, Reporter. Houston: Published by

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

General Convention, Assembled. H.P.H. Gammel, The Laws of Texas, , Volume 1. Austin:

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

Tarlton Constitutions (

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

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

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

Tarlton Constitutions (

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

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

APPENDIX TO CODE OF ORDINANCES USE AND MAINTENANCE OF THE CODE OF ORDINANCES

Tarlton Constitutions (

E ORNEY GENERAL OF EXAS

THE CHARTER OF THE CITY OF KEIZER, MARION COUNTY, STATE OF OREGON

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

MAY Tuesday, the 22nd day of May, 1860

Council Chamber, City of Indianapolis, June 18, Executive Department, ^ etc. Respectfully submitted,

Case 2:13-cv Document Filed in TXSD on 11/11/14 Page 1 of P

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROANOKE,

CHARTER. of the CITY OF PENDLETON

CITY COUNCIL SPECIAL MEETING

ORDINANCE NO AN ORDINANCE OF THE CITY OF SAUSALITO AMENDING CERTAIN PROVISIONS OF CHAPTERS AND OF THE SAUSALITO

The Planning and Zoning Commission met in a regular meeting with the following members present:

RACINE COUNTY BOARD EVENING SESSION. November 15, 2005

Citation: Journal of the Secession Convention of Texas Edited from the original in the

REGULAR MEETING COMMUNICATIONS FROM THE MAYOR COMMON COUNCIL OF THE CITY OF INDIANAPOLIS: November 20, 1961, at 7:30 P.M., in regular session.

Be it enacted by the Senate and House of Representatives of Massachusetts Girls State assembled that:

Rules of the Senate. 1.0 Procedural and Parliamentary Authority

NOTICE OF PROCEEDINGS CHARLES D. BEARD COMMUNITY ROOM 631 PERRY STREET DEFIANCE, OH 43512

The Mosier 2010 Charter PREAMBLE. Chapter I NAMES AND BOUNDARIES

IN THE DISTRICT COURT OF OKLAHOMA COUNTY ) ) ) ) ) ) ) ) ) COMPLAINT FOR DECLARATORY RELIEF I. THE PARTIES AND SUMMARY OF THE CLAIMS.

Tarlton Constitutions (

SPECIAL MEETING. Which motion prevailed. The Common Council of the City of Indianapolis met in the

RECORD OF MOTIONS AND VOTES PUBLISHED BY THE AUTHORITY OF THE CITY COUNCIL OF BLOOMINGTON, ILLINOIS MONDAY, SEPTEMBER 14, 2015; 7:00 P.M.

A contentious election: How the aftermath is impacting education

How To Conduct A Meeting:

Case 0:17-cr BB Document 125 Entered on FLSD Docket 05/23/2018 Page 1 of 5 UNITED STATES DISTRICT CO URT SOUTHERN DISTRICT OF FLORIDA

The following members of the Board were absent: Also present:

Franklin D. Roosevelt. Papers Pertaining to the. Campaign of 1924

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

BYLAWS OF. (A Corporation Not For Profit) may be held at such places within the State of Florida, County of

TOWN COUNCIL RULES TOWN OF GRAY RULES OF THE GRAY TOWN COUNCIL CHAPTER 602 ADOPTED ON MARCH 19, Amendments to the Rules of the Gray Town Council

IN THE SENATE OF THE UNITED STATES. DECEMBER 11), lsiw.

COMMENTARY. This commentary sets out the details of our consideration of the bill and the major issues we addressed.

the purpose of framing a constitution for the State of Texas. Austin: Miner & Cruger, printers to the

HEARING COMMITTEE CHAIRPERSON/CLERK MANUAL OF THE YMCA TEXAS YOUTH LEGISLATURE

ORDINANCE NO. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LE ROY THIS 20th DAY OF June, Voting "Nay" 0

The 2008 Florida Statutes

AN ORDINANCE REGULATING THE USE OF FIREWORKS IN THE UNINCORPORATED AREA OF STANISLAUS COUNTY

Citizens Guide to Proposed 2011 Lakewood Charter Changes

HORNBROOK COMMUNITY SERVICES DISTRICT Board of Directors Policy and Procedure Manual

TEMPORARY RULES OF THE SENATE 90 TH LEGISLATURE

PERMANENT RULES OF ORDER FOR THE JURISDICTIONAL ASSEMBLY OF HEADQUARTERS ECCLESIASTICAL JURISDICTION CHURCH OF GOD IN CHRIST, INC

No ' VICTORIA. Sess. VIII. No. XYI.

RAILROAD MORTGAGES RIGHTS OF CERTIFICATE HOLDERS PRIORITY CONSTITUTIONAL LAW INVASION OF VESTED RIGHT IMPAIRING OBLIGATION OF CONTRACT.

Harnett County Board of Commissioners. Special Session. Tuesday, January 15, :00 am

Small Claims rules are covered in:

REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS DECEMBER 20, 1999

Illinois. Civil and Criminal Penalties for False Claims or Statements

SEC. 3. CIVILDAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN INFORMATION; NOTIFICATION OFUNLAWFULINSPECTION OR DISCLOSURE.

AN ORDINANCE :

ATTORNEYS AT LAW 20 GRANT STREET P.O.BOX188 CRYSTAL LAKE, ILLINOIS

RULE 7.5: FIRM NAMES AND LETTERHEADS

Citation: Debates of the Texas Convention. Wm. F. Weeks, Reporter. Houston: Published by

THEAITORNEYGENE~L Q,FTEXAS

CHARTER OF THE CITY OF MT. HEALTHY, OHIO ARTICLE I INCORPORATION, POWERS, AND FORM OF GOVERNMENT

Publication Title: Case Files of Applications from Former Confederates for Presidential Pardons ("Amnesty Papers"),

City of Tolleson, Arizona. City Council Rules of Procedure 2011

('11 J ) W\f 0IY1 d. Bvnq ~~~.Q-r) ~(fy\

CITY OF PROSSER, WASHINGTON AGENDA BILL. Contact Person: Elia Lara

RULES GENERAL ASSEMBLY

Document:- A/CN.4/159/Add.1

MINUTES FOR VILLAGE OF PINGREE GROVE BOARD OF TRUSTEES MEETING Village Hall, 14N042 Reinking Rd, Pingree Grove, IL 60140

United States. The governor shall reside in said Territory, shall be the commander-in-chief of the militia thereof, shall perform the duties and

STAFF REPORT SAUSALITO CITY COUNCIL

MINUTES of REGULAR MEETING of the BOARD of COMMISSIONERS of the CITY of BOWLING GREEN, KENTUCKY held FEBRUARY 5, 5

Friday, July Fourth, A. D This being the day recommended by the President ofthe'republic of Texas, in his Proclamation bearing date the fifth

AMENDMENT NO.llll Purpose: To amend the False Claims Act. Calendar No.lll S To amend the False Claims Act.

AGENDA MEMORANDUM. Item #12. Meeting Date: September 16, 2014

_ ZZC<:'-:oc,F,Deu.:tt t Ca son, Colurnhid Coun ty 8: 1043 P:1ZS:

Omnibus water bill-construction.

Promoting Second Chances: HR and Criminal Records

ORDINANCE NUMBER 1279

BERMUDA BERMUDA ECONOMIC DEVELOPMENT CORPORATION ACT : 33

University of Oklahoma College of Law Digital Commons. American Indian and Alaskan Native Documents in the Congressional Serial Set:

ITEM R0903 Attachment 6 Page 1

JOINT RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE OF THE YMCA TEXAS YOUTH LEGISLATURE

Cornell University ILR School. Retail and Education Collective Bargaining Agreements - U.S. Department of Labor

ELECTION AND CAMPAIGN RULES Boston Teachers Union Local 66

Transcription:

Citation: Debates of the Texas Convention. Wm. F. Weeks, Reporter. Houston: Published by J.W.Cruger, 1846. 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 rarebooks@law.utexas.edu. If you are uncertain whether you need permission to use these materials, please contact us at rarebooks@law.utexas.edu.

703 Saturday Morning, Atg. 23, 1845. The Convention met pursuant to adjournment and was opened with prayer by the Chaplain. Mr. Lipscomb, from the special cotmmittee, made the following re. port: To the Hon. T.... RvK, President of the Convention: Committee Room, Atrgust 20, 1845. The select committee to wtoin was rdf,.rred an ordinance on the su6b ject of contracts for settlmn colonies made with the governrmen: of 1'T x- as, also the substitute as am', nded by the Convention for the 21st s c. tion of the General Provisions. and the subslitute offered and several tesolutions in r-hlation to the subj cl.t.have had the same under conside. ration, and in obtdience to the instructions given, twb Ilave It r< poit that this committee would respectfilly roeominend that the 21.t seciion of the General Provisionsnnd the substitute and amendnl-nts thef r to, and the one offlrtr-d be rejected: and thy-v r, comnmtend the adoption of ith separate ordinance he.retofore reported in lieu of the same. All of which is submitted. ABNER S. ITPSCOO.,. Chairman of Select Conmmittee ORDINANCE. Whseari, various contracts have been entered into ty the Presidr'rt f the Republic of Texas with divers individlul!s, with the xplesed intention of colonizing an enormous.amount of the public dolmain oft 1 Texas; and Wherens 'it is believed that sail contracts are uncorntitnntiea nd I therefore void from the beginning, and in their operittts, if'ctrritd out, woild operate as a monopoly of upward ofsey"n millions of fcr I of the public donmai of exas- in the handsiv a few indiifltals, 'wh n in truth the citizen soldiers and creditors of the R. public of Texas, had. by the lats and constitution of said republic, a cltnir,nred indisputible previously subsisting right to locate uppn the public domiain thus attempted to be assigned to said contractor; ther«fore, It i bereby ordained nnd deelared. That it bhall he the duty of the Attorney.General of this Stte, or the distlict Attorney of the district i in which say portion of the colonies may be situate, as soon a thti orf y} g,porio o. thef co

704 ganization of the State sall be completed, to institte legal proceedings against all colony contractors who have entered into contracts with the President of Texas, and if upon such investigation, it should be found that any such contract was unconstitutional or illegal in its inception, or that the cor.dilioaosof thue same had not been complied. with according to its ternes, such coattract shall be adjudged and decreed null and void: provided, however, t hat all actual settlers under any such contract shall be entitled to their quanrtit" of land as colonists, not to exceed six hundred and forty acres to the head of a family, and three hundred and twenty acres to a single man. And iu all such suits brought by or against any contractor, it shall be latvful for the adverse ctar;mant to set forth any plea that it would have been competent for the State to plead, and the party may introduce testimony to prove the claim or title to have been torfeittd, as well for frauds or illegality or unconstitutionalitv in its inception, on account of a failure to comply with the conditions of the original grant or contract, and any such pleasshall be deemed good and valid ml law in all such suits in this State. And be it farther ordained, That this ordinance shall be presented to tthe people thr their adoption or rejection at the same tine this Constitu. tion shall be present d to them,and the returnsof the votes taken on this ordinance-shall be.tade to the office of the Secretary of State of the Republic of Texas at the same tine the votes for the Constituion may be returned. On motion of Mr. Lewis, the report of the special committee and ory!dinance were taken up. 1 lmay M field offered the following as a substitute to the ordinance of k*4 special committee: S.e it rdaited, &c., That all eteeniration contract made by the Sec. i:tary of State or the President of Texas with any undertaker o ctm-o itactor for te set tenor colonization of any portion of the unappro. priated or vacant I.nds of the country, are declared voidable, and shalt e sushitded and cease from and after the adoption of this ordinance by *he people -(f To'exas nothing. however, herein ceztain d shall be con- $trted to limit or prejudice the rightslo land of any actual setler or ielonrit living within the limits of say of said colonies, and who were jtrodo:ed or emigrated undt*r the provisions ot said contracts; ptovitd alvavs, that the legislature shall have power to pass laws defining oe mri'f and manqer by which said contractors may sue or be sued ither for the purp,)se of recoeerina any imdemnity to *li ch thiey rtiy e eq`qitaiblv pentitded. and ascrtrtinit' ftheir respectinv rt hts to pit mrinqf rds, for the pturl0s of fully vacatrig atln doantuliwt ayl nod ad; f /id costrats.

705y Mr. Lipscomb offered the following amendment: '. Strilke out "or other descrlption of grantee," which would leave it to the colonization contracts-only. Mr. Loe made snm remarks a in favor of the amendment, and Messrs Wright and CuilingAham spoke in opposition to-it. Mr. Jones made some remarks not heard by the Reporter, ind continued as follows: I know sornethina about these transactions at Montclova, nnd something about these eleven learue grants. But.because there has been fraud in sone instances, would you rob those who have innbcently, adquiirel the title to their lands? Those who talk so much about these matters, in my opipioo, know very little about thpm. if t rnay jpudge from their arguments. I am unwilling, sir, for the sak8k of half a doieanindividuals who may, wish to steal lands, to bf, compelled' to establish what I carmot, that I have complied.with.all. he requiisitions of the law: Because 'it is well,known that it ivas darrgerous. and in Lict inrpra ticable to make the aurvevs required. and as to cultivating the lands. it was utterly impossible. i could perhaps, if neeessary 4 give a full and accurate history of every description of land claims. but, ol this occasion I will, osly say, that if these provisioqs or direotioos for I do. not know what to call them, shall be adopted and become a pat of thb Constitution or an ordinance, I, as an individual who have been hevr since t4e year 1822. and have horestjy acquired my lands, wil, n* vr defend any suit which may be brought agalnstime. Mioch as beei id! *nd much beatiful argume'lnt -advnce d, in relatiop to the poor tedier ' who has waded throug6 blood ard all that, and it is perhaps talelated i to FbayO a wonderful *ftect upon the members of this body. I, sirt;n fortunately, h.ave none of this tonor. I care at an early peri od, a es.uy eas ti82; I expended three-fourths of my labors (or years intd. feoing and 4irotecting my adapted country: l can say what soane geq - tlette here kinow to be the fact, that there hlave been (ew camipairis it khiqh [ lid not participate. tut unfortunately for m self, my hb'alth wa tl^uh in 36, thit I was not in the battle of San Jacinto. or any other jlaht of that period. At the sptne time I had iichw ramirnd iall th. lands which thavq acquirep, previously to t836. If it. h'ould b, the sense of the Convention to adopt a clause hike th'is, which'will sweep away my laimsk, L:b. ^i( fle!rpirfactlyit a fid an ad lgydgqo_ myselt d God ti that I will not defend one of them.. Mr. Yos^n. sald: i amt peased wvilt the canfter of the r'nlff"ema 4sat Up..H1e. iaihe fiat indiiidual, I have seen Who w Old l btropelt 4 niia batrh ow0led.i ie Iteng gien imlnijm, e 1 etli yvo that il the

-706 ordinance passes, he.fqr one will not contend for his claims. f e tells you tfiat'he'- p id his mor;ey for th-em, and he tells i'ou that' there were conditipnt attached to them. with whic h he' h, f nqd compii'! -;" becalise. re said, he' Iooked up6hn themn a trash, (i;inv of.them, a d rmany of the tn v.re disagreeabl, and he Vwould not comply witithem. Noow he ccontie4ds that he is willing to place his claims at issue urrler fhe la; 's of the Republic:. and if,e is able to find a law wfulch wil o6td't p ca lai r -whe n'it goes beyond A leage, and labor, hti has seen w.hat I have pot. He insiss that yoe shall not plhce the artu;ll.fstll.r upon the shme footing that he himself is. After having declared that he himnself had not,col.nplied witr the conditions and' restrictions annexed to his. grant, he asks that he may'be Ilac, d above the ciizens who nay chance to.etile upon 1 it. ak if this isjusi? It isnot ny object, nor that of introducing this sect4en to'interfere with any just and genuine claim. I is not the init n. trn to 'int'r.fere wivtt clai'lns amounting pei haps to four leaguels for ser-. rvces renderi d. As far as they are concerned, I have no oljction to 'leaving them out of theqies' ion ' Bt in relation to these elevern lea uges, 'where they were granted fort t0 dollars a league, I do contend for q ritid performance of the conditiois, or that they shall' revert back to the State... Mr. Joars said: Thegentema.n confirms mf in the opinion I have expressed, th: t those who hdive said the r'ost. about these natters, krip\v the least. -sy' theta clauinswre lpurchased for 200 dollals, I May. sit, without fear- of contradiction, that 'the governnmnt received much uoip'-for thesecli;amir. ivish it to be understood tlvt the legistlnre.of Goahu'il and Texas, th.e govcrntment'b ing' short of flmds, nu- ' thorizgdthe'oovprhnor ofihes ate.to sel to Meticari born citiz.ns ceital n q,$andtites of land foi the purpros of taising a reve nue. ''he'cl'iim whic h jiti hld'ishit a(t phrt of an'elevetn afl ue cla.im ;: jt was p rc-has d of the cilt' n w"h o receitved'the grant afnd paid thle govern'mnt an nnioutnt i wihich was satistietory therefir. There may be certain conditions X.ti5hbh h 4 eay at been tnomptied with: but the cnditions are such *as ap spltyto 'Oery$'rnt of lail nmade 'fritr 1S22 to 1836. i 'siy agait. [ fel cetrttin that'there is not one inditiduar who-has eo'rpli:d withi all I the coraditions of hfs c intract. M:ny of them. wre notsensi.al, and 'srwith somif it was mttery irnr.o.sible to'omnply. In mtnin pnts onfth WtuiootrV not af rock.ws tl, be found for Milvs,,and one of ti;e conditins reqiiired the throwing of roeks,.the pulling ol grtss, &c., i ^ 1 t 'rhr a"ifyl andnoe's wore Oilea upqn, the amcndeient, tadeod as Z 40 folows;: Ir to Wt -. ;I :.Aves.--Mesrrs..Preident, And,'rsorn Bayor. BaehP; ]rnsharl Brown, ;i<:ublell- CazneaIn, Clatk' Ctmueky Dhant 1 Eveis, F$Ob's, ditgev, $lwettretnd i. HiLtkmS H pkn, blsritn.pswa.rditla. thni!an, Jtt t, JuuesLove, Lualpkin, Ltusk, ipsctab, May fild,4cgowun, 'a

70J7 Miller, Navarro, Parker, Power, Rains, Ruhnils, Scott, Standefer, OThiltree and V'an Zandt-41.. Noes--IM ssrs. Ar mstrrong of R., Bigbv, Burroughs, Cunrinin.gham, Ev1,ns. Ltirrmer of L., Ljim,,er oi'. R,, Ltwis, M,'NeilNi Sinyth, \ hile, WIight and Young-'13. So the amrnnd ilent was adopted.. The question was then taken on the substitute of Mr. Mavfield. Upon which the ayes and noes were called, and stood as follows: Av s--messrs Anderson, Armstron, of R.,' Baylor, Bujrrouh!, C ldw-.ll. Clau k, Furb s Hortoi,, Ilintll r, Jevett, LatSim r o! L.. L timrr of R It. L,*vt, Miyfield, McNeil, Miller, Runnels, Ochiltlee; Van' Z.,,ilt and WVtite-20. ' Nos--M ^ssrs Presidnt, Bache, Bagbv, Brashear, Broutn. Clnnirghart, Clney, D rn ll, Evans, Evelts, -Gdag, H. n'nlirson, Hirks, Hourg. fiowaivd, Holla,,d, I lon, Jones, Lewis.' Lnipkin, Lips o,,ti' McG(ow;&t, N ivarro, P;, ker. Power, Ralos, Scott, Smyth, Standefer 1 Trrrant, Wri ht and Young-32. '. ; So the substitute was rej,.cted. Mr. Mayfield thiln offered th6 following substitute:,. The I.gislauure shall, qt its first.session, pass laws providiw the, mode an' mnanner by which all colonizmtion contracts ht 'itofore nrade by the Secret.iry of Statei or Piesident of the Republic of ''eas with any uodertaker or coniratctof for the settlenment or caloriization of any of the vacant or unioptlopriated lanois of Texas, as well (dn accoiot of thir unconstilu;ionaliiy, illegality, fraud or nbn-ptr'fotimince of, aid contracts, shall be vacated and fully alnnulll, and o. e.xtunding to Uanypf the said contractors the premium Lt.nds anid righis to which th, 'v Iiay hdve b'een equitably entitled, but no laws That bl pass d'tlitining or peiji. jiidling the ri,.hlts of thos$ whto nmav, hiave enitgratled or st, tiled witn'ht said colonies by Virtle ofsaid contracts io the qiaantum of lartds to which iq such enlirianlt or settler may havt been entitltd. Mr. Ochiltiee moved to amend, bvy insetting aftef.the word 'Legislature,"' the words "if they deeiil it necessary." Which was carried, The President of the Convention announerd tha.the had on his table a ;*)mrnu :ication trom th tchiel jiustice of.montgomery county, nenlosing a certificate of the election of Charles B. Stewart, as Depuly to the ConR vntion fronm said county, which w.as read by the secretary, aud ordertd : to be laid on the table. On motion of Mr. Rusk, the proviso'to the ordinance treportd by"the

708 special committee on the eubject of colonization contracts.was stricken out. Mr. Van Zandt moved to adjourn until 4 o'clock, P. M. Lost. The last substitute offered by Mr. Mayfield was then taken up. On motion of Mr. Forbes, a call of the House was made; and, On motion of Mr. Young, a further call was suspended; Mr.' Mayfield moved to adjouro until 4. o'clock, P. M. Motion lost. On motion of Mr. Mayfield, a call of the House was made. On. potion of IMr Young, a further call was dispensed with. Mr. Mayfield then moved to adjourn until 4 o'clock, p. x. Lost. On motionof Mr. Mayfield, a call of the House was filade.. On motion of Mr. Ochiltree, the Sergeant-at-Arms was despacthed for, ibsent members..m. Henderson moved to adjourn until 3 o'clock, p. x. Mr. Howard mo.ved to suspend a further call ofthe.house. Mr. Hunter moved to adjourn until 4 o'clock,. M. Lost, Lost Lost. ThW absent members having appeared, the ayes and noes were called, oh the substitute of Mr. Mayfield, and stood thus: Ayes-:-Messrs. Andersot, Baylor, Caldwell, Caznoau,.Clark, Eans'.Horton, Hunter, Jewett, LIsk, Mayfield, NMcNeil, Runnels, Tarrant, ; O)chltree, Van Zandi and White--16. $ Toes -Messrs. President, Armstrong of R, Bach, Batby, Brashear, Brown, Bltrroughs. Cunningham. Cuney. Darnell, Everts, Forbes, 0:Gge, ernderstn,.hicks, Hogg, Howard, Holland, [iion, Latimer of i'r HR, Lewis, Lumpkin. Lipscoihb; McGowan, Miller, Navarro, Pow;' t erp Rains, fcott, inyth, Standefer, Wright and Young-34. ' So the shbstitute was rejected.?- Mr. Caldwetl mohed to insrrithe word "such" before the word "suits," in the ordinance reported by the special committee. - : On nlotion of Mr. Gage, the vword * Republic" was inserted before K Qie word.ttxas,"so as to read "President of the Republ4c of Texas." i: Mr. Evans moved to strike out the last section of the Ordinance. & Upon which the ayes and noes were called, and are as follows: Ayes-Messrs. Baylor, Caldwell, Cazneau, Evans, Hunter, Latimer A f 1., Mayfield, McNeill, Navarro, Ruanels and Tarrant-l 1. i "S..,. '1'.

709 Noes -`Messrs. President, Armstrong of R., Bache, Bagby, Brashear, Brown, Burroughs, Clark, Cunningham, Cuney, Darnell, Evertu, Fdrbes, Gage, Henderson, Hicks, Hog, Horton, Howard, Holland, Irion, Jewett, Latimr 'of R. R, Lwis Lumpkin. Lusk, Lipscomb, McGowan, Miller, Power, Rains, Scott, Smyth, Standeferf,Ochiltree, Van Zandt, White and Young-38. Sq the amendment was lost. On motion of Mr. Evans, the words "ofthe Republic of Texas" were inserted after the words"secretary of State." Mr. Evans moved to insert the words "and that this Ordinance become a part of the Convention of the Slate of Texas.' Upon which the ayes and noes were called, and stood as follows: Ayes-Messrs. Anderson, Armstrong of R., Baylor, Caldwell, ievans, Howard, Hunter, Jewett, Latinler of L. Latimer of R. R., Lumpkin, Lipscomb, imayfield, MCNeil, Runnels, Tarrant, White and Young-18., Noes-Messrs. President, Bache, Bagby, Brashear, Brown, Burroughs, Clark, Cunningham, Cuney, Dirrnell, Everts, Folbts, Gage, Henderson, Hicks, Hogg, Horton, Holland, Irion, L*wis, Lusk, Mc- Gpwan, Miller, Navarro, Power, Rains, Scott, Smyth, Standeler, Ochiltree and Van Z;ndt-31. So the amendment was rejected. Mr. Mayfield moved to amend by inserting the following: * And atl said contracts shall be suspended and cease from and afterl the institution ofany suit or suits provided fur by this Oidinuna until : the final decision and adjudication of the same." ^ / Upon which the ayes and noes were.called, and stood as f0ol1o: j ; Ayes-Messrs. Baylor, Caldwpll, Clhrk, Hort'on, Hnttet'. Jeettw : Mayfield,McNeil, Tarrant, Van Zmlndt and White-- 1. Noei-Messrs. President. Anderson, Armstrong of R., Bache, Br- ' shear, Brown, Burrolghs, Cunninghnfn, Cuney, Darnell, Evars. Eveits, Forbes, Gage,,lendtrson, Hicks, Ho R,. Howaid, Holland, It ion, tatimer of L, Lalimer of R. R., Lewis, Lumnpkin Lusk, Lipst'ontb, iac ; Qrowan, Millpr, Navarro, Power, Raina. Scott, SayLth, $tlandefe, Wright and Young-36. So the amendment was rejected. TPhe qtetmlt w then n ke eone ted ptire of l-h ordinace tepvr A ed by the special committee.,

Upon which the ayes and noes were called, and stood as foltows: Aves-Mesdrs. President. Bagbv, Brashoear, Burrouo ha,. C;IldweII, Cilnyv, D,'nfl11, Everts, Forhes. Gage, Hl'nderson, H 1, ks E3ogg, toward, EH.Illnd, Irion, Levis, Lrnmpkil, Lusk, Lip. eomh. Mic Gowan, Miller, N;:varro, O.hiltree, Power, Rains, Scott, Smylh. Slandefer, Wright and Young-31. Noes-Messrs. Anderson, Arristronar of R, Bavlnr,Bache, Brown, C;IzuIr'au, Clark, C(uningha;i(, Evanls, Hotlon. Eluntir. Jewett. ltat. imer ofl,,l tinerof R I., Mayfiell, McNeil, Runitels, Tarrant, Van Zandt and White-20. So the ordinance was adopted. The question was then taken on the engrossment, and carried. On motion of Mr. Van Zandt; the report of the committee on Gener. al Provisions was taken up. Mr. Mayfield moved the same be read; Lost. Mr. Mayfield moved to adjourn until 5 o'clock P. s. Lost. Mr. Mayfield moved that the General Provisions be read. Motion lost. Mr. Anderson moved to adjourn until half past 4 o'clockt P. M. Mi r. Anderson then moved that the General Provisions be read. H Thl Clhir decided the rnotion to be out of bider as the question had t bee taken on -the same motion. :;:Mr CGnage appealed froin the decision of the Chair. ' Which appeal was lost, and the chair sustained. The qiestion was then taken on the engrossment of the General Pro- -isiots, and carl ied. Mayfield moaed to adjourn until half past 8 o'clock Monday morn,, Lost. t GiOn motion of - Mr. Howard, the Convention adjourned until five tclebek, p. xm, '* '. I

714 The Convention met pursunnt to adjournment. Roll called-q.lorum present. -i r. Ochiltree offered the following resolution: 5 o'clock, v. M, Resolved, That the business not directly connected with the formalion of the constitution and Ihe piss-nae o the ordinance dirtctirng th chanoitin of the govetrnment, shall be postpond utrtil the con titultion shall be finally p ssed and signed bythe mtmbers of this convention. Oa motion of Mr. Young, the rule was suspended, and the resolution adopted. Mr. Everts moved to take up the ordinace in relation to the formation of an election precinct. The President decided the motion to be out of order, as it was not in accordance with the iesolution of Mr. Ochiltree just adopted. From w hich decision Mr. Eveits appealed,, and the chair,was sustained. Qn mnotion of Mr. Hunter, the Convention took up the ORDERS OF THE DAY. Mr. M Ivfifll mrovpd that th" report of the Judiciary committee, g relation to fraudulent land certificates, be first taken up,. Which motion was lost. ' Mr. C:;ineau moved to take up the report of the committee. state of the nation. Upon which the ayes and noes were calleda and stood thus;: Ayes-Messrs President. Armstron of R, Baylor, CaldwI11, Caz ' noau,.dirnell, Evans, Eveitls. Gtti, Horton, tlion, iewett, Mayfield, Navarro, Tarrant and Wright-16. Noes-VMissrs 'BahpBa h;thty, BarashPar, Butrrnouhs. Clark, Conninrharrr, Henders(.m Hiek, HIowa, ld, 'HFlolind Hntr, L'Atin.,r of 1,.' L, wis, Ltvf., Lumlpkin, Lurk, Lips omb, 'MGowan. M':Neit,; P trker, Ra;ins, Rnnels,Scoltt, Sinth, btandeler, Ochilltree Whitu atisd i? AdnS o* m ; t o J s, 1 8o tlea moti0o ws NW. n»iw., " ' /, -*:w / ; ; tbkh

712 On motion of Mr. Lewis, the report of the committee on education was taken up. Mr. M:hyfield offered thefollowing amendment as an addition to the 3d section: Andtall lands which may hereafter be declared vacant, either by the courts of this state, the federal or supreme courts of the United States, lying either within the limits of any colonization contracts as specified in the sarne, after applying the procceeds ther-of to the payment of the debts and Ii ibilities for money or land ofthe Republic of Texas as the legislature may direct, the one hall the residue ther of shall be applied to the support and maintenance of free common schools, reserving at all times ti thecontractor his just quantum of premium lands, and to the actual settler the full quantity to which he may bejustly entitled. Mr. Evans moved to strike out that portion applying the proceeds to the payment of the debts and liabilities of the Republic of Texas. Which motion was lost. Mr. Young moved to strike out that portion reserving to the contractors their premium lands.. Lot. Theayes and noes were then called on the adoption of Mr. Mayfield's amendment, and atood thus; t Ayes-Messrs. Armttrortg of R., Baylor, Caldwell, Caaneau, Clark, Jvans, Everts, Horton, Hunter, Jewett, Lewis, Mayfield, McGowan, rt isnat and White-15. '' Nopes-Messrs. President, Rache, Bagby, Sras-ear, Burr'oughs, Iunnp hsr^n, Cuney, Goige [lilcks. ogg, lrion,latimer of L..- Latimer f tf' R., IovP, L'lrnpkin, Lipscomh, McNeil, Navarro, Patker, Porer, ains. Scott, Smvth, Standefer, Ociiltree, Wright and Young-27. 1 so the amendment was rejected. Mr. Young moved tbe pre'ioas quettin. Which motion prevailed. The rinin qestion bdhg: thfe aiptin of twad setion of th vqrt bfthe comninite on ucatation wrsa cried,and teettetipn 4opp.; Q0n matiou, the'report was ordered to be engrosed. Lravo ofabsence was granted t Meosrs. m. ander of the session. Evertcl a[f flopirjpt O moion of Mr. Young; the,kcbedle w udtlerl'" e t 6:,-: vb'',..',,.r,

7t1s Mr. Ochiltree moved to fill the blank in the 1stsection with the tords time of the adoption' of this constitution by tho Congress oftihe tniled States.". On motion of Mr. Mavfield, the Convention adjourned untilhalf pait 8 o'clock, Monday morning. The Convention met pursuant to adjournment. Prayer by the Chaplain. Mouday morning, Augvst 55, 1845. The speial committee (W. B OchiltreersbairMpn) appointedu. pervise and make.grammltical and other carrections to the djffertentartic les of tho constitusion; rep.(rted co(i eetions upon thu Gene ral provi siqt8s, Elducation, Slavss and Impeachiient. Mr. Stand'fer off red the (ollo ing additionil section to the- General Provisions, to come in between 23d,nd 24th ; sections: ' / ' ' The slaries ofthe Governor ahd th.julgd.es8of ihefuprenme and district courts are h.r-'hy fixedat the. mininlu;li Y'stablisht& in the c.ustitution, and shall not be increased foj ten.yeals: ' ' On motion,of Mr. Hogg, the rule was suspendfd and t he 8 adnlicn' i section adoptad as one ofthle sections of the Goneial Pioviiisits ' Qn nmtion of Mr. lortonthec hairrmtan iot;printing wrs rt:, oisd to reiploy.,:gqrge Fjsher for t.he plrpose of.t fiat»lisig»:o :tts iltb i t Glnguag, the constitultipnojf th.e state, at two oiliass per P'ae; 'On motion bf. Mlr Yoin_^, the t* port of the rrvising sovrmi'p*,e rs talen ]up.and the vatiu] eorretions to dte GeneiaJ Gi Pfovzi:in and Ed: uatlion, were adopt d by the conven'ion.. Or motion of Mr. Andersop, the General Provislons wre re ved *C,. tion by section.. i AMr. UiunrianghFtm moved to strirkefo^t theaih $;'A tont, ptfliptisg thgt Sil'atoipetybtlh rril and perbhal^li, oft,.e.il wilf, )p^,'tda r C,; o1,o Q: i- ',i,,,,'x~4o~r ;"iagi a l;d, tai.' q;, tin. d~.n,.a,~i,; b g44d4,,va:,4 ad: T, t inorc.,i tre,i* uer thi~uigiatr of.i.trl, 't,, ais V, oth J on 10 ni ed e,8p' h t PrnT o ltd "... F d ir * @A..1. ; r ' 'i * ~~~~~~~~~~~~~~~ K~~~~~~~~ ' 0 "