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Ordinances and Decrees of the Consultation, 1836

Ordinances and Decrees of the Consultation, Provisional Government of Texas and the Convention which Assembled at Washington, March 1, 1836
H.P.N. Gamel, The Laws of Texas, 1822-1897, Volume 1
Austin: The Gammel Book Company, 1898, pp. 902-1060

Back to The Declaration with Plan and Powers of the Provisional Government of Texas (1836)


Table of Contents

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Cover Page
Declaration of the People of Texas in General Convention Assembled
Plans and Powers of the Provisional Government of Texas
Of the Military
Convention Delegates
Ordinances - November, 1835
Ordinances - December 1- 6, 1835
Ordinance creating a general post office department - December 7, 1835
Ordinances - December 8-10, 1835
Resolution for calling a convention - December 10,1835
Ordinances - December 12-29, 1835
Ordinances - December 29-31, 1835
Ordinances - January 1-22,1836
Executive ordinance passed on March 16, 1836
Index to ordinances and decrees of the provisional government of Texas

Cover Page

TOP^
Declaration of the People of Texas in General Convention Assembled TOP^
    Dissolution of compact between Mexico and Texas  
    Withdrawal from Union and establishment of independent state  
    Expenses and debts  
    Land grants to volunteers  
Plan and Powers of the Provisional Government of Texas TOP^
    Article I - creation of provisional government  
    Article II - role of lieutenant-governor  
    Article III - duties and powers of general council  
    Article III - ability of council to contract for loans and impose duties  
    Article III - establishment of post offices  
    Article IV - powers of governor as commander-in-chief  
    Article V - appointment of provisional judiciary  
    Article VI - duties of judges; reference to Civil Code of Louisiana  
    Article VII - provision for trial by jury, reference to common law of England  
    Article VIII - appointment of officers of provisional government  
    Article IX - signing of commission, pardons, and remissions of fines  
    Article X - oath of office  
    Article XI - charges against officers of provisional government  
    Article XII - assumption of duties by governor and council  
    Article XIII - appointment of treasurer  
    Article XIV - matters in connection with land offices  
    Article XV - laws on colonization and other emigration laws  
    Article XVI - authority of governor and council  
    Article XVII - adjournment of Convention  
    Article XVIII - nullification of grants made by States of Coahuila and Texas  
    Article XIX - forfeiture of land by persons leaving country  
     Article XXI - powers of governor and council to carry out resolutions
Of the Military TOP^
     Article I - creation of regular army  
     Article II - commander-in-chief of regular army  
     Article III - appointment of commander-in-chief  
     Article IV - orders applicable to commander-in-chief
     Article V - designation and appointment of staff of regular army  
     Article VI - members of and volunteers in regular army  
     Article VII - application of rules and regulations applicable to US army  
     Article VIII - number of members of regular army  
     Article IX - creation of corps of rangers  
     Article X - organization of militia  
     Article XI - election of officers  
     Article XII - certification and commission of officers; creation of companies and regiments  
Convention delegates TOP^

Ordinances - November 1835

TOP^
     Matters concerning election of delegates
::List of Supplies
::Appointment of contractor
     Approving the appointment of Lt. Bonnill  
     Regulating offices of provisional government  
::Separation of executive, legislative and judicial departments
::Appointment of contractor
     Declaring mode of passing, signing, and publishing materials of provisional government  
     Authorizing certain officers to administer the oath of office  
     Authorizing borrowing of money  
     Prescribing the manner and form of settling accounts of volunteer army  
     Establishing corps of rangers  
     Raising a regular army  
::Separation of executive, legislative and judicial departments
::Appointment of contractor
     Granting of letters of marque and reprisal  
::Authorization of vessels to make war upon all Mexican vessels
::Allocation of prizes captured from Mexican vessels
     Appointing a treasurer, secretary and clerks
::Compensation of said officers
     Establishing a navy
::Components of navy - equipment and men
     Regulating the militia
::Duty to serve
::Election of militia officers
::Composition of companies and regiments
::Regular muster days
::Regimental staff
     Advancing funds to benefit volunteer army
::Purchase of horses
     Appointing a commissary for army volunteers
     Appointing a commissary - supplement
     Purchasing munitions of war, provisions, arms, etc.
::List of munitions, arms, provisions, instruments, books and stationary
     Purchasing provisions for the volunteer army
     Granting of letters of marque and reprisal - supplement
::Allocation of prizes from vessel seized
     Authorizing appointment of commissioners to administer oaths
     Authorizing governor to register vessels
Ordinances - December 1- 6, 1835 TOP^
     Supplying army with money
              ::Advance of funds
     Relieving Lancelot Smithers and others
     Changing name of municipality from Bevil to Jasper
     Issuing a special commission and warrant for William Steele
              ::Authorization of arrest for refusal to obey provisional government command
     Raising a loan
              ::Authorization of bonds
     Creating Jackson municipality
     Changing manner of drawing drafts
              ::Authorization of committee of finance
     Establishing auxiliary volunteer corps to army 
              ::Components of platoons, battalions, etc.
              ::Compensation of volunteers
              ::Land grant to volunteers
              ::Land grant to heirs of volunteers
              ::Promotion within volunteer corps
              ::Regimental officers 
     Authorizing purchase of clothing for volunteer army
     Designating boundaries of Jefferson municipality
     Authorizing instructions from governor to US
              ::Instruction to effect a loan for Texas
              ::Authorization of pledge of public lands of Texas
              ::Creation of stock or funded debt
              ::Authorization of purchases of munitions for war and supplies
              ::Authorization to purchase vessels for navy
              ::Authorization to communicate with US government regarding political situation of Texas
     Appointment of contractor for volunteer army
              ::Authorization to purchase supplies
     Authorizing sending of agents to US
     Authorizing bank deposits
     Authorizing foreign agents to receive donations for Texas
     Authorizing contractor for general army to supply General Mexia
     Providing for provisions and expenses of foreign agents
     Providing for delivery of prisoners 
 
Ordinance creating a general post office department - December 7, 1835 TOP^
              ::Duties of postmaster-general
              ::Oath of postmaster-general and staff
              ::Contracts for carrying mail
              ::Persons qualified for employment and penalty for failure to comply
              ::Penalties for obstruction of passage of mail
              ::Offices of postmasters
              ::Rates and fees of postage
              ::Vessels carrying mail and payment for same
              ::Receipt of mail by unauthorized persons
              ::Unauthorized opening of mail
              ::Theft of materials entrusted to mail carriers
              ::Damage to mail or bags containing mail
              ::Unclaimed mail
              ::Delivery of newspapers through the mail
              ::Commissions awarded to postmasters
              ::Accounts maintained by postmasters and payments to postmaster-general
              ::Mail sent free of charge for officers of the government 
              ::Franking of letters
              ::Accounts maintained by postmasters and payments to postmaster-general
              ::Allocation of penalties 
              ::Provisions for delivery of letters by ship
              ::Exemption of postal employees from military service, jury duty, and work of public highways
              ::Causes if action arising under ordinance
              ::Compensation to postmaster-general
Ordinances - December 8-10, 1835 TOP^
     Purchase of flour by foreign agents  
     Appointment of commissioner  
     Relieving Bartoleme Pajes  
     Authorizing movement of officers and troops and drawing of money  
Resolution for calling a convention - December 10,1835 TOP^
              ::Sovereignty of people
              ::Duty to resist in the face of dictatorship
              ::Destruction of one constitution and formation of another
              ::Call for convention and assembly of delegates
              ::Delegates elected by people empowered to form government
              ::Judges authorized to issue writs of election
              ::Allocation of representatives among municipalities
Ordinances - December 12-29, 1835 TOP^
     Granting land to volunteers and heirs
     Imposing duties on imports and tonnage
              ::Creation of revenue districts
              ::Creation of ports of entry
     Authorization of appointment of collector for each revenue district
              ::Duties of collectors
              ::Oath of office of collectors
              ::Penalties for smuggling
              ::Entitlement of collectors to percentage of proceeds
              ::Duty of navy and military officers to assist in enforcement
              ::Authority to pay expenses
              ::Power to perform duties
              ::Imposition of duties
              ::Duties of persons importing goods
              ::Collection of cash or bonds
     Determining of seniority of rank among otherwise equal officers
     Authorizing commander-in-chief to accept auxiliary volunteers
     Authorizing treasurer to draw draft for horses purchased
     Imposing duties on imports and tonnage - supplement
              ::Rate of duty on vessels from foreign ports
              ::Rate of duty on whiskey
     Increasing bounty to soldiers of regular army
              ::Payment of sum of money to volunteers
     Appointing agent for keeping of public stores
     Creating Sabine municipality 
              ::Appointment of commissioners
              ::Election of delegates
     Sequestering and securing wreck and cargo of schooner 
              ::Call for safekeeping of Mexican prisoners
     Augmenting regular army by creating cavalry legion
              ::Composition of cavalry
              ::Armaments and uniforms of cavalry members
              ::Foreign agents authorized to purchase supplies
              ::Payment of members of cavalry
              ::Appointment of officers
     Creating certain offices of the army
              ::Appointment of commissary general
              ::Rank of commissary general, quartermaster and paymaster
              ::Oaths of office
              ::Bonds required of officers
              ::Quartering of officers
     Authorizing appropriation for regular army
     Appointing commissioners to Cherokee Indians
     Instructing commissioners to Cherokee Indians and associated bands
              ::Instruction to negotiate a treaty
              ::Pursuit of course of justice and equity toward Indians
              ::Empowerment to exchange lands
     Changing name and municipality and town of Viesca to Milam
     Authorizing officers to administer oath to enlisted men
     Creating officers of auditor and comptroller
              ::Examination of claims
              ::Forms of drafts 
              ::Issuances and approvals of drafts 
              ::Copies of claims
              ::Duties of auditor
              ::Processing of claims
              ::Oaths of auditor and comptroller
              ::Bonds of auditor and comptroller
Ordinances - December 29-31, 1835 TOP^
     Imposing duties on imports and tonnage
              ::Creation of revenue districts
              ::Creation of ports of entry
              ::Appointment of collector for each port and duties of collectors
              ::Bond required of collectors
              ::Oath of office of collectors
              ::Imposition of duty and rate of duty
              ::Obligations of vessel owners
              ::Importation of goods and wares by emigrants
              ::Importation of supplies for army, navy and government
              ::Assessment of duties on vessels from foreign ports
              ::Articles of growth, produce and manufacture of Texas free from duties
              ::Reporting requirements of collectors
              ::Authority of collectors to call on civil, naval, or military officers
              ::Penalties for non-payment of duties
              ::Payment of collectors' expenses
              ::Repeal of prior ordinance on same subject
              ::License and registration of vessels
     Defining boundary of Matagorda municipality 
     Appointing collectors of public dues and defining their duties
              ::Bond required of collectors of public dues
              ::Reports of collectors of public dues
              ::Receipt of treasury orders by collectors of public dues
     Appointing collectors of public dues and defining their duties - supplemental
              ::Duties of general collectors of public dues
              ::Duties on sales ceased
     Defining boundary of Harrisburg municipality
Ordinances - January 1-22,1836 TOP^
     Requiring chairman of finance committee to act as controller
     Relieving firm of McKinney & Williams
     Preventing importation of free Negroes and Mullatoes into Texas
              ::Penalties for presence of free Negroes and Mullatoes in Texas
              ::Penalties on vessel owners importing free Negroes or Mullatoes
     Changing name of municipality of Tenehaw to Shelby
     Prescribing the manner of bringing claims against the provisional government by volunteer army
              ::Duties of captains
     Authorizing the raising of an army 
              ::Composition of said army - men and equipment
              ::Appointment of commander
     Authorizing individuals to effect a loan on behalf of provisional government
     Authorizing purchase of armed vessels
              ::Adoption of naval system applied in the North
     Accommodating claims against the government 
              ::Issuance and receipt of treasury notes
              ::Oaths of collectors and agents receiving notes
              ::Individual responsibility of treasurer for counterfeit notes
     Creating a new municipality of Colorado
              ::Appointment of commissioners
              ::Election of delegates 
     Appointing a sutler to the army
     Appointing a collector of public dues - supplemental 
     Providing for the troops at Bexar
              ::Employment of Mexicans
              ::Payments to Mexicans so employed
     Opening the courts of justice and appointing staff
              ::Courts of justice declared to be open
              ::Suspension of civil rights ceased
              ::Procedures of common laws of England to be followed in criminal prosecutions
              ::Number of jurors
              ::Laws of Louisiana to be followed in matters of probate
              ::Holding of probate courts
              ::Right of appeal
              ::Jurisdiction of alcaldes and commissaries
              ::Enforcement of orders
              ::Members of regular army and others being privileged from arrest
              ::Authority to perform marriages
              ::Validity of marriages
              ::Summoning of juries
              ::Administration of oaths of office
              ::Witnesses outside jurisdiction
              ::Appointment of constables to serve writs, citations, summons, etc.
              ::Appointment of clerk for each municipality and duties of said clerks
              ::Style and form of judicial writs
              ::Appointment of prosecuting attorneys
              ::Salaries of municipal officers
              ::Rules of practice to be adopted by each court and bar
              ::Examination and license to practice law required
              ::Licenses from US superior courts recognized
              ::Oaths required of attorneys seeking to be admitted to practice
              ::Imposition of marriage fees
     Appointing commissioners to Comanche Indians
              ::Authorization to enter into treaty
              ::Interest in securing the friendship of the Comanche
              ::Appropriation of monies for expenses incurred in connection with treaty
     Requiring former governor to deliver records
              ::Effect of failure to comply
     Appointing a committee of finance 
     Appointing an advisory committee of the council
     Giving powers to the acting governor
     Creating the office of marshal of Texas
              ::Duties of marshal
Executive ordinance passed on March 16, 1836 TOP^
     Officers of the government  
     Election of officers  
     Authorization of loan  
     Appropriation of funds  
     Authorization to enter into treaties with foreign governments  
Index to ordinances and decrees of the provisional government of Texas TOP^