The University of Texas at Austin

Debates of the Convention, 1845

Debates of the Texas Convention. Wm. F. Weeks, Reporter; published by authority of the convention. Houston: Published by J.W.Cruger, 1846.

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Table of Contents

July 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31

August 1 2 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28

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Cover Page

TOP^

Proclamation by the president of the Republic of Texas

TOP^
July 4, 1845 TOP^
     Credentials of delegates
     Election of president
     President's address
     Election of secretary
     Letter from president of Republic of Texas
     Ordinance and joint resolution concerning annexation of Texas to US
     Adoption of ordinance
July 5, 1845 TOP^
     Ordinance concerning US troops in Texas  
     Elections for convention officers  
     Formation of committees  
July 7, 1845 TOP^
     Committee assignments  
     Report by committee on privileges and elections concerning delegates  
     Resolution concerning introduction of US troops into Texas  
July 8, 1845 TOP^
     Resolution concerning drafting of bill of rights  
     Resolution concerning committee on education  
     Resolutions concerning gratitude of convention to Pres. Tyler  

July 9, 1845

TOP^
    Resolution concerning organization of militia  
     Matters in connection with convention rules  
     Matters in connection with printing of rules  
July 10, 1845 TOP^
     Committee of education members  
     Resolution concerning granting of property to US  
July 11, 1845 TOP^
     Report concerning bill of rights and general provisions  
     Report concerning executive department and militia  
     Matters concerning support of education through revenues  
     Resolution concerning land titles  
     Communication from Charles Wickliffe concerning annexation  
     Matters concerning credentials of delegates and Bowie County  
July 12, 1845 TOP^
    Matters concerning land grants to US  
     Matters concerning credentials of delegates  
     Report concerning judiciary  
     Resolution concerning colonization contracts  
     Resolution concerning number of legislators  
     Matters concerning delegates from Bowie County  
     Resolution concerning education financing  
     Matters concerning adjudication of land titles  
     Matters concerning jurisdiction of courts  
     Discussions concerning relation of US and Texas judiciary  
     Discussions concerning Texas and US constitutions and the judiciary  
     Discussion concerning adjudication of land titles  
     Resolution concerning wife's property  
July 14, 1845 TOP^
    Resolution concerning number of legislators  
     Resolution concerning wife's property  
     Resolution concerning appointment of officers in judicial districts  
     Report concerning legislative department  
     Appointment of committee to consider taxation  
     Matters concerning colonization contracts, land titles, and land office  
July 15, 1845 TOP^
    Matters concerning credential of delegates  
    Address by individual claiming seat  
    Discussion of claimant's right to seat  
    Debate concerning forfeited land titles and judiciary  
    Matters concerning preamble  
    Discussion of amendments to bill of rights  
    Discussion of freedom of press, libel and slander  
    Discussion of private vs. public citizens  
    Debate concerning requirement that indictments be brought before grand juries  
    Resolution concerning taxation  
    Resolution concerning trial by jury for libel  
    Debate concerning freedom of press, libel and slander  
July 16, 1845 TOP^
     Report by committee on education  
     Resolution concerning taxation and expenses  
     Resolution concerning amendments to constitution  
     Resolution concerning legal remedy for collection of debts  
     Matters in connection with Spanish versions of ordinances  
     Matters in connection with amendments to bill of rights  
     Resolution concerning indictments for libel  
     Continued debate on freedom of the press  
     Discussion of double jeopardy provision  
     Discussion of prosecution of public officers  
     Continued discussion of freedom of the press  
     Resolution concerning bail provision  
     Discussions concerning taking of properties  
     Resolutions concerning equal rights of individuals  
     Discussions of provisions concerning imprisonment for debt  
     Resolution concerning necessity of indictments on criminal charges  
July 17, 1845 TOP^
     Resolution concerning consistency of laws of Texas and US  
     Resolution concerning legislative representative apportionment  
     Communication from individual protesting invitation to US troops to enter Texas  
     Resolution concerning citizens qualified to vote for representatives  
     Discussion of term of office of governor and other state officials  
     Debate concerning requirement that governor be native-born  
     Discussion of salary of governor and other public officials  
July 18, 1845 TOP^
     Resolutions concerning land titles  
     Discussion of seat of government or alternate locations  
     Resolution concerning reports of governor to legislature  
     Discussion of ability of governor to grant pardons and rules applicable to same  
     Resolutions concerning lieutenant governor  
     Debate concerning appointment or election of secretary of state and other public officials  
     Discussion of seal of state and character of office of secretary of state  
July 19, 1845 TOP^
     Matters concerning apportionment of representatives  
     Resolutions concerning forced sales and legal remedies for collection of debt  
     Appointment of additional delegates  
     Resolution concerning division of counties for election of first representatives  
     Matters in connection with establishment of land offices  
     Resolution concerning private and general bills  
     Lengthy discussion of governor's veto power  
     Resolutions concerning militia and conscientious objectors  
July 21, 1845 TOP^
     Chaplain's address  
     Resolutions amending provisions on legislature  
     Resolutions concerning role and responsibilities of lieutenant governor  
     Discussions concerning lieutenant governor's service as president of senate  
     Resolutions concerning legislature provisions  
     Discussion of taxation of Indians  
     Discussion of deletion of word 'white' in qualifications of citizenry  
     Proposal concerning age of electors  
     Resolution concerning soldiers' ability to vote  
     Discussion of adoption/acceptance of constitution by US  
     Various resolutions concerning legislative provisions  
     Discussion concerning clergy members' ability to serve in legislature  
July 22, 1845 TOP^
     Resolution concerning printing of journals  
     Continued debate concerning ability of clergy to serve as members of legislature  
July 23, 1845 TOP^
     Resolution requiring public officials to believe in God and future state of rewards and punishments  
     Discussion of basis of representation and calculation of representatives - consideration of slaves, wives  and children  
     Discussion of requirement that electors pay taxes  
     Various resolutions concerning legislative provisions  
     Discussions concerning seat of government  
     Resolutions concerning various legislative provisions  
     Discussion of provision requiring public officials to believe in God  
     Continued debate concerning basis of representation, requirement of property ownership, slaves, women, and children  
     Statement concerning institution of slavery  
July 24, 1845 TOP^
     Matters concerning representatives from Montgomery County and basis of representation  
     Continued discussion of basis on which representatives are apportioned  
     Debate entry concerning immigration  
     Continued discussion of basis of representation and participation of women  
     Continued discussion of basis of representation  
     Discussion of relationship between representation and taxation  
     Discussion of relationship between suffrage and representation  
July 25, 1845 TOP^
     Resolution concerning creation of chancery courts  
     Resolution concerning apportionment of representatives pending census  
     Continued debate concerning basis of representation as it relates to slavery  
     Debate entry concerning basis of representation as it relates to Mexican population  
     Continued debate concerning basis of representation as it relates to slavery  
     Resolutions concerning representation, terms of representatives, and elections  
     Discussions of chancery courts  
     Discussions of right of appeal in criminal cases  
July 26,1845 TOP^
     Chaplain's address  
     Matters in connection with particular colonization contract  
     Matters concerning election of judges  
     Debate concerning terms and appointments of judges  
July 28, 1845 TOP^
     Various amendments to bill of rights and general provisions  
     Matters concerning rules of convention  
     Matters in connection with judiciary article  
     Debate concerning jurisdiction of district courts  
     Debate concerning right to trial by jury  
     Continued debate concerning right to trial by jury  
     Introduction of draft general provisions article  
     Introduction of draft impeachment article  
     Introduction of draft schedule article  
July 29, 1845 TOP^
     Chaplain's address  
     Introduction of draft slavery article  
     Amendments to judiciary article  
     Debate concerning jurisdiction and habeas corpus  
     Proposed amendment concerning judicial districts  
     Debate concerning salaries of judges  
     Report concerning Texas land titles and adjudication of same in US courts  
     Report concerning adjudication of land titles and investment of proceeds of forfeiture in education  
     Matters concerning salaries of judges  
     Matters concerning judicial districts  
     Proposed amendment concerning judicial districts  
     Matters in connection with removal of judges  
     Additional amendments to judiciary article  
July 30, 1845 TOP^
     Various amendments to bill of rights and general provisions  
     Discussion of imprisonment for debt  
     Discussion of provision on emigration  
     Discussion of right of assembly provision  
     Discussion concerning right of legislature to suspend laws  
     Matters concerning conscientious objection  
     Matters concerning right to bear arms  
July 31, 1845 TOP^
     Various amendments to executive article  
     Discussion of period of residency required for public officials  
     Continued discussion of various amendments to executive article  
     Discussion of status of conscientious objectors  
     Matters concerning obligations of ministers of the clergy  
Aug 1, 1845 TOP^
     Protest concerning manner of election of governor  
     Matters concerning obligations of ministers of the gospel  
     Debate concerning citizenship and residency required for public officials  
     Discussion concerning eligibility of delegates to serve as public officials  
     Various matters concerning general provisions article  
     Discussion of inclusion of provision on dueling  
     Debate concerning voting by ballot or viva voce  
     Matters concerning compensation to public officials, agents and contractors  
Aug 2, 1845 TOP^
     Continued discussion of general provisions article  
     Proposal concerning private laws and relief  
     Discussion concerning banking institutions  
     Continued discussion of general provisions  
     Matters concerning establishment of penitentiary  
     Continued discussion of penitentiary and county public schools  
Aug 4, 1845 TOP^
     Proposal concerning section of general provisions  
     Discussion concerning land or head rights  
     Matters concerning public schools  
     Discussion concerning jurisdiction of courts and venue  
     Debate concerning arbitration  
     Discussion of legal profession  
     Continued discussion on provisions concerning arbitration  
     Proposal concerning legal remedy for collection of debts  
     Proposal concerning revision and publication of laws  
     Proposals concerning marriage and divorce  
     Discussion concerning families of slaves  
     Proposal of additional sections on subject of slavery  
     Discussions concerning land titles  
     Further discussion of forfeited land titles  
     Discussion of colonization contracts and forfeiture of land  
     Discussions of relationship between laws of US and laws of Texas and rights to land  
     Further statements concerning colonization contracts  
     Further discussions of relationship between US and Texas laws and distinction between things executed and executory  
     Continued discussion of Texas laws in relation to US laws  
Aug 5, 1845 TOP^
     Report on expenses of land office  
     Matters concerning land districts  
     Dissent from report on land office and land titles  
     Motions concerning general provisions  
     Resolution concerning land system  
     Discussion concerning citizenry of individuals evading participation in 1836 revolution  
     Continued discussion concerning relations between Texas, US, and Mexico  
     Continued discussion concerning possible forfeiture of lands  
     Communication from land office  
     Statement concerning physical extent of Texas and scrip issued  
     Continued discussion concerning forfeiture of land titles  
     Resolution concerning sale of homestead  
     Continued discussion concerning homestead rights  
Aug 6, 1845 TOP^
     Discussion of taxation section of general provisions  
     Continued discussion of taxation provision, specifically in relation to slave holding  
     Discussion of systems and basis of taxation  
     Protest concerning ad valorem taxation  
     Resolution concerning exemptions from taxation  
     Continued discussion of general provisions' taxation section  
     Discussion of ad valorem system of taxation  
     Resolution concerning liquor sales  
     Resolution concerning establishment of state bank  
     Continued discussion concerning banking privileges  
Aug 7, 1845 TOP^
     Protest concerning homestead exemption  
     Resolution concerning publication of proceedings  
     Resolution concerning exemption from taxation  
     Resolutions concerning private corporations  
     Resolutions concerning banking privileges  
     Continued discussion concerning banking privileges
     Resolution concerning compensation of public servants  
     Resolutions concerning scrip, money and promissory notes  
Aug 8, 1845 TOP^
     Report concerning status of slaves  
     Report concerning issuance of money  
     Resolution concerning borrowing by state  
     Resolution concerning establishment of new counties  
     Debate concerning jurisdiction of state  
     Report concerning status of individuals refusing to participate in revolution and status of their land titles  
     Report concerning legal effect of marriages  
     Report concerning chancery courts  
     Resolutions concerning mode of amending the Constitution  
     Resolution concerning quartering of soldiers  
     Various amendments to general provisions  
     Matters concerning status of slaves and Art VIII trials of slaves  
     Matters concerning land offices  
Aug 9,1845 TOP^
     Resolution concerning commercial & agricultural bank  
     Vote on forfeitures  
     Vote on report on marriages  
     Motion concerning compensation of public servants  
     Motion concerning status of citizens of other states  
     Various amendments to judiciary article  
Aug 11, 1845 TOP^
     Resolution concerning property exempt from taxation  
     Various amendments go judiciary article  
     Matters concerning jurisdiction of appellate courts  
     Matters concerning compensation of judges  
     Report concerning status of slaves in certain geographic areas  
     Various amendments of judiciary article  
     Debate concerning definition of electors  
     Matters concerning status of Indians  
     Continued debate concerning definition of electors  
Aug 12, 1845 TOP^
     Report of judiciary committee concerning property of parties in marriage  
     Minority report concerning separate property of wives  
     Report concerning pre-existing claims against the State  
     Resolution concerning congressional districts  
     Discussion of basis and ratio of representation  
     Discussion concerning eligibility for citizenship  
     Discussion concerning frequency of legislative sessions  
     Continued discussion of frequency of legislative sessions  
     Amendment concerning term of legislators  
     Proposal concerning length of regular legislative sessions  
     Report concerning new states within territory of Texas  
     Report concerning printing of ordinance and Santa Fe territory  
     Report concerning census and apportionment of representatives  
     Discussion concerning eligibility of representatives for office  
Aug 13, 1845 TOP^
     Report concerning senatorial districts  
     Debate concerning apportionment of senators  
     Continued discussion concerning basis of representation in senate, specifically in relation to slavery  
     Continued discussion of senatorial representation  
     Debate concerning basis of representation and disparity among eastern and western counties  
Aug 14, 1845 TOP^
     Proposal for senatorial apportionment  
     Report concerning definition of qualified electors and entitlements to citizenship  
     Proposals concerning election precincts  
     Discussions concerning apportionment of representation  
     Discussions concerning eligibility of legislators for offices  
     Proposals concerning seat of government  
     Amendment concerning houstead exemption from taxation  
     Proposal concerning term of senators  
Aug 15, 1845 TOP^
     Protest concerning number of representatives assigned to western counties  
     Statement concerning eligibility of ministers for legislative position  
     Report concerning division of Texas into 2 US congressional districts  
     Resolution concerning transfer of government from republic to state  
     Continued debate concerning eligibility for citizenship and as electors  
     Continued discussion of definition of qualified electors  
Aug 16, 1845 TOP^
     Debate concerning transfer of government and establishment of provisional government
     Continued debate concerning qualifications of electors and eligibility for citizenship  
     Continued debate concerning qualification of electors, especially in relation to US naturalization laws  
     Amendment concerning claims against Republic  
     Discussion concerning community property and rights of wife  
     Continued discussion concerning separate and community property  
Aug 18, 1845 TOP^
     Resolution concerning compensation payable to delegates  
     Proposal of concerning appointment of treasurer and tax collectors  
     Discussion concerning colonization contracts and land titles  
     Continued debate concerning possible forfeiture of rights granted under colonization contracts  
     Continued debate concerning suspension of colonization contracts and consistency with US laws  
     Continued debate concerning constitutionality of colonization contracts  
     Discussion of colonization contracts and Sam Houston's relationship to same  
     Continued debate of validity of colonization contracts and relationship to individual r ights  
Aug 19, 1845 TOP^
     Protest concerning entitlement of individuals to citizenship  
     Report concerning separate property of wife  
     Communication concerning distribution of powers of government  
     Statement concerning habeas corpus  
     Resolution concerning public debt  
     Proposal concerning distribution of powers of government  
     Adoption of bill of rights  
     Resolution concerning notaries public  
     Report concerning transfer of government from republic to state  
     Proposed ordinance concerning referendum on annexation  
     Proposals concerning separate property of wife  
     Continued debate concerning validity of colonization contracts and rights to land  
Aug 20, 1845 TOP^
     Report and discussion concerning preamble  
     Various matters concerning legislative article  
     Discussion concerning validity of land grants  
     Continued discussion concerning possible rescission of colonization contracts  
     Statement concerning States rights in relation to colonization contracts  
Aug 21, 1845 TOP^
     Proposals concerning colonization contracts  
     Discussion concerning appointment of tax collectors  
     Report concerning head rights claims to land by fictitious persons  
     Continued discussion concerning validity of land claims  
     Motion concerning salaries of judges and governor  
     Continued discussion of appointment of tax collectors  
Aug 22, 1845 TOP^
     Matters concerning colonization contracts  
     Statement concerning Commodore Moore  
     Resolution concerning printing of constitution in Castilian  
     Proposals concerning legal proceedings against colony contractors  
     Proposal concerning State land offices  
     Continued discussion of validity of colonization contracts  
     Discussions concerning education article  
Aug 23, 1845 TOP^
     Report and ordinance concerning colonization contracts  
     Continued discussion of provisions on education and support of same by forfeited lands  
Aug 25, 1845 TOP^
     Proposal concerning salaries of governor and judges  
     Matters concerning separate property of wife  
     Continued discussion of colonization contracts and land granted by governments of Mexico and Spain  
     Amendment concerning banking privileges  
     Proposal concerning colonization agencies
     Proposal concerning laws repugnant to those of US
     Proposal concerning monies due Republic of Texas for political offences
     Proposal concerning vote of people on Constitution
     Matters concerning Sam Houston
     Continued discussion regarding people's vote on annexation
     Various amendments to schedule provisions
     Matters concerning ceding of public buildings to US
Aug 26, 1845 TOP^
     Matters concerning captain Moore  
     Matters concerning compensation to offices of convention  
     Discussion concerning duties of offices during change in government  
     Continued discussion concerning transition of government  
     Proposal concerning incapacity of President of Republic  
     Proposal concerning collection of import fees  
     Proposal concerning election of officials and representatives  
     Matters concerning fraudulent land claims  
     Proposal concerning validity of land grants  
     Passage of education report  
     Proposal to provisions on validity of land grants  
     Resolution concerning compensation of reporter  
     Resolution concerning printing of convention records  
     Resolution concerning creation of new states  
     Proposal concerning validity of state actions  
     Various amendments to schedule provisions  
     Proposal concerning people's vote on annexation  
Aug 27, 1845 TOP^
     Protest concerning provisions dealing with transition of government  
     Matters concerning ordinance relating to colonization contracts  
     Report concerning land titles  
     Discussion of application of vacant lands to payment of public debt  
     Matters concerning adjournment of convention - payment of contractors, printing of records, etc.  
Aug 28, 1845 TOP^
     Statement concerning land titles report  
     Other matters concerning conclusion of convention  
     Final address from President of Convention