"Journal of the Proceedings of the General Council of the Republic of Texas," January 1, 1836

Summary: The Council of Texas voted on several different measures. The most comprehensive law passed by the Council dealt with free blacks and mulattoes. The new law prohibited any free blacks from entering Texas and any who were caught doing so would be sold into slavery, with the proceeds going to the government. The law also charged a fine of $5,000 to any ship captains who brought free blacks into Texas. The other measures discussed included appointing officers for a cavalry regiment and submitting communications from different members of the council.

COUNCIL HALL, SAN FELIPE DE AUSTIN,

January 1st, 1836.

NINE O'CLOCK, A. M.

The Council met pursuant to adjournment.

The journals of the proceedings of yesterday being read,

Mr. Barrett, from the committee on state and judiciary, made the following report accompanied with an ordinance:

Report that the committee on state and judiciary affairs, to whom was referred the letters from the committee of safety of Beaumont.

Your committee to whom was referred the letter of the committee of safety at Beaumont, having duly considered its contents, and strongly impressed with the necessity of adopting some measures as recommended in said letters to prevent the importation or emigration of free negroes or mulattoes into Texas; being sensible from the experience of other countries, that the residence of such free negroes and mulattoes among us, would prove an evil difficult to be remedied should it once be tolerated. To the slave-holder nothing could be of deeper interest than the timely adoption of some measures that will prove effectually preventive of a

course so much to be dreaded in a country, whose soil, from the nature of its productions must be cultivated by slave labor. The infusion of dissatisfection, and disobedience into the brain of the honest and contented slave, by vagabond free negroes, who denied the society of whites, from necessity or choice, associate with persons of their own color, cannot be too promptly and strongly guarded against.

Your committee would therefore recommend the adoption of the following ordinance and decree to be entitled.

"An ordinance and decree to prevent the importation and emigration of free negroes and mulattoes into Texas.

Be it ordained and decreed, and it is hereby ordained and decreed by the Provisional Government of Texas, that from and after the passage of this ordinance and decree, it shall not be lawful for any free negro or mulatto to come within the limits of Texas, and if any free negro or mulatto, shall hereafter be found within the limits of Texas as aforesaid, and it shall not appear, that he or she was within said limits prior to this passage of this ordinance and decree, it shall and may be lawful for any citizen of Texas, to apprehend said free negro or mulatto, and take him or her before the judge or alcalde of the municipality in which he or she may be so apprehended, and upon satisfactory evidence being adduced, that such free negro or mulatto emigrated into Texas, contrary to the provisions of this ordinance and decree, it shall be the duty of the judge or alcalde, before whom such free negro or mulatto may be brought, to expose him or her to sale at public auction, to the highest bidder, and the proceeds of such sale, after paying one third thereof to the apprehender and defraying the costs and charges, attending the conviction and sale of such free negro or mulatto shall be paid into the state treasury. And it is hereby declared, and made the duty of each judge and alcalde, and of each and every sheriff and other officer of the place, within each and every municipality throughout Texas, so to apprehend and cause to be apprehended all and every such free negro or free negroes, mulatto or mulattoes, offending against the provisions of this ordinance and decree, and that such officer or officers, who shall so apprehend such free negro or free negroes, mulatto or mulattoes, shall be entitled to the same compensation, that is by this ordinance and decree allowed to citizens, who may by such apprehension as aforesaid render the like service.

Be it further ordained and decreed, &c.: That it shall not be lawful for any master or owner of any ship or vessel, nor for any other person or persons whatever, from and after the passage of this ordinance, to import, bring or induce, or aid in importing, bringing or inducing, any free negro or mulatto, within the limits of Texas, directly or indirectly, and if any master or owner of any ship or vessel, or any other person, or persons, whatever shall import, bring or otherwise induce, or aid or abet in importing, bringing or otherwise inducing, any free negro or mulatto into Texas as aforesaid, he or she so offending shall be deemed guilty of a misdemeanor at common law, and upon conviction thereof, in any court of record within Texas, shall be fined in the sum of five thousand dollars, and imprisoned, until the same together with the costs and charges of the prosecution shall be paid.

Be it further ordained and decreed, and it is hereby further ordained and decreed, &c., that this ordinance and decree shall be regularly given

in charge to grand juries throughout Texas, and the Governor be and he is hereby required to have this ordinance and decree inserted three times in the New Orleans Bulletin.

The above report being read was adopted, and the ordinance and decree was read the first time, and ordered to a second reading to-morrow.

Mr. Royall made a statement respecting the intention of the Creeks to emigrate to this country; when on motion, the committee on state and judiciary, were instructed to report instructions to our agents to the United States, on the subject.

On motion, the House preceeded to the election of captain of cavalry in place of John York, who declined accepting. When McKinlock Simmons was duly elected first lieutenant of cavalry.

The house then proceeded to elect a first lieutenant of cavalry in the place of W. G. Hill, promoted. When McKinlock Simmons was duly elected first lieutenant of cavalry.

On motion of Mr. Barrett, Messrs. Royall, Clements and McMullen, were appointed a committee to act in conjunction with the Governor, in procuring the attendance of absent members.

Mr. D. Parker presented his resignation as a member of this Council, which was accepted, and the thanks of the House voted to Mr. Parker, for his constant attention and devotion to the interests of his country as a member of this Council.

Mr. Clements submitted a communication from Mr. Caldwell, of Gonzales, which was read and referred to the committee on state and judiciary.

The President submitted a letter from Thomas F. McKinney, respecting duties, &c., which was referred to the committee on state and judiciary.

On motion, the House adjourned till 3 o'clock, p. m.

THREE O'CLOCK, P. M.

The Council met pursuant to adjournment.

A quorum not being present,

On motion, the council adjourned till nine o'clock to-morrow morning.

Source Copy Consulted: "Journal of the Proceedings of the General Council of the Republic of Texas," January 1, 1836, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 1:720-722. http://texinfo.library.unt.edu/lawsoftexas