GENERAL PROVISIONS, "Journals of the Convention at Washington," March 9, 1836

Summary: The Convention passed some laws and conducted other business. The first of the provisions declared Texas a republic and outlined taxation procedures for land, which government officials would keep their offices, rules of citizenship(which were lenient), trial procedures, sale of public land for revenue, etc. Other provisions dealt with slavery, including the prevention of any emancipation laws, emigration of free blacks, or the mistreatment of slaves by owners. The Convention also issued a report by a committee concerning efforts to obtain a loan from the United States. Finally, a proviso was introduced outlawing the slave trade but it was referred to a committee.

SEC. 1. The republic of Texas shall include all the country formally known as the province of Texas; but the people reserve to themselves exclusively the right of hereafter settling the limits and boundaries of the same.

SEC. 2. All lands liable to taxation shall be classed into first, second and third class, divided into first, second and third quality, and shall be taxed according to their several qualities.

SEC. 3. Laws shall be made to exclude from office, sufferage and from serving on juries, those who shall hereafter be convicted of bribery, perjury, forgery or other high crimes and misdemeanors.

SEC. 4. Returns of all elections for officers who are to be commissioned by the president, and for members of the general congress, shall be made to the secretary of the republic.

SEC. 5. The president and heads of departments shall keep their offices at the seat of government, unless removed by the permission of congress.

SEC. 6. The president shall make use of his private seal until a seal of the republic shall be provided.

SEC. 7. It shall be the duty of congress, as soon as circumstances will permit, to provide by law a general system of education.

SEC. 8. All free white persons who shall emigrate to this republic, who shall, after a residence of six months, make oath before some competent authority, that he intends to reside permanently in the same, and shall swear to support this constitution, and that he will bear true allegiance to the republic of Texas, shall be entitled to all the privileges of citizenship.

SEC. 9. So soon as convenience will permit, there shall be formed a penal code, on principles of reformation and not of vindictive justice; and the civil and criminal laws shall be revised, digested and arraigned under different heads. The laws relating to land titles shall be translated, revised and promulgated.

SEC. 10. All persons who shall leave the country for the purpose of avoiding a participation in the present struggle, or shall refuse to participate in it, or shall give aid or assistance to the present enemy, shall forfeit all right of citizenship, and such lands as they may hold in this republic.

SEC. 11. There shall be a tribunal established by law, from whose decision there shall be no appeal, for the adjudication of all land titles within the republic; but no claim shall be confirmed by said tribunal until Congress shall have passed on the same; nor shall congress act on any claim or grant which originated previous to the adoption of this constitution, before the same shall be recommended by said tribunal for confirmation.

SEC. 12. So soon as practicable there shall be established a land office, under such regulations as congress may direct; provided, however, that all those who are entitled to lands under this constitution shall have a preference over all others.

The public lands being the only resource and wealth of the republic, congress shall have no power to give or grant them away, except for a price to be fixed by law. Actual settlers shall have a preference of purchase at the minimum price, so as to include his improvement, on such terms as may be regulated by law; provided, however, that nothing herein contained will prevent congress providing for the army during the present struggle.

SEC. 13. All persons (slaves and Indians excepted) residing in Texas on the day of the declaration of independence, shall be considered as citizens of the republic, and entitled to all the privileges as such. Every man of a family, being a citizen, shall have confirmed to him a league and a labor of land; and every single man of twenty-one years of age and upward, and such volunteers as may serve faithfully for the term of six months, being citizens, shall have confirmed to him one third of a league of land. And all citizens now actually settled on lands, shall be privileged to include their improvements in their location, over all other claims whatever, except those settlers who have obtained possession of their settlements by lease or rent; and the citizens aforesaid, shall not be required to reside on the lands so confirmed to them, but shall have their boundaries plainly marked.

SEC. 14. All lands within the limits of this republic, which are vacant or not held agreeably to law, shall belong to and constitute a fund for the use of the republic; provided, however, that nothing herein contained shall be so construed so as to prejudice the rights of citizens provided for in this constitution.

SEC. 15. Whereas, it is believed by this convention that great frauds have been committed in obtaining grants for lands and orders for surveys in Texas, do hereby declare all sales of lands made by the legislature of Coahuila and Texas, and located in Texas, and all lands, the locations of which are unauthorized by law;

and all grants, the conditions whereof have not been complied with; and all grants or titles issued in violation of the laws of the consultation; and all titles that may be hereafter issued unless under the authority of this constitution; and all grants that may have been antidated, shall be null and void. Provided there be nothing herein contained to prejudice the grants of lands obtained under the colonization law.

SEC. 16. Where an actual settler on lands hath obtained an order of survey from a commissioner lawfully authorized to act as such; the survey already actually made shall be valid, provided it does not interfere with any other actual settler.

SLAVES.

SEC. 1. All persons of color who were slaves for life, previous to their emigration to Texas, and who are now held as bonded servants or otherwise, shall remain in the like state of servitude in which they would have been held in the country from which they came; provided the person or slave be the bona fide property of the person holding the same, either by purchase or otherwise. Congress shall pass no law to prohibit emigrants from the United States of America, from bringing their slaves with them, and holding them on the same terms and by the same tenure as they were held in the country from which they were brought. Congress shall have no power to pass laws for the emancipation of slaves; nor shall any person holding slaves be permitted to emancipate them, unless he remove them beyond the limits of this republic; unless, in case of meritorious conduct of the part of the slave, and by the consent of the legislature first had and obtained.

No free person of African descent shall be permitted to emigrate and reside in this republic, unless by special act of congress, which must specify the person by name.

Congress may by legislative acts compel the owners of slaves to treat them with humanity, and provide them with sufficient food and clothing; and may prevent their introduction as merchandise, or from any other country except that of the United States of America.

SEC. 2. In the prosecution of slaves for crimes, no inquest of a grand jury shall be necessary, but the proceedings thereof shall be regulated by law, except in capital cases; the general congress shall have no power to deprive them of a trial by jury.

Any amendment or amendments to this constitution, may be proposed in either house of congress, and if the same be agreed to by a majority of the members of each house, such proposed amendment or amendments shall be entered on the journals with the yeas and nays taken thereon; and it shall be published at least

three months previous to the election for members to said congress; and if in congress next chosen as aforesaid, such amendment or amendments shall be agreed to by two thirds of all the members elected to each house, then it shall be the duty of the congress to submit such proposed amendment or amendments to the people, in such manner and at such time as congress may prescribe; and if a majority of the qualified voters for members to congress, shall ratify the same, such amendment or amendments shall become a part of this constitution; provided, however, that amendment or amendments be not submitted more than once in three years.

On motion of Mr. Parmer, the report was received.

On motion of Mr. Everett,

The Convention resolved itself into a committee of the whole upon the report, Mr. Everett in the chair; and after some time spent therein,

On motion of Mr. Roberts,

The committee rose, and Mr. Everett reported that the committee of the whole house had had under consideration the report of the committee, appointed to draft a constitution, and instructed him to report progress and ask leave to sit again.

On motion of Mr. Thomas,

The Convention adjourned till two o'clock, p. m.

TWO O'CLOCK, P. M.

The Convention met pursuant to adjournment.

On motion of Mr. Thomas,

The Convention resolved itself into a committee of the whole house upon the report of the committee to draft a constitution, Mr. Thomas in the chair, and after some time spent therein,

On motion of Mr. Rusk,

The committee rose, and Mr. Thomas reported that the committee of the whole, had had under consideration the report of the committee appointed to draft a constitution, and instructed him to report progress and ask leave to sit again.

On motion of Mr. Thomas, the report was received.

Mr. Collinsworth, chairman of the committee on public documents, made the following report:

In regard to the loan contracted by your commissioners in the United States, your committee are of opinion that it is not so advantageous to this government as could have been desired. But when it is considered that the late consultation had declared for the republican principles of the constitution of eighteen hundred and twenty-four, which gave us no distinct national existence; which declaration, however proper at the time, tended very much to abate the enthusiasm felt in our behalf. And when it is further considered, that this fact alone rendered any security on Texas

extremely precarious, and that too, at a time when our national existence depended upon the immediate reception of money, provisions and arms, to carry on the war, your committee are satisfied that the loans submitted were the best that could have been made under the circumstances.

Add to this the great importance of at all times preserving good faith as a nation, your committee are of opinion that it is due to your commissioners, and to yourselves, that the loans should be unhesitatingly ratified.

Your committee having also had under consideration the treaty made by your late commissioners, with the small tribes of Indians specified in said treaty, are of opinion that said treaty is probably as favorable as could have been made at the time under all the circumstances, and recommends its ratification.

They have also had under consideration the proposition of John T. Lamar, which proposition is herewith submitted as part of this report, and recommend its adoption.

JAS. COLLINSWORTH, Chairman.

Mr. Childress introduced the following preamble and proviso:

Whereas, the African slave trade being abhorent to the laws of God and the feelings of all civilized nations, the encouragement of such inhuman traffic shall be made piracy by the laws of the land, and all persons legally convicted, before the legitimate tribunals, of being hereafter engaged in it, either directly by capturing Africans, or purchasing them out of slave ships, or knowingly from those how may have previously bought them, shall suffer the punishment of death, and such captured persons to be disposed of in such manner as may be hereafter prescribed by congress; Provided, That this article shall not be construed to prohibit emigrants from bringing their slaves into the country, and that no free people of color shall ever be admitted to reside in the republic after the ratification of this constitution.

On motion of Mr. Rusk,

The resolution was referred to the committee to draft the constitution.

On motion of Mr. Menifee,

The Convention adjourned till to-morrow morning at nine o'clock.

Source Copy Consulted: GENERAL PROVISIONS, "Journals of the Convention at Washington," March 9, 1836, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 1:870-874. http://texinfo.library.unt.edu/lawsoftexas