"An Ordinance and Decree to Prevent the Importation and Emigration of Free Negroes and Mulattoes into Texas," January 5, 1836

Summary: This ordinance sought to prevent any free blacks or mulattoes from coming to Texas. The first section required all citizens to apprehend any free blacks and bring them to a judge, whereby they would be sold as slaves at public auction and the proceeds put into the state treasury. The second section forbade any ships from bringing free blacks within Texas borders. The third section decreed that the ordinance be printed in New Orleans and brought to the attention of all Texas grand juries.

Be it ordained and decreed, and it is hereby ordained and decreed by the General Council of 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 the 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 and every Judge and Alcalde, and of each and every Sheriff and other officers of the Peace 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 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 apprehensions as aforesaid, render the like service.

SEC. 2. 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 whatsoever, from and after the passage of this ordinance and decree, 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 whatsoever, 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.

SEC. 3. Be it further ordained and decreed, and it is hereby ordained and decreed, That this ordinance and decree shall be regularly given in charge to Grand Juries throughout Texas; and the Governor be and is hereby required to have this ordinance and decree inserted three times in the New Orleans Bulletin.

This ordinance was passed January 5th, 1836, enrolled and handed over to Governor Smith for approval but never returned.

E. M. PEASE,

Sec'y to G. C.

Source Copy Consulted: "An Ordinance and Decree to Prevent the Importation and Emigration of Free Negroes and Mulattoes into Texas," January 5, 1836, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 1:1024-1025. http://texinfo.library.unt.edu/lawsoftexas