"By the President of the Republic of Texas, PROCLAMATION," December 21, 1842

Summary: Sam Houston issued a proclamation abolishing the penalties levied against free blacks who had lived in Texas before independence and wished to remain. However, he made them pay a sum of $500 for the privilege and they had to appeal their cases in the courts in order to avoid deportation in 2 years.

Whereas, by an act of Congress of the Republic of Texas, approved February 5th, 1840, the eighth section, it is provided, that all free persons of color shall remove out of this Republic, within two years from the passage of said act, under certain penalties: And whereas, it has been represented to me, that there are a number of honest and industrious persons of that description, who have been citizens of this country for a number of years, and have always heretofore conducted themselves so as to obtain the confidence and good opinion of all acquainted with them, and are now anxious to be permitted to remain in the Republic for the next two years, from and after the fifth day of February next:

Therefore, be it known, that I, SAM. HOUSTON, President of the Republic of Texas, in virtue of the power and authority vested in me by the constitution and the law, do, in the name and by the authority of said Republic, issue this, my proclamation, remitting the penalty of the law that might otherwise attach against them for remaining in the Republic; to be in effect and operative for the term of two years from the fifth day of February next: Provided, those who wish to obtain the benefit of this proclamation, apply to the Chief Justice of the county in which they reside, and make satisfactory proof of their good character, and also enter into bond and security, in the penal sum of five hundred dollars, payable to the President and his successors in office, for their good behavior during the term specified in this proclamation.

In witness whereof, I have hereunto signed my name, and caused the great seal of the Republic to be affixed.

Done at the town of Washington, the twenty-first

day of December, in the year of our Lord one

[L. S.] thousand eight hundred and forty two, and of the

Independence of Texas the seventh.

SAM. HOUSTON.

By the President:

ANSON JONES,

Secretary of State.

Source Copy Consulted: "By the President of the Republic of Texas, PROCLAMATION," December 21, 1842, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:879. http://texinfo.library.unt.edu/lawsoftexas