journal of the constitutional convention of the state of

Citation: Journal of the Constitutional Convention of the State of Texas: Begun and Held at the City

of Austin Texas. Constitutional Convention (1875). Galveston : Printed for the Convention at the

"News" Office, 1875.

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INDEX.

APAGE

Apportionment, legislative (see ordinances).Appropriations, tabular statement of 46

Apportionment, judicial 52, 70Abstract of patented lands to be filed 54

Attorney General to furnish a list of cases in courts of the State 100, 129

_.sylum, inebriate, to create 106

Appeals, right of, etc 118

’gricultural and Mechanical College 134

Assessors and collectors in incorporated towns 139

Assessment, to esttblish board of 141Arbitration 152 265Article, legislative department. (See legislative department.)Assessors and collectors, to elect ]91

Agricultural implemeuts in use exempt from taxation ]93

Adjutant General to furnish certain information 196, 247, 266Article, executive. (See executive department.)Article, suffrage. (See suffrage.) 23,

Article, edncation. {See education.)Article, public lands and land office. (S public lands, etc.)Article, bill of rights. (See bill of rights.)Address of the president 5, 821Article to regulate the residence of convicts to the penitentiary, after re-

leased 313Adjournment sine die 334, 425, 608, 752, 814Article, railroads 376, 431, 452, 455, 571, 605, 616, 621, 796Article, revenue and taxation. (See taxation.) 378Article, judicial department. (See judicial department.)Address to the people 514Article, general provisions. (See general provisions.)Article, powers of government 661,745, 749Article, Spanish and /Iexican land titles 675, 72, 734, 749, 767Article, counties and county lands ...677, 733, 739, 742Article, municipal corporations 693, 790, 792, 817Article, private corporations 715, 785, 787, 794, 796, 819Article, impeachment 770, 776, 793, 817

BBills that have passed the Legislature to be presented to the governor,

etc ,14, 105Bibery, concerning 81Board of equalization. (See equalization.)Bill of rights 118, 270, 328, 337, 346, 349, 352, 390 434Bohemian language, to print constitution in. (See constitution.)Boundaries 216Bureau of immigation. (see immigration.)

Property of Tarlton Law Library, Jamail Center for Legal Research, The University of Texas School of Law

ii. IIDEX.

Baker, Charles, relative to bounty warrant No. 2692.Bonds of the State sold during the administration of Governors Davis

and Coke 500, 572

Cmmittee on priab::" 8Committee to report number and designation of standing committees 8, 9Committee on rules ’nl ordc, to appoint 8Chaplain 9Committees, standing 13, 15Constitution of 1845, as a basis 26, 33, 77, 148Committee on mileage 28Counties, to establish new 38, 43Constitution of U. S., to make or amend 42Corporations, private o pay for act of incorporation 43Constables, to be elected 47Contingen expenses 51, 748, 849Counties, pro]ibited from contracting debtCourts, County 57, 60, 135. 146Courts, Justices’ 58Constitution of U. S., to amend 58Courts, Appelate 64County School Lands. see schools)Congress, no member of this Convention to be eligible to, within one year

after adoption of this constitution 85Corporatior-s, concerning 8. 134Courts, Criminal 100Costs of Suit 102Courts, District 102, 146

Certificate.% land barred to be revived 155Courts, to be open to all 120Certificates, land, declared void by 1Republic of Txeas 124Corporation Tax, to limit 135Courts, County, members no to pass oI heir fees 140Court, Supreme 140, 146Capitol, to repair 141, 150Clerks County 143,Constitutional Convention, mode of calling 145Constitution, mode of amending 145Constitution. new, to print in Spanish 174,Commissioner Land Office, to furnish information 174, 215, 135, 493Commissioner Iatnd Office, to furnish maps 189Cardis, Lewis. sworn in 190Clerk. committee o elect -901, 266Constitution, to print in Bohemian language 216, 281Census, to take in 1885Coulter, D. R., communication from 70Cities, on the Coast, to aid in coast improvements 81County Lands 327Comptroller, communication from 499Capital Fair Association, invitation to visit 619, 63Counties, article on, (see Article, counties)Capitol Building, to et side three million cres of land, to erect 527, 638

699, 746, 749D

Duelling, disqualification for office 48Drunkenness, a disqualification for office 48


IDEX. iii.

Divorces, concerning 65Digest of Laws 91

DistrieLs, supreme, to divide Lhe State into, ere 10G 185

Doorkeeper, assistanL to eleeL 107’, 109Debt, public 141> 187Damages, recoverable for felonies 186Drunkenness 18

Defaulters 288

Debts contracted two years after the adoption of this constitution not tobe collected by law 303, 328, 371

Dunnam, _4. J. C., resignation of 625,

EElections, general, cost of 28, 77lx post feto laws prohibited (i0

F.dueation, public, to provide a sysLem of 63

EscheatsEqualization of assessments 86, 107. 139Eieeors 92, 13. 142Elections 120Exemption from public duly, no person to be, except by general law. 1’24

I31eetions by incorporations 188Executive Department 228, _083, _090, 3, 371Education, article on 243, 291, 314, 317, 318, 325, 328, 35, 327, 339Election of members of the Legislature, to suspend the law ordering in

December, 1875 26, 176, 194, 196, 197, 200, 222Evidence in cases of land frauds 314, 320

FFarming, fencing, and stock raising 31Fish, to protect 51

Felony, concerning 91Franchises, concerning 92Frontier 101, 107, 222, 227, 228, 281, 802Farms, county 144Felonies, ttctionable for damagesFences, local laws concerning 189, 198, 202, 283Female suffrage. See suffrage.)

Governor, communication frown 12Geologist, State, to abolish 34, 149Goddin sworn in 35Goddin, resignation of 69Goddin, to fill vacancy of 99, 106, 109Gambling a disqualification for office 48Grand juries, presentments by, to be certified by magistrates, ere 52Gambling, to prohibit ]48

Galveston, city of, to issue bonds 201Governor o furnish information about the sale of bonds, etc 500General provisions, article, 553, 569, 620, 6:7, 683, 685, 699, 709, 733, 741, 776

HHomesteads _08, 54, 82, 133Habeas corpus, concerning 31, 34, 85, ]44

t:[ouses of correction 143enderson, at. Q., resolution to pay 279, 282

2


iV, INDEX,

ttazlewood, I. G. communication froni ’299]-Ioly Alliance ". 321, 326, 808

IInterest, legal rate of 29, 30, 42, 46Interest, to regulate 32, 46,Ice, to furnish 29Imprisonment for debt, prohibiting 44i_igration bu’(: 44, 240, 275, 288, 3)0, 401Dii)eachment 313, 320, 770, 776nnligration 2t6, 302, 401, 424, 501, 510, 531, 571

Juries, to be impanneled in certain cases 31 122Juries, petit, concerning 31, 63, 61, 65, 81, 84, 122, 191Judges of courts, to be appointed 32, 117, 146Judges to be e!ected 33, 53, 185Judges, special, to appoint 47, 122Judges of courts prohibited from holding any other office 47Judicial tribunals, to define power of, to punish for contempt 52Jurors, qualifications of 62, 86, 135Justices’ precincts to divide counties into 64, 186Justices o pece, to enlarge jurisdiction of 91, 116, 185Judges of courts not to become active participants ia political affairs 94Judicial department 95Judges of District Curts, qualificacion and salary 102Judges of District Courts, failing to hold court, lawyers in attendance on

court may elect a judge 103Journal of convention, to publish 152, 170Judges of District Courts removed from officeJudges of courts to forfeit one-fourth of sat.ry in certain cases 265Judicial department, 406, 455, 456, 510, 541, 542, 561, 562, 565, 621, 632,

433, 638, 662, 678, 706, 730, 748.Jdicial apportio.ment. (See ordinances.)

LLands to be taxed and taxes paid in counties where situated 31, 79, 80,Legislature, concerning sessions of 31, 46, 49, 54Legislature, organization ofLindsay, 3udge I. M., elegram from 35, 45Land claims declared null by the constitution of the Republic and State

to remain soLnd office to be at the seat of government 50Land certificates genuine to soldiers, settlers and colonists, how located,

and ’hen to become void 50Lotteries, o prohibit 51, 65, 139Land certificates, genuine, to be revived 57, 115Land office to be made self-sustaining 63Lands granted to railroads, and forfeited 70Local option: 8, 455Lands to be sold for taxes 82Legislature to have no right to extend time of contract to railroads, etc... 85Liquors, sale of, prohibited flear schools 118Land certificates declared void by Republic of Texas 124Laws, no special to be enacted when a general law can be made appli-

cable 139Liquor law 103Laws not to be suspended, except 144


INDEX.

Legislative department.. 154, 194, 197, 200, 203, 217, 225, 242, -062, 267, 275,282, 330, 357, 384, 449, 503.

Lands, public and /and office. (ee public lands.)Langston, J., letter from 289Lands to be reserved for railroads in Wester Texas 342, 344, 424 503Land office...263, 357, 361, 370, 428, 447, 529, 620, 626, 631, 632, 634, 655, 792

M/liteage 822, 24, 28, 34, 43, 66, 85Matversation, malfeasance, etc 29/linisters of the gospel not to be members of the Legislature 55, 81Murphy, J. ]3., sworn in 69Members of Legislature not to vote on measures in which interested 84Mexican land grants. (See Article, S. L. T.) 94, I03, 732Militia 187hlinisters of gospel not to serve in militia 187M,rnbers of Legislature, nmaaber of and terms of office 188Marriages between white and black races prohibited 188Members of Convention absent for more than four days without excuse,

seats to be declared vacant 190, 194M:chanicM implements exempt from taxation 193Maps, secretary to procure 266Maps, Commissioner of General Land Office to furnish 189Military companies to be exempt from jury service 270Ministerial Association of Austin, communication from president of 9McDonald, communication from.: 280McKinney, A. T., sworn in as delegate 287Municipal corporations. See Article, Municipal Corporations.)

NNight sessions 491, 620, 631, 638, 726

OOath of office 40, 48, 80, 140, 375Oath to be administered to delegates 4Officers of the Convention 7, 8, 10,Officers, State and county, to elect by the peopIe 33, 54, 124, 139Officers, failing to pay over revenue collected, etc 51Official qualifications 48Organization of Convention 2, 4, 5, 6, 7, 8Ordinance postponing general election of December, 1875, ere 26, 176

194, 196, 197, 200, 222Ordinance to exempt sufferers from the lae storm from the tax of 1875..240.

280, 365, 367Ordinance on Legislative apportionment 33, 35, 41, 470, 471 479, 561,

570, 623, 726, 729Ordinance submitting new constitutior o a vote of the people, etc 487,

771, 786Ordinance o declare the law to encourage the construction of ditches

and canals void 502, 788Ordinance for the relief of the Texas and lacific Railroad 684, 695

7O8, 716Ordinance on qualified suffrage 697, 698, 785Ordinance, judicial apportionment 727, 765, 787Ordinance concerning railroads 735, 749, 751Ordinance fixing terms of District Courts 754, 766, 786Ordinance requiring all ordinances to be ra.tified by the people before

operative 768, 769, 78


vi. iNDEX.

Ordinance, supplemental to the election ordinan’ee 780, 789Ordinance providing for the election of a Collector of Taxes 784, 787

789, 808Ordinance concerning the Board of Equalization 799Ordinance concerning DeKalb College 800Ordinance requesting the Governor to issue his election proclamation for

elections under the new constitution 818

PPer diem 8, 22, 24, 201Printing 25, 50, 64, 78, 108, 170, 534:paschal’s Digest, to furnish 26Papers, to take twenty copies of 27, 36, 37, 116, 151Property, separate of wife 28, 42, 241Preamble 32, 42, 61, 117Petition on sanitary regulations 37Penitentiary, to inquire into management of 39, 49, 170Private corporations to pay for incorporation 43, 112Passes on railroads not to be given to officers 44Petition of Pryor Lea on subject of unsatisfied land certificates 50Per diem of legislators 54etition on suffrage 70, 199Petition on usury 70Public roads 42, 77, 84, 115Property of railroads to be taxed where situated 79Protest, by members of the Legislature 91Property, private not to be taken for public use, etc 103Personal rights 11Petition of J. H. Hutchins and Alfred Grooms 122, 787Petition of To R. Orenbaum 122:porter for State Library, to appoint 124Public property of counties, cities and towns exempt from forced sale 124:Postage for delegates 136, 151:Petition of L. G. Lincecum t49, 450Petition of heirs of Yener 149Petition of Texas Medical Association 170:Patents on forged assignments to ]e void 188:petition of Pryor Le 190:printing presses and materials exempt from taxation 193:petition of citizens of Georgetown 193, 199, 202Petition of heirs of W. A. Smith 195, 290Petition of b.r of Cass county 195Petition of Charles Montague 195Petition of Aldermen of city of Sherman 19{}Petition of citizens (ff Wilson county 198, 200, 288Petition of Thompson M. J. S. Weldv and others 214Petition of citizens of Longview 215Petition of bar of Logvlew 228Petition of L. K. Tarver and others 228:Petition of citizens of Bastrop 228Pages, to increse pay of 241, 266, 360Public lands nd brad office 263:Petition of S. T. Foster 270President’s addres 5Petition of S. G. W. Hiatt 280lardoning power, concerning "282Petition of citizens of Harrison, Gregg, Cass and Bowie counties 288:Petition of citizens of Lampasas 312:Petition of citizens Of Denison 312


INDEX. vii.

l,nitentiary, to regulate residence of convicts 313Powers of government, division of 313, &20l’.tition of W. B. Scare 334’etition of citizei:s of Grimes county 351P(tition of Gustave Cook 352, 522Petition of bar of Limestone countyPetition of physicians of ]Iarrison countyPetition of :E. A. Blount 369Petition of citizens of Walker county 428Petition of McAlpin Dugold 428Petition of Paris bar 436Petition of citizens of Brazora county 500, 509Petition of citizens of Sherman 500, 508Petition of Patrons of Husbandry of Hunt county 508Petition of citizens of Hidalgo county 5"27Petition of mayor and aldermen of Galveston and the officers of Galves-

ton countyPetition of citizens of Hamilton county 541Public free schools. (See schools.)Petition of citizens of Dallas 619Petition of citizens of Dallas county (34) 632Private corporations. (See article, private corporations.)Protest by Murphy 731Protest by West and others 797Protest by Stockdale and others 796Protest by DeMorse 798Protest by West. 802Protest by Ballinger 819Protest by Reynolds and IcCabe 820

Rangers, relating to paying 280, 364Railroads 88Railroads, regulating 30Railroad charters, concerning 62Railroads to be taxed on gross receipts 80Railroads to accept provisions of this constitution, or be refused State

relief hereafterRailroads, Legislature to have no power to extend time to construct 85Railroads, to regulate charge of freight and passengers 93, 184Railroads not to pass vithin three miles of a town without passing

through, etc 100Railroads, Legislature to grant no subsidies to 144Railroads in estern Texas, to reserve lands for 116, 264, 270, 342, 344Railroads, article on, reported, (see Article, railroads) 376Religious opinion, no disqualification 47Road tax, to suspend collection of 84Road tax in incorporated towns 140Rugetey, E. S., resioaiion of 339Resolution, by Ferris, oath to be administered to delegates 4Resolution, by Flournoy, relation to Governor’s communication 13Rdes of order 16, 27, 199, 203, 213, 241,283, 305, 323, ,26, 334, 464,

501, 637, 646.Relutio to appoint committee on mileage 24Resolution, by Martin, of Navarro, Sergeant-at-Arms to provide rooms

for committeesR,s/lution, by Crawford. Secretary of State t( furnish Paschal’s Digest..26Respiration. by McCormick. to procure stationery and postage


Resolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, byResolution, by

Vlll, INDEX.

Resolution, by Ramey, making the constitution of 1845 basis of action ofthe Convention. 26

Resolution, by McLean, to requie all patented lands to be assessed atnot less than one dollar per acre, etc 27

Resolution, by Stockdale, amending rules 27Resolution, by Russell, of Harrison, to hold one session per day 27Resolution, by Fleming, to take twenty copies of newspapers 27Resolution, by West, as to the number of registered voters, and cost of

general electron 28Resolution by Darneli, relative to separate propey of wives 28Resolutmn by Darnell, on subject of homesteadsResolution by Drnell, on subj:t of legal rate of in,rest 29solution by Lynch, relative to suffrage 29Resolution by Mills, to furnish ce 29Resolution by Johnson, of Fanklin, prohibiting the Legislature from

granting anything of value to co, porations or individuals 29Relution, by Moore, relative to county school lands 29

Wade, relative to venality, nmlversation, malfeasance, etc.. 29Fleming, relative to rate of interest 30Fleming, railroads to keep an ottiee il" h’dii, c... :..30Nugent, concerning juriesNugent, concerning tiL juries 31Nugent, concerning habels corpus 31Hayes, concerning fencing, farming, ere 31oss, concerning taxes on landsNunn, concerning session of ]gislature 31Robertson, of Bell, concerning nterest 32McCormick, on peambleCook, of Gonzales, ncerning pres reporters 32Dohoney, concerning press reporters 32Rugeley, o appoint judges of the Supreme and District

Courts 32Resolution, by Flom’noy. cncermng 11 and harfige 32Resolution, by Holt, to elect judges by people 33Resolution, by Sansom, makg constitution of 1845 basis 33Resolution, by Nunn, to elect all officers by the peopleResolution, by Allison, on legislative apportionment 33Resolution, by Holmes, prohibitin counties or towns from granting aid

to railroads, etc 33Resolution, by Haynes, concerning the Legislature 33Resolution, by Russell, o Harrison, concermng taxation 33Resolution, by Lynch, to abolish Stte Geologist 34Resolution, by Stay,on, concerning mileage 34Resolution, by Wade, concerning" civil and religious liberty, habeas cor-

pus, etc 34Resolution, by Russell, of Harrison, regulating xation 37Resolution, by Martin, of Navarro, about subscribing for papers 37Resolution, by McLean, o subscribe or the GzetteResolution, b)" Stoekdale, conrning establishment o new counties 38Resolution, by McCormick, concerning penitentiary 39Resolutiou by DeMorse, submitting five sections o the constitution 39Resolution. by Brown, concerning official oath 40Resolution, by Brown, concerning suffrageResolution, by Brown, prohibiting any one person from holding more than

one offi(’e at the same time 41Resolution, by Brow, concerning pay of teachers 41Resolution, b Deorse, relati#e legislative apportionment 41Resolution, by Wade, make a new constitution for U. S 42Resolution, by Sansom, relative o pra propey of wife 42


INDEX.

Res(dution by Sansom, State to fix value of property exempt from tax 42Resolution by Sansmn, regulating interestResolution by Abernathy, preamble 42Resolution by Abernathy, no tax to keep up roads 42Resolution by Robertson, of Bell, corporators to pay for act of incorporation 43Resolution by McLean, concerning establishment of new counti 43Resolution by Ramey, concerning mileage 43Resolution by Johnson, of Franklin, prohibiting counties and towns from

aiding corporations or becoming stockholders 43Resolution by Whitehead, to abolish Immigration Bureau 44Resolution of Russell, of Harrison, concerning bills passed by the Leg-

islature 44Resolution by Russell, of Harrison, no imprisonment for debt 44Resolution by Fleming, prohibiting railroads from giving passes to officers 44Resolution by Weaver, on subject of public schools 45Resolution of Martin, of Hunt, relative to session of the Legislature 46Resolution by Ferris, relative to interest 46Resolution by Nugent, Legislature to prepare tabular statement of

appropriations 46Resolution by Russell, of Harrison, no person to be disqualified for re-

ligious opinions 47Resolution by Ross, to appoint special judges 47Resolution by Holmes, concerning nagistrates and constables and County

Courts 47Resolution by McCormick, prohibiting judges from holding any other

office, etc 47Resolution by Pauli, State and county taxes to be collected in lawful

money, etc 48Resolution by Doboney, official qualifications 48Resolution by German, members of the House of Representatives, how

chosen, terms of office, etc 49Resolution by West, land claims declared null by the constitution of the

Republic and State to remain so 49Resolution by West, relating to Land Office 50Resolution "oy Robertson, of Bell, concerning genuine land certificates

issued to soldiers, settlers and colonists 50Resolution by Robertson. of Bell, relative to stenographer 5t)Resolution by Cook, of Gonzales, relative to contingent expenses 51Resolution by West, Sergeant-at-arms to furnish vater 51Resolution by Abernathy, to protect fish 51Resolution by Burleson, prohibiting counties from contracting debts 51Resolution by Burleson, making it a felony for an officer to fail to pay

over revenue vhen collected 51Resolution by Graves, prohibiting lotteries 51Resolution by Fleming, judicial apportionment 52Resolution by Nunn, to define by law powers of judicial tribunals to

punish for contempt, etc 52Resolution by King, no act of the Legislature to take effdct until 90 days

after adjournment of the Legislsure, etc 52Resolution by Holmes, relative to presentments by grand juries, etc 52Resolution by Chambers, relative to public school landsResolution by Sansom, restricting suffrage to those who pay tax, etc 53Resolution by Robertson of Bell, relative to electing ,iudes and fixing

stlaries 53Resolution by Robertson of Bell, to elect all officers by the people, the

ming of the Legislature, pay of members, prohibited fromgranting anything of value to corporations, etc 54

Resolution by Barnett, requiring Legislature to provide for filling ab-stract of titles, and payment of taxes on patented lands 54


X. IDEX.

Resolution by Flournoy, relative to homestead exemptions 54Iasolution by McCormick, prohibiting ministers ot gospel from holding

political offices 55lsolution by Erhard, relative to public schools 55Resolution by Brown, re-validating genuine land certificates 57Resolution by Brovn, relative to County Courts 57Resolution by Brown, relative to Justices’ Courts 58Resolution by Brown, to amend the constitution of the United States 58Resolution by West, declaring members of the Legislature ineligible to

the Senate of the United States, or any office created by them-selves, etc 59

Resolution by West, relative to ex post facto lawsResolution by Weaver, relative to County Courts 60Resolution by Crawford, relative to school fund 60Resolution by Rugeley, touching qualification of jurors 62Resolution by Brady, relative to right of trial by jury; to drawing money

from treasury for religious institutions; freedom of speech and thepress; libel, and excessive bil 62

Resolution by Brady, relative to railroad charters 62Resolution by Ferris, to mMe Land Office self-sustaining 63Resolution by Flanagan, that no pe.rson elected or appointed to a federal

office shall be eligible to any office under this constitution duringterm of office 63

Resolution by Rentfro, relative to trial by jury 63Resolution by DeMorse, providing a system of education 6Resolution by Robison of Fayette, to divide counties into justices’ pre-

cincts 65Resolution by Crawford, relative to printing 64Resolution by Waelder, relative to appellate courts 64Resolution by Holt, denying juries the right to commute punishment 61Resolution by Kilgore, preamble 61Resolution by Kilgore, qualifying electors 61Resolution by .McCormick, declaring the Governor, Lieut. Governor and

members of the Legislature ineligible to seats in Congress for fiveyears after termination of term of office 61

Resolution by Ballinger, relative to trial by jury 65Resolution by Haynes, concerning divorces 65Resolution by Haynes, concerning lotteries .’.’.’.’.’.’.’:: 65Resolttion by Dohoney, to appoint committee on ordinances 65Resolution by Arnim, concerning county school lands 65Resolution by Darnell, concerning land granted to railroads, and for-

feited by them 70Resolution by Reagan, on subjects of escheats, ete 79Resolution by Reagan, on subject of land titles 79Resolution by Wade, on the subject of public schools 79Resolution by ,Iohnson of Collin, to tax property of railroads in counfy

where situated 79Resolution by Johnson of Collin, requiring taxes on land to be paid in

county where the land lies 80Resolution by DeMorse, oath of office 80Resolution by ,Iohnson of Franklin, local option 80Resolution by Morris, to tax railroads on their gross receipts 80Resolution by Lynch, on common school fundResolution by Abernathy, prohibiting ministers of the gospel from, being

elected to LegislatureResolution by Martin of Navarro, concerning briberyPsolution, by Hen.ry, of Smith, on homesteadsResolution, by Renffro, declaring any member of the Convention ineligi-

ble to any office ereaed by i for twelve months after its adoption.. 82


Resolution, by Graves, to elect assistant door-keeper 8’2Resolution, by Fleming, taxes ou lands to be paid in county vhere situ-

ated, and providing for scale of lands for txes 82Resolution, by McCormick, no railroad to have relief that fails or refuses

to accept be provisions of this constitution 83lesolution, by McKinney, of Denton, relative to county and school

lands 84Resolution, by Robison, of Fayette, to suspend collection of road tax 84Resolution, by Martin, prohibiting members of the Legislature from

voting for measures in which they are interested, etc 84Resolution concerning money raised to support schools.Resolution, by Gaither, limiting petit juries to sixResolution, by Kilgore, writ of habeas corpus not to be suspended, etc 85Resolution, by McLean, no member of this Convention to be eligibIe to

Congress within one year after adoption of this constitution 85Resolution, by Holmes, Legislature to have no right to extend time of

contract to railroads or other corporations 85Resolution, by Whitfield, Superintendent of Public Instruction to fur-

nish scholastic population 85Resolution, by German, prohibiting the Legislature from extending time

for construction of internal improvements 85Resolution, by Russell of Harrison, creating Board of Equalization for

property 86Resolution, by Cook, of Gonzales, no one to sit as a juror in felony cases,

who is under indictment, or has been tried for a similar offence 86Resolution, by Pauli, relative to Sunday law 86Resolution, by Brown, relative to corporations 86Resolution, by Brown, relative to railroads 88Resolution, by Robertson. of Bell, relative to salaries of State officers 90Resolution, by Russell, o Harrison, to pubIish notice of forced sales. :91Resolution, by Wade, to provide for digest of laws: 91Resolution, by Douglas, relative to right of protest by members of Legis-

lature 91Resolution, by Allison, relative to felony, and enlarging jurisdiction of

justices of the peace 91Resolution, by Moore, no privileges, immunities or franchises to be

granted that are not subject to the control of the sovereignty ofthe people 92

Resolution, by Ferris, concerning taxation 92Resolution, by Brady, touching qualification of electors 92ResoIution, by Rentfro, who shall be eligible to office 93Resolution, by Flournoy, relative to charges by railroads for freight and

passengers 93Resolution, by Ford, to prohibit judges from participating actively in

political discnssions, etc 94Resolution, by Norvell, judicial department 95Resolution, by Brady, to fill vacancy of Goddin 99Resolution, by Brown, no railroad to pass within three miles of a town

without passing through, etc? 100Resolution, by Brown, taxes on lands in unorganized counties to be as-

sessed and collected by Comptroller 1(t0Resolution, by Haynes, producer to pay no license tax on articles pro-

duced 100Resolution, by Gaither, concerning Criminal Courts 100Iesolution, by Nunn, calling on Attorney General for number and kind

of eases in courts of the StateResoltltton, by Fleming, relative to salaries of officers 101I(esolutiola b West, elative to Indian and Mexican frontier 101


Xif. ISnEx.

Resolution, b Johnson, of Collin, conceming right of entry into realestate 10"2

lesolutiQn, by Russell, of Harrison, relative to salary and qualificationsof District Judges 102

luiou, by DeMose relaive cost of suits in courts 10Resolution, b Waelder: re}ative. o rms of District Courts 102.s]ution, b Dolores, "liquor law :[ .:.. 163esoltion, by Furno, relative to land claims originating from

huil nd Texasesolatin, by Kilg0r, priate property not to be ken for public

withou just compensation, etc 108solution, by Ba]linge, to elect a judg of the Distric Court by tw-

yrs of said court, vhea judge fails t0 hold curt, etc !0Resolution, by Smith, relative a Sta University 104solution, by Kilgore, relative to the course of bills which hae

the. gislature before becoming laws 105esolutio, by Waelder. to divide the State into Supreme districts, etc i06Resolution, by. Hohne.s, to create [nebriat Aytum 106Resolution, by Cooley, authorizing the State to borrow money, to repel

attacks by !adians or foreigners, etcResolution, by ermaa. f0 Set pi’t" university, fund for schoql f 107Resolution, by Martin of Hun. to 8scertaih amount expend td

te the frontier by this State 107Resolution, by Ma:tin, of Hun, to etablish Brd of ualiztionReolutioa, b. We’e, no: meber 0r officer o this Cnvefiion to hld

office for five y.ears after the adoption ofth coa@iutioa 107Resolution, by McComjgk, relati’e t xv0rkig ro . 115solution, by Russell. of Hrrion, reviiug Sand titles by or on th 1

of 5aury, 187, under, present constitutionsolution, by auli, concerning jus.tice o the Beac 116olutipn, by Rentfro, preamble

1; :"s""11

solutioa; by Rentr relative to r.e ou "ghts 118!ution, by entfro, relative , tate rights .: 118soluti, by Robertaon, o Bell relative to selti liqqr in ic

0f sch!s; he right of appeal, and 0cnptifi dndax 118

esolutioa, by Roberon, o BI1, natural righ 118esoution, by Erhard, e]tie. t0 a State UMversity 119Rsolution, by Flourloy, exempting ceta wages f-om nihmentRoluti0, by Reolds, 0 eleio ... :. :. :--. :.-Resolution, by Reyno), os o0ea ey on% etc t20Resoltio, y ket,r.elig to pblic. ree schs......Reoluion, by cet, relati to. suffrage 123esolio. by obts.on, of. Bell, relaing t land tit!es dec]ard

by he costitati0n of the pub)i 0f TS .’ .. 124solutn, by Dar,!l, to !et Staoe b0P 124aolution by tfield, to appoint pore; fo library !4Resolao, by Wet, nO persohshalt he eemp fom public ut, ecp

by general law 124Resolution, g ]tuger, eemptig or0peVy of cqni, cities

to, hem f0 publi9 use, from forc.e4 le 124solu, by Dvis, of BrqS, rlati ti l9mstadotipn, by Davi, of Brazps, reJave 9 so!arie o( offic,eraoltlti0n, by Davis, of Br.azq retati-e cooorti0n 134esoluti0n, by Dai$ o Brazoa. relative to State Universit and Agri-

cultural and Mechanical C0!lg [Ylti0, by Russell, od, !iiting cor.poati ta on fresh

’vegetables OOPt- etc. 1


INDEX. XIIL

lesolution, by Ramey, concerning Comity Com’ts 135Resolution. by Mills, qualified electors to be qualified jurors 135Resolution, by Wade, relative to postage for delegates 135Resolution, by Morris, public free schools 136Resolution, by Robertson of Bell, relative to sale of lands for taxes, and

county officers, ec 139Resolution, by Norvell, relative to Statute of Limitations 139Resolution, by DeMorse. prohibiting lotteries 139Resolution, by Erhard, relative re suffrage in towns and cities, and as-

sessors and collectors in same ]39

Resolution. by Reagan, prohibiting members of Comity Corts frompassing on questions in relation to their fees

Resolution, by DeMorse, relative to nepotism 140Resolution, by Ferris, relative to Supreme Court 140Resolution. by Patfli. establishing Board of Assessment 141Resolution. by Russell, of Harrison, public debt 141Resolution by Sansom, civil officer not provided for in this constitu-

tion shall be created by the Legislature ]41

Resolution. by Kilgore, to repair Capitol 141Resolution, by Waelder, on suffrage and qualification of electors 14"2Resolution, by Cline, relative to free schools 142]Resolution, by Erhard. fixing salaries of sheriffs anti county clerks 143Resolution, by Stayton, relating to houses of correction and county

farms 143Resolution, by German. prohibiting grants to railroads]Resolution, by Stockdale, no laws to be suspended, except, etc.; habea

corpus not to be suspended 144lesolution, by Waelder. mode of calling- Constitutional Convention, and

amending the constitution 145ResolutiOn by Cline. relative to Supreme and District Courts 146lesolution by Murphy, relative to change of venue 147Rsolution by Cline. to protect agriculture and stock raising 147Resolution by McCormick_ relative to itemized tax bills 147Rsolution by Johnson. of Franklin. to prohibit gambling 148]Rsolution by Whitfield. to publish the journal I52]Resolution by Burleson. to provide for collecting back taxes 159.Resolution, by Scott. relative to arbitration]Resolution, by Brown. no person to be prosecuted for acts done between

January, 1861. and August 1866 15tlesolutlon, by Ramey, concerning County Clerks 153]Resolution, by Mills. relative to reduction of salaries]Resolution. by Ford. to print new constitution in Spanish 174tesolution, by ]Rohertson. of Bell, calling on Commissioner of General

Land office for tabular statements of lands, etc 174]Resolution. by Flournoy, relating *o charges by railroads for freight and

passengers 181lesolution, by Johnson. of Collin. increasing jurisdiction of Justices of

the Peace]Regolution. by Jolmson. of Collin, relative to school law and officers

der it 185esolution, by Whitfield, relative to Supreme and District Courts and

.udges thereofTlesolution. by ttolmes, makin felonies actionable .for damages 186esolution. by ]Ramey relating to lnstices of the Peace..

I,olution. by Brown, prohibiting officers from officiating in court vMlintoxicated, etc., etc

lleolution, by Murphy, relative to militi ]8?L’eolutlon, by McLean. proMbRing creation of State debt


xiv. IIgDEX.

Ilesohttion, by West, relative to elections by Corporations 188]gesolution, by West, relative to number of members of Legislature, and

their terms of officeResolution, by McCormick, patents on forged assignments to be void 188Resolution, by McCormick, prohibiting marriages between black and

white races 188Resolution, by Dohoney, concerning fences 189Resolution, by Sansom, Governor to appoint surveyors 189:Resolution, by Stockdale, requiring the Commissioner of the General

Land Office to furnish maps 189Resolution, by Wade, to declare vacant seats of delegates absent for

more than four days without excuse 190tiesolution, by Nunn, on the subject of education 190lZesolution, by Erhard, to make defaulters felons, and nine jurors to de-

cide cases 191:Resolution, by Wright, restricting county tax 191Resolution, by Weaver, female suffrage 191:Resolution, by Burleson, to consider the right to compel non-resident

owners of continuous inter-State lines of communication to paytaxes to this State 192

:Resolution, by Mr. Robertson of Bell, to exempt all agricultural and me-chanical implements in use on farms, also printing presses, etc.,from taxation 193

lZesolution, by Allison, to remove Judges of District Courts 193].esolution, by Cooley, granting land to settlers 196ttesolution, by Martin of Hunt, calling on the Adjutant General for cer-

tain information 196:Resolution, by Brown, requiring the President of the Convention to in-

form the Governor of the passage of the ordinance postponingelection 198

lesolution, by ’lournoy, relative to sessions of Convention 201:Resolution, by Ballinger, to authorize city of Galveston to issue bonds

to build break-water, etc 201:Resolution, by Brady, to elect a committee clerk 201.lesolution, by Brovn, to amend the rules 213:Resolution, by Russell, of Wood, prohibiting the Attorney General from

employing attorneys or clerical force 216:Resolution, by Moore, to print the constitution in the Bohemian lan-

guage 216lteso!ution, by Brown, on boundaries of State 216:Resolution, by Dohoney, relating to the frontier 222:Resolution, by Brown, to reserve lands for settlers, and to exempt them

from taxation o24Resolution, by Brady, providing for taking census in 1885 224:Resolution, by Russell, of Harrison, ordinance to exempt sufferers from

the gulf storms from tax of 1875 240tesolution, by Erhard, providing for Bureau of Immigration 40Resolution, by Kilgore, to increase pay of pages 241lesolution, by Erhard, relating to separate property of the wife o41tlesolution, by Stayton, to reserve lands for railroads in Western Texas...264]Resolution, by Wade, civil suits to be tried by the courts or arbitrated

within one year after end of aopearaice term, etc 265esolution, by Nunn. concerning Adjutant General’s report 265solution, by Rentfro, to have the Secretary procure maps 66lesolution, by Murphy, exempting military companies from jury

service o70Resolution, by Dohoney, to pay N. Q. Henderson twenty-five dollars, for

services rendered 279


IDEX. Xro

Resolution, by Cardis, to exempt frontier people irom taxation 281Resolution, by Ballinger, to grant land to aid coast towns and cities to

improve the coast, etc 281Resolution, by Erhard, relating to the pardoning power 282Resolution, by Russell, of Wood, concerning the collection of debts 303Resolution, by icKinlcy, of Wharton, to regulate residence of convicts

to the penitentiary 313Resolution, by Brown, relating to evidence in cases of land frauds, etc 314Reolution, by Martin, of Navarro, concerning rebates and drawbacks in

freight, wharfage, storage, etc 317Resolution, by Martin, of Navarro, to inquire into charges by the Demo-

vratic Statesman 32Resolution. by Welder, prohibiting cities and towns from lev:z,ing a

higher occupation tax than the State 328Resolution, by Ramey, counties to be authorized to establish and main-

tain public roads 335Resolution, by King, requiring the Legislature to make provision for

calling out t.he militia, to protect the State 335Resolution, by Ballinger, to fill vacancy caused by resignation of

Rugeley 339Resolution, by Iussell, of t[arrison, against the coolie .trade, etc 340Resolution, by Erhard, against Sunday law 340Resolution, by Gaither, on the subject of limitations 351Resolution, by German, no corporation to issue bonds, except for value

recei,ed 352Resolution, by Flournoy, on the subject of champerty, maintenance, etc...352Resolution, by Morris, all qualified voters who can hear, speak, read and

write the language of the court to be.competent jurors 360Resolution, by Flournoy, to validate patents heretofore issued upon loca-

tions in Peters’ Colony and Mississippi and Pacific Reservations...361Resolution, by Flanagan, that the Sergeant-at-arms furnish fuel for Con-

vention 369Resolution, by Allison, titles to land acquired from Spain, Iexico or Co-

ahuila and Texas shall be recorded in county where lands lies, etc..369Resolution, by Erhard, requesting the Governor to convene the Legis-

lature 369Resolution, by Weaver, to collec and keep historical records, etc., of

Texas 3]’0

Resolution, by Wright, on the subject of border league land titles 394Resolution, by Ford. Legislagure to create office of Commissioner of In-

surance, Statistics and History 395Resolution, by Haynes, to make Joseph Junker do the enrolling and

engrossing 401Resolution, by olt, on qualified suffrage 406Resolution, by Dohoney, the Legislature to provide for a Bureau of Agri-

culture, etc 406Resolution, by Abernathy, on weights and measures 428Resolution, by McLean, relative to slander or libel, etc 450Resolution, by McLean, relative to pensions for surviving Texans of the

Mexican revolution 450Resolutiom by McCormick, on the subject of bureau and health and vital

statistics 463Resolution, by Cook of Gonzales, to pay the State Ga.vette for furnishing

papers, ere 463Resolution. by MilIs, no deed to be recorded unless accompanied by ax

receipt 464Resolution, by lussell of Wood, requesting certain information from the

Cvmmissionr of the General Land Office 464


:XVi. INDEX.

Resolution, bY :Burleson, on the subject of old Spanish land titles 278Resohttion, by Jotinson, of Franklin, requiring the publication in news-

papers notice’s of judicial sales, etc 478Resolution, by Russell, of Wood, requesting the Comptroller to fUrniSh

information about money borrowed by railroads 478Resolution, by Kilg0re, to pay the De,mOvratic Statesman for papers fur-

nished 478Resolution, by Johnson, of Collin, to hold night sessions 491Resolution, by McLean, prohibiting towns, cities and counties from Con-

tracting debt except those on the coasts, under certain circum-stances 492

Resolution, by Martin, of Navarro, to punish officers for speculating orimproperly using public money 492

Resolution, by Martin, Of Hunt, the Legislature to create no office, ex-cept provided for in the new constitution 500

ResolUtion, by Gaither, to appoint committee to prepare an addresssetting forth the leading features of the new constitution.. ,...500

Resolution, by Johnson, of lranklin, the Legislature to provide through theAgricultural and Mechanical College for collecting statistics, etc 500

Resolution, by West, calling on the Governor to furnish certain informa-tion relative to the sale of bonds during his and the Davis admin-istration 500

Resolution, by McCormick, to Sit with closed doors 502Resolution, by Burleson, to require all claimants to ancient land grants

to pay all taxes to date. before commencing suit 509.Resolution, by Weaver. to refund the school tax 509Resolution, by Moore, to elect u county treasurer 510Resolution. by W.right, grailting *use of the tta]l to Bishop Pierce to h]d

divine serwce 512Resolution, by Norvel], to rescind contract with J. D. Logan for print-

ing 516lesolution, by McKinney, of Denton, to elect county survey,ors 516lesoluti0n, by Flemiri, to set aside lafld to build a Capitl Stath Iotise,Resolution, bv Sansom, for the State to take care Of iidien lunatics 534Resolution. b. McKinney, of Denton, to make prosecut6r pay cot in-

malicious prosecution 535Resolution, by Ferrls, the Legislature may make new counties, etcleolution, by Mills to exempt wages of laborers from garnishment 535ResolutiOn, by amey, to regulate the treatiflent of lJri0ners, ere 5tResolution, by Darn]l. concerfiin the Texas and Pacific Railroad 607Resolution, by Russell, of Wood, to endow two State Universities 619ResolUtion. by Robertson. of Bell. requiring the Legislsture to mk

contract with any railroad: by whicl said road shall ompl Vlththe same in less than fifty years

Resolution. by Stewart. the Legsl’ature to provide for assessln and 01-lectin a school tax 638

Resolution. by Ramey, to employ assistant engrossing and nr011ingclerks

Reso]Uti0n. by ]i]0re, granting the ise of the Hall to MissPower Houston

Resolntlon. by Cook. 0 "o;a;, o ub]’ih tle c0Stitution in he hs-"74

papers Of the State 74Resoiii6n, ly Mill, o thanls /o the Pesident of he Lnitd Sttte 751Re0|ufion, bY Ramey, to aV N. Q. Henderson 752ResolUtion. b Cool. 0 G0n’ales. relative to dlstribiiting and

the constittition and .]onrna] 7.5Resolutidn, ly Brown, concerning ,L H. Rag.n 776lolution, bY Wade. appolntin Flounoy, Ballinger ahd Stewa to

correct proof of constitution, when printed 780


IDEX. xvii.

Resolution, by Flanagan, on the death of Henry Wilson, Vice Presidentof U. S 789

Resolution, by Brown, Lo have 500 copies of election ordinance printedin bill form 795

Resolution, by Norvell, relative to addressing judges out of office 796Resolution, by Brown, relative o signing the constitution 799Resolution, by Brown, to print and distribute 20,000 additional copies of

the constitution and Ordinances .. ... 800Resolution, by Brown, recommending co future Legislatures the printing

and distribution of the general laws, ere 800Resolution. by Graves, to give extra pay o Enrolling and Engrossing

terk 808Resolution, by Rentfro, of thanks to the President 815Resolution, by Flournoy, co give the officers mileage 815, 816Resolution, by Russell, of Harrison, of thanks to Capt. F. Voight 815Resollttion, by Kilgore, of thanks to the pages 815.Resolutign by, Cook, of Gonzales, to pay W. F. Benginer 815Resolution, by Stockdale. to increase the number of constitutions to be

lrinted in German 818Res01uton, b Ford, of %hanks to the clergy of Austin 80Resolu*ion, by Ford, of extra pay co assistn clerks 820Res01fftibn, by West, requesting the Secretary of State to emplpy suffi-

cient force on the copy of constitution ...820

Seats to draw for 8, 14Suffrage, to limit to poll tax payers 29. 61, 190, 406, 42.qSchool lands, county 29, 65, 84, 123, 368, 394, 433Suffrage, vho shall exercise right of 40, 9SchSoi, public, 45, 55, 79, 80, 119, 123, 136, 142, 395, 510, 51t, 516, 523, 608St6ographer 50 100 108 125.S.eil6ol lnds, public .’...53,Suffrge’restricting 53, 139, 142, 176School fund 60, 107, 143School fund, not to be appropriated to sectarian schools 84Superintendent of Public Instruction o furnish scholastic population

and amount of money distributed, etc.... .. ".. .... .: .. 85’ 113.Sunday law 2".. . .- . 8.Salaries of State officers .90, 101, 113, 133, 174Sales, forced, to publish 91Spanish titles 94, 103, 675Sute of limitations 139, 186Sheriffs [.".Superintendent of Public Instruction 149, 340School law, to revise, ere 185Surveyors, Governor to appoint 189Suffrage, female 191, 196, 280Settlers, to grant lands to 196, 224Secretary of State to furnish registered vote of State 201, 369Spanish language, to print constitution in (see constitution.)Secretary of State to furnish certain information 431, 352Suffrage, article on 237, 314, 322, 331, 375, 383Separate property of wife, (see Property.)Smith, heirs of W. A 195, 290, 305, 364,gtatesman, Democratic, to inquire into charges made by 321, 326, 808Sanitary regulations 170, 32, 324, 328, 371, 462, 463Stewart, W. H., sworn in 522


INDEX.

Toll and wharfage 32Towns and counties, to prevent, giving aid to railroads, ete 33, 43Taxation to be equal and uniform, and no occupation 33Taxation, to regulate 37Teachers, concerning pay of 41, 40lTaxes, State and county, to be collected in lawful money 48Titles to land, concerning 79Tax, road, to suspend collection of 84Taxation, concerning 92Taxes on land in unorganized counties to be paid, etc., at Comptroller’s

office 100Tax on produce in hands of producer 100Tax, income and occupation 118Tax, corporation, to limit 135Ta bills, to itemize.Taxes, back, to collect 152, 216Taxes, county, to limit 191Taxes, by non-resident owners of continuous lines of inter-State com-

munication 192Taxation and revenue 378, 404, 422, 431, 450, 454, 464, 485, 489, 492,

495, 508, 509, 524, 527, 529, 526, 608.Texas and Pacific railroad 607, 619, 684

VUniversity, State 104, 119, 134, 149, 691, 776, 781, 789

Y

Vote, registered, of the State, to ascertain 28, 70, 201Venue, change of, ec 147Verdict of nine jurors to be sufficient. 191Veterans of Texas, Mexican war 450, 514

W

Water, Sergeant-at-arms to furnish 51Wages, certain exempted from garnishment 120Wife’s separate property. (See property.)

Y

Youngblood, M., communication from 299


journal of the constitutional convention of the state of

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