TKXAS. 



741 



restore oflK-e; forfeit !, or property or interests rested 



pii-u.-" 1 ol' tin 1 OO1 ' JH'I^- 



Th" |>.iril"ii produced by tin- p. ' 

 -ilon lor all ohVnc-.'s l>y him committed arising 



t or implied in tin- rebellion, 



lii'ions which hu\. 



I \\iih. Tlio clloct of this pnr.lon is in i 

 ;ti..n<T from nil penalties and disabiliti 



co committed by his participation 



. chrlliiin. So far as tli;it orTn.-" 1 i- i-onccmed, 



.\ond the reach of punishment of 



any kiinl ; Inn to exclude htm by reason of that of- 



: ..ntiiiuiii^ in the cnjoyim-n' of previously 



.1 n,'lit, is to' enforce :i punishment for that 



notwithstanding the pardon. If sucb e.xclu- 



cH'ected by the execution of an cxpur- 



oath covering the offence, the pardon muv l>o 



!, and that accomplished indirectly which 



1 !>y (liri'i-t legislation. It is not 



witiiin the CODStUutiODaJ power of Congress thus to 



infli.'t punishment boyoud the reach of % Executive 



clemency. 



From "the petitioner, therefore, the oath required 

 by the act of January 24, 180r>, cannot be exacted, 

 even were that act not subject to any other objection 

 than the one just stated. It follows, from the views 

 expressed, thut the prayer of the petitioner must be 

 granted. 



A dissenting opinion in both cases was read 

 by Mr. .Ins-tire Miller, and concurred in by Chase, 

 0. J., and Davis and Swayno JJ. The minor- 

 ity of the court hold, in reference to the act of 

 liat it is within the legislative power 

 of that body, in its control over the courts :-.nd 

 their officers and that it is not void as being 

 either a bill of attainder, or an cx-post-facto law ; 

 that the oath required as a condition to prac- 



- law is not a punishment, and that there- 

 fore the pardon of the President does not relievo 

 the party. The reasoning applies equally to the 

 Missouri case. 



TKXAS. The members of the State Con- 

 vention, elected under the proclamation of Pro- 

 visional Governor Hamilton issued November 

 '!", 1 *'>">, assembled at Austin, the capital, on 

 Feb. 10, 1866. This body comprised some of 



si talent and oldest citizens of the State. 

 Some delay took place in organizing the con- 

 vention, in consequence of an effort to require 



u-mbers to take the amnesty oath I'm- a 

 second time. It was unsuccessful. J. W. 

 Throckmorton was elected president of the 

 convention. The Provisional Governor stat. "! 

 that the apathy among the people with regard 

 to the convention had been so great, there wax 

 reason to believe that less than half the re- 

 gistered voters participated in the election. lie 

 urged upon the convention a denial of the right 

 of secession, the recognition of theaboli; 

 slavery, the. repudiation of the war debt, the 

 grant of civil rights to the freed men, with the 

 view of conferring upon them at a furure day 

 political privileges. The session of the conven- 

 tion continued until April 2.">th, when it clo-ed 

 by adjournment sine die. The following ordi- 

 nance was adopted, declaring the original ordi- 

 nance of secession to bo null and voi<l : 



J?t it ordained by the People of Texat in Convention 

 assembhd. That we acknowledge the supren 

 the Constitution of the United States, and the laws 

 passtd in pursuance thereof; and that an ordinance 



d by a former contention of Ibe people of 



Texu, on the 1st day of February, A. n., 1861, en. 



An ordinance to dissolve the Union between 



.ite of Texas and th<- oih.-r States united, 

 the compact styled ' Constitution of the United 

 of America,' " be and the same is hereby declared 

 null :ind void ; and the right heretofore claim 



to of Texas to secede from the Union, i - 

 by distinctly renounced. 



"With regard to the debt contracted during 

 the war, the following ordinance was ud"j 



Be it ordained by the People of the State of Texat in 

 Convention asaemukd. That ull debts created by the 



T Texas in aid of the late war, directly or in- 

 , sin- hereby declared null and void: and the 



.uro shall have no authority, and they are 

 heri-liy forbidden, to ratify the same, or to assume 

 ii provide for the payment of the same, or any part 

 thereof. 



J. fie it further ordained, That the Legislature 

 of this State shall have no authority, and are hereby 

 fi.'i-liiddcn to assume, or make any provision for, the 



nt of any portion of the debts contracted or 

 incurred, directly or indirectly, by the Confederate 

 States, or by its agents, or by its authority. 



SEC. 3. jft it further ordained, That the Legislature 

 of this State shall have no authority, and are hereby 

 forbidden to assume or make any provision for the 

 puvmunt of any portion of the debts contracted or 

 incurred, or warrants issued by this State, from the 

 '2 >th day of January, 1861, until the 5th day of Au- 



1855, except warrants issued in payment of 

 services rendered, or liabilities incurred, before the 

 said 28th day of January, 18C1. 



The eighth article of the State constitution 

 was struck out, and in its place was inserted 

 the following article conferring civil rights on 

 frecdmen : 



SEC. 1. African slavery, as it heretofore existed, 

 having been terminated within this State, by the 

 iimcnt of the United States, bv force of arms, 

 and its reCstablishment being prohibited by the 

 amendment to the Constitution of the United States, 

 it is declared that neither slavery nor involuntary 

 servitude, except as a punishment for crime, whereof 

 the party shall nave been duly convicted, shall exist 

 in this State ; and Africans and their descendants 

 shall be protected in their rights of person and 

 property by appropriate legislation ; they shall have 

 the right to contract and be contracted with ; to sue 

 and be sued ; to acquire, hold, and transmit prop- 

 erf v ; and all criminal prosecutions against them 

 shall be conducted in the same manner as prosecu- 

 tions, for like offences, against the white race, and 

 they shall be subject to like penalties. 



SEC. 2. Africans and their descendants shall not be 

 prohibited, on account of their color or race, from 

 tiMilyini: orally, as witnesses, in any case, civil or 

 criminal!" involving the right of injury to or crime 

 against any of them in per.-on or property, under the 

 same rules of evidence that may be applicable to the 

 white race; the credibility of their testimony to bo 

 determined In the court or jury bearing the same) 

 and the legislature shall have power to authorize 

 them to testify ns witnesses in all other cases, under 

 such regulations as may be prescribed, a* to facts 

 hereafter occurring. 



An ordinance was also passed granting to the 

 it ure under the constitution power to 

 give the consent of the State to the erection of 

 a new State or States within the present limits; 

 also another making it the duty of the Legisla- 

 ture to issue bonds to restore the funds to the 

 . A motion to make tlm white in- 

 ; itits of the State a basis of representation 



