WHEREAS, Within the last six months whole families of loyal citizens of the United States have been shamefully and brutally murdered by Indians upon the Northwest frontier of Texas; and, whereas, a large number of women and children have been carried into captivity by remorseless savages, whose depredations upon life and property are daily becoming more frequent and bold; and, whereas, the protection of the frontier from depredations by hostile Indians, has always been, and is now, a matter of great Texas; and, importance to the people of Texas; and, whereas, a large portion of the Northwest border is now, and has been for several months, almost entirely at the mercy of hostile Indians, and, under the force of existing is

7

that unfortunate condition military posts shall have been re-established along the frontier border; and, whereas, we rely upon the disposition and the ability of the United States Government to re-establish those military posts, and to protect the frontier. Now, therefore, be it

until United Sely to remain in

Resolved by the delegates of the loyal people of the State of Texas, in Convention assembled, That his Excellency, Andrew he is hereby respectfully solicited to take into immediate consideration the present deplorable condition of the frontier people of Texas, and to render to them that early and efficient protection of which they are in so much need.

Johnson, President of the United States, be andcy, Andrew

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Resolved 2d, That his Excellency, A. J. Hamilton, Provisional Governor of the State of Texas, be and he is hereby respectfully requested to forward a copy of the foregoing preamble and resolution to his Excellency, the President of the United States, with such an approval and recommendation as he may teel that his knowledge of the facts in the premises will warrant him in making.

Passed February 21, 1866.

NUMBER 8.

WHEREAS, The Convention, at a former day, passed resolutions declaratory of the defenceless condition of the people settled upon the frontier of the State; and,

WHEREAS, authentic information has been received by the Convention from almost all the counties of the frontier, of exten

sive raids by Indians since that time-raids in which large herds of horses and cattle were stolen and driven off, and many men, women and en and children, murdered and mutilated in the most barbarous manner, and many others carried away into captivity, hose condition is far worse than that of those who suffered death by the tomahawk and scalping knife; and,

demonstrate without

WHEREAS, whole counties on said frontier, heretofore settled, W have been depopulated by savage incursions, and it being fully that, efficient aid, speedily afforded, the people of the frontier counties must, and inevitably will, give way, and the settlements recede still farther into the interior; therefore, ont to goit Be it resolved by the people of Texas, in Convention assembled, That the Governor be requested, and he is hereby authorized to appoint immediately a suitable commissioner to repair to Washington City to make known to the General Government the condition of the people settled upon the frontier of this State; and that State is utterly powerless to afford the necessary aid and protection.

Be it further resolved, That said commissioner is hereby init! structed to urge upon the President and Secretary of War the fact, that the "Kickapoo" tribe of Indians now settled in Mexico, between Piedras Negras and Santa Rosa, are continually mang raids into the settlements of Texas, and killing and ra carrying M off our citizens and off large quantities of cattle and horses into Mexico; that they are well armed, and savage in the warfare they wage; and now have in their possession numbers of white children, captured in their raids; and also the necessity of sending immediately a sufficient number of troops to occupy the posts heretofore occupied by the United States forces, between Red River and the Rio Grande, in order that the frontier of the State may be fully protected, and the people secured in the secured in their persons and property.

Passed March 21, 1866.

NUMBER 9.

AN ORDINANCE,

SECTION 1. Be it ordained by the people of Texas, in Convention assembled, That the Constitution of the State of Texas

shall be as follows The Constitution of the State of Texas, as in force on the 28th day of January, A. D., 1861ando ho

The following Ordinances adopted by this Convention i The Ordinance entitled Freedmen," adopted as a substitute for Article 8th in the Constitution in force in January 28th, 1861.

The Ordinance declaring the war debt void, and for other purposes.b er said bus 29

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The Ordinance assuming the United States Direct Tax.poids The Ordinance on the subject of Secession.: (Pis vonally (6) SEC. 2. All other amendments that may be made by this Convention shall be submitted to the people at the first general election, or on the fourth Monday in June, 1866, for their tacceptance, or rejection; and if accepted by them, shall become a part of said Constitution, and not otherwise. The amendments submitted to the people shall present the whole Constitution as proposed to be amended.

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SECTION Any county, city, or town of this State, may become a stockholder in, or loan its credit to, any company, association, or corporation; provided, two-thirds of the qualified electors of such county, city, or town, voting at an election held therein, under rules and regulations prescribed by law, assent to the same.

Passed March 29, 1866.

MAKING VALID THE LAWS AND ACTS OF OFFICERS THEREIN MENTIONED, AND FOR OTHER PURPOSES.

SECTION 1. Be it ordained by the Representatives of the people of Texas, in Convention assembled, That all laws and parts

of laws enacted by the Legislature of this State since the first day of February, 1861. not in conflict with the Constitution and

laws of the United States, nor with the titution of this

State as it existed prior to the 1st day of February, 1861, and not in conflict with the Provisional Governor's proclamations opening the courts, and authorizing the institution of suits, are declared to be in full force as laws of this State; and all the acts of courts, and officers of courts, and the acts of the different officers of the State, executive, judicial and ministerial, done in compliance with the laws of the State, and in conflict neither with the Constitution and laws of the United States, nor with the Constitution of this State, as it existed prior to the 1st day of February, 1861, are declared to be valid; provided, that nothing in this ordinance shall be so construed as to render valid any law of the Legislature, or the acts of any officer, or any judicial proceeding declared void, or annulled by this Conven

tion.

SEC. 2. It is further ordained, That the acts of all the officers appointed by his Excellency A. J. Hamilton, Provisional Governor of the State of Texas, done in accordance with the laws of said State, are hereby declared to be as valid and binding as if said officers had been elected or appointed in the manner prescribed by the Constitution and laws of said State.

SEC. 3. Be it further ordained, That all the ordinances, resolutions and proceedings of a Convention of the people of the State of Texas, begun and held on the 28th day of January, 1861, and on the 2d day of March, 1861, together with the amendments to the Constitution adopted by said Convention for this State are declared null and void. +

SEC. 4. Be it further ordained, That no suit or prosecution shall be maintained, or recovery had, against any agent, bailee, executor, administrator, or trustee, who may have been compelled by virtue of the acts of the Confederate Congress, in good faith, to surrender and deliver to the Confederate States' Receivers property or moncy in their hands, held as such agents, bailees, executors, administrators, or trustees; and in all cases where executors, administrators, trustees, agents, or bailees have received and paid out Confederate or State currency, the courts, in the settlement of their accounts, shall be governed by principles of justice and equity, as well for the protection of the rights of heirs, and creditors, as of such executors, administrators, trustees, agents and bailees.

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SEO. 5. Be it further ordained, That no person shall be sued in any civil action, nor prosecuted in any criminal proceed

ing, for or on account of any seizure, sale, impressment, or injury to property or person, or other act done since the 2d day of February, A. D. 1861, by virtue or in pursuance of military or civil authority given by the Confederate States Government, or by this State, or in pursuance of orders given by any person vested with such authority; nor shall any person be held responsible, in any civil action or criminal prosecution, for any such injury to person or property, in which he was not an actual participant, or accessory before or after the fact, according to the rules of common law.

SEC. 6. Be it further ordained, That in all civil actions, the time between the 2d day of March, 1861, and the 2d day of September, 1866, shall not be computed in the application of any statute of limitations.

SEC. 7. Be it further ordained, That in all suits now pending, or that may hereafter be instituted, upon contracts in writing, made since the 2d day of March, A. D., 1861, and prior to the 2d day of July, 1865, payable in dollars and cents, parol testimony may be introduced to show the intention of the parties to the transaction; and such parol testimony may be introduced to show that dollars in Confederate, or other paper currency, were intended, and the marketable value thereof at the time of maturity; and the same rule shall obtain where such currency was the consideration of a contract which is otherwise valid.

SEC. 8. Be it further ordained, That all persons domiciliated in the State of Texas, who were absent during the late civil war, against whom any judgment was rendered in this State, since the 1st day of February, A. D., 1861, and previous to the 1st day of August, A. D., 1865, wherein service was obtained by publication, and there was no personal appearance in the suit, and wherein there was no personal service upon, or appearance by, a party who left the State after the 1st day of February, 1861, shall have two years from the 1st day of April, 1866, within which to re-open and, set aside such judgment, upon the ground of such absence from the State, which shall have the effect to set aside any sale or disposition of any property of such absentee, made under or by virtue of such judgment.

SEC. 9. Be it further ordained, That no court of this State shall take cognizance of any suit or suits against any county of this State, to recover any debt contracted or incurred by any of said counties, in support of the late civil war; nor shall the people of any county in said State be taxed to pay any such debts.