New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-03-16

Special to The New Orleans CreScentI
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The Convention met. Quorum present. Prayer
by the Chaplain.
Mr. Wharton, chairman Of the select committee
to define treason against the State Of Texas, makes
the following report
The select Committee of Seven, to whom was
assigned the duty of reporting an ordinance to de-
fine and punish treason. respectfully report, that
after careful and critical exami ination OF the de.
finti0n Of treason embodied in the Constitution OF
Texas, which is as follows: "Treason against the
State shall consist only in levying war against it.
or adhcring to its enemies, giving them aid and
comfort. No person shall be convicted of treason
rnless the Testimony Of two Witnesses to the
same overt act, his own confession in open
court" There is no necessity to change that (which
experience has sanctioned aud approved; belicV-
ing that departure from settled uaageE, without
an adequate necessity, would prove both unWIse
and inexpedicnt.
Whilst the committee ia of opinion that no
change should be made in the Constitutional defni-
ton of treason, yet they think that the power
lodged by the Penal Code in a jury, which
leaves it discretionary with the jury to punish
treason, either by death imprisonment for life
in the Penitentiary, is unwisa and improper; and
beeyng further, that the only penalty for treason
should be death, they report the following ordi-
| nance, and recommend it's adoption:
An ordinance to punish treason with death
By leave Mcssrs Montgomery and Washington
was allowed to have the following protest spread
upon the journals and their Toten changed accord
| ingly:
| The undersigned delegates from Washington
| county ask leave to change their votes on the
ordinance passed on the eth nat. uniting the State
of Texas with the Confederate States Of America.
| The undersigned objected to and row protest
against the second section Of said ordinance, far
sa the same relates to the formation, by our dele
| gates to the Congress of the Confederate States
| OF Constitution for Permanent Government
| for said States, deemiHg it neither e3pedIent OF
right to clothe eaid delegates with such unlimited
| powers as we cOnceve them to be clothed with by
said second section. BY the operation OF the
previous question, we were precluded from raising
at the time Of its passage our objections thereto
| We, therefore, ask the permission of the ConTen
ton to spread this protest the j0urnala Of this
Convention, and that we be allowed with thi:
| protest to vote "aye."
Several ordinances were then introduced, feat
| first and second time, ard referred to the appfo
| PIRATE committees.
Mr. Stewart, of Gonzales, introduced an ordi
nance relating to the construction of railroad
| from San Antonio to the Pacific Ocean. Raat
| first and second time, and referred to the com
| nittce on Federal Relations.
| SECRET SESsIOE.-Mr. Rogers, Of Harrg, sub
| mitted the following report
| The undersigned, appointed a committee to wal
| on the Governor under resolution Of this ConVen
ton, respectfully report, that in discharge of the
| duty assigned them, they called upon the Cover
nor in person, and handed him copy of the &C
| companying letter, together with copy Of tht
resolution Of this body authorizing said appoint
nient. In response, your committee have received
| the accompanying letter from the Governor, all o
| which is respectfully submitted.
AUSTIN, TEXAS March s, 1851
| 70 his ExceI1cncv Sam Honston, Gorernor:
| Dear Sii--The undersigned have been appointed
a committee, by the Convention of the people O
Texas now in session, to present to your EXCEL
!ency the accompanying resolution, passed this day
| by that body. This duty we now most respect
| fully perform, and will with pleasure, be the
| bearers Of any communication your EXcellency
/ may wish to maketo the Convention in reply.
with sentirlcnts of esteem and regard,
We remain your EAcsIeTey,ss 0ms She5sgt servants,
TH0s J.JE%NINGs,
T IS B. RRoRERTaoN. RVFsaoN
w. A. MONTGOMERY.
E4EcsT1vE r1I: nErAETnEsT; Iaa:s: ,sc,
sessrs W P Rogers, A. s. Broaddus nls Committee:
| Ge7tlenen--In reply to your communication o
! the 5th, can only say, when the Legislature au
thorzed the Convention to submit the proposition
to the people Of Texas on the subject Of secessio!
from the Federal Government Of the United States
it was understood that the performance of that act
| when done, would terminate the existence of thu
Convention. The Executive approved the SAINT
with protest against the shoTtness of the time al
| lowed, owing to the great limits of our State.
| BY q subsequent act of the Legislature, it wa;
required that the returns Of the vote should be
made to the Office Of the Secretary of State, ant
counted iu the presence OF the Governor and Att0r
| neY, General. The votes were counted and the re-
suit declared by proclamation-that a majority Of
the votes cast was in favor Of secession
By an act of the Legislature, the Convention was
| cnnowered only to submit the question of seces
|
formed the functions assigned it by the Legislature
and in the opinion Of the Executive, its powers
| were then exhausted.
| The Executive will recommend to the Legsla
turc which is to assemble on the 8th inst, to take
into consideration the important issues arising on
of the Of our connection with the United
| States, with such recommendations and fugges
| tions as he may think proper in the discharge 0
this duty. 1t will then be in the province of the
Legislature to take such action on the subject, a.
it may think proper. and also to call Convention
directly from the people, who will fairly represeD
| their wishes and opinions, aud who will have au
| thnry to make such changes in the Constitution o
the State, as her present and future relation to thu
world at large may require
| Until then, it will be the duty Of the Executive
as well as all State officers to contiuue in the law
full discharge of their functions, confning their
| ton to the sphere Of Texas alone.
| The Executive tenders his respects to the gentle
| men of the Convention, and assures you, gentle
| men, individually Of bis esteem.
| SAM HOUSTON.
Mr. Graham moved to refer the report to a com
r1itteG of ten, to be select.
Mfr. Stewart, of Gonzales, offered the following
| as q substitute:
Whereas, the Convention having received q CON
| muniCatiOn from his EXCceney, Sam. Houston, q
the 9th inst, through committee of this body. az
| pointed to wait on and communicate with him
deem it proper to dissent from the sentiments c
said communication as to the powers of this Cor
venton, and take this occasion to declare that th
HOuy Is tHe representative VI tiG pehplS III t'G
sovereign capacity. being elected by the sovereig
people in accordance with the Bill of Rights. whic
declares that all power is inherent in the people
and they have an inalionahIe right to change
abolish, alter or modify their form Of Governmer
| in such manner as they deem eYpedient; and til
people having elected this Convention, and III
Legislature having accepted and adopted it, an
the people having again responded TO its acti0
| by q ratification Of the Ordinance of Secession b
an unprecedented majority. this Convention wi
not shrink from the responsibility devoIving upO
r it rs Convention Of the sovereign people Of til
State clothed with all the power that the peep
could concr. The Convention regrets the c0nfi
between the Governor and the people; but as
| all conflicts between the people and individual
the latter must yield SO in this case His EXCellent
> must yield, and bow to the sovereignty of the pc
> pie; and the Convention will accordingly prepa
y an ordinance suited to the emergency, of whit
y the Governor will be duly notified, as soon az II
', | necessary ordinances can be prepared. Therefor
. ResOlUCa further That said communication
laid upon the table, and the Committee on the Go
stitution be instructed to prepare and report
I, ordinance suited to vindtcate the majesty OF t
: people.
I; On motion of MIR. Wharton, the substitute W
!. | laid on the table
= On motion of Mr.. Chiffon, the injunction of
T | CrGsy was removed.
L On motion, the Convention adjourned till to nj
-, row at 10 O'Clock.
j AUsrls TEXAS, March s. 1861,
L. 10 O'clock, A. NJ.
Convention met Roll called. Quorum prese
. Prayer by the Chaplain.
t, Mr. Hall presented a communication from G
/ Nathan, Business Director of the European d
s. Southern Direct Trading Company at New Orlea
" II.I1.