Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-02-24
Goyernor's Messnge.
EXECUTIVE 0rIIoE, I
Austin, Feb. 10, 1850.

mess ior which you have been convened
.at 20 receive any communication which
nay think proper TO make, feel u TO b
g duty To state TO you, frankly, and Al
ely as possible, my views upon the im
partant subjects which will most probably
engage your attention,
received my appointment, as Provis-
DUAL Governor Of Texas, from the Presi-
dent Of the United States, on the 18th day
u. June, Ammo pOmini, loG5. la his proc
lRmaiion Of that date, comforting the ap-
p0inlmeni, the President made u my duty,
cat the earliest practicable period, to pre-
scribe such rules aud regulations as might
be necessary and proper for converting a
Vonysniion, TO he composed of Delegates TO
he chosen by that portion Of the people OF
Texas who are loyal 10 tho United states,
and no others, for the purpose OF altering
or amending the Constitution thereof and
Nes.ing In mo authority to exercise within
the limits Of said State all the powers nee
casary aud proper TO enable such loyal
people Of the State of Texas to restore
sand State to It's constitutional relations to
the Federal Government, &c, Sc, provided,
that in any election that may be hereafter
hCll FOR choosing d lcentcs TO any State
Convention, as Aforesaid, no person shall
ne Qualified rs an elector, or shall be eligi-
bic rs q member Of such Convention, unless
be hall have previously taken and sub
scrlbed the oath Of amnesty, Ms set forth
in The Presidents proclamation of May
10Th, 1868, and Is n voter, qualified as pre-
s,rbed by the Constitution and laws Of tho
state Of Texas, in force Immediately before
the LIST day Of February, 1861
The Presidents Amnesty Proclamation,
Of he Goth Of May, made Il the duty of tho
Secretary Of ''tate of the United States to
prescribe rules and regulations for admin
storing and recording the amnesty oath,
20 rs to insure its benefits TO the people,
and guard the Government against fraud.
On the day Of the issuance of the Prcsi
dents proclamation, Mr.. Seward issued q
circular from the Department of State, in
which he directed that "thc oath prescribed
in the Presidents proclamation may be ta-
ken and subscribed before any commission
ed officer, civil, military or naval in the
service of the United States, or any civil
or military officer Of loyal State or Terri
tory, who, by tho laws thereof, may be quail
lied for administering oaths"
From this il will be seen that according
TO q strict construction of the rules pre-
scribed by the Secretary of Stats, none but
commissioned officer, civil, military or
naval, in the service of the United States,
or civil or military officer of a loyal State
or Territory, qualified by the laws thereof,
+ administering oaths, could properly ad-
minister The oath Of amnesty and make re-
,urn thereof. If had acted upon this rule,
as prescribed by the Secretary of State,
aree numbers of the people of Texas would
have been unable TO avail themselves Of the
6lemency of the President, and thus quail
~ themselves to vote for Delegates to o
Convention, within any reasonable time
Owing TO the immense extent of our inhab-
tied territory, many persons would have
been obliged to travel great distances to
ind an officer competent to administer the
oath of amnesty. Under these circum-
STAGES determined to act in tho spirit,
va her than in strict accordance with the
Letter of my Instructions. l vcntured up
" The plan Of organizing Board, in each
county in the State, so constituted as to
ju,,ify the expectation of frm and impair
ael action, for the purpose of administer
inT tho oath of amnesty to the people, at
the least possible expense and inconven-
ieroe. l knew we'll the beneficient purpose
Of the President, and his anxiety that the
people should qualify themselves, as speedi-
~ as possible, to vote for Delegates to n
Convention. trusted confidently to the
Justice and liberality of the President 10
approve of departure from instructions,
for the purpose of carrying into effect his
policy; and hoped that measure intend
I'D 10 promote the interest and convenience
Of the people, would be appreciated, and
received in a spirit of commendation in
stcnd of complaint.
! have reason to believe that some per-
sons who are entitled to respectful conside-
ration, are of opinion that / transcribed
the powers vested in me by the President,
when l authorized the Boards of Registra-
trston, established in the different coun-
ties to determine what persons were entitled
because Of their loyalty to the Government
of the United States, to be registered MS vo-
tiers; and also when assumed, in my proc.
lamation IF the 18th of November, last,
that persons who are within any of the ex-
ceptions to the Presidents Amnesty Proc
lamation, and who have not received q spec
ial pardon, were not eligible as Delegates
20 this Convention.
I think proper, therefore, that should
briefly state my views upon these points,
1! is contended by some, as am Informed,
that the President himself, fixed the quail
fcations of voters. by the provso contain
% in the second paragraph Of his prOcla-
nation comforting on me the appointment Of
Provisional Governor. / understand that
provso to be nothing more than limits-
'ion Of power granted to me to prescribe
rules and regulations for converting Con-
vention, composed of Delegates to be chosen
by that portion of the people who arc loyal
20 the United States. By that proviso the
President placed it out of my power to pre-
scribe rules that would permit any one to
vote who had not taken the amnesty oath,
and who did not possess the other qualifi-
cations prescribed for voters, by the Con-
stitution and laws, in force in this State,
Immediately before the date of the ordi-
nance Of secession. The proviso was not
intended to fl q rule for the benefit of the
people. II was intended to fix rule for
lue in the nature Of a Limitation upon my
powers, and for the purpose Of guarding
against weak and inconsiderate action on
my part. In my judgment, it is O great
mistake to assume that man is to be con-
Bidered loyal because he has taken the am
nesty OATH The President grants amnesty
TO the great bodyof the people, upon con-
diiion that they shall take the oath pre-
scribed, and thence orward keep and maintain
sad oath inriotdte. He does not act upon
the superstition that every man who shall
take the oath will thereby become loyal
Tie grants amnesty to the mass Of those
who have been in rebellion, because to show
mercy is part Of the wise, magnanimous
and parental policy of the Govarnuant of
which he is the head and continuing prom
Ives to support and defend the Constitution
and tie Union Of the States, and to abide
By and support the laws and proclamations
which have been made during the rebellion
with reference to the emancipation Of
slaves, are exaete1, that the clemency Of
the Government may not appear to be pros
titutsd TO dangerous and unworthy uses.