Trees Planted by the Water: Early African American Legislators

July 10, 1868

Mr. McWashington offered the following resolution: Resolved, That the following be a section of the Constitution: ARTICLE - SECTION --. All marriages solemnized or had among free persons of color whilst in bondage, according to the rites existing among said persons, are hereby declared to be legal and binding, and arehereby made valid and all children born of said marriages are declared legitimate for all purposes. 

SEC. -. It shall be the duty of the Legislature to provide, by law, to protect the persons named in section -- in this article, in all their rights as married persons. On motion the resolution was referred to the Committee on General Provisions.

July 17, 1868

Mr. McWashington offered the following resolution:
Resolved, That the following shall be a section of the Constitution
:
SECTION - No person shall be imprisoned for debt in this State;
but this shall not prevent the General Assembly from providing for
imprisonment or holding to bail persons charged with fraud in con-

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'trating said debt. A reasonable amount of property shall be exempt
from seizure or sale for the payment bf debt or liabilities.
On motion, the resolution was referred to the Committee on Contingent
Expenses.
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July 17, 1868

Mr. MeWashington offered the following declaration:
Resolved, That the following be a section of the Constitution:
Any person who shall, after the adoption of this Constitution,
fight a duel, or send or accept a challenge for that purpose,
or be an aider or abettor in fighting a duel, either within this
State or elsewhere, shall thereby be deprived of the right of holding
any office cf honor or profit in this State, and shall be forever disqualified
from voting at any election, and shall be punished otherwise
in such manner as may be prescribed by law.
On motion the declaration was referred to the Committee on Political
or Legislative.

July 21, 1868

Mr. MeWashington offered the following resolution, and asked its
reference to the Committee on Judiciary:
Resolved, That the following shall be a section of the Constitu-.
tion:
SEC. -. The real and personal property of any female in this
State, acquired either before or after marriage, whether by gift,
grant, inheritance, devise or otherwise, shall, so long as she may
choose, be and remain separate estate and property of such female,
and may be devised or bequeathed by her the same as if she were a
femmre sole.
Laws shall be passed providing for registration of the wife's separate
property, and when so registered, and so long as it is not
entrusted to the management or control of her husband, otherwise
than as an agent, it shall not be liable for any of his debts, engagements,
or obligation.
It was so referred.

January 19, 1869 

Mr. McWasshington introduced the following declaration, and asked
its reference to the Committee on Judiciary:
DECLARATION
Repealing an act to incorporate the Central Transit Railroad Company.
SECTION 1. Be it declared by the people of the State of
Texas in Convention a :-;emnbled, That chapter 162 of the special
so-called laws of the so-called Legislature of 1866, entitled "An act
to incorporate the Central Transit Railroad Company," of which the
notorious and unmitigated rebels, Duff Green, G. W. Carter and
Pryor Lea are incorporators, be and the same is hereby repealed.
SEC. 2. This declaration shall be in force from and after its passage.
It was so ordered.

January 27, 1869

Mr. MoWaShington introduced the following resolution:
WIB:Er AS, A targe dlass of the citizens of Texas have volun-

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teered in the rebellion to defend their so-called rights and property;
and
WHEREAS, The government of the United States has declared
them a conquered people; and
WHEREAS, The government of the United States has restricted
them to law and order, by the laws of war and the policy of the
same; and
WHEREAS, It is the intent of the Congress of the United States
to have peace and harmony among the citizens thereof; and
WHEREAS, It is necessary for the people of Texas, in Convention
assembled, to look to the best policy of peace and order; and
WHEREAS, A large portion of the citizens of Texas have rendered
their allegiance to the government of the United States, and who rebelled
against the same; therefore,
Be it resolved, by the people of Texas in Convention assembled,
That no further disfranchisement shall exist in Texas without
the consent of or by the authority of the Congress of the United
States.
It was referred to the Committee on State Affairs.
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  Montgomery, Texas