event one half of the proceeds derived from said sale shall become a part of the perpetual school fund of the State; and the Legislature shall hereafter appropriate one-half of the proceeds resulting from all sales of the public lands to the perpetual public school fund. SEC. 4. The Legislature shall provide, from time to time, for the sale of lands belonging to the perpetual public school fund, upon such time and terms as it may deem expedient; provided, that in cases of sale the preference shall be given to actual settlers; and, provided further, that the Legislature shall have no power to grant relief to purchasers by granting further time for payment, but shall in all cases, provide for the forfeiture of the land to the State for the benefit of a perpetual public school fund; and that all interest accruing upon such sales shall be a part of the income belonging to the school fund, and subject to appropriation annually for educational purposes. SEC. 5. The Legislature shall have no power to appropriate or loan or invest, except as follows, any part of the principal sum of the perpetual school fund for any purpose whatever; and it shall be the duty of the Legislature to appropriate annually the income which may be derived from said fund, for educational purposes, under such system as it may adopt; and it shall, from time to time, cause the principal sum now on hand and arising from sales of land, or from any other source to be invested in the bonds of the United States of America, or the bonds of the State of Texas, or such bonds as the State may guarantee.. SEC. 6. All public lands which have been heretofore, or may be hereafter, granted for public schools, to the various caunties or other political divisions in this State, shall be under the control of the Legislature, and may be sold on such terms and under such regulations as the Legislature shall by law prescribe; and the proceeds of the sale of said lands shall be added to the perpetual school fund of the State. But each county shall receive the full benefit of the interest arising from the proceeds of the sale of the lands granted to them respectively; provided, that the lands already patented to the counties, shall not be sold without the consent of such county or counties to which the lands may belong. SEC. 7. The Legislature may provide for the levying of a tax for educational purposes; provided, the taxes levied shall be distributed from year to year, as the same may be collected; and, provided, that all the sums arising from said tax which may be collected from Africans, or persons of African descent, shall be exclusively appropriated for the maintenance of a system of pub lic schools for Africans and their children; and it shall be the duty of the Legislature to encourage schools among these people. SEC. 8. The moneys and lands heretofore granted to, or which may hereafter be granted for the endowment and support of one or more universities, shall constitute a special fund for the maintenance of said universities, and until the university or universities are located and commenced, the principal and the interest arising from the investment of the principal, shall be invested in like manner, and under the same restrictions as provided for the investment and control of the perpetual public school fund, in Sections four and five (4 and 5) in this Article of the Constitution, and the Legislature shall have no power to appropriate the university fund for any other purpose than that of the maintenance of said universities, and the Legislature shall, at an early day, make such provisions, by law, as will organize and put into operation the university. SEC. 9. The four hundred thousand acres of land that have been surveyed and set apart, under the provisions of a law approved 30th August, A. D. 1856, for the benefit of a Lunatic Asylum, a Deaf and Dumb Asylum, a Blind Asylum, and an Orphan Asylum, shall constitute a fund for the support of such institutions, one-fourth part for each; and the said fund shall never be diverted to any other purpose. The said lands may be sold, and the fund invested under the same rules and regulations as provided for the lands belonging to the school fund. The income of said fund only shall be applied to the support of such institutions; and until so applied, shall be invested in the same manner as the principal. SEC. 10. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint an officer to be styled the Superintendent of Public Instruction. His term of office shall be four years, and his annual salary shall not be less than ($2,000) two thousand dollars, payable at stated times; and the Governor, Comptroller and Superintendent of Public Education, shall constitute a Board to be styled a Board of Education, and shall have the general management and control of the perpetual school fund, and common schools, under such regulations as the Legislature may hereafter prescribe. SEC. 11. The several counties in this State which have not received their quantum of the lands for the purposes of education, shall be entitled to the same quantity heretofore appropriated by the Congress of the Republic of Texas, and the State, to other counties. And the counties which have not had the lands to which they are entitled for educational purposes, located, shall have the right to contract for the location, surveying and procuring the patents for said lands, and of paying for the same with any portion of said lands so patented, not to exceed one-fourth of the whole amount to be so located, surveyed and patented-to be divided according to quality, allowing to each part a fair proportion of land, water and timber. BALERANDARTICLE XI. SEC. 1. All certificates for head-right claims to land, issued to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were null and void from the beginning. ARTICLE XII.-LAND OFFICE. SEC. 1. There shall be one General Land Office in the State, which shall be at the Seat of Government, where all titles which have heretofore emanated, or may hereafter emanate from Government, shall be registered; and the Legislature may establish from time to time such subordinate offices as they may deem requisite. Done in Convention by the Deputies of the people of Texas, at the city of Austin, this second day of April, in the year of our Lord one thousand eight hundred and sixty-six. In testimony whereof we have hereunto subscribed our names. PROTEADOR J. W. THROCKMORTON, President of the Convention. JAMA D. C. DICKSON, President pro tem. Attest, LEIGH CHALMERS, Orth, sick Rynek Secretary of the Convention. R. F. Slaughter, J. H. Parsons, Edmund J. Davis, P. C. Woods, T. N. Waul, H. R. Ruunels, A. H. Phillips, Isaiah O'Brien Richardson, A. W. Spaight, George C. Benge, James E. Ranck, A. B. Norton, O. M. Roberts, J. W. Flanagan, Jack Davis, A. P. Shuford, A. M. Gentry, J. W. Whitfield, James W. Henderson, F. A. Hill, J. M. Hurt, Wells Thompson, W. C. Dalrymple, F. J. Parker, Geo. W. Jones, J. K. P. Record, Geo. W. Smith, A. Harwood, Jas. M. Lindsay, J. Lafayette Camp, Daniel Murchison, A. J, Ball, J. L Halbert, H. W. Nelson, W. P. Beall, Benjamin R. Tyus, B. T. Selman, M. T. Johnson, R. A. Reeves, W. P. Bacon, R. H. Lane, Wm. R. Anderson, B. G. Shields, James Shaw, Amzi Bradshaw, John K. Bumpass, Hardin Hart, Orin Drake, X. B. Saunders, J. S. Porter, J. M. Young, W. B. Middleton, H. P. Mabry, Richard S. Walker, W. P. Saufley, James M. Norris, Benton Randolph, John Hancock, William E. Jones, A. Smith. PROCLAMATION BY THE GOVERNOR, ON THE AMENDMENTS TO THE CONSTITUTION. WHEREAS, it appears by the Official returns in the Office of the Secretary of State, that at the election held on the fourth Monday in June, of the present year, as provided for by the Ordinance of the Convention of Texas, passed 29th day of March, 1866: "For the Ratification of the Amendments to the Constitution," there were cast for said Amendments so submitted to the people, twenty-eight thousand one hundred and nineteen (28,119), and against said Amendments, twenty-three thousand fourhundred (23,400) votes. Now, THEREFORE, I, JAMES W. THROCKMORTON, Governor of the State of Texas, in accordance with the provisions of a Joint Resolution of the Legislature of said State, approved October 5th, 1866, do by these presents make known and declare that the said proposed Amendments to the Constitution, by the vote of the people of said State, at the election aforesaid, were ratified and made a part of the same. IN TESTIMONY WHEREOF, I have caused the Great Seal of State to be affixed, at Austin, this 8th day of October, 1866. By the Governor : JAMES W. THROCKMORTON. J. A. GREEN, Secretary of State. ORDINANCES, &C. de stat ivory wa odeur to vie DECLARING THE ORDINANCE OF SECESSION NULL AND VOID. E HEKTA Be it ordained by the people of Texas in Convention assembled, That we acknowledge the supremacy of the Constitution of the United States, and the laws passed in pursuance thereof; and that an ordinance adopted by a former Convention of the people of Texas on the 1st day of February, A. D. 1861, entitled "An Ordinance to dissolve the Union between the State of Texas and the other States, united under the compact styled "Constitution of the United States of America, bey and the same is hereby declared null and void; and the right heretofore claimed by the State of Texas to gecede from the Union, is hereby dis tinc ly renounced, af betools sineral bar & butinered sala Passed 15th March, 1866. no rodiny & o geon rods. Bled Rale marub:0 eidi roh wilafai folt to s165 1 wheedi Low 0081 then land ve dedim NUMBER 2 16 taif fire do bolool AN ORDINANCE, ede 1760 DECLARING THE WAR DEBT VOID, AND FOR OTHER PURPOSES. AR DEBT VOID, AND Be it ordained by the people of the State of Texas in Convention assembled, That all debts created by the State of Texas in aid of the late war, directly or indirectly, are hereby declared null and void; and the Legislature snall have no authority, and they are hereby forbidden to ratify the same, or to assume or provide for the payment of the same, or any part thereof. SEC. 2. Be it further ordained, That the Legislature of this State shall have no authority, and are hereby forbidden to as 1 |