The Laws of Texas, 1822-1897 Volume 1 Page: 885
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Proceedings of the Convention at Washington.
65
The 15th section being under consideration, Mr. Maverick moved
to strike out the whole of the section.
And the question being taken thereon, it was decided in the nega-
tive.
On motion of Mr. Rusk, the rule was so far suspended as to au-
thorise the house to take up the following preamble and resolu-
tion.
Whereas, the late provincial government of Texas has ceased
from the exercise of its functions, and whereas, the power of ex-
tending pardon to persons convicted of crime, was by the late con-
vention, vested in the governor and council, the two co-ordinate
branches of that government: and whereas, this convention is ex-
pressly vested by the terms of their election, with plenary power,
touching the well-being of Texas: and whereas, the power of con-
ferring relief, from the severity and extreme rigor of the law, in
peculiar cases, is an important, and sometimes a deeply interesting
function of government, which should never be permitted to lapse
into nonentity, or which is fully equivalent to revert to the people,
the source of all power, who are incapable of the specific exercise
of any; therefore, be it, and it is hereby
Resolved, That the power of granting pardon or reprieve, in all
cases of judicial conviction of crime, resides in this convention,
and may be rightfully exercised by them.
On motion of Mr. Rusk, that the papers of John M. Smith and
others, be referred to a select committee of five, with leave to re-
port upon the same;
Whereupon, the President appointed Messrs. Rusk, Childress,
Conrad, Barnett, of Washington and Waller.
On motion of Mr. Zavala,
Resolved. That an interpreter be appointed by the convention,
charged with the duty of translating into the Spanish language
the constitution and laws of the republic of Texas;
And the question being taken thereon, it was decided in the af-
firmative.
Mr. Rusk presented the petition of Col. Morgan; which was re-
ceived and referred to a select committee of three;
And the question' being taken thereon, it was decided in the
affirmative;
Whereupon the President appointed Messrs. Rusk, Carson and
Hardeman said committee.
On motion of Mr. Barnett, of Washington,
Resolved, That the committee on military affairs be instructed to
draw up and to report to this convention, a commission for Joseph
T. Bennett, captain of a volunteer company, now at this place;
and that he, the said Bennett, be authorized to draw upon the gov-
ernment for all sums necessary to provision his company on their
march, to whatever point they may be ordered;
(885 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/893/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .