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Author: Subject: 092.886 Governor Pease Proclamation [TSLA] 25 Oct 1867
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[*] posted on 5-15-2015 at 10:15 PM
092.886 Governor Pease Proclamation [TSLA] 25 Oct 1867



PROCLAMATION
-------
EXECUTIVE OFFICE,
AUSTIN, TEXAS.


Whereas, doubts seem to be entertained in regard to what laws are to govern the action of the people and the officers of the civil provisional .government of Texas; it therefore becomes my duty to call their attention to the following laws and orders, from which said government derives its powers:

1st. The act of Congress to provide for the more efficient government of the rebel States, approved March 2nd, 1867, declares, that no legal State government exists in Texas; that Texas is made subject to the military authority of the United States, as thereinafter provided. It makes it the duty of the President to assign to the command of each military district, created by the act, an officer of the army not below the rank of Brigadier General.

It makes it the duty of each officer so assigned to protect all persons in their rights of person and property; to suppress insurrection, disorder and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow focal civil tribunals to take jurisdiction of and try offenders; or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose.

It also provides that, until the people of said State shall be by law admitted to representation in the Congress of the United States, any civil government which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States, at any time to abolish, modify, control or supersede the same.

2nd. General Order, No. 1, promulgated by Major Gen. P. H. Sheridan, on taking command of this district, March 19, 1867, declares, that, according to the provisions of the sixth section of the act of Congress above cited; the present State and municipal governments in the States of Louisiana and Texas are hereby declared to be provisional only, and subject to be abolished, modified, controlled, or superseded.

That no general removals from office will be made, unless the present incumbents fail to carry out the provisions of the law, or impede the reorganization; or unless a delay in reorganizing should necessitate a change. Pending the reorganization, it is desirable and intended to create as little disturbance in the machinery of the various branches of the provisional governments as possible, consistent with the law of Congress and its successful execution; but this condition is dependent upon the disposition shown by the people, and upon the length of time required for reorganization.

3rd. The additional supplementary reconstruction bill, passed July 19th, 1867, declares it to have been the true intent and meaning of the original and supplementary act that the governments then existing in the rebel States were not legal State governments, and that thereafter said governments, if continued, were to be continued subject in respects to the military commanders of the respective districts and to the paramount authority of Congress.

It also expressly gives to the commander of the district, subject to the disapproval of the General of the army, full power to suspend or remove from office, or from the performance and the exercise of official duties and powers, any officer or person holding or exercising, or professing to hold or exercise; any civil or military office or duty in such district under any power or authority derived from or claimed, under any so called State, or the government thereof, or any municipal or other division thereof; and upon such suspension or removal, to provide for the performance of the duties of the officer or person, so suspended or removed; by the detail of some competent officer, or soldier of the army, or by the appointment of some other person to perform the same; and to fill vacancies occasioned by death, resignation, or otherwise.

It also confirms the previous action of the district commanders in making removals and appointments, with a proviso that persons so appointed may be removed by the commander of the district or the General of' the army.

It also makes it the duty of the commander of the district to remove from office all persons who are disloyal to the government of the United States, or who use their officia1 influence in any manner to hinder, delay, prevent or obstruct the due and proper administration of the reconstruction acts.

It also provides that all persons hereafter elected or appointed to office in said district, under any so-called State or municipal authority, or by detail or appointment of the district commander, shall take and subscribe the oath of office prescribed by law for officers of the United States; and invests the General of the army with all the powers of suspension, removal, appointment and detail granted to district commanders.

4th. The several orders that have, from time to time, been promulgated by the commanding General of the Fifth Military District or by his authority, abolishing, modifying, controlling or superseding the laws of the so called State government as it existed on the 19th of March, 1867.

The evident intent and meaning of these laws and orders, from which this civil provisional government of Texas derives its powers, is:

That no legal State government exists in Texas; but that all the organic and statute laws of the so-called State Government of Texas as they existed on the 19th day of March, 1867, (the date of General Sheridan's General Order No. 1, before quoted) are rules for the government of the people of Texas and the officers of said civil provisional government, except so far as they are null and void by reason of their being repugnant to the constitution and laws of the United States, and except so far as they have been abolished, modified, controlled or superseded by the orders promulgated by the commanding General of the 5th Military District, or by his authority; and except so far as they may hereafter from time to time, be abolished, modified, controlled or superseded by the orders of the commander of the 5th Military District, or the General of the army, or the United States Government.

And, that the lawful officers of said civil provisional government of Texas are such as were in office on the 19th day of March, 1867, and have not since died, resigned or been removed from office; and such as have since that date been appointed and have qualified according to law.

In view of all the foregoing, and in discharge of the duty imposed upon me to take care that the laws of said civil provisional government be faithfully executed, I, E. M. Pease, Governor of Texas, issue this my proclamation, and hereby enjoin and require the people of Texas and the officers of the said civil provisional government to conform themselves hereto.

In testimony whereof I hereto sign my name and cause the great seal of the State to be hereto affixed, at the city of Austin, in said State, this the twenty-fifth day of October in the year of our Lord one thousand eight hundred and sixty-seven, and of the independence of Texas the thirty-second.

By the Governor: E. M. PEASE, Governor of Texas.
W. C. PHILIPS, Secretary of State.


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