Laws of the State of Texas. 21
of twelve months after the ratiiiuation of a treaty of peace between the Confederate
States and the United States, and at the expiration of said period to be dealt with
as hereinafter further provided.
Sec. 3. It shall be the duty of the Secretary of State, within sixty days after
the ratification of the treaty of peace aforesaid, to procure a complete list of all
persons then remaining confined in the Penitentiary under the provisions of this
act, with a full description thereof, including the name, age, complexion, height and
weight of every such person, and any other peculiar mark by which they may be
identified, together with the name, and residence, if known, of the alleged owner of
such, if any, as claim to be slaves; which said list he shall cause to be published
eight successive weels in newspapers, published in three different portions of the
State, one of which shall be at the Capital of the State, and no two of -which shall
be published in the same congressional district.
Sec. 4. At the expiration of twelve months after the ratification of the treaty of
peace aforesaid, a list of all persons remaining in the Penitentiary under the provisions
of this act, and not before then reclaimed as runaway slaves, shall boe furnished
by the Superintendent of the Penitentiary to the Secretary of State, and each
person thus remaining shall be remanded to the custody of the Sheriff of the county
wherein said Penitentiary is situated, who shall, within sixty days thereafter, expose
said person to sale at public auction, before the court-house door of said county, to'
the highest bidder for cash, due notice of the person to be sold and the time, place,.
'and terms of said sale having been first given, by advertisement published eight
successive weeks next preceeding said sale, in newspapers published-one at the
Capital of the State, and one in the county where said sale is to be made-or where
no newspaper is published in said county, then in some newspaper p-ublished elsewhere
in the State, and not at the Capital, having the largest circulation in the
county wherein said sale is to be made.
Sec. 5. The purchase money for each and every person thus sold shall be paid
by the purchaser to the Financial Agent of tile Penitentiary, and out of the proceeds
of said sale the Sheriff shall be entitled to receive the same commissions and fees
as are by law allo,wed in cases of execution, and the balance, if any, after payin,
all costs, fees and expenses arising out of the custody, maintenance, advertisement
and sale of the persons, after leaving the Penitentiary, shall be by said Financial
Agent, paid into the State Treasury.
Sec. 6. The Sheriff making a sale of any person under the provisions of this act,
shall forthwith thereafter make out in duplicate a full and clear account and statement
of such sale under his hand, and return one to the Secretary of State and one
to the Clerk of the County Court of the county wherein such sale was made, wvho
shall record the same among the proper records of evidences of ownership of slaves.
Sec. 7. The provisions of the laws of the State authorizing free persons of color
to choose their masters, or to leave the State, are hereby repealed as to all such
persons now in the State, who have invaded the State since the beginning of the
present wiar under the circumstances, or for the purpose specified in Section 1st, of
this act, and such persons shall be dealt with in all respects according to the provisions
of this act: Provided, That it shall not be necessary to have any judicial
examination of any such persons as are already confined in the Penitentiary, but
such person shall be.retained in such confinement for the term prescribed for other
cases arising under this act as though they had been originally committed for that
Sec. 8. The owner of any slave held in custody under -the provisions of
this act may reclaim his property as a runawava slave at any time after said
( 609 )
Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 5. Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth6727/. Accessed March 3, 2015.