The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922 Page: 46
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46 The Southwestern Historical Quarlerly
have concurrent authority; (2) that the legislature should provide
for an enumeration of the free inhabitants and the qualified voters
in 1846, 1848, and 1850, and every eight years thereafter, and
that the number of representatives should be fixed at the several
periods of enumerations; (3) that the Senators should be chosen
by the qualified electors for a period of four years, and that the
representatives should be chosen in the same way for a period of
two years; and (4) that members of each house should receive a
compensation of three dollars for every day of attendance.55
As the location of the seat of government was very closely asso-
ciated with that of representation, this was now considered by the
convention. After a short discussion Austin was designated as
the capital until 1850. At that time an election was to be held,
and the city receiving the majority of votes cast should be the
capital until 1870, unless the state should be divided previous to
3. Addditiona'l Problems Considered
In addition to framing the government, the convention consid-
ered various propositions. Of these, that pertaining to the land
claims was the most intricate. Lengthy debates were engaged in
upon the propriety of inquiring into the forfeitures of land under
the laws of the republic. The constitution of 1836 had taken
positive grounds in repudiating some of these claims, and it was
concluded simply to reaffirm the law as it stood before the con-
The proposition made by A. S.. Cunningham that all persons
who left the country for the "purpose of evading a participation in
the revolution of 1836, or who refused to. participate in it, or who
aided or assisted the Mexican enemy" should forfeit all rights of
citizenship and such lands as they held, provoked much angry
discussion. H. L. Kinney considered this very unjust since it
would deprive many loyal Texans of their homes. Furthermore,
he believed that the insertion of such a clause in the constitution
would keep the United States Congress from approving it, as it
would cause so much trouble with Mexico and the people of the
' Journal of the Convention, 341-346.
'"Journal of the Convention, 340; Debates of the Convention, 559-564.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922, periodical, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101082/m1/52/: accessed December 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.