The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922 Page: 47
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The Texas Convention of 1845
West in settling the dispute over the land situated between the
Nueces and the Rio Grande. It was finally agreed, therefore, that
all property should remain in precisely the same situation as
under the Republic.
An effort was made to suspend all colonization contracts made
by the president of the republic. It was contended that these
contracts were illegal from the first, since the government had no
right to grant lands for colonization purposes while outstanding
were large numbers of headright claims, donation warrants and
land scrip, the holders of which had an implied right of first
choice of location, but had been prevented from making such loca-
tion by the unprotected condition of the frontier. However, as
it was feared that the inclusion of such a provision in the con-
stitution might jeopardize the approval of the constitution by the
United States congress, it was provided that a separate ordinance
ordering the forfeiture of these contracts should be submitted to
a vote of the people at the same time as the constitution. Accord-
ing to this provision, President Jones submitted the ordinance' to
the people, who on October 13, adopted it by a large majority.
The measures adopted for the protection of the family deserve
mention. In addition to exempting from taxation two hundred
dollars worth of household goods, it was provided that two hundred
acres of land or town lots to the value of two thousand dollars
should be free from forced sale, and that the husband could not
sell the same without the consent of the wife. This was a reten-
tion of the homestead law passed in 1838. The recognition of
property rights \of married women was very liberal, since it was
provided that all property, both real and personal, of the wife
before marriage and that acquired afterwards should be her own
There was great diversity of opinion concerning the recom-
mendation made by the committee on general provisions that "no.
corporate body shall, hereafter, be created, renewed, or extended
with banking privileges."8 However, following the course re-
cently pursued by the Democrats in the United States, the creation
of banks was prohibited."5
Debates of the Convention, 395-420, 694-699.
"Debates of the Convention, 278.
"5Debates of ihe Convention, 452.
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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/m1/53/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.