Partial Index To Race Laws and Race Language in Republic of Texas Laws

Ninth Congress laws [1845]:

Witness in Court: “Sec. 26. All negroes, mulattoes, Indians, and all other persons of mixed blood, descended from negro or Indian ancestors, to the third generation inclusive, though one ancestor of each generation may have been a white person, shall be incapable in law to be witnesses in any case whatsoever, except for and against each other.” [Dec. 22, 1836]

Slave Trade as Piracy: “Sec. 1. … That if any person or persons shall introduce any African negro or negroes, contrary to the true intent and meaning of the ninth section of the general provisions of the constitution, declaring the introduction of African negroes into this republic, to be piracy, except such as are from the United States of America, and had been held as slaves therein, be considered guilty of piracy; and upon conviction thereof, before any court having cognizance of the same, shall suffer death, without the benefit of clergy.

Sec. 2. … That if any person or persons shall introduce into the republic of Texas, any Africans or any slave or slaves, from the United States of America, except such slave or slaves as were previously introduced and held in slavery in that republic, in conformity with the laws of that government, shall be deemed guilty of piracy, and upon conviction therefore, before any court having cognizance of the same, shall suffer death.” [Dec. 21, 1836.]

Militia, Republic of Texas: “every able-bodied male citizen of this republic, resident therein, who is or shall be of the age of seventeen years, and under the age of fifty years, (except as hereinafter excepted,) shall severally and respectively be enrolled in the militia, by the captain or commanding officer of the company, within whose bounds such citizens shall reside….


Republic of Texas Session Laws [does not include Ninth Congress]:

Texas History Collection:

postal service, “no other than a free white European, Anglo-American or Mexican”:

Convention Resolution: “all free white males and Mexicans opposed to a Central Government”:

marriage, “any person of European blood or their descendants,” “Africans, or the descendants of Africans”:

militia, “every free white able-bodied male inhabitant, over sixteen and under fifty years of age”:

“Mexican trader”:

“free white male inhabitant, who shall have attained the age of twenty-one years” [Galveston]:

“one dollar for every free white passenger”:

headright lands:

Crimes and misdeameanors committed by slaves and free persons of color / “free white female,” “free white person,” etc.:

Treaty between “the white and red men of Texas” (“Comanche, Keechie, Waco, Caddo, Ana-da-kah, Ionie, Delaware, Shawnee, Cherokee, Lipan [Apache], and Tah-wah-karro tribes of Indians”:

“Poll Tax … on every white male of this Republic, between twenty-one and fifty years of age”:

“to prevent the assembling of colored persons”:


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