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[31] days would fall on Monday, the day the legislature was to convene, and as it was deemed by him of the first importance to have it settled before that time who should then occupy the positions of State executive officers, he appointed the second day, Saturday, at noon, for the administration of the oath, and forthwith had notifications of the time and place prepared and sent to them. As Governor Houston was not then in the capitol, he appointed a member, George W. Chilton, to convey to him the notification, accompanied with a copy of the ordinance continuing the State government, and requiring the official oath; which he promptly proceeded to accomplish. The official oath adopted by the convention simply substituted the ‘Constitution of the Confederate States’ for the ‘Constitution of the United States,’ as it previously existed in the constitution of the State of Texas.

Colonel Chilton the next morning reported that he had the evening before presented to the governor the notification and ordinance, and that the governor handed them back with the request that he should return them to the president, stating that he did not acknowledge the existence of the convention and should not regard its action upon him, and expressing a high regard for the individual members of the convention, which he requested should be communicated to them. The report was presented and read to the convention. At the appointed hour it was announced that the time had arrived for administering the official oath to the State executive officers, when Ed Clark, lieutenant-governor, Cyrus H. Randolph, and Francis M. White, commissioner of the general land office, appeared and had the oath of office administered to them. The governor and secretary of state not appearing, the fact of their failure to appear and take the oath was announced to the convention.

At the afternoon session an ordinance was passed in furtherance of the ordinance providing for the continuance in existence of the State government, reciting that,

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