WEPIN Store

Convention Update Page
Texas Constitutional Convention Updates

Summary of 4 July 1997 Meeting

At 10:00 AM on July 4, 1997, a meeting of Texas citizens was called to order in the original Sherwood County Courthouse in Sherwood, Irion County, Texas, under the authority of the Texas Constitutional Convention Coordinating Committee, Wesley Burnett, moderator, presiding. All present were welcomed and invited to an old-fashioned Texas barbeque hosted by the local Boy Scouts. Mr. Robert Sudbury of Abilene, a member of the Texas Constitutional Convention Coordinating Committee, was introduced and spoke about having recently become a trucker. He believes that there are many in that profession who wholeheartedly support the move to Texas independence. He remembered the first convention regarding Texas independence he had attended in Dallas months before, at which over 700 people were present, including numerous media representatives, and believed that the citizens in attendance in Sherwood were the survivors of a long and arduous journey toward that freedom. He noted that only two media outlets had sent observers to the historic event, and reminded the assembly that they must continue to work to wake up the people of Texas and the united States, who had become complacent and apathetic.

Donald Dale Henson of El Paso then presented a short tutorial on parliamentary procedures and how to conduct business efficiently and courteously in a large assembly. Charles Duncan of Post read the keynote speech submitted by L. Neil Smith, who was unable to attend in person. (Speech is available in its entirety from the secretary of the convention.) Mr. Burnett then offered a few remarks on the history of the Texas Constitutional Convention Coordinating Committee and the exhaustive procedures that had been set in place and followed in order to ensure that all Texas citizens were given ample notice, grace, and opportunity to participate. (Mr. Burnett's address is also available from the secretary.)

The Texas Constitutional Convention was formally convened at 1:25 PM. on July 4, 1997. Delegates whose affidavits were received before June 24, 1997, and who were present in Sherwood then introduced themselves and were seated:

Michael Angwin, Houston
Monty Barnett, Abilene
Daniel Childress, Winona
Loraine Childress, Winona
Charles Duncan, Post
Roger Erickson, Corsicana
Sam Hamilton, Baycliff (arrived late)
Donald Dale Henson, El Paso
Randall Holt, League City
Robert Kesterson, Mesquite
Archie Huel Lowe, Rice
Sara Lowe, Rice
Alonzo Martinez, El Paso
J. David Sanders, Abilene
Gregory Scales, Abilene
Cloyce Williams, Shallowater
Dick G. Williams, Splendora
Wesley W. Burnett, Post

The moderator then opened the floor to nominations for permanent convention secretary. Sara Lowe was nominated by Mr. Henson, and the nomination was seconded by Mr. Scales. There were no other nominations offered, Mr. Childress moved to close the nominations, and Mr. Henson seconded the motion. The vote to close was unanimous, and the vote to accept Mrs. Lowe as permanent convention secretary was also unanimous. The moderator stated that the job of transferring files to the convention from the Texas Constitutional Convention Coordinating Committee would be the responsibility of the convention secretary.

The moderator then opened the floor to nominations for permanent convention chairman. Mr. Barnett nominated Mr. Burnett, who declined. Mr. Duncan nominated Mr. Henson, and the nomination was seconded by Mr. Cloyce Williams. Mr. Angwin moved to close the nominations, and was seconded by Mr. Scales. The vote to close was unanimous, and the vote to accept Mr. Henson as convention chair was also unanimous. Mr. Burnett then passed the gavel to Mr. Henson and was given a standing ovation by the delegates and observers as he retired. Mr. Henson expressed his appreciation for Mr. Burnett's dedication and his tireless efforts to bring the Texas Constitutional Convention to such an auspicious beginning.

The chair then offered to entertain a motion to consider whether to accept late delegates. Mr. Burnett stated that he has been contacted by three citizens who wished to be delegates and who had not submitted affidavits by the deadline set. Motion was brought by Mr. Burnett to consider those applying for delegate status on a case-by-case basis, seconded by Mr. Childress. There was no discussion, and the vote was unanimous in favor.

Short speech was given by Robert Sudbury, who had been on the road in a northern country and was unable to submit his affidavit in time, to the effect that he would like to be delegate. Mr. Burnett moved to accept him as delegate, Mr. Barnett seconded the motion, and the vote was unanimous in favor of accepting Mr. Sudbury.

Charlie Doreck from Cuero then spoke, and said that he had not been sure until the last minute that he could be able to attend. The chair offered to entertain a motion to accept him, Cloyce Williams so moved, and Mr. Angwin seconded the motion. The vote was unanimous in favor of accepting Mr. Doreck.

Point of order was brought by Mr. Lowe that those speaking for the record should state their names when speaking so that the secretary can enter them into the record accurately.

Larry Falzitto, originally from Ohio, stated that he had heard about the Republic of Texas and their efforts to gain freedom, and came to Texas in January to lend his assistance. Although homeless in San Angelo and living on the street while trying to obtain employment, he wanted to be involved in this effort, and believed that God brought him to this point in time. He stated that he had no family and just wanted to be a Texan, free and supporting independence. Mr. Angwin asked Mr. Falzitto if he had been living in Texas since January 1997 and whether he intended to become a permanent resident of Texas, and Mr. Falzitto stated yes to both questions. Mr. Angwin then moved to accept Mr. Falzitto as a delegate; Mr. Sanders seconded the motion. Mr. Henson read Mr. Falzitto's email request which was sent to Mr. Burnett into the record. The vote was unanimous in favor of accepting Mr. Falzitto as a delegate..

Jerry Pool from Gladewater stated that he wants to see Texas free and independent and to be involved in the creation of a constitution for Texas. Mr. Burnett moved to accept Mr. Pool as a delegate, and was seconded by Mr. Childress. Mr. Burnett asked if Mr. Pool were willing to rescind his support of another delegate which was of record on Mrs. Childress's affidavit, and both he and Mrs. Childress agreed. Mr. Burnett explained to the delegates the arbitrary nature of delegate requirements, as decided by the Texas Constitutional Convention Coordinating Committee, which left the constitutional convention free to do whatever the delegates choose as to delegate qualifications and participation. Mr. Angwin offered an amendment to the motion that Mrs. Childress not be removed as a delegate by Mr. Pool's acceptance and that her delegate status not be adversely affected by same, which was seconded by Mr. Duncan. The vote to amend was unanimous in favor, as was the vote to accept Mr. Pool as a delegate.

Judy Pool of Gladewater also petitioned the delegates for acceptance. Mr. Duncan moved to accept her as a delegate, Mr. Angwin seconded the motion, and Mr. Childress moved that she be covered under the same agreement as Mr. Pool, which amendment was seconded by Mr. Duncan. The vote to amend was unanimous in favor, as was the vote to accept Mrs. Pool as a delegate..

Ray Wanjura of Cuero spoke next, saying that he had been involved in the fight for Texas independence since the Bulverde convention of December 1995. While he has no children of his own, he believes that children constitute the future of this nation, and is ready to do whatever is needed to secure their liberty. He had originally thought that his position with the Republic of Texas provisional government would be a possible conflict of interest, and will abstain from voting if such a conflict arises during the convention. Motion was brought by Mr. Sanders to accept Mr. Wanjura as a delegate, and seconded by Mr. Sudbury, and the delegates voted unanimously to accept him.

There being no other attendees who requested delegate status, the convention was called to order by the chair. Mr. Duncan then moved that all business done prior to the seating of new delegates and banging of the gavel be ratified by all seated delegates, which motion was seconded by Mr. Scales, and the vote was unanimous in favor of ratification.

Chair offered to entertain a motion to include other officers or positions for consideration, so moved by Mr. Burnett, seconded by Mr. Duncan, to seat a Vice Chair. The delegates held a short discussion of the duties required and then voted unanimously in favor.

Mr. Wanjura brought a point of order that it would be proper to complete a listing of offices to be filled before opening nominations for each office. Mr. Lowe moved to elect a parliamentarian, treasurer, and public relations officer, which motion was seconded by Mr. Sudbury. After brief discussion, vote was taken and passed with one no vote.

A friendly amendment was offered by Mr. Barnett to make the office of parliamentarian double as sergeant of arms, seconded by Mr. Wanjura. During discussion, Mr. Sudbury asked why a sergeant of arms was needed, and Mr. Wanjura stated that if anyone became disrespectful of the conventional body or its proceedings, they could be removed by the sergeant of arms. Question was raised by Mr. Holt as to whether combining the offices would create a conflict of interest, since the officer would be unable to eject himself. Mr. Erickson answered that the Chair must give an order to eject any disorderly person. The delegates voted to combine the officers, with one no vote.

The Chair offered to entertain a motion to open nominations for Vice Chair, so moved by Mr. Barnett, and seconded by Mr. Sanders. The vote passed. Mr. Scales was then nominated by Mr. Barnett, Sanders seconded. Mr. Scales asked at what points during the convention he would be unable to vote, and was informed that his would be the tie vote if he became Chair during deliberations. Mr. Duncan was nominated by Mr. Wanjura, and declined. Nominations were closed, and the vote to accept Mr. Scales as Vice Chair was unanimous.

Motion was then brought to open nominations for parliamentarian/sergeant of arms by Mr. Cloyce Williams, with Mr. Sudbury seconding the motion; the vote passed with one no vote. An unnamed delegate moved to nominate Mr. Wanjura, and was seconded by Mr. Childress. Mr. Sanders was nominated by Mr. Barnett, seconded by Mr. Angwin. The delegates voted by raising of hands, with the results recorded as 13 in favor of Mr. Wanjura, 3 in favor of Mr. Sanders.

Mr. Duncan moved to open nominations for treasurer, seconded by Mr. Holt, and the vote passed with one no vote. Mrs. Childress was nominated by Mr. Doreck, seconded by Mr. Sudbury. Mr. Wanjura moved to close the nominations, also seconded by Mr. Sudbury. The vote for both motions was unanimously in favor.

Chair offered to entertain a motion to open nominations for public relations officer. Mr. Lowe brought a point of order that it was not necessary to open nominations for each office unless new offices were being proposed or had not been placed on the agenda for consideration. Mr. Sanders nominated Mr. Kesterson, seconded by Mr. Barnett. There was a brief presentation on duties for publicity and advertising positions by Mr. Duncan, the officer responsible for those duties with the Texas Constitutional Convention Coordinating Committee. Mr. Holt nominated Mr. Burnett, and was seconded by Mr. Pool. During discussion Mr. Wanjura asked whether this duty should be given to one individual or to a group of delegates. He felt that perhaps a committee should perform that function. There was a point of order by Mr. Lowe, that nominations were on the floor and must first be voted down in order to reopen the floor to consider committees. Mr. Angwin stated that he did not think we needed a committee. The Chair called for a vote, such that all in favor of none of the above raise their right hands, and the vote passed with two no votes. The vote for Mr. Kesterson as public relations officer was defeated with one yes vote. Mr. Burnett moved to amend the description of public relations office to comprise a committee rather than one individual, i.e., to establish a committee for purposes of publicity and advertising, which was seconded by Mr. Sanders. The motion passed with two no votes. Motion was then brought by Mr. Wanjura to make all members of the Texas Constitutional Convention Coordinating Committee members of the public relations committee for the constitutional convention, which was seconded by Mr. Childress. Mr. Sanders and Mr. Angwin felt that only one voice was needed to interface with the press, whereas Mr. Burnett stated that from his experience a committee could be helpful. Mr. Angwin stated that coordination had not proven to be one of our demonstrated strengths. Mr. Sanders and Mr. Wanjura moved to table the motion, seconded by Mr. Duncan. There being no discussion, the motion to table passed with two no votes.

The next item on the agenda was to decide the future of the Texas Constitutional Convention Coordinating Committee. Mr. Wanjura moved to transfer the Texas Constitutional Convention Coordinating Committee members from that committee into the constitutional convention's public relations committee. Mr. Burnett then pointed out that some of those members already held new offices, and Mr. Barnett suggested that the committee be restricted to two members. Mr. Wanjura: move to suspend the rules, seconded by Mr. Sudbury, and the motion passed unanimously. During discussion, Mr. Burnett stated that the Texas Constitutional Convention Coordinating Committee has an agreement with the Sherwood Historic Association to rent the old courthouse building, and expressed concern as to how that would be affected by the dissolution of the Texas Constitutional Convention Coordinating Committee. There was further discussion on choosing a committee for the publicity effort and the best size for the committee. A question was raised as to who would be responsible for the agreement to rent the facilities. Mr. Wanjura moved to dissolve the Texas Constitutional Convention Coordinating Committee, and Mr. Sanders offered an amendment to transfer all the obligations of that committee to the officers of the constitutional convention's public relations committee, which was seconded by Mr. Angwin. Mr. Holt asked for clarification, and Mr. Childress reminded the delegates that our efforts were about personal responsibility, and suggested that we rephrase the amendment to transfer the obligations to all delegates of the constitutional convention, which was seconded by Mr. Angwin. Mr. Wanjura accepted this also as a friendly amendment. Mr. Holt stated that since all delegates would be held accountable for the obligation, a unanimous vote was required. After some discussion, Mr. Angwin moved to require a unanimous vote, Mr. Childress seconded, but Mr. Wanjura accepted the idea as a friendly amendment. Mr. Falzitto requested that someone clarify the responsibility of the Texas Constitutional Convention Coordinating Committee to the Sherwood community. Mr. Burnett said that the obligation would actually begin on July 5th, and was for $50 every day the building was used, and that the delegates would be responsible for the care and cleanliness of the building and grounds, and responsible as delegates whether present at every session or not. Mr. Cloyce Williams moved to amend that if any delegate resigned, the obligation would cease, but Mr. Wanjura stated that no one can renege on a personal responsibility if he/she chooses to resign. Mr. Burnett reminded the assembly that the responsibility extends to future meetings as well. Mr. Barnett called the question as amended; the motion to accept as amended passed.

The Chair opened the floor to any other administrative business remaining, and the previous motion to table did not include not establishing a PR committee, which motion passed. One of the delegates then called the question on Mr. Wanjura's motion to transfer the Texas Constitutional Convention Coordinating Committee members into the constitutional convention PR committee, and the motion was defeated. Mr. Burnett then moved to solicit volunteers for the constitutional convention PR sub-committee, removed after point of order by Mr. Wanjura that no sub- committee existed. Mr. Burnett then moved that the constitutional convention authorize the Chair to appoint a chair for a public relations sub-committee and solicit volunteers for that committee, which motion was seconded by Mr. Wanjura. After discussion, a friendly amendment was suggested by Mr. Holt to allow the sub-committee members thereafter to appoint their own chair, which was acceptable to Mr. Burnett and Mr. Wanjura. Another amendment by Mr. Holt that activities of the sub-committee take place outside the convention sessions, and that non-delegates be allowed to be members, but there is no record that this amendment was accepted. Mr. Sanders called the question, and the motion as amended passed with two no votes.

Motion to recess was brought by Mr. Lowe, seconded by Mr. Sanders, passed unanimously by the delegates assembled. The convention recessed at 3:10 PM, and reconvened at 3:23 PM.

Mr. Lowe requested that the Chair allow him to address the delegates, and explained how many years of political and constitutional study had brought him to a knowledge of the truth, and how his knowledge had made him responsible for living the truth. He stated that the information put out by the media to the effect that patriots and militia members were uneducated is not true, but that we ARE informed and educated. He reminded the assembly that the declarations of rights are not declarations of privileges, but are God given, and that Section 2, Art 1, which appears in some form in all Texas constitutions, states that the rights of the people shall remain forever inviolate, meaning free from violation, alteration, desecration, profaning. Yet the declaration of rights in the current de facto constitution has been amended over eight times since 1876. He stated that the Declaration of Independence written in 1835 lists the reasons for this convention as well. He read the powers specifically given to the united States congress in that nation's constitution once and saw clearly the wrong that had been done to the people, and cannot now turn back from the truth. Results of evil rulers can be seen in the warrants and writs of attachment on citizens who should be free and sovereign, not the property of the state. He said the authority of the people has been usurped, and their constitutions and bills of rights have been corrupted. Our task is now to create something very simple, that will protect our freedom and that of future generations. We should limit government, but not with 500 pages of loopholes. We must seek to restore the decent education of our children, our lawful money system, and we must strive to educate the people so that they know the truth. Mr. Lowe encouraged the delegates to adhere to Robert's Rules of Order, to be courteous and considerate of other delegates, to submit written motions if possible, in order to preserve the record of this heroic effort for posterity. He admonished delegates not to give up and resign, to be prepared for disagreement but determined not to let it divide us, as that is the enemy's method of keeping us from our goal. He also suggested the establishment of committees, so that we can get them working, and then bring their ideas and results together. He said to remember that once you know the truth, you can never go back, and encouraged the assembly to what they can to create for the nation of Texas a lasting document that cannot be corrupted.

The Chair, together with Mr. Sudbury, made the delegates aware of the availability of both Webster's and Black's dictionaries in the back of the convention hall.

A request was made by James Gamble of Sherwood to become delegate. Mr. Gamble stated that he is now 14 years old, and had thought the minimum age of a delegate was 21. He also said that his uncle, Mr. Burnett, had taught him about the independence of Texas, and that he knows the people of the community, which could be an asset to the convention. Mr. Angwin asked him about his intent to reside permanently in Texas, to which Mr. Gamble replied that he was born in Texas and intended to stay here. Mr. Angwin moved that the delegates accept Mr. Gamble as a delegate, which was seconded by Mr. Martinez. Mr. Wanjura commented that since Mr. Gamble was over 13, he was legally responsible under common law, but that is not the usual rule and people would probably not approve of his being accepted as a delegate. Mr. Angwin said that if Mr. Gamble and those his age can be tried by the de facto court system as adults, they should be able to serve. The motion to accept passed unanimously.

Mr. Burnett moved that a quorum of the convention be defined as 50% plus one of the delegates seated and assembled on July 4, 1997, which was seconded by Mr. Sanders. Point of order was brought concerning how many delegates will be present Monday, and whether that would affect the quorum. Mr. Wanjura suggested 50% plus one of the total number of delegates. Mr. Burnett clarified his motion as applying to those delegates seated and assembled on July 4, 1997. Mr. Wanjura objected, since if 50% of the body resigns, no business could be conducted. Mr. Erickson asked whether we could specify session, rather than day, so that if the convention chooses to adjourn for two weeks, the quorum could be dynamically redefined if several resign. Suggested an amendment to strike the date and replace it with "at the last regular session of the convention." Count showed that 25 delegates were seated. Mr. Lowe stated that it was not advisable to monkey with the quorum, and Mr. Cloyce Williams agreed that the quorum should not be defined day-to-day, since a minority could take as happened with the united States congress after the Civil War. Mr. Sanders disagreed, and expressed concern that if too many delegates resign or leave, those remaining could only adjourn. Mr. Wanjura agreed with the motion as amended. An observer, Cindy Williams, asked to speak, and said that although not a delegate, she believed that the people present would continue to support the constitutional convention as delegates. Mr. Childress said that there must be a definitive number of people as delegates. Mr. Duncan asked whether the last session would imply the last day of the session? Mr. Wanjura said that the quorum should be based on the total number of delegates, period, not on a diminishing number of delegates. Mr. Burnett suggested a change to "50% plus one of the delegates seated to the constitutional convention." If delegates are added or resign, the number to constitute a quorum would increase or decrease. Mr. Kesterson suggested that no delegates be accepted after the weekend, that 50% of delegates is an insufficient number to constitute a quorum, and that provision be made so that those who resign can be replaced. Mr. Falzitto agreed with the original motion. Mr. Barnett asked about those delegates who were not present but had affidavits submitted on time. Mr. Duncan stated that realistically some delegates may not be able to attend all the sessions, because they have other commitments - jobs, families, businesses. Mr. Angwin said that delegates could be allowed to resign and then be reinstated at a later time. Several delegates called the question, and the motion passed as amended with one no vote.

Mr. Angwin moved that a delegate may temporarily suspend his/her delegate status to be removed from the quorum requirement, and then re-instated when able to attend. Point of order was raised by Mr. Lowe that the motion be restated; however, the motion failed for lack of second. After some discussion, Mr. Lowe suggested that the assembly place additional ideas/suggestions about parliamentary rules and procedures with the parliamentarian for consideration.

Mr. Burnett moved that no delegate be seated to this convention after Sunday, July 6th, 1997, after the close of that day's session, seconded by Mr. Wanjura. Mr. Holt questioned the replacement of those who resign, whereon Mr. Burnett offered the following amendment: "And to allow for the replacement of delegates who resign after that date." Mr. Sudbury said that more citizens may wish to become involved after the news of the convention is covered by the media, and we need to make some provision for them, and also need to make sure they are Texas citizens. An amendment was offered by Mr. Kesterson that anyone having filed an affidavit be included in that number, which was not accepted as a friendly amendment. The motion as amended passed with one no vote.

Benjiman Angwin asked the assembly to accept him as a delegate, stating that he is 14 years old and that his father, Michael Angwin, has taught him much regarding the law and constitution. A motion to accept was brought by Mr. Wanjura, seconded by Mr. Angwin. Mr. Barnett asked Mr. Benjiman Angwin whether he had read the Texas constitution, to which he replied that he had not, but has read the united States constitution. Mr. Lowe asked if he would be willing to stay up late at night and read and study, to which he replied that he would. The motion to accept passed unanimously.

Mr. Burnett stated that he wants to keep working, as do Mr. Angwin and others. Mr. Lowe moved to recess for 15 minutes, seconded by Mr. Wanjura. Motion passed unanimously, and the convention recessed at 4:26 PM, and reconvened at 4:42 PM.

Mr. Burnett announced that delegates could stay on the grounds, and could sleep in the building, although there was no shower available, and that they must maintain the building and grounds. He requested that those who planned to stay let him know so the local Sheriff could be informed.

Mr. Sanders checked with all the delegates to verify that everyone had a copy of the disk with promotional information on the constitutional convention.

Mr. Burnett moved that the convention secretary be authorized to notify those delegates who have failed to attend five sessions to request their intent, so that the convention could make a decision concerning their status, which motion was seconded by Mr. Childress. Point of order was brought by Mr. Wanjura, informing the assembly that they could accept some issues by consent without motions. A friendly amendment was offered by Mr. Lowe to reduce the number to three sessions, which was accepted by Mr. Burnett and Mr. Childress. Mr. Sudbury suggested that the convention give due notice and grace to those absent for more than three sessions. An amendment was offered by Mr. Holt to change the wording to three consecutive sessions, seconded by an unknown delegate. Mr. Wanjura stated that the absences under discussion were those where no proxy was sent, and no notice given of the intended absence; however, Mr. Burnett said that the delegates had not yet decided the issue of proxies. Mr. Sanders called the question. The amendment passed, and the motion then passed unanimously. Point of order was raised regarding the terms 'meeting' and 'session' - are the same thing, from meeting called to meeting adjourned is one session.

Mr. Duncan moved that the convention adopt Robert's Rules of Order Modern (see written motion), seconded by Mr. Sudbury. After a discussion of various versions, an amendment was offered by Mr. Lowe to strike "used in the relaxed mode, ....", but that amendment was not accepted by Mr. Duncan, and required a second, which Mr. Doreck provided. Mr. Angwin asked why the amendment was not agreeable to Mr. Duncan. Mr. Wanjura stated that he opposed both the motion and the amendment, as the assembly had already adopted parliamentary procedure, and he believed that a set of written rules was not needed, as the delegates could use common courtesy and employ Robert's Rules of Order only as a guideline. Mr. Burnett reminded Mr. Wanjura that the convention had not adopted parliamentary procedure yet. Mr. Cloyce Williams stated that he understood that having a parliamentarian meant parliamentary procedures were in use. Mr. Scales suggested that the Chair should decide, and could institute strict rules as he thought necessary. Mr. Lowe said that adopting rules meant that the delegates were willing to accept discipline from the body at large. Mr. Sudbury spoke in support of Mr. Lowe's amendment because he felt the make-up of the convention could change, and because the task at hand is a matter of gravity. Mr. Hamilton stated that the convention should not be legislating, but should be using common law. Mr. Angwin called the question. The amendment was defeated. Further discussion was held on the main motion, to the effect that parliamentary procedures have already been followed during the session. Several delegates called the question. The motion passed with seven no notes.

The Chair acknowledged the late arrival of Sam Hamilton from Baycliff, who was seated as a delegate.

Mr. Burnett moved that delegates be required to appear in person in order to participate in the actions of this convention, seconded by Mr. Sanders. A friendly amendment was offered by Mr. Wanjura that no proxies be allowed, and the amendment was accepted. During discussion, Mr. Wanjura stated that the delegation should not suspend the privilege of proxy, as there was no way of knowing what might happen in the future. Mr. Lowe asked Mr. Burnett his intention by not allowing proxies, to which he replied, "Experience." Mr. Falzitto stated his belief that it is the right of every person to have a representative and to educate them on how the person wishes to be represented. Mr. Barnett asked whether we could limit the number of sessions that could be attended by a proxy. Mr. Wanjura expressed his concerns that the convention was getting too bogged down in minutiae. The vote on the motion was 12 for, 12 against. The Chair voted no to break the tie; therefore, proxies will be allowed.

Mr. Barnett move that the convention rewrite the 1836 Texas constitution. Mr. Angwin seconded the motion. Mr. Lowe expressed concern that the convention may be limiting itself by using the three-branch pattern of republic government, and that the delegates must be allowed to soar mentally and philosophically. Mr. Wanjura moved to recess the session for off-the-record comments, seconded by Mr. Lowe. Mr. Barnett attempted to clarify the term 'rewrite' in his motion, but point of order was brought that motion to recess cannot be discussed. The motion passed, and Mr. Wanjura made several statements off the record, after which the meeting was again called to order. Mr. Falzitto stated that while the convention did not want bad press coverage, we did want a new constitution for the nation of Texas. Mr. Sanders said we should use the 1836 constitution as a guideline, rather than rewriting it, as that constitution is the last lawfully binding document we have in Texas. Mr. Barnett offered to reword his motion to "use the 1836 Texas constitution as a guideline for discussion." Mr. Duncan agreed with Mr. Wanjura and Mr. Lowe that we can do better, even though he had personally worked on a draft based on the 1836 constitution, and felt that we must not be bound by that model. Mr. Wanjura asked how many completed constitutional drafts had been brought to the convention by delegates, and suggested that the convention take the shortest one and work on it. Mr. Angwin stated that the delegates needed some sort of agenda or framework to keep order, and that going through the 1836 constitution section by section would provide sequence. Mr. Childress heard limitations and wanted no limits on this body. Mr. Hamilton said that the first step is to define the government and to build on that basis. Mr. Sanders protested that they were not suggesting limits, but rather a guideline or framework, to tear down and rebuild, in order to have a starting place; otherwise, he felt it might take forever to get started on the draft. Mr. Wanjura asked whether the convention had been called on the basis of the people's right to convene, in accordance with Section 2, Article 1, from the current state constitution. Mr. Scales read the proclamation from the Texas Constitutional Convention Coordinating Committee into the record. Mr. Wanjura then stated that the new government must be republican in form. He defined that as being representative, where the people of Texas have the final decision, i.e., the ordained government does the legwork and the people have the final say. Mr. Hamilton insisted that only a three-branch form of government is republican in form, and if it alters from three branches, government is not republican. Mr. Burnett said that using the 1836 Texas constitution or even mentioning it as our source would create problems. Mr. Angwin stated that the convention would be using only the sequence or form and order of it. Mr. Barnett said that he had not heard an alternative offered. Mr. Scales expressed opposition to the structure of the 1836 constitution, as the declaration of rights had been moved, but that the convention could use a synthesis of all the Texas constitutions. Mr. Hamilton suggested drafting a constitution based on the wisdom of our Texas forefathers. Mr. Barnett withdrew the motion.

Mr. Lowe reminded the delegates that debates must be limited to the question or motion pending, that no member should speak more than twice on any subject, and should not speak again until all of the delegates had an opportunity to speak.

Mr. Burnett requested that those who brought constitutions. to the convention to raise their hands, and the following delegates responded: Mr. Angwin, Mr. Burnett, Mr. Hamilton, Mr. Barnett, Mr. Wanjura, Mr. Scales, and Mr. Henson. Mr. Angwin moved to use the united States constitution as a guideline only, but the motion failed for lack of second.

Mr. Falzitto then moved that when the convention formulate this constitution, it be based on a republican form of govt as opposed to a democracy, i.e., rule by law and not by men. The motion was seconded by Mr. Cloyce Williams. Mr. Kesterson stated that such a motion was unnecessary due to the authority given for calling this convention. Mr. Wanjura said that the motion was redundant in nature. Mr. Sanders and Mr. Lowe read the definitions for republic as a form of government from both Black's and Webster's dictionaries. Mr. Scales and Mr. Burnett expressed their agreement with the motion. One of the delegates called the question. A friendly amendment was offered by Mr. Wanjura to strike the second half of the statement, "i.e., rule by law and not by men." Mr. Falzitto first accepted, then rejected the friendly amendment, which was seconded by Mr. Sanders as an amendment. A vote on the amendment by show of hands was tied, and the Chair voted to defeat the amendment. Mr. Angwin called for a roll call vote, which counted 11 for, 13 against; the amendment was defeated. A vote on the motion by show of hands was also tied. Mr. Angwin again called for a roll call vote, which counted 12 for, 11 against; the motion carried.

The Chair requested that those who brought constitutional drafts make them available to other delegates who have not seen or read them. Mr. Burnett suggested that those with drafts spend a maximum of two minutes before the assembly explaining their drafts, and that the convention then break for dinner and return to discuss the issues. Mr. Angwin moved (written) that we consider elements of our constitution in the following order: preamble, foundations, declaration of rights, the congress, law, powers and limitations, the presidency, the judiciary, the courts, the people, revenues, general provisions, counties, rangers, amendments, and schedule of progression. Mr. Falzitto seconded the motion. Mr. Wanjura suggested that the motion be reworded as follows: that we begin work on a constitution, starting with the preamble. Mr. Scales stated that it was his experience that the preamble was the hardest part to write. Mr. Duncan expressed his dislike for preambles, and agreed with Mr. Lowe that this was an opportunity to do something new, without a model to follow, and further stated that the delegates should first discuss the main issues, such as whether a congress were even necessary. Mr. Angwin said that a preamble just states the reasons for creating a document, and answers the question 'why.' Mr. Sanders said that while we may know why a new constitution is needed, all the people of Texas may not know why we wrote a new constitution. Mr. Sudbury agreed, and Mr. Erickson called the vote. Motion passed by voice vote.

Mr. Burnett moved that the Chair appoint a committee of no less than five delegates to draft a preamble, to be the first order of business on Saturday, July 5th, 1997, which was seconded by an unknown delegate. A friendly amendment was proposed by Mr. Sudbury, but withdrawn. The motion passed. Mr. Angwin moved that the Chair appoint a committee of no less than five delegates to draft a list of issues to form a guideline for discussion, but the motion died for lack of second.

Mr. Burnett moved that those who had draft proposals have them ready to distribute on Saturday, July 5th, 1997, seconded by Mr. Duncan. Several delegates discussed how to procure copies for the next day's meeting. The motion passed with one no vote. There were requests made that smokers stay downwind from the non-smokers, which is according to common law. Mr. Burnett moved to recess for one hour and 30 minutes, which was seconded by Mr. Gamble, and passed with one no vote. Meeting was recessed until evening, and then reconvened. The Chair appointed Mr. Kesterson as public relation committee chair, and Mr. Duncan as a volunteer to that committee. The Chair appointed Mr. Wanjura as preamble committee chair, with Mr. Angwin, Mr. Sudbury, Mr. Falzitto, and Mr. Doreck as volunteers. Chair then expressed his desire to adjourn until 9:00 AM on July 5th. Motion was made, seconded, and passed with one no vote, and the meeting was adjourned. Note: after adjournment, Mr. Martinez was substituted for Mr. Falzitto on the preamble committee.

Convention Update Index