Texas Secretary of State, Statutory Documents Section:

An Inventory of Secretary of State Executive Clemency Records at the Texas State Archives, 1840, 1845-2006

Agency History

The Texas Constitution of 1845, Article V, Section 11, stated that "in all criminal cases, except those of treason [in which Senate approval was required] and impeachment, the Governor shall have power after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures." Subsequent Constitutions in 1861 and 1866 repeated this charge. The only significant modification prescribed in the Constitutions of 1869 and 1876 was the requirement that the governor file, in the office of the Secretary of State, his reasons for granting executive clemency.

In 1893, the Texas Board of Pardon Advisors was created to assist the governor (Senate Bill 19, 23rd Legislature, Regular Session). The name was changed in 1929 to Texas Board of Pardons and Paroles (Senate Bill 1, 41st Legislature, 1st Called Session). Beginning in 1936 (Senate Joint Resolution 26, 44th Legislature, Regular Session) the governor must have the written signed recommendation and advice of a majority of the Board of Pardons and Paroles to grant pardons, reprieves, and commutations of punishments, and to remit fines and forfeitures. In 1989 the Board of Pardons and Paroles was placed under the newly created Texas Department of Criminal Justice (House Bill 2335, 71st Legislature, Regular Session). (Texas Constitution, Article IV, Section 11; and V.T.C.A., Code of Criminal Procedure, Article 48.01)

One of the constitutional duties of the Texas Secretary of State (beginning with the first state constitution) is to register all official acts and proceedings of the governor, including proclamations. Between 1946 and 1960, the Parole Division of the Texas Secretary of State maintained records and acted as liaison with the county parole boards, the Board of Pardons and Paroles, and the governor; had charge of out-of-state parolees in Texas, through the Interstate Parole Compact; and prepared all clemency proclamations issued by the governor. Many of its duties were transferred to the Division of Parole Supervision of the Board of Pardons and Paroles in 1960. Today, the Statutory Documents Section in the Office of the Secretary of State maintains the record copy of proclamations from the governor. (Texas Constitution, Article IV, Section 21)

(Sources include: the Handbook of Governments in Texas (1983); the Manual of Texas State Government (1950); the Guide to Texas State Agencies (1st and 2nd editions, 1956 and 1964); the Texas Constitutions of 1845, 1861, 1866, 1869, and 1876 (see the Texas Constitutions Digitization Project on the University of Texas Tarleton Law Library website); and the cited legislation, 1893, 1929, 1936, 1989.)

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Scope and Contents of the Records

One of the constitutional duties of the Texas Secretary of State is to register all official acts and proceedings of the governor, including proclamations. Since 1869, the governor was required to file, in the office of the Secretary of State, his reasons for granting executive clemency. Between 1946 and 1960, the Parole Division of the Texas Secretary of State maintained records and prepared all clemency proclamations issued by the governor. All of these functions are documented in the Secretary of State's executive clemency records. These records include executive record books, clemency proclamations, indexes to clemency proclamations, applications for pardons and other forms of executive clemency, and registers of applications for pardons. They comprise records of executive clemency created by the Governors of the State of Texas, and maintained by the Texas Secretary of State, dating 1840, 1845-2006.

Executive record books dating 1835-1917, are described more fully in a separate finding aid for the Texas Secretary of State. Those executive record books dating 1846-1917 are included here as a convenience to researchers looking specifically for pardon records, with the caution that they also contain an enormous amount of non-clemency material, such as correspondence, inaugural and valedictory addresses, executive messages, appointments, passports, extraditions, rewards, reports of state agencies, etc.

Clemency proclamations, dating 1874-2006, usually give some or all of the following types of information: the proclamation number, the name of the pardoned individual, when convicted, where, the court, the crime, the punishment, length of sentence served, who recommends executive clemency, any conditions on the pardon, date of pardon, and the signatures of the governor and the clerk.

Indexes to clemency proclamations, created by the office of the Texas Secretary of State, date 1846-1970.

Applications for pardons and other forms of executive clemency, are organized as individual case files, and date 1840, 1845-1918 and 1932-1938 (the bulk dating 1880-1900). Types of records found in the applications include correspondence, petitions, court records such as indictments and transcripts, occasional proclamations from the governor granting a pardon or restoring citizenship, and certificates of prison conduct. Applications for pardons were created to request executive clemency from the Governor, and were maintained by the office of the Secretary of State to document the reasons for such clemency.

Registers of applications for pardon date 1887-1891 and 1915-1940. Information included in these pardon registers includes number, name, county, offense, and punishment; each register is followed by an alphabetical index, which includes name, number, conviction date, and final action (including date of such).

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

Because of the possibility that portions of Applications for pardons fall under Public Information Act exceptions including, but not limited to, medical records (Texas Occupations Code, Section 159.002(d)), an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail, fax, or email including enough description and detail about the information requested to enable the archivist to accurately identify and locate the information requested. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.

Medical records are confidential for 100 years and then are available for historical research purposes.

Materials do not circulate, but may be used in the State Archives search room (Room 100). Materials will be retrieved from and returned to storage areas by staff members.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

Executive record books and Pardon and remission books are restricted due to their fragile physical condition, so researchers must use the microfilmed copies of the volumes. Microfilm readers are available in the Genealogy Section, Room 110, and also in Room 300 of the Lorenzo de Zavala State Archives and Library Building.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Secretary of State executive clemency records. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1932/002, 1938/008, 1962/218, 1962/235, 1963/154, 1963/159, 1963/183, 1965/010, 1965/100, 1968/094, 1968/121, 1971/067, 1971/148, 1972/009, 1975/045, 1975/100, 1977/028, 1977/071, 1978/033, 1979/189, 1980/064, 1981/049, 1981/174, 1982/351, 1983/166, 1985/019, 1985/083, 1985/107, 1986/051, 1987/094, 1988/077, 1989/014, 1990/134, 1990/158, 1992/053, 1994/133, 1996/014, 2003/146, 2007/046, 2007/215

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Secretary of State on September 28, 1932; January 3, 1939; July 19 and August 25, 1963; April 14, April 16, and May 11, 1964; September 23, 1965; February 25, 1966; June 6, 1968; February 23, July 19, and September 22, 1971; October 22, 1974; April 25, 1975; October 13 and December 13, 1976; November 18, 1977; and May 17, 1979; by the Statutory Documents Section of the Texas Secretary of State on December 5, 1979; October 22, 1980; July 3, 1981; August 4, 1982; May 24, 1983; October 15, 1984; March 13, April 18, and December 6, 1985; February 12, 1987; January 29 and September 29, 1989; January 23, 1992; August 4, 1994; October 23, 1995; April 15, 2003; October 26, 2006; and August 29, 2007; by the Pardons and Paroles Division of the Texas Department of Criminal Justice on April 30, 1990; and by the Records Division of the Texas State Library and Archives Commission on February 9, 1968 and June 21, 1990.

Processing Information

Archives staff, various dates

Laura Saegert, August 1988, August 2001, January 2002 [strays]

Tonia Wood, February 1991, February 1996 [strays]

Lisa M. Hendricks, November 1995

Tony Black, June 2003, October 2006, August 2007

Accruals

Additions to Governor's clemency proclamations are transferred periodically. The other series are no longer created.

Other Formats for the Records

The originals of Executive record books and Pardon and remission books were microfilmed (on 35 mm microfilm) in 1990 by the Records Division of the Texas State Library and Archives Commission. The reels are available through interlibrary loan; contact your local librarian for details. They are also available for purchase; contact the State and Local Records Management Division, Texas State Library and Archives Commission.

The following equivalency chart will be helpful in matching Archives reel numbers listed in this finding aid with TSLAC Catalog reel numbers:

Location of Originals

Originals of Governor's clemency proclamations, volumes 26-40, 311-404, and 426-465 were destroyed after microfilming (on 16 mm microfilm), November 1967.

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Detailed Description of the Records

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