Constitution of
The State of Texas
of 1845
1845 CONSTITUTION* OF THE
STATE OF TEXAS
*[The Constitution as now printed has been very carefully
compared with and it conformed literally to the original deposited in the
Department of State. The punctuation also of the original has been strictly
followed. The words or letters included in brackets are found upon the original
roll in pencil, and may have been intended as corrections, but by whom made
does not appear.]
We, the people of the Republic of Texas, acknowledging with
gratitude the grace and beneficence of God, in permitting us to make [a] choice
of our form of government, do in accordance with the provisions of the Joint
Resolution for annexing Texas to the United States, approved March 1st, one
thousand eight hundred and forty-five, ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS.
That the general, great, and essential principles of Liberty
and Free Government may be recognised and established we declare that --
SECTION 1. All political power is inherent in the
people, and all free governments are founded on their authority, and instituted
for their benefit; and they have at all times the unalienable right to alter,
reform, or abolish their form of government, in such manner as they may think
expedient.
SECTION 2. All freemen, when they form a social
compact, have equal rights; and no man, or set of men, is entitled to exclusive
separate public emoluments or privileges, but in consideration of public
services.
SECTION 3. No religious test shall ever be required
as a qualification to any office or public trust in this State.
SECTION 4. All men have a natural and indefeasible
right to worship God according to the dictates of their own consciences: no man
shall be compelled to attend, erect, or support any place of worship, or to
maintain any ministry against his consent: no human authority ought, in any
case whatever, to control or interfere with the rights of conscience in matters
of religion; and no preference shall ever be given by law to any religious
societies or mode of worship. But it shall be the duty of the Legislature to
pass such laws as [may] shell be necessary to protect every religious
denomination in the peaceable enjoyment of their own mode of public worship.
SECTION 5. Every citizen shall be at liberty to
speak, write, or publish his opinions on any subject, being responsible for the
abuse of that privilege: and no law shall ever be passed curtailing the liberty
of speech or of the press.
SECTION 6. In prosecutions for the publication of
papers investigating the official conduct of officers, or men in a public capacity,
or when the matter published is proper for public information, the truth
thereof may be given in evidence. And in all indictments for libels, the jury
shall have the right to determine the law and the facts, under the direction of
the court, as in other cases.
SECTION 7. The people shall be secure in their
[persons] houses, papers, and possessions from all unreasonable seizures or
sea[r]ches; and no warrant to search any place, or to seize any person or
thing, shall issue, without describing them as near as may be, nor without
probable cause supported by oath or affirmation.
SECTION 8. In all criminal prosecutions, the accused
shall have a speedy public trial, by an impartial jury: he shall not be
compelled to give evidence against himself: he shall have the right of being
heard by himself or counsel, or both; shall be confronted with the witnesses
against him, and shall have compulsory process for obtaining witnesses in his
favour: and no person shall be holden to answer for any criminal charge, but on
indictment or information, except in cases arising in the land or naval forces,
or offences against the laws regulating the militia.
SECTION 9. All prisoners shall be bailable by
sufficient sureties, unless for capital offences, when the proof is evident or
the presumption great; but this provision shall not be so construed as to
prohibit bail after indictment found, upon an examination of the evidence by a
Judge of the Supreme or District Court, upon the return of the [a] write of
habeas corpus, returnable in the county where the offence is committed.
SECTION 10. The privileges of the write of habeas
corpus shall not be suspended, except when in case of rebellion or invasion the
public safety may require it.
SECTION 11. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel or unusual punishment inflicted. All courts
shall be open, and every person, for an injury done him in his lands, goods,
person, or reputation, shall have remedy by due course of law.
SECTION 12. No person, for the same offence, shall be
twice put in jeopardy of life or limb, nor shall a person be again put upon
trial for the same offence after a verdict of not guilty; and the right of
trial by jury shall remain inviolate.
SECTION 13. Every citizen shall have the right to
keep and bear arms, in the lawful defence of himself or the State.
SECTION 14. No bill of attainder, ex post facto law,
retroactive law, or any law impairing the obligation of contracts shall be
made, and no person's property shall be taken or applied to public use, without
adequate compensation being made, unless by the consent of such person.
SECTION 15. No person shall ever be imprisoned for
debt.
SECTION 16. No citizen of this State shall be
deprived of life, liberty, property, or privileges, outlawed, exiled, or in any
manner disfranchised, except by due course of the law of the land.
SECTION 17. The military shall at all times be subordinate
to the civil authority.
SECTION 18. Perpetuities and monopolies are contrary
to the genius of a free government, and shall never be allowed: nor shall the
law of primogeniture or entailments ever be in force in this State.
SECTION 19. The citizens shall have the right, in a
peaceable manner, to assemble together for their common good, and to apply to
those invested with the power[s] of government for redress of grievances, or
other purposes, by petition, address, or remonstrance.
SECTION 20. No power of suspending laws in this State
shall be exercised, except by the Legislature, or its authority.
SECTION 21. To guard against transgressions of the
high powers herein delegated, we declare that everything in this "Bill of
Rights" is excepted out of the general powers of government, and shall for
ever remain inviolate, and all laws contrary thereto, or to the following
provisions, shall be void.
ARTICLE II.
DIVISION OF THE POWERS OF
GOVERNMENT.
SECTION 1. The powers of the Government of the State
of Texas shall be divided into three distinct departments, and each of them be
confided to a separate body of magistracy -- to wit: those which are
Legislative to one, those which are Executive to another, and those which are
Judicial to another; and no person, or collection of persons, being of one of
those departments, shall exercise any power, properly attached to either of the
others, except in the instances herein expressly permitted.
ARTICLE III.
LEGISLATIVE DEPARTMENT.
SECTION 1. Every free male person who shall have
attained the age of twenty-one years, and who shall be a citizen of the United
States, or who is at the time of the adoption of this Constitution by the
Congress of the United States, a citizen of the Republic of Texas, and shall
have resided in this State one year next preceding an election, and the last
six months within the district, county, city or town, in which he offers to
vote (Indians not taxes, Africans and descendants of Africans excepted), shall
be deemed a qualified elector: and should such qualified elector happen to be
in any other county, situated in the district in which he resides, at the time
of an election, he shall be permitted to vote for any district officer,
provided that the qualified electors shall be permitted to vote anywhere in the
State for State officers, and provided further that no soldier, seaman, or
marine in the Army or Navy of the United States, shall be entitled to vote at
any election created by this Constitution.
SECTION 2. All free male persons over the age of twenty-one
years (Indians not taxed, Africans and descendants of Africans excepted), who
shall have resided six months in Texas, immediately preceding the acceptance of
this Constitution by the Congress of the United States shall be deemed
qualified electors.
SECTION 3. Electors in all cases shall be privileged
from arrest during their attendance at elections, and in going to and returning
from the same, except in cases of treason, felony, or breach of the peace.
SECTION 4. The Legislative powers of this State shall
be vested in two distinct branches; the one to be styled the Senate, and the
other the House of Representatives, and both together the "Legislature of
the State of Texas." The style of the [all] laws shall be, "Be it
enacted by the Legislature of the State of Texas."
SECTION 5. The members of the House of
Representatives shall be chosen by the qualified electors, and their term of
office shall be two years from the day of the general election; and the
sessions of the Legislature shall be biennial, at such times as shall be
prescribed by law.
SECTION 6. No person shall be a Representative,
unless he be a citizen of the United States, or at the time of the adoption of
this Constitution a citizen of the Republic of Texas, and shall have been an
inhabitant of this State two years next preceding his election, and the last
year thereof a citizen of the county, city or town, for which he shall be
chosen, and shall have attained the age of twenty-one years, at the time of his
election.
SECTION 7. All elections by the people shall be held
at such time and places in the several counties, cities or towns, as are now,
or may hereafter be designated by law.
SECTION 8. The Senators shall be chosen by the
qualified electors for the term of four years; and shall be divided by lot into
two classes [as] nearly equal as can be. The seats of Senators of the first
class shall be vacated at the expiration of the first two years; and of the
second class at the expiration of four years; so that one-half thereof shall be
chosen biennially thereafter.
SECTION 9. Such mode of classifying new additional
Senators shall be observed, as will as nearly as possible preserve an equality
of number in each class.
SECTION 10. When a Senatorial district shall be
composed of two or more counties, it shall not be separated by any county
belonging to another district.
SECTION 11. No person shall be a Senator unless he be
a citizen of the United States, or at the time of the acceptance of this
Constitution by the Congress of the United States, a citizen of the Republic of
Texas; and shall have been an inhabitant of this State three years next
preceding the election; and the last year thereof a resident of the district
for which he shall be chosen, and have attained the age of thirty years.
SECTION 12. The House of Representatives, when
assembled, shall elect a Speaker and its other officers, and the Senate shall
choose a President for the time being, and its other officers. Each House shall
judge of the qualifications and elections of its own members, but contested
elections shall be determined in such manner as shall be directed by law:
two-thirds of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day, and compel the attendance of absent
members, in such manner, and under such penalties as each House may provide.
SECTION 13. Each House may determine the rules of its
own proceedings, punish members for disorderly conduct, and with the consent of
two-thirds, expel a member, but not a second time for the same offence.
SECTION 14. Each House shall keep a journal of its
own proceedings, and publish the same; and the yeas and nays of the members of
either House, on any question, shall, at the desire of any three members
present be entered on the journal[s].
SECTION 15. When vacancies happen in either House,
the Governor, or the person exercising the power of the Governor, shall issue
writs of election to fill such vacancies.
SECTION 16. Senators and Representatives shall, in
all cases, except in treason, felony, or breach of the peace, be privileged
from arrest during the session of the Legislature, and in going to and
returning from the same, allowing one day for every twenty miles, such member
may reside from the place at which the Legislature is convened.
SECTION 17. Each House may punish by imprisonment
during the session, any person not a member, for disrespectful or disorderly
conduct, in its presence, or for obstructing any of its proceedings: provided,
such imprisonment shall not at any one time exceed forty-eight hours.
SECTION 18. The doors of each House shall be kept
open.
SECTION 19. Neither House shall, without the consent
of the other, adjourn for more than three days; nor to any other place than
that in which they may be sitting, without the concurrence of both Houses.
SECTION 20. Bills may originate in either House, and be
amended, altered, or rejected by the other; but no bill shall have the force of
a law, until on three several days it be read in each House, and free
discussion be allowed thereon, unless in case of great emergency, four-fifths
of the House in which the bill shall be pending, may deem it expedient to
dispense with this rule; and every bill having passed both Houses, shall be
signed by the Speaker and President of their respective Houses.
SECTION 21. All bills for raising revenue shall
originate in the House of Representatives, but the Senate may amend or reject
them as other bills.
SECTION 22. After a bill or resolution has been
rejected by either branch of the Legislature, no bill or resolution containing
the same substance shall be passed into a law during the same session.
SECTION 23. Each member of the Legislature shall
receive from the public Treasury a compensation for his services, which may be
increased or diminished by law; but no increase of compensation shall take
effect during the session at which such increase shall be made.
SECTION 24. No Senator or Representative shall,
during the term for which he may be elected, be eligible to any civil office of
profit under this State, which shall have been created, or the emoluments of
which may have been increased during such term; and no member of either House
of the Legislature shall, during the term for which he is elected, be eligible
to any office or place, the appointment to which may be made in whole or in
part, by either branch of the Legislature; nor shall the members thereof be
capable of voting for a member of their own body, for any office whatever,
except it be in such cases as are herein provided. The President for the time
being of the Senate, and Speaker of the House of Representatives, shall be
elected from their respective bodies.
SECTION 25. No Judge of any court of law or equity,
Secretary of State, Attorney-General, Clerk of any court of record, Sheriff, or
Collector, or any person holding a lucrative office under the United States, or
this State, or any foreign government, shall be eligible to the Legislature;
nor shall at the same time hold or exercise any two offices, agencies, or
appointments of trust or profit, under this State: provided, that officers* of
the militia, to which there is attached no annual salary, or the office of
Justice of the Peace shall not be deemed lucrative. *[In the original, a
pencil mark is drawn through the letter r in the word officers.]
SECTION 26. No person who at any time may have been a
Collector of taxes, or who may have been otherwise entrusted with public money,
shall be eligible to the Legislature, or to any office of profit or trust under
the State government, until he shall have obtained a discharge for the amount
of such collections, and for all public moneys with which he may have [been]
entrusted.
SECTION 27. Ministers of the Gospel, being by their
profession dedicated to God and the care of souls, ought not to be diverted
from the great duties of their functions; therefore, no Minister of the Gospel,
or priest of any denominations whatever, shall be eligible to the Legislature.
SECTION 28. Elections for Senators and
Representatives shall be general throughout the State, and shall be regulated
by law.
SECTION 29. The Legislature shall at their first
meeting, and in the year one thousand eight hundred and forty-eight and fifty,
and every eight years thereafter, cause an enumeration to be made of all the
free inhabitants (Indians not taxes, Africans and descendants of Africans
excepted) of the State, designating particularly the number of qualified
electors; and the whole number of Representatives shall at the several periods
of making such enumeration be fixed by Legislature, and apportioned among the
several counties, cities or towns, according to the number of free population
in each; and shall not be less than forty-five, nor more than ninety.
SECTION 30. Until the first enumeration and
apportionment under this Constitution, the following shall be the apportionment
of Representatives amongst the several counties, viz.: The county of Montgomery
shall elect four Representatives; the counties [of] Red River, Harrison,
Nacogdoches, Harris and Washington, shall elect three Representatives each; the
counties of Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine,
Liberty, Robertson, Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales
and Bexar, two Representatives each; the counties of Jefferson, Jasper, Brazos,
Milam, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio,
Goliad and San Patricio, one Representative each.
SECTION 31. The whole number of Senators shall at the
next sessions after the several periods of making the enumeration, be fixed by
the Legislature, and apportioned among the several districts to be established
by law, according to the number of qualified electors, and shall never be less
than nineteen, nor more than thirty-three.
SECTION 32. Until the first enumeration, as provided
for by this Constitution, the Senatorial districts shall be as follows, to wit:
the counties of Fannin and Lamar shall constitute the first district, and shall
elect one Senator; the counties of Red River and Bowie the second district, and
elect one Senator; the counties of Fannin, Lamar, Red River and Bowie,
conjointly shall elect one Senator; the county of Harrison, the third district,
shall elect one Senator; the counties of Nacogdoches, Rusk, and Houston, the
fourth district, shall elect two Senators; the counties of San Augustine and
Shelby, the fifth district, shall elect one Senator; the counties of Sabine and
Jasper, the sixth district, shall elect one Senator; the counties of Liberty
and Jefferson, the seventh district, shall elect one Senator; the counties of
Robertson and Brazos, the eighth district, shall elect one Senator; the county
of Montgomery, the ninth district, shall elect one Senator; the county of
Harris, the tenth district, shall elect one Senator; the county of Galveston,
the eleventh district, shall elect one Senator; the counties of Brazoria and
Matagorda, the twelfth district, shall elect one Senator; the counties of
Austin and Fort Bend, the thirteenth district, shall elect one Senator; the
counties of Colorado and Fayette, the fourteenth district, shall elect one
Senator; the counties of Bastrop and Travis, the fifteenth district, shall
elect one Senator; the counties of Washington and Milam, the sixteenth
district, shall elect one Senator; the counties of Victoria, Gonzales and
Jackson, the seventeenth district, shall elect one Senator; the county of Bexar,
the eighteenth district, shall elect one Senator; and the counties of Goliad,
Refugio and San Patricio, the nineteenth district, shall elect one Senator.
SECTION 33. The first session of the Legislature,
after the adoption of this Constitution by the Congress of the United States,
shall be held at the City of Austin, the present seat of government, and
thereafter, until the year one thousand eight hundred and fifty; after which
period the seat of government shall be permanently located by the people.
SECTION 34. The members of the Legislature shall, at
their first session, receive from the Treasury of the State, as their
compensation, three dollars for each day they shall be in attendance on, and
three dollars for every twenty-five miles travelling to and from the place of
convening the Legislature.
SECTION 35. In order to settle permanently the seat
of government, an election shall be holden throughout the State, at the usual
places of holding elections, on the first Monday in March, one thousand eight hundred
and fifty; which shall be conducted according to law, at which time the people
shall vote for such place as they may see proper for the seat of government.
The returns of said election to be transmitted to the Governor by the first
Monday in June: if either place voted for shall have a majority of the whole
number of votes case, then the same shall be the permanent seat of government
until the year one thousand eight hundred and seventy, unless the State shall
sooner be divided. But in case neither place voted for shall have the majority
of the whole number of votes given in, then the Governor shall issue his
proclamation for an election to be holden in the same manner, on the first
Monday in October one thousand eight hundred and fifty, between the two places,
having the highest number of votes at the first election. The election shall be
conducted in the same manner as at the first, and the returns made to the
Governor, and the place having the highest number of votes shall be the seat of
government for the time herein before provided.
ARTICLE IV.
JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of this State shall be
vested in one Supreme Court, in District Courts, and in such inferior courts as
the Legislature may from time to time ordain and establish; and such
jurisdiction may be vested in corporation courts as may be deemed necessary,
and be directed by law.
SECTION 2. The Supreme Court shall consist of a Chief
Justice and two Associates, any two of whom shall form a quorum.
SECTION 3. The Supreme Court shall have appellate
jurisdiction only, which shall be coextensive with the limits of the State; but
in criminal cases, and in appeals from interlocutory judgments, with such
exceptions and under such regulations as the Legislature shall make. And the
Supreme Court and Judges thereof shall have power to issue the write of habeas
corpus, and under such regulations as may be prescribed by law may issue writs
of mandamus, and such other writs as shall be necessary to enforce its own
jurisdiction, and also compel a Judge of the District Court to proceed to trial
and judgment in a cause. And the Supreme Court shall hold its sessions once
every year, between the months of October and June inclusive, at not more than
three places in the State.
SECTION 4. The Supreme Court shall appoint its own
Clerks, who shall hold their offices for four years, and be subject to removal
by the said court for neglect of duty, misdemeanor in office, and such other
causes as may be prescribed by law.
SECTION 5. The Governor shall nominate, and by and
with the advice and consent of two-thirds of the Senate, shall appoint the
Judges of the Supreme and District Courts, and they shall hold their offices
for six years.
SECTION 6. The State shall be divided into convenient
judicial districts. For each district, there shall be elected [appointed] a
Judge who shall reside in the same, and hold the Courts at one place in each
county, and at least twice in each year, in such manner as may be prescribed by
law.
SECTION 7. The Judges of the Supreme Court shall
receive a salary not less than two thousand dollars annually, and the Judges of
the District Court a salary not less than seventeen hundred and fifty dollars
annually; and the salaries of the Judges shall not be increased or diminished
during their continuance in office.
SECTION 8. The Judges of the Supreme and District
Courts, shall be removed by the Governor, on the address of two-thirds of each
House of the Legislature, for wilful neglect of duty or other reasonable cause which
shall not be sufficient ground for impeachment: provided however, that the
cause or causes for which such removal shall be required, shall be stated at
length in such address, and entered on the journals of each House; and provided
further, that the cause or causes shall be notified to the Judge so intended to
be removed; and he shall be admitted to a hearing in his own defence before any
vote shall pass: And in all such cases, the vote shall be taken by yeas and
nays and entered on the journals of each House respectively.
SECTION 9. All Judges of the Supreme and District
Courts, shall be virtue of their offices be conservators of the peace
throughout the State. The style of all writs and process shall be "The
State of Texas." All prosecutions shall be carried on in the name and by
the authority of the "State of Texas," and conclude, "against
the peace and dignity of the State."
SECTION 10. The District Court shall have original
jurisdiction of all criminal cases for all suits in behalf of the State to recover
penalties, forfeitures, and escheats, and of all cases of divorce, and of all
suits, complaints, and pleas whatever, without regard to any distinction
between law and equity, when the matter in controversy shall be valued at, or
amount to one hundred dollars, exclusive of interest; and the said courts, or
the Judges thereof, shall have power to issue all writs, necessary to enforce
their own jurisdiction and to* give them a general superintendence and control
over inferior jurisdictions. And in the trial of all criminal cases, the jury
trying the same shall find and assess the amount of punishment to be inflicted,
or fine imposed; except in capital cases, and where the punishment or fine
imposed shall be specifically imposed by law.
SECTION 11. There shall be a clerk of the district
courts for each county, who shall be elected by the qualified voters for
members of the legislature, and who shall hold his office for four years,
subject to removal by information, or by presentment of a grand jury, and conviction
by a petit jury. In case of vacancy, the judge of the district shall have the
power to appoint a clerk until a regular election shall be held.
SECTION 12. The governor shall nominate, and, by and
with the advice and consent of two thirds of the senate, appoint an attorney
general, who shall hold his office for two years; and there shall be elected by
joint vote of both houses of the legislature a district attorney for each
district, who shall hold his office for two years; and the duties, salaries,
and perquisites of the attorney general and district attorneys shall be
prescribed by law.
SECTION 13. There shall be appointed for each county
a convenient number of justices of the peace, one sheriff, one coroner, and a
sufficient number of constables, who shall hold their offices for two years, to
be elected by the qualified voters of the district or county as the legislature
may direct. Justices of the peace, sheriffs, and coroners, shall be
commissioned by the governor. The sheriff shall not be eligible more than four
years in every six.
SECTION 14. No judge shall sit in any case wherein he
shall be interested, or where either of the parties may be connected with him
by affinity or consanguinity within such degrees as may be prescribed by law,
or where he shall have been of counsel in the cause. When the supreme court, or
any two of its members, shall be thus disqualified to hear and determine any
cause or causes in said court, or when no judgment can be rendered in any case
or cases in said court, by reason of the equal division of opinion of said
judges, the same shall be certified to the governor of the State, who shall
immediately commission the requisite number of persons learned in the law, for
the trial and determination of said case or cases. When the Judges of the
District Court are thus disqualified, the parties may, by consent appoint a
proper person to try the said case; and the Judges of the said courts, may
exchange districts, or hold courts for each other, when they may deem it
expedient, and shall do so when directed by law. The disqualification of Judges
of inferior tribunals, shall be remedied as may hereafter be by law prescribed.
*[This word to, in the original, is crossed out by pencil mark]
SECTION 15. Inferior tribunals shall be established
in each county for appointing guardians, granting letters testamentary and of
administration; for settling the accounts of executors, administrators, and
guardians, and for the transaction of business appertaining to estates; and the
District Courts shall have original and appellate jurisdiction, and general
control over the said inferior tribunals, and original jurisdiction and control
over executors, administrators, guardians, and minors, under such regulations
as may be prescribed by law.
SECTION 16. In the trial of all causes in equity in
the District Court, the plaintiff or defendant, shall, upon application made in
open court, have the right of trial by jury, to be governed by the rules and
regulations prescribed in trials at law.
SECTION 17. Justices of the Peace shall have such
civil and criminal jurisdiction as shall be provided for by law.
SECTION 18. In all causes arising out of a contract,
before any inferior judicial tribunal, when the amount in controversy shall
exceed ten dollars, the plaintiff or defendant shall upon application to the
presiding officer have the right of trial by jury.
SECTION 19. In all cases where Justices of the Peace,
or other judicial officers of inferior tribunals shall have jurisdiction in the
trial ofcauses, where the penalty for the violation of a law is fine or
imprisonment (except in cases of contempt) the accused shall have the right of
trial by jury.
ARTICLE V.
EXECUTIVE DEPARTMENT.
SECTION 1. The supreme executive power of this State
shall be vested in the Chief Magistrate, who shall be styled the Governor of
the State of Texas.
SECTION 2. The Governor shall be elected by the
qualified electors of the State, at the time and places of elections for
members of the Legislature.
SECTION 3. The returns of every election for
Governor, until otherwise provided by law, shall be made out, sealed up, and
transmitted to the Seat of Government, and directed to the Speaker of the House
of Representatives, who shall, during the first week of the session of the
Legislature thereafter, open and publish them in the presence of both Houses of
the Legislature; the person having the highest number of votes, and being
constitutionally eligible, shall be declared by the Speaker, under the
direction of the Legislature to be Governor; but if two or more persons shall
have the highest and an equal number of votes, one of them shall be immediately
chosen Governor by joint vote of both Houses of the Legislature. Contested
elections for Governor shall be determined by both Houses of the Legislature.
SECTION 4. The Governor shall hold his office for the
term of two years from the regular time of installation, and until his
successor shall be duly qualified, but shall not be eligible for more than four
years in any term of six years; he shall be at least thirty years of age, shall
be a citizen of the United States, or a citizen of the State of Texas, at the
time of the adoption of this Constitution, and shall have resided in the same
three years immediately preceding his election.
SECTION 5. He shall, at stated times, receive a
compensation for his services which shall not be increased or diminished,
during the term for which he shall have been elected. The first Governor shall
receive an annual salary of two thousand dollars and no more.
SECTION 6. The Governor shall be Commander-in-chief
of the army and navy of this State and of the militia except when they shall be
called into the service of the United States.
SECTION 7. He may require information in writing from
the officers of the Executive Department, on any subject relating to the duties
of their respective offices.
SECTION 8. He may by proclamation on extraordinary
occasions convene the Legislature at the Seat of Government, or at a different
place, if that should be in the actual possession of a public enemy. In case of
disagreement between the two Houses, with respect to adjournment, he may
adjourn them to such time as he shall think proper, not beyond the day of the
next regular meeting of the Legislature.
SECTION 9. He shall from time to time give to the
Legislature information, in writing, of the state of the Government, and
recommend to their consideration such measures as he may deem expedient.
SECTION 10. He shall take care that the laws be
faithfully executed.
SECTION 11. In all criminal cases, except in those of
treason and impeachment, he shall have power, after conviction, to grant
reprieves and pardons; and under such rules as the Legislature may prescribe,
he shall have power by and with the advice and consent of the Senate, to grant
reprieves and pardons, and he may, in the recess of the Senate, respite the
sentence, until the end of the next session of the Legislature.
SECTION 12. There shall also be a Lieutenant-Governor
who shall be chosen at every election for Governor, by the same persons, and in
the same manner, continue in office for the same time, and possess the same
qualifications. In voting for Governor and Lieutenant-Governor, the electors
shall distinguish for whom they vote as Governor, and for whom as
Lieutenant-Governor. The Lieutenant-Governor shall, by virtue of his office, be
President of the Senate, and have, when in committee of the whole, a right to
debate and vote on all questions, and when the Senate is equally divided to
give the casting vote. In case of the death, resignation, removal from office,
inability or refusal of the Governor to serve, or of his impeachment or absence
from the State, the Lieutenant-Governor shall exercise the powers and authority
appertaining to the office of Governor, until another be chosen at the
periodical election, and be duly qualified, or until the Governor impeached,
absent, or disabled, shall be acquitted, return, or his disability removed.
SECTION 13. Whenever the government shall be
administered by the Lieutenant-Governor, or he shall be unable to attend as
President of the Senate, the Senate shall elect one of their own members as
President for the time being. And if, during the vacancy of the office of
Governor, the Lieutenant-Governor shall die, resign, refuse to serve, or be
removed from office, or be unable to serve, or if he shall be impeached, or
absent from the State, the President of the Senate for the time being, shall in
like manner administer the government until he shall be superceded by a
Governor or Lieutenant-Governor; the Lieutenant-Governor shall, whilst he acts
as President of the Senate receive for his services the same compensation which
shall be allowed to the Speaker of the House of Representatives, and no more,
and during the time he administers the government as Governor, shall receive
the same compensation which the Governor would have received had he been
employed in the duties of his office, and no more. -- The President for the
time being of the Senate shall, during the time he administers the government,
receive in like manner the same compensation which the Governor would have
received, had he been employed in the duties of his office. If the
Lieutenant-Governor shall be required to administer the government, and shall,
whilst in such administration die, resign, or be absent from the State, during
the recess of the Legislature, it shall be the duty of the Secretary of State,
to convene the Senate for the purpose of choosing a President for the time
being.
SECTION 14. There shall be a seal of the State, which
shall be kept by the Governor and used by him officially. The said seal shall
be a star of five points, encircled by an olive and live oak branches, and the
words "The State of Texas."
SECTION 15. All commissions shall be in the name and
by the authority of the State of Texas, be sealed with the State Seal, signed
by the Governor and attested by the Secretary of State.
SECTION 16. There shall be a Secretary of State who
shall be appointed by the Governor, by and with the advice and consent of the
Senate, and shall continue in office during the term of service of the Governor
elect. -- He shall keep a fair register of all official acts and proceedings of
the Governor, and shall when required lay the same and all papers, minutes, and
vouchers, relative thereto, before the Legislature, or either House thereof,
and shall perform such other duties as may be required of him by law.
SECTION 17. Every bill which shall have passed both
Houses of the Legislature shall be presented to the Governor; if he approve, he
shall sign it; but if not, he shall return it with his objections to the House
in which it shall have originated, who shall enter the objections at large upon
the journals and proceed to reconsider it; if, after such reconsideration
two-thirds of the members present shall agree to pass the bill, it shall be
sent, with the objections, to the other House, by which it shall likewise be
re-considered; if approved by two-thirds of the members present, of that House,
it shall become a law: but in such cases the votes of both Houses shall be
determined by yeas and nays, and the names of the members voting for or against
the bill, shall be entered on the journals of each House respectively; if any
bill shall not be returned by the Governor within five days, Sundays excepted,
after it shall have been presented to him, the same shall be a law, in like
manner, as if he had signed it. Every bill presented to the Governor one day previous
to the adjournment of the Legislature, and not returned to the House in which
it originated before its adjournment, shall become a law, and have the same
force and effect as if signed by the Governor.
SECTION 18. Every order, resolution or vote, to which
the concurrence of both Houses of the Legislature may be necessary, except on
questions of adjournment, shall be presented to the Governor, and before it
shall take effect, be approved by him, or being disapproved, shall be re-passed
by both Houses, according to the rules and limitations prescribed in the case
of a bill.
SECTION 19. The Governor, by and with the advice and
consent of two-thirds of the Senate, shall appoint a convenient number of
Notaries Public, not exceeding six for each county, who in addition to such
duties as are prescribed by law, shall discharge such other duties as the
Legislature may from time to time prescribe.
SECTION 20. Nominations to fill all vacancies that
may have occurred during the recess, shall be made to the Senate during the
first ten days of its session. And should any nomination so made be rejected,
the same individual shall not again be nominated during the session to fill the
same office. And should be Governor fail to make nominations to fill any
vacancy during the session of the Senate, such vacancy shall not be filled by
the Governor until the next meeting of the Senate.
SECTION 21. The Governor shall reside during the
session of the Legislature, at the place where the sessions may be held, and at
all other times whenever, in their opinion the public good may require.
SECTION 22. No person holding the office of Governor,
shall hold any other office or commission, civil or military.
SECTION 23. A State Treasurer and Comptroller of
public accounts shall be biennially elected, by the joint ballot of both Houses
of the Legislature, and in case of vacancy in either of said offices, during
the recess of the Legislature, such vacancy shall be filled by the Governor,
which appointment shall continue until the close of the next session of the
Legislature thereafter.
ARTICLE VI.
MILITIA.
SECTION 1. The Legislature shall provide by law for
organizing and disciplining the militia of this State, in such manner as they
shall deem expedient, not incompatible with the Constitution and laws of the
United States in relation thereto.
SECTION 2. Any person who conscientiously scruples to
bear arms shall not be compelled to do so, but shall pay an equivalent for
personal service.
SECTION 3. No licensed Minister of the Gospel shall
be required to perform military duty, work on roads, or serve on juries in this
State.
SECTION 4. The Governor shall have power to call
forth the militia to execute the laws of the State, to suppress insurrections
and to repel invasions.
ARTICLE VII.
GENERAL PROVISIONS.
SECTION 1. Members of the Legislature and all officers,
before they enter upon the duties of their offices shall take the following
oath or affirmation: "I, (A. B.) do solemnly swear (or affirm) that I will
faithfully and impartially discharge and perform, all the duties incumbent on
me as ------------, according to the best of my skill and ability, agreeably to
the Constitution and laws of the United States and of this State: And I do
further solemnly swear (or affirm) that since the adoption of this Constitution
by the Congress of the United States, I being a citizen of this State, have not
fought a duel with deadly weapons, within this State, nor out of it, nor have I
sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted
as second in carrying a challenge, or aided, advised or assisted, any person
thus offending -- so help me God."
SECTION 2. Treason against this State shall consist
only in levying war against it, or in adhering to its enemies -- giving them
aid and comfort; and no person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or by his own confession in
open court.
SECTION 3. Every person shall be disqualified from
holding any office of trust or profit in this State, who shall have been
convicted of having given or offered a bribe to procure his election or
appointment.
SECTION 4. Laws shall be made to exclude from office,
serving on juries, and from the right of suffrage, those who shall hereafter be
convicted of bribery, perjury, forgery, or other high crimes. The privilege of
free suffrage shall be supported by laws regulating elections, and by
prohibiting, under adequate penalties, all undue influence thereon from power,
bribery, tumult, or other improper practice.
SECTION 5. Any citizen of this State who shall, after
the adoption of this Constitution, fight a duel with deadly weapons, or send or
accept a challenge to fight a duel with deadly weapons, either within the State
or out of it, or who shall act as second, or knowingly aid and assist, in any
manner, those thus offending, shall be deprived of holding any office of trust
or profit under this State.
SECTION 6. In all elections by the people the vote
shall be by ballot until the Legislature shall otherwise direct; and in all
elections by the Senate and House of Representatives, jointly or separately,
the vote shall be given viva voce, except in the election of their officers.
SECTION 7. The Legislature shall provide by law for
the compensation of all officers, servants, agents and public contractors, not
provided for by this Constitution, and shall not grant extra compensation to
any officer, agent, servant, or public contractor, after such public service
shall have been performed, or contract entered into for the performance of the
same; nor grant by appropriation or otherwise, any amount of money out of the
Treasury of the State, to any individual on a claim real or pretended, where
the same shall not have been provided for by pre-existing law: Provided, that
nothing in this section shall be so construed as to affect the claims of
persons against the Republic of Texas, heretofore existing.
SECTION 8. No money shall be drawn from the Treasury
but in pursuance of specific appropriations made by law; nor shall any
appropriation of money be made for a longer term than two years, except for
purposes of education; and no appropriation for private or individual purposes,
or for purposes of internal improvement, shall be made, without the concurrence
of two-thirds of both Houses of the Legislature. A regular statement and
account of the receipts and expenditures of all public money shall be published
annually in such manner as shall be prescribed by law. And in no case shall the
Legislature have the power to issue "Treasury Warrants,"
"Treasury Notes," or paper of any description intended to circulate
as money.
SECTION 9. All civil officers shall reside within the
State; and all district or county officers, within their districts or counties;
and shall keep their offices at such places therein, as may be required by law.
SECTION 10. The duration of all offices not fixed by
this Constitution shall never exceed four years.
SECTION 11. Absence on the business of this State, or
of the United States, shall not forfeit a residence once obtained, so as to
deprive any one of the right of suffrage, or of being elected, or appointed to
any office, under the exceptions contained in this Constitution.
SECTION 12. The Legislature shall have power to
provide for deductions from the salaries of public officers, hwo may neglect
the performance of any duty that may be assigned them by law.
SECTION 13. No member of Congress, nor person holding
or exercising any office of profit or trust under the United States, or either
of them, or under any foreign power, shall be eligible as a member of the
Legislature or hold or exercise any office of profit or trust under this State.
SECTION 14. The Legislature shall provide for a
change of venu in civil and criminal cases; and for the erection of a
Penitentiary at as early a day as practicable.
SECTION 15. It shall be the duty of the Legislature,
to pass such laws as may be necessary and proper, to decide differences by
arbitration, when the parties shall elect that method of trial.
SECTION 16. Within five years after the adoption of
this Constitution, the laws civil and criminal shall be revised, digested,
arranged, and published in such manner as the Legislature shall direct, and a
like revision, digest, and publication, shall be made every ten years
thereafter.
SECTION 17. No lottery shall be authorized by this
State: and the buying or selling of lottery tickets within this State is
prohibited.
SECTION 18. No divorce shall be granted by the
Legislature.
SECTION 19. All property both real and personal of
the wife, owned or claimed by her before marriage, and that acquired afterwards
by gift, devise, or descent, shall be her separated property: and laws shall be
passed more clearly defining the rights of the wife, in relation as well to her
separate property, as that held in common with her husband. Laws shall also be
passed providing for the registration of the wife's separate property.
SECTION 20. The rights of property and of action
which have been acquired under the Constitution and laws of the Republic of
Texas shall not be divested; nor shall any rights or actions, which have been
divested, barred, or declared null and void, by the Constitution and laws of
the Republic of Texas, be re-invested, revis[v]ed or reinstated by this
Constitution; but the same shall remain precisely in the situation which they
were before the adoption of this Constitution.
SECTION 21. All claims, locations, surveys, grants
and titles to land, which are declared null and void by the Constitution of the
Republic of Texas, are, and the same shall, remain forever null and void.
SECTION 22. The Legislature shall have power to
protect by law from forced sale a certain portion of the property of all heads
of families. The homestead of a family not to exceed two hundred acres of land
(not including in a town or city) or any town or city lot or lots in value not
to exceed two thousand dollars, shall not be subject to forced sale, for any debts
hereafter contracted, nor shall the owner if a married man, be at liberty to
alienate the same, unless by the consent of the wife, in such manner as the
Legislature may hereafter point out.
SECTION 23. The Legislature shall provide in what
cases officers shall continue to perform the duties of their offices, until
their successors shall be duly qualified.
SECTION 24. Every law enacted by the Legislature,
shall embrace but one object, and that shall be expressed in the title.
SECTION 25. No law shall be revised or amended by
reference to its title; but in such case the act revised, or section amended,
shall be re-enacted and published at length.
SECTION 26. No person shall hold or exercise at the
same time, more than one civil office of emolument, except that of Justice of
the Peace.
SECTION 27. Taxation shall be equal and uniform
throughout the State. -- All property in this State shall be taxes in
proportion to its value, to be ascertained as directed by law, except such
property as two-thirds of both Houses of the Legislature may think proper to
exempt from taxation. The Legislature shall have power to lay an income tax,
and to tax all persons pursuing any occupation, trade or profession: Provided
that the term occupation, shall not be construed to apply to pursuits, either
agricultural or mechanical.
SECTION 28. The Legislature shall have power to
provide by law for exempting from taxation, two hundred and fifty dollars'
worth of the household furniture or other property belonging to each family in
this State.
SECTION 29. The Assessor and Collector of taxes,
shall be appointed in such manner, and under such regulations, as the
Legislature may direct.
SECTION 30. No corporate body shall hereafter be
created, renewed, or extended, with banking or discounting privileges.
SECTION 31. No private corporation shall be created,
unless the bill creating it shall be passed by two-thirds of both Houses of the
Legislature; and two-thirds of the Legislature shall have power to revoke and
repeal all private corporations, by making compensation for the franchise. And
the State shall not be part owner of the stock, or property, belonging to any
corporation.
SECTION 32. The Legislature shall prohibit by law
individuals from issuing bills, checks, promissory notes, or other paper to
circulate as money.
SECTION 33. The aggregate amount of debts hereafter
contracted by the Legislature, shall never exceed the sum of one hundred
thousand dollars, except in case of war, to repel invasion, or suppress
insurrections. And in no case shall any amount be borrowed, except by vote of
two-thirds of both Houses of the Legislature.
SECTION 34. The Legislature shall at the first
session thereof, and may at any subsequent session, establish new counties for
the convenience of the inhabitants of such new county or counties. Provided,
that no new county shall be established, which shall reduce the county or
counties, or either of them, from which it shall be taken, to a less area than
nine hundred square miles (except the county of Bowie) unless by consent of
two-thirds of the Legislature, nor shall any county be laid off of less
contents. Every new county as to the right of suffrage and representation, shall
be considered as part of the county or counties from which it was taken until
entitled by numbers to the right of separate representation.
SECTION 35. No soldier shall in time of peace be
quartered in the house or within the enclosure of any individual without the
consent of the owner, nor in time of war, but in a manner prescribed by law.
SECTION 36. The salaries of the Governor, and Judges
of the Supreme and District Courts, are hereby fixed at the minimum established
in the Constitution, and shall not be increased for ten years.
MODE OF AMENDING THE
CONSTITUTION
SEC 37. The Legislature, whenever two-thirds of each
House shall deem it necessary, may propose amendments to this Constitution:
which proposed amendments shall be duly published in the public prints of the
State, at least three months before the next general election of
Representatives, for the consideration of the people, and it shall be the duty
of the several returning officers, at the next election which shall be thus
holden, to open a poll for and make a return to, the Secretary of State, of the
names of all those voting for Representatives, who have voted on such proposed
amendments, and if thereupon it shall appear that a majority of all the
citizens of this State, voting for Representatives have voted in favor of such
proposed amendments, and two-thirds of each House of the next Legislature,
shall after such election, and before another ratify the same amendments by
yeas and nays, they shall be valid to all intents and purposes, as parts of
this Constitution; Provided, that the said proposed amendments shall at each of
the said sessions have been read on three several days, in each House.
ARTICLE VIII.
SLAVES.
SECTION 1. The Legislature shall have no power to
pass laws for the emancipation of slaves without the consent of their owners,
nor without paying their owners previous to such emancipation, a full
equivalent in money for the slaves so emancipated. -- They shall have no power
to prevent emigrants to this State from bringing with them such persons as are
deemed slaves, by the laws of any of the United States, so long as any person
of the same age or description shall be continued in slavery by the laws of
this State: Provided, that such slave be the bona fide property of such
emigrants -- provided also that laws shall be passed to inhibit the
introduction into this State of slaves who have committed high crimes in other
states or territories. They shall have the right to pass laws to permit the
owners of slaves to emancipate them, saving the rights of creditors, and
preventing them from becoming a public charge. They shall have full power to
pass laws, which will oblige the owners of slaves to treat them with humanity,
to provide for their necessary food and clothing, to abstain from all injuries
to them extending to life or limb, and in case of their neglect or refusal to
comply with the directions of such laws, to have such slave or slaves taken
from such owner, and sold for the benefit of such owner or owners. They may
pass laws to prevent slaves from being brought into this State as merchandize
only.
SECTION 2. In the prosecution of slaves for crimes of
a higher grade that petit larceny, the Legislature shall have no power to
deprive them of an impartial trial by a petit jury.
SECTION 3. Any person who shall maliciously
dismember, or deprive a slave of life, shall suffer such punishment as would be
inflicted, in case the like offence had been committed upon a free white
person, and on the like proof -- except in case of insurrection of such slave.
ARTICLE IX.
IMPEACHMENT.
SECTION 1. The power of impeachment shall be vested
in the House of Representatives.
SECTION 2. Impeachment of the Governor,
Lieutenant-Governor, Attorney-General, Secretary of State, Treasurer,
Comptroller, and of the Judges of the District Courts, shall be tried by the
Senate.
SECTION 3. Impeachments of Judges of the Supreme
Court, shall be tried by the Senate. -- When sitting as a Court of impeachment,
the Senators shall be upon oath or affirmation, and no person shall be
convicted without the concurrence of two-thirds of the Senators present.
SECTION 4. Judgment in cases of impeachment, shall
extend only to removal from office, and disqualification from holding any
office of honour, trust, or profit, under this State, but the parties convicted
shall nevertheless be subject to indictment, trial and punishment, according to
law.
SECTION 5. All Officers against whom articles of
impeachment may be preferred, shall be suspended from the exercise of the
duties of their Office, during the pendency of such impeachment: The appointing
power may make a provisional appointment to fill the vacancy occasioned by the
suspension of an Officer, until the decision on the impeachment.
SECTION 6. The Legislature shall provide for the
trial, punishment, and removal from Office, of all other Officers of the State
by indictment or otherwise.
ARTICLE X.
EDUCATION.
SECTION 1. A general diffusion of knowledge being
essential to the preservation of the rights and liberties of the people, it
shall be the duty of the Legislature of this State to make suitable provisions
for the support and maintenance of public schools.
SECTION 2. The Legislature shall as early as
practicable establish free schools throughout the State, and shall furnish
means for their support, by taxation on property: And it shall be the duty of
the Legislature to set apart not less than one-tenth of the annual revenue of
the State derivable from taxation, as a perpetual fund, which fund shall be
appropriated to the support of free public schools. and no law shall ever be
made diverting said fund to any other use; and until such time as the
Legislature shall provide for the establishment of such schools in the several
Districts of the State, the fund thus created shall remain as a charge against
the State passed to the credit of the free common school fund.
SECTION 3. All public lands which have been
heretofore, or which may hereafter be granted for public schools, to the
various counties, or other political division in this State, shall not be
alienated in fee, nor disposed of otherwise than by lease for a term not
exceeding twenty years, in such manner as the Legislature may direct.
SECTION 4. The several counties in this State which
have not received their quantum of lands for the purposes of education shall be
entitled to the same quantity heretofore appropriated by the Congress of the
Republic of Texas to other counties.
ARTICLE XI.
SECTION 1. All certificates for head-right claims to
land, issued to fictitious persons, or which were forged, and all locations and
surveys thereon, are, and the same were null and void from the beginning.
SECTION 2. The District Courts shall be opened until
the first day of July, one thousand eight hundred and forty-seven, for the
establishment of certificates for head-rights, not recommended by the
Commissioners appointed under the act, to detect fraudulent land certificates,
and to provide for issuing patents to legal claimants; and the parties suing
shall produce the like proof, and be subjected to the requisitions which were
necessary, and were prescribed by law to sustain the original application for
the said certificates, and all certificates above referred to, not established
or sued upon before the period limited, shall be barred, and the said
certificates, and all locations and surveys thereon, shall be for ever null and
void -- and all re-locations made on such surveys, shall not be disturbed until
the certificates are established as above directed.
ARTICLE XII.
LAND-OFFICE.
SECTION 1. There shall be one general Land-Office in
the State, which shall, be at the Seat of Government, where all titles which
have heretofore emanated, or may hereafter emanate from Government, shall be
registered; and the Legislature may establish from time to time such
subordinate offices as they may deem requisite.
ARTICLE XIII.
SCHEDULE.
SECTION 1. That no inconvenience may arise from a
change of separate natural [national] Government to a State Government, it is
declared, that all process, which shall be issued in the name of the Republic
of Texas, prior to the organization of the State government under this
Constitution, shall be as valid as if issued in the name of the State of Texas.
SECTION 2. The validity of all bonds and
recognizances, executed in conformity with the Constitution and laws of the
Republic of Texas, shall not be impaired by the change of government, but may
be sued for, and recovered in the name of the Governor of the State of Texas,
and all criminal prosecutions or penal actions, which shall have arisen, prior
to the organization of the State government under this Constitution, in any of
the Courts of the Republic of Texas, shall be prosecuted to judgment and
execution in the name of said State. All suits at law and equity which may be
depending in any of the Courts of the Republic of Texas, prior to the
organization of the State government under this Constitution shall be transferred
to the proper court of the State, which shall have jurisdiction of the
subject-matter thereof.
SECTION 3. All laws and parts of laws now in force in
the Republic of Texas, which are not repugnant to the Constitution of the
United States, the joint resolutions for annexing Texas to the United States,
or to the provisions of this Constitution, shall continue and remain in force,
as the laws of this State, until they expire by their own limitation, or shall
be altered or repealed by the Legislature thereof.
SECTION 4. All fines, penalties, forfeitures, and
escheats which have accrued to the Republic of Texas under the Constitution and
laws, shall accrue to the State of Texas; and the Legislature shall by law,
provide a method for determining what lands may have been forfeited or
escheated.
SECTION 5. Immediately after the adjournment of this
Convention, the President of the Republic shall issue his proclamation,
directing the Chief Justices of the several counties of this Republic, and the
several Chief Justices and their associates, are hereby required to cause polls
to be opened in their respective counties, at the established precincts, on the
second Monday of October next, for the purpose of taking the sense of the
people of Texas, in regard to the adoption or rejection of this Constitution,
and the votes of all persons entitled to vote under the existing laws or this
Constitution shall be received. Each voter shall express his opinion by
declaring a "viva voice"* for "the Constitution accepted"
or "the Constitution rejected," or some words clearly expressing the
intention of the voter -- and at the same time the vote shall be taken in like
manner for and against annexation. The election shall be conducted in
conformity with the existing laws regulating elections, and the Chief Justices
of the several counties, shall carefully and promptly make duplicate returns of
said polls, one of which [shall] be transmitted to the Secretary of State of
the Republic of Texas, and the other deposited in the Clerk's Office of the
County Court. *[A pencil line has been drawn through the letter i in the
word voice in the original.]
SECTION 6. Upon the receipt of the said returns, or
on the second Monday of November next, if the returns be not sooner made, it
shall be the duty of the President, in presence of such officers of his cabinet
as may be present, and of all persons who may choose to attend to compare the
votes given for the ratification or rejection of this Constitution, and if it
should appear, from the returns, that a majority of all the votes given, is for
the adoption of the Constitution, then it shall be the duty of the President to
make proclamation of that fact, and thenceforth this Constitution shall be
ordained and established as the Constitution of the State, to go into
operation, and be of force and effect, from and after the organization of the
State government, under this Constitution: and the President of this Republic
is authorized and required, to transmit to the President of the United States,
duplicate copies of this Constitution, properly authenticated, together with
certified statements of the number of votes given for the ratification thereof,
and the number for rejection; one of which copies shall be transmitted by mail,
and one copy by special messenger, in sufficient time to reach the seat of
government of the United States, early in December next.
SECTION 7. Should this Constitution be accepted by
the people of Texas, it shall be the duty of the President, on or before, the
second Monday in November next, to issue his proclamation directing and
requiring elections to be holden in all the counties of this Republic on the
third Monday in December next, for the office of Governor, Lieutenant-Governor,
members of the Senate and House of Representatives of the State Legislature in
accordance with the apportionment of representation directed by this
Constitution. The returns for members of the Legislature of this State, shall
be made to the Department of State of this Republic, and those for Governor and
Lieutenant-Governor, shall be addressed to the Speaker of the House of
Representatives, endorsed "Election Returns of ---------- County for
Governor," and directed to the Department of State; and should from any
cause whatever, the Chief Justices of counties fail to cause to be holden any
of the polls or elections provided for by this Constitution at the times and
places herein directed, the people of the precincts where such failure exists,
are are* hereby authorized to choose managers, judges, and other officers to
conduct said elections. *[This word is crossed out by a pencil mark, upon
the original roll.]
SECTION 8. Immediately on the President of this
Republic receiving official information of the acceptance of this Constitution
by the Congress of the United States, he shall issue his proclamation convening
at an early day, the Legislature of the State of Texas at the Seat of
Government established under this Constitution, and after the said Legislature
shall have organized, the Speaker of the House of Representatives, shall in
presence of both branches of the Legislature open the returns of the elections,
for Governor and Lieutenant-Governor, count and compare the votes, and declare
the names of the persons who shall be elected to the offices of Governor, and
Lieutenant-Governor, who shall forthwith be enstalled in their respective
offices, and the Legislature shall proceed as early as practicable to elect
Senators to represent this state in the Senate of the United States; and also
provide for the election of Representatives to the Congress of the United
States. The Legislature shall also adopt such measures as may be required to
cede to the United States, at the proper time, all public edifices,
fortifications, barracks, ports, harbours, navy and navy-yards, docks,
magazines, arms and armaments, and all other property and means pertaining to
the public defence, now belonging to the Republic of Texas; and to make the
necessary preparations for transferring to the said United States, all custom
houses and other places for the collection of impost duties and other foreign
revenues.
SECTION 9. It shall be the duty of the President of
Texas, immediately after the inauguration of the Governor, to deliver to him
all records -- public money, documents, archives, and public property of every
description whatsoever, under the control of the executive branch of the
government; and the Governor shall dispose of the same in such manner as the
Legislature may direct.
SECTION 10. That no inconvenience may result from the
change of government, it is declared that the laws of this Republic relative to
the duties of officers both civil and military of the same, shall remain in
full force, and the duties of their several offices shall be performed in
conformity with the existing laws, until the organization of the government of
the State, under this Constitution, or until the first day of the meeting of
the Legislature -- That then the offices of President, Vice-President of the
President's Cabinet, Foreign Ministers, Charges and agents and others repugnant
to this Constitution, shall be superseded by the same, and that all others
shall be holden and exercised until they expire by their own limitation, or be
superseded by the authority of this Constitution or laws made in pursuance
thereof.
SECTION 11. In case of any disability on the part of
the President of the Republic of Texas to act as herein required, it shall be
the duty of the Secretary of State of the Republic of Texas, and in case of
disability on the part of the Secretary of State, then it shall be the duty of
the Attorney-General of the Republic of Texas to perform the duties assigned to
the President.
SECTION 12. The first general election for Governor,
Lieutenant-Governor, and members of the Legislature, after the organization of
the government, shall take place on the first Monday in November, one thousand
eight hundred and forty-seven, and shall be held biennially thereafter, on the
first Monday in November, until otherwise provided by the Legislature. And the
Governor and Lieutenant-Governor, elected in December next, shall hold their
offices, until the installation in office of the Governor and
Lieutenant-Governor to be elected in the year, one thousand eight hundred and
forty-seven.
SECTION 13. The ordinance passed by the Convention on
the fourth day of July, assenting to the overtures for the annexation of Texas
to the United States, shall be attached to this Constitution and form a part of
the same.
Done in Convention by the Deputies of the people of Texas, at
the City of Austin, this twenty-seventh day of August, in the year of our Lord
one thousand eight hundred and forty-five.
In testimony whereof, we have hereunto subscribed our names.
Tho. J. Rusk,
President
John D. Anderson, James Armstrong, Cavitt Armstrong, B. C.
Bagby, R. E. B. Baylor, R. Bache, I. W. Brashear, Geo. Wm. Brown, Jas. M.
Burroughs, Jno. Caldwell, William L. Cazeneau, Edward Clark, A. S. Cunningham,
Phil. M. Cuny, Nicholas H. Darnell, James Davis, Lemuel Dale Evans, Gustavus A.
Everts, Robert M. Forbes, David Gage, John Hemphill, J. Pinckney Henderson, A.
W. O. Hicks, Jos. L. Hogg, A. C. Horton, Volney E. Howard, Spearman Holland,
Wm. L. Hunter, Van R. Irion, Henry J. Jewett, Oliver Jones, H. L. Kinney,
Albert H. Latimer, Henry R. Latimer, John M. Lewis, James Love, P. O. Lumpkin,
Sam. Lusk, Abner S. Lipscomb, James S. Mayfield, A. M'Gowan, Archibald M'Neill,
J. B. Miller, Francis Moore, Jr., J. Antonio Navarro, W. B. Ochiltree, Isaac
Parker, James Power, Emergy Rains, H. G. Runnels, James Scott, Geo. W. Smyth,
Israel Standefer, Chas. Bellinger Steward, E. H. Tarrant, Isaac Van Zandt,
Francis M. White, Geo. T. Wood, G. W. Write, Wm. Cock Young.
Attest,
James H. Raymond,
Secretary of the Convention.
_____________________________________________
AMENDMENT TO THE
CONSTITUTION.
SECTION 1. Be it resolved by the Legislature of the
State of Texas, That the Constitution of the State of Texas be so altered and
amended, that the Judges of the Supreme Court, Judges of the District Courts,
Attorney-General, District Attorneys, Comptroller of Public Accounts, Treasurer
of the State, and the Commissioner of the General Land Office, shall, at the
expiration of their respective terms of office, or in case a vacancy may occur,
in either of them, by death, resignation, or otherwise, after this amendment
takes effect, and thereafter, be elected by the qualified electors of the
State, in the manner prescribed by law.
SECTION 2. Be it further resolved, That the election
for District Judges and District Attorneys shall be confined to their
respective districts.
Approved, January 16, 1850
_____________________________________________
AN ORDINANCE.
WHEREAS, various contracts have been entered into by the
President of the Republic of Texas, with divers individuals, with the expressed
intention of colonizing an enormous amount of the public domain of Texas; and
Whereas, it is believed that said contracts are unconstitutional,
and therefore void from the beginning, and if carried out would operate as a
monopoly of upwards of seven millions of acres of the public domain of Texas,
in the hands of a few individuals -- when, in truth, the citizen soldiers and
creditors of the Republic of Texas had, by the laws and Constitution of said
Republic, a clear and indisputable previously subsisting right to locate upon
the public domain thus attempted to be assigned to said contractors: --
SECTION 1. Therefore it is hereby ordained and
declared, That it shall be the duty of the Attorney-General of this State, or
the District Attorney of the district in which any portion of the colonies may
be situate, as soon as the organization of the State shall be complete, to
institute legal proceedings against all colony contractors who have entered
into contracts with the President of Texas; and if upon such investigation, it
shall be found that any such contract was unconstitutional, illegal or
fraudulent, or that the conditions of the same have not been complied with
according to its terms, such contract shall be adjudged and decreed null and
void: Provided, however, that all actual settlers under any such contract shall
be entitled to their quantity of land as colonists -- not to exceed six hundred
and forty acres to the head of a family, and three hundred and twenty acres to
a single man. And in all suits brought by or against any contractors, or any
person claiming under, by or through them, or either of them, it shall be
lawful for the adverse claimant to set forth any plea that it would have been
competent for the State to plead; and the party may introduce testimony to
prove the claim or title to have been forfeited, as well for frauds, or
illegality or unconstitutionality, as on account of a failure to comply with
the conditions of the original grant or contract; and any such pleas shall be
deemed good and valid in law, in all such suit or suits in this State.
SECTION 2. Be it further ordained, That the
Legislature is hereby restrained from extending any contract for settling a
colony, and from relieving any contractor from the failure of the conditions,
or the forfeiture accruing from non-compliance with the contract.
SECTION 3. And be it further enacted, That this
ordinance shall be presented to the people for their adoption or rejection, at
the same time that this Constitution shall be presented to them, and the
returns of the votes taken on this ordinance shall be made to the office of the
Secretary of State of the Republic of Texas, at the same time the votes for the
Constitution may be returned.
Adopted in Convention, this twenty-seventh day of August,
one thousand eight hundred and forty-five.
Thos. J. Rusk,
President
Attest,
James H. Raymond,
Secretary of the Convention
