Texas National Register. (Washington, Tex.), Vol. 1, No. 21, Ed. 1, Thursday, May 1, 1845 Page: 4 of 8
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TTOXAS NATIONAL KEGTSTER.
May -11
JMMi gM iWfcii
CONSTITUTION
' &
OP THE
REPUBLIC OF. TRXAS-
We the people of Texas in order to form
a government establish justice-ensure domes-
tic tranquility provide for the common defence
and general welfare;. and to secure thebless-
iiios of liberty to ourselves and. our posterity
do ordain and establish this Constitution..
ARTICLE L
Section 1. The powers of this govern-
ment shpli.be divided iuto three departments
viz;: legislative executive nnd judicial which
shall remain forever separate and distinct.
Sec. 2. The legislative power shall ba
vested in a Senate and House of Represent;-
tires to be styled the Congress of the Repuh
lie of Texas. .
Sec 3. The members of the House of
Representatives shall be. chosen annually on
the first Monday of September each year
untilcongress shall otherwise provide by law
and shall hold their offices one year from the
date of their election.
Sec- 4. No person shall be eligible to a
seatjn the House of Representatives until he
shall have attained: the age. of twenty-five
years shall be a citizen of the Republic nnd
shall have resided in the county or district six
months next preceding his election.
Sec 5. The House of Representatives
shall not consist of less than twenty-four nor
more than forty members until the population
shall amount to one hundred thousand souls
after which time the whole number of repre-
sentatives shall not be lessthan forty norvinore
than one hundred: Provided however that
each county shall he entitled to at least one
representative.
Sec. 6.. The House of Representatives
shall choose their speaker and other officers
and shall have thesole power of impeachment..
Sec. 7.. The Senators- shall be chosen by
districts; as nearly equal in" free population
(free negroes and Indians excepted) as prac-
ticable; and the number of senators shall
never be less than one third ..nor more than
one half the number of representatives and
each district shall be entitled to one member
nnd no more.
Sec 8. . The Senators shall be chosenfo'r
the term of three years .on the first Monday
in Semptember;. shall be citizens of the Re-
public reside in the district for which . they
are respectively chosen.at lensT one year before
the election; and shall have attained the age
of thirty years.
Sec. 9. At. the. first session of congress
after the adoption of this Constitution the
Senators shall be divided by lot into three
classes as .nearly. equal as practicable ; jlie
seats of the senators -of the first class shall be
vacated at the end.of the first year; of the
second class at the end of the second year ;
the. third class at the. end of the third year in
such manner that one third shall be chosen
each year threafter. .
Sec 10. The Vice President of the Re-
public.shall be President of the Senate but
shall not vote. on any question .unless. the
senate be. equally divided.
Sec. 1 1. The Senate shall choose all oth-
er officers of their body and a President pro.
tempore in. the absence of.the Vice President
or whenever he. shall exercise the. office of
president; shall have the.sole power to try im-i
peachments and when sitting us -a court of
impeachment shall be. under oath ; but no
conviction shall take place without the. con-
currence of two thirds of all the members pre-
sent. Sec 12. Judgment.. in-cases of. impeach-
ment shall only extend to removal from office
and disqualification to hold any office of honor
trust or profit .under this government ; but the
party shall nevertheless be liable to indictment
trial judgment and punishment according to
law
Sec 13. Each house-shall be the judge of
the. elections qualifications and returns of its
own members. Two Ihirds of .each house
shall constitute a quorum-Jo do business but
a smaller number may adjourn from day to
day and may compel the attendance of absent
members.
Sec 14. Each house may determine the
rules of its own proceedings punish its mem-
bers for discrdeclyjiebavior and with the con-
currence of two thirds may expel a member
but not a second time;for the same.offence. .
Sec 15. Senators and representatives shall
receive a compensation-ibr their services -to. I e
fixed by law but increase of compensation
or diminution shall .take effect during the -session
at which such increase or'tainution
shall have been made. Theyshallxacpl in
case of treason felony or breach; of.the peace
be privileged from .arrest during the session
of congress and in going to and returning
from the same ; .and for any speech or debate
ii either house-they ehall not be questioned in
amy other place.
Sec. 16.. Euch house may punish by im-
prisonment during the jctoion any person
iwta member who shall be guilty of any dis-
rpect to the house by my disorderly con -dujet
i.iUhei". preseuce.. .
Sec 17. Each house sliallkeep a iournal
of its proceedings and publish the same ex
cept such parts as in its judgment require se-
crecy s When any three members shall desire
the yeas and nays on any question they shall
be entered on the journals.-
Sec. IS. Neither house without the con-
sent of the other shall adjourn for more than
three days nor to any other place than that
ill whicluhe two houses may be silting.
Sec. 19. When vacancies happen in cither
house ihe Executive shall issue writs of clec-
tion to fill such vacancies.
Sec. 20. No bill.shail become a law until
it shall have been rend on three several days
in each Jiouse and passed by the s.une .unless
in cases-of emergency two thirds of theincm-
hers of the house where the bill originated
shall deem it expedient to dispense with the
rule.
Sec. 21. After a. bill shall have been re-
jected no bill. containing the same substance
shall be passed into a law during the same ses
sion.
Sec. 22.. The style of the-laws of the Re
public shall-be : "Be it enacted by the.Sennte
and House of Representatives of the Repub-
lic of Texas in Congress assembled."'
Sec. 23. No person holding.au office of profit
under the government shall be eligible to a seat
in cither house of congress nor shall any mem-
ber of either house be eligible to any office
which may be created or ihe profits ofXvhieh
shall be increased during his term of service. .
Sec. 24. No holder of public monies or
collector thereof shall be eligible to a seat in
either house of congress until he shall have
fully acquitted himfelf of all responsibility and
shall produce the proper officer's receipt
thereof. Members of either house may protest
against any act or resolution and may have
such protest entered on the journals of their
respective houses.
Sec. 25. No money shall be drawn from
the public treasury but in strict accordance
with appropriations made by-law; and no
appropriations shall be made for private or
local purposes unless two thirds' of each
house concur in such appropriations.
Sec. 26..T Every act of congressrshall be-
approved and signed by the President before
it becomes a law; but if the President will not
approve or sign such act he shall return it to
the house in which it shall have originated
with his reasons far not approving the same
which shall be. spread upon the journals of
such-house andthe bill shall then be recon-
sidered and shall not become a law unless it
shall then pnss bya vote of two thirds of both
houses. If any act shall be disapproved by
the President the vote on the reconsideration
shall be recorded by ayes and noes. If the
president shall fail to return a bill within five
days (Sundays excepted) after it shall have
been preseuted for his-approval and signature
thesamehall become a law unlefs the con-
gress prevent its return within the time above
specified-by .adjournment.
Sec. 27. All bills acts orders or resolu-
tions: which the concurrence ofholh houses
may be necessary (motions or resolutions far
adjournment excepted) shall be approved and
signed by the President or being disapproved
shall be passed by two ihirds .of both houses
in manner and form as specified in section
twetitv.
ARTICLE II. -
Sec. I. Congress shall have power to levy
and collect taxes and impostsexeise- and ton-
age duties ; to borrow money on the faith
credit and property of the government to pay
the debts and to provide. for. the common de-
fence and general welfare of the republic.
Sec. 2. To regulate commerce to coin
money to regulate the value thereof and of
foreign coin to fix the standard of weights
and measures. but nothing but gold and silver
shall be made. a lawful tender.
Sec. 3.. To establish post offices and post
roads to grant charters of .incorporation pa-
tentsiand copy rights and to secure to the
authors and inventors the.exclusive use thereof
for a limited time. ....
Sec 4. To declare war grant letters of
'marqe and reprisal and to regulate captures.
Sec. 5. To provide and inaintain-.au army
and navy-. and to make alh.laws nnd regula
tions necessary. fM their governim-nt.
Sec. 6... To cull out the. militia to execute
the law to suppress insurrections and repel
invasion.
1 Sec 7. .To make all laws which shall be
deemed necessary .and. proper to carry iuto
effect the foregoing .cxpress-grauts.of power
and all other powers vested in the government
of the. Republic or in any -officer or depart-
ment thereof
. ARTICLE HI.
Sec lv Tba-Executive authority- of this
government shall be vested in a chief magis-
trate .who shall be styled the President of the
Republic of Texas. -
Sec 2. The first president elected by the
people shall hold his office for the term of two.
years' and shall be inclligible during the next
succeeding term; and all subsequent presi-
dents shall be. elected for three years and.be.
alike ineligible; and in the event of a tie the
house of representatives shall determine be-
tween the two-highest candidates ny u viva
voce vot.v
Sec 3.- The returns of the election for
President and Vice-President sh:dl be sealed
up and transmitted to the Speaker of the
house of representatives . by the holders of
elections of each county; and the speaker of
the house of representatives shall open and
publish the returns in presence of a majority
of each house of congress.
ARTICLE IV
Sec. 1; The judicial powers of the govern-
ment shall be vested in cue supreme court
and such inferior courts as the coi.gcess may
from time to time ordain and establish. The
judges of the supreme and inferior courts shall
hold their offices for four years be eligible to
re-election and shall at staled periods receive
for their services a compensation not to be
increased or-diminished during the period for
which they were elected.
Sec. 2.- The Republicof Texas'shall be
divided into convenient judicial districts not
less than three nor'tnore than eight.- There
shall be appointed for each district a judge
who shall reside in the same and hold the
courts at-such times and places as congress
may by law direct.
Sec. 3. In all admiralty nnd maritime
cases in all cases affecting ambassador pub-
lic ministers or consuls and in all capital cases
the district courts shall have exclusive original
jurisdiction and original jurisdiction in all
civil cases when the matter in controversy
amounts to one hundred dollars.
Sec. 4. The judges by virtue of their
offices shall be conservators of the peace
throughout the Republic. The style of all
process shnllbe "The Republic of Texas ;"
and all prosecutions shall.be carried on in the
name nnd-l'y the authority of the same and
.conclude " against the peace and dignity o
the Republic."
. Sec. 5.-. There-shall be a district -attorney
appointed for each district whose duties sala-
ries perquisites and term of service shall be
fixed by law.
Sec. 6. - The clerks of 'the district courts
shall be elected by the qualified voters -for
members of cougress in the counties where
the courts are established and shall hold their
offices for four years subject to removal by
presentment of a grand jury and conviction
of a petit jury.
Sec. 7. The supreme court slmll con-
sist of a chief justice and associate judges
a majority of whom with the chief- justice
shall constitute a quorum.
Sec. 8. The supreme court shall have
appellate jurisdiction only which shall be
conclusive within Abe limits of the Republic
and shall hold its -sessions annually at such
times and places as. may be fixed by law-:
Provided that no-judge shall sit in.a case-in
the supreme court tried by him in the-court be-
low. .
Sec. 9. The judges of the supreme and
.district courts shall be elected by joint ballot
of both houses of- congress.
Sec. 10. There shall-be in each county a
county court and such justices' courts as the
congress may from time to time establish. -
Sec. 1 1. The republic shall be divided
into convenient counties-but no new county
shall be established unless it be done on the
petition of one hundred free male inhabitants
of the territory sought-to belaid offend estab-
lished ; and unless the said territory shall con-
tain nine hundred square miles.
Sec. 12. Tuere 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 distsict or county .as
congress may direct. Justices of the peace
and sheriffs .'shall be commissioned by the
President. .
Sec. 13. The congress shall as early as
practicable introduce by statute the common-
law of England with such modifications as
our circumstances in their judgment may re-
quire ; .and in all-criminal cases the common
luw shall be therule of decision.
AltTlCLE V.
" Sec. 1. 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
r.o minister of the gospel or priest -of any de-
nomination whatever shall be eligible to the
office of the executive- of the republic nor to
a seati cither branch of the cougress-of the
same. i
Sec. 2. Each member of the senate nnd
house of representatives shall before they pro-
ceed to business take an oath to support the
constitution as follows :
"I A. B. do solemnly swenr or affirm as
the case may be that as a member of this
general congress I will support the constitu-
tion of the republic and that. I will not pro-
pose or assent to any billvote or resolution
which shall appear tounejnjurioqs to.lhc peo-
ple." .
Sec. 3-." Every person who' shall be chosen
or appointed to any office of trust or profit
shall before entering on the duties thereof
take an oath to support the constitution of the
republic and also an oath of office.
ARTICLE VI.
Sec; 1 No person shall be eligible lo the
office of president who sliall:nof have attained
the age of thirty-five years -shall be a citizen
of the republic at the time of the-adoption of
this constitution or an inhabitant of' thi'sre
public at least three years immediately pre-'
cediughis election -
Sec. 2. The president shall enter 'on -the''
duties of his office on the second -Monday ir
December next succeeding bi election and
shall remain in office until- his successor shall
be duly qualified.
Sec.1 3. The president shall at stated
times recive-a compensation for his services
which'shall not be increased or diminished
during bis continuance in office; nnd before
entering upon the duties of his office he shall-:
take and subscribe the following oath or af-
firmation: "1 A. B. President of the Repub- -lie
of Texas do solemnly and sincerely swenr
(or affirm as the case may be.) that 1 will faith-
fully execute the duties of my office end to
the best of my abilities preserve protect and
defend the constitution of the Republic."
Sec 4. He shall be commander-in-chief
of the army and navy of the republic and
militia thereof but he shall not command in
person without the authority of a resolution
of congress. He shall have power to remit
fines and forfeitures and to grant reprieves
and pardons except in cases of impeachment.-
Sec 51 He shall with the advice and con---sent
of two-thirds of the senate make treaties; .
and with the consent of the-senate appoint
ministers and consuls and all officers whose
offices are established by this constitution not "
herein otherwise provided for.
Sec. G.- The president shall have power to -fill
all vacancies that may happen during the
recess of the senate; but he shall report the
same to the senate within ten days'after the
next congress shall convene ; and should the -senate-reject
the same the president shall not
renominate the same individual to the same
office.-
Sec 11 He shall from lime to time give
congress information of ihe state of the repub-
lic nnd recommend for their consideration
such measures as he may deem necessary.
He-may upon extraordinary occasions con-
vene both houses or either of them. In 'the""
event of a disagreement as to the time of ad-
journment be may adjourn them to such time""'
as he may think proper. He shall receive all -foreign
ministers lie shall see that the laws
be faithfully executed nnd'shnll commission
all the officers of the Republic
Sec. S. There shall be a seal of the Re-
public which shall be kept by the President
and used by him -officially; it shall be called -the
great sealof the Republic of Texas.
Sec. 9. ' All grants and commissions shall
be in the name and by the authority of the
Republic of Texas shall be sealed with the -great
seal and signed by the president.
Sec 10.- The president shall have power -by
and with the. advice and consent of the
senate to appoint a Secretary of State and
such other beads of executive departments as
may be established by law who shall remain
inoffice during the term oi'service of the pre-
sident unless sooner removed by the president
with the advice and consent of the Senate.
Sec. 11. Every citizen of the Republic
who has attained the age of twenty-one years
and shall have resided six months within- the
district or- county where the election is held
shall be entitled to vote for members of tiie
general congress. -
Sec. 12 All elections shall be bv ballot .
unless congress shall otherwise direct. -
Sec. -13. - All elections by joint vole of both
houses of congress shall be viva voce shall bo
eoterned'on thejouruaIsaud a majority of the --
votes shall.be neeessaryto a choice.
Sec. 14"- A Vice President shall be chosen -at-cvery
election for 'President in the same
manner continue in office for the same time; -and
shall possess the same qualifications of
the president-- In voting for president' ami '
vice president? theelectors shall distinguish"
for whom they vote as-president and for-whom --
as vice president.
Sec. 15. Incases of impeachment renin-
.val from office denth-resignatiou or absence
of the president from the Republic the vice -president
shall exercise the powers and-discharge
theduties of the president until a sue-
eessor be duly qualified or until the president
who may beabsemvor impeached shall return' -or
be acquitted. -
Sec. .16. The-President sVice President -and
all civil officers of the -Republic- shall be
removable from office by impeachment for
and on conviction of treason bribery and -other
high crimes and misdemeanors.
SCHEDULE.
Sec. 1. That no inconvenience may arise
from the adoption of this Constitution it is
declared by this Convention that all laws now
in force iu Texas and not inconsistent with
.rSS-rt jv"1
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Texas National Register. (Washington, Tex.), Vol. 1, No. 21, Ed. 1, Thursday, May 1, 1845, newspaper, May 1, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80115/m1/4/?q=Lamar+University: accessed June 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.