Texas National Register. (Washington, Tex.), Vol. 1, No. 42, Ed. 1, Thursday, September 25, 1845 Page: 4 of 8
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' ' 4
TEXAS NATIONAL REGISTER
333
September 25
'
i
tion into this State of slaves who have com-
mitted high crimes in other states or territories.
They shall have the right to pass laws to per-
mit 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 psiss laws which will
oblige the owners of slaves to treat them with
humanity; to provide for them necessary
food and clothing; to abstain from all inju-
ries 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. f
Sec. 2. In the prosecution of slaves tor
crimes of a higher grade than petit larceny
the Legislature shall have no power to de-
prive them of an impartial trial by a petit jury-
Sec. 3. Any person who shall malicious-
ly dismember or deprive a slave of lite sha 1
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 NINTH.
IMABACHMENT.
Section 1. The power of impeachment
shall be vested in the House of Representa-
tives. Sec. 2 Impeachment of the Governor
Lieutenant Governor Atto ney Geneneral
Secretary of Suite Treasurer Comptroller
and of the Judges of the District Courts shall
ba tried by the Senate.
Sec. 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 pre-
sent. Sec. 4. Judgment iti cases of impeach-
ment shall extend only to removal from office
and disqualification from holding any office
of honor trust or profit under this state; but
the parlies convicted shall nevertheless be
subject to indictment trial and punishment
according to law.
Sec. 5. All officers against whom ai tides
of impeachment may be preferred shall be
suspended from the exercise of the duties ot
their office during the pendency of such im-
peachment : 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.
Sec. 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 TENTH.
EDUCATION.
Section L A general diffusion of knowl-
edge 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 provision for the support and
maintenance of public schools.
Sec. 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
tin; State derivable from taxation as a perpet-
ual fund which fund shall be appropriated to
the support of free public schools; and no
i.w chilli ever be made diverting said fund to
any othei use; and until such time as the Le-
gislature shall provide lortne estauiisumeni oi
such schools in the several districts of the
si vie the fund thus created shall remain as a
charge against the state passed to the credit
of the free common school fund.
Sec. 3. All public lands which have been
heretofore or which may hereafter be granted
for public schools to the various counties or
other political divisions in this state shall not
be alisnated in fee nor disposed of otherwise
than by lease for a term not exceeding twenty
years in such manner as the Legislature may
direct.
Sec. 4. The several counties in this state
whieh have not received their quantum of
lands for the purposes of education shall be
entitled to the same quantity heretofore appro-
priated by the Congress of the Republic of
Texas to other counties.
ARTICLE ELEVENTH.
Section 1. All certificates for head-right
claims to lands 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.
Sec 2. Thai District Courts shall be
opened until the'first day of July one thous-
and eight hundred and forty-seven .for the
establishment of certificstes for head-rights
not rocWmmendsd by the Commissioners ap-
iatoaTuadertlse act to oVtci fraudulent Und
certificates and to provide for issuing patents
to legal claimants; and the parties suing
shall produce the like proof und he subjected
to the requisitions which were necessary and
wero 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 forever
null and void ; and all re-locations made on
such surveys shall not lie disturbed until the
certificates are established as above directed.
ARTICLE TWE! FT II.
LAND OFFICE.
Section 1. There shall be one General
Laud Office in the state which shall he at
the seat of Government where ail titles which
have heretofore emanated or may hereafter
emanate from Government shall he registered.
And the Legislature may estuhlteh from time
to time such subordinate offices as they may
deem requisite.
ARTICLE THIRTEENTH.
SCHEDULE.
Section 1. That no inconvenience may
arise from a change of separate National Go-
vernment to a Stale Government it is declar-
ed that all process which .shall be issued in
the name of the Republic of Texas prior to
the organization of the State Government un-
der this Constitution shall boas valid as ii is-
sued in the name of t he Stale of Texas.
Sec. 2. The validity of all bonds and re-
cognizances executed in conformity with the
Constitution and laws of the Republic of
Texas shall not be impaired by the change of
government but muy be siivd for and recover-
ed in the name of the Governor of the State
of Texas ; and ail criminal prosecutions or
penal actions which shall have arisen prior to
the organization of the State Govei nrneut un-
der 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 allow and equity which may
be depending in any of the courts of the Re-
public 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 sub-
ject matter thereof.
Sec. 3. All laws and parts of laws now in
force in the Republic of Texas which are
not repugnant to the Constitution of the Uni
ted Stales the joint resolutions for annexing
Texas to the United States or to the provi-
sions 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 there-
of. Sec. 4. All fines penalties forfeitures
and escheats which have accrued to the Re-
public of Texas under ti'e 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.
Sec 5. Immediately after the adjourn-
ment of this Convention the President of the
Republic shall issue his proclamation direct-
ing the Chief Justices of the several counties
of this Republic ami the several Chief Justi-
ces ami 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 pur-
pose of taking the sense of the people of Tex-
as 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 liis opinion by declaring by a
''viva voce" vote for "the Constitution ac-
cepted" or "the Constitution rejected" or
some words clearly expressing the intention
of the voter; and at the same time the vote
shall betaken 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 seve-
ral counties shall carefully and promptly
make duplicate returns of said polls one of
which shall he transmitted to the Secretary of
State of the Repuhbo of Texas and the oth-
er deposited in the Clerk's office of the County
Court.
Sec. 6. Upon the receipt of the said re-
turns 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 pre-
sent and of all persons who may choose to
attend to compare the votes given for the ra-
tification or rejection of this Constitution ;
and if it shall appear from the returns that a
majority of all the votes given is for the adop-
tion 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 Con-
stitution of the State to go into operation and
be of foree and effect from nud after the or-
ganization of the state Government under this
Constitution; and the President of this Re-
public is authorized and required to transmit
to the President of the United Stales dupli-
cate copies of this Constitution properly au-
thenticated together with certified statements
of the number of votes given for the ratifica-
tion thereof and the number for rejection one
of which copies shall be transmitted by mail
and one copy by o special messenger in suf-
ficient time to reach the seat of Government
of the United States early in December next.
Sec. 7. Should this Constitution be ac-
cepted by the people or Texas it shall be the
Inly of the President on or before the sec-
ond Monday in November next to issue his
proclamation directing and requiring elec-
tions to be holden in alj the counties of this
Republic on the third Monday in December
next for the office of Governor Lieutenant
day of .August in the fear of our Lord one thousand
eight hundred and forty-five.
In testimony whereof we hate hereunto subscribed
our names.
THO. J. RUSK President.
John D. Anderson Oliver .Jones
II. L. Kinney
Albert Ii. Latimer
II. R. Latimer
John M. Lewis
Isaac W. Brashear James Love
Geo. Win. Brown P. (J. Lumpkin
James M. Burroughs Sam. Luak
B. C. Bagby A. S. Lipeomb
John Caldwell James S. Mavfield
William L. Cazneau Alexander McGowan
Edward Clark A. McNeill
A. S. Cunningham J. B. Miller
Jumes Armstrong
Cavitt Armstrong
R. E. B. Baylor
R. Bache
Philip M. Cuney
N. II. Darnell
James Davi.-.
John Hemphill
J. P. Henderson
A. W.O Hicks
Joscoh L. iiojrjj
A. C. Horton
V. E. Howard
S. Holland
Francis Aluorc Jr.
J. Antonio Navarro
W. B Ochiltree
Isaac Parker
James Power
Emery lining
II. G. iiuunels
James Scott
George W. Smyth
Israel StJindefer
Charles ii. a'lcwart
E. Ii. Tarr. nt
Isaac Van Z..ndt
Francis M. White
Governor and members of the Senate and
House of Representatives of the State Lens- Lemuel D. Evans
lattice in accordance with the apportionment ' G. A. Everts
of representation directed by this Conslitu- R-M-Forbes
tion. The returns for members of the Trms. D. Gaire.
-
latureof this Stale shall he made to the De-
partment of Slate 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 count? ibr Governor" and direc
ted to the Department of State; and should
irom any cause whatever the Chict Justice of William L. Hunter George T. Wood
counties fail to cause to be holden any of the Van 11. Irion George V'. Wright
polls oi ejections provided bv this Cnnstitu- Henry J. Jewelt Win. Cocke You nor.
tirn at the times and places herein directed
the people of the precinct where such failure
exists are hereby authorized to choose man-
agers Judges and other officers to conduct
said elections.
Sec. 8. Immediately on the President of
this Republic receiving official information oi
the acceptance of this Constitution by the
Congress of the United States lie shall issue
his proclamation convening at an early day
the Legislature of the State of Texas at the
Henry J. Jewelt
Attest:
James 11. Raymond
Secretary of die Convention.
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 Lieu
tenant Governor count and compare the votes
AN ORDINANCE.
WHEilEAS various contract:; have open entered
into by the PreMdent of the Tiepnt-iii: of Texas wilk.
divers individuals with the expressed intention ot.
colonizing an enormous amount ot the public do-
main of Texas: and
VYiiKiiEAs it is believed that said contracts are uncon-
stitutional and therefore void frrn the Siejiwiinjf.
and if earied out would operate as- a monopoly of!
upwards of seven miliums of acres of the public do-
main of Texas' in the hands of a fe'.v individuals
when in truth the citizens soldiers and creditor of
the Republic ofTexas had by the lauasnd consti-
tution of said Republic a clear and indisputable pre-
viously subsisting right to locate up m the public
domain thus attempted to be as.-igutd to said conr
tractors;
Section 1. Therefore il is hereby ordained and di-
atiii declare the names of the nersona who I
shall be elected to the offices of Governor and ! c"?rf' ThaL 'l S'ia" 'l" ll duty f lht" tl0cy-Gen--
f- . .. . . ' eral of this Mate or the District Auorric. ot the Dis-
Lieu tenant Governor who shall forthwith be j lricl in which auy porlioil of lhe Colo.eav be situ-
installed in their respective offices ; and thi
Legislature shall proceed as early 33 practica-
ble 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 Le-
gislature shall ulso adopt such measures as
may be required to cede to the United States
at the proper time all public edifices fortifi-
cations barracks ports harbors navy ad
navy yards docks magazines arms and ar-
maments and all other propeity and means
pertaining to the public defeuce now belong
ing to the Republic of Texas; and to make
the necessary preparations for transferring to
the said United States all custom-houses and
otlser places for the collection of impost du-
ties and other foreign revenues.
Sec 9. It shall be the duty of tin President of
Texas immediately after the inauguration of tho
Governor to dulm-r to him all th records public
money document.-- archive? nd public property of
every description whatsoever under the control of
lhe executive branch of the government ; and the
Governor shall dispose of the saina in such manusr
as the Legislature may direct.
See. 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 oSces 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 Fresideut of the President's Cabinet.
Foreign Ministers Charges nud agents and others
repugnant to this constitution shall be superseded by
the suine ; and that all others .shall be holden and ex-
ercised until they expire by their own limitation or
be superseded by the authority of this constitution or
laws made in pursuance thereof.
Sec. 11. In case of any disability on the part of
the President of the Republic of Texas to act as here-
in required it shall be the duty of the Secretary bf
Stateof die Republic of Texas and in case of disabili-
ty on the part of the Secretary of Stale then it shall
be the duty of the Attorney General of the ftppubhc
of Texas to perform the duties assigned to tho Presi-
dent. Sec. 12. The firs general election for Governor
Lieutenant Governor and memhersof the Legislature
after the organization of the government shall take
place on thofirstMonday in November one thousand
eight hundred and forty-seven and shall be held bien-
nially thereafter on the first Monday in November
until otherwise provided by tho Legislature; and the
Governor and Lieutenant Governor elected in De-
cember next shall hold their ollicrs until tlieinsta'.iav
tion in office of the Governor and Lieutenant Govern-
or to be elected in the year one thousand eight hun-
dred and forty-seven
Sec. 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 Conttitution and form a part of
the same.
Done in convention by the Deputies of the people
of Texu at the city of Austin thii twenty-ssventh
ate as soon as the organization of the State .-hail bo
completed to institute legal proceedings against all
colony contractors who have entered into contract!
with the President of Texas; and if upon uch investi-
gation ii shall be found that any such contract wae
unconstitutional illegal or fraudulentor that the con
dititions of the same have not been complied with ac-
cording to its terms such contract shjll be adjudged
and decreed null and void: Provided however that all
actual settlers under any such contract .-hail be entitlrd
to their quantity of land as colonists net to exceed
six hundred and forty acres to the head of a family;
and three hundred and twenty acre? to a single man.
And in all suits brought by or against any contractor?
oranv person claiming under by or through them; or
- i cither of thsm. ilbliall be lawful for the adverse claim
ant to set forth any plea that it would have been com.
pelenl for tho State to plead; and the party may intro-
duce testimony to ptove the claim or titleto have been
forieiled. as well for frauds or illegality or unconstitu-
tionality as on account of a failure to comply with the
conditions of the original grant or contract; and any
such pleas shall be deeircd good and valid in law in
all such suit or suits in this State.
Section 2. Be il further ordained That tho Leg-
islature is hereby restrained from extending any con-
tract for settling a colony and from relieving any con-
tractor from the failure of the conditions or the forfei-
ture accruing from non-compliance with the contract.
Section 3 And be il further ordained. That this
ordinance Miall be presented to the people for their a-
doption or rejection al the same time that this consti
tulion shall be presented to them and the returns of
the voles taken on this Ordinance shall be made to the
ollicu of the Secretary of State of the Republic of
Te.as at the same time the voles for the Constitution
maj be returned.
Adopted in Convention this 57th day of August
one thousand eight hundred and forty-five.
THO. J. HUSK President.
Attest :
Jas. IL Raymond Secretary of Convention.
AN ORDINANCE.
Whereas the Congress of the United Statcg
of America has passed resolutions pro-
viding' for the annexation of Texas to
that Union which resolutions were ap-
proved by the President of the United
Stales on the first day of March one
thousand eight hundred and forty-five;
and whereas the President of the United
States has submitted to Texas the first
and second sectionsof the said resolution
as the basis upon which Texas may be
admitted as one of the States of the said
Union ; and whereas the existing go-
vernment of the Republic of Texas has
assented to the proposals thus made lht
terms and conditions of which are as
follows :
" Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled. That
Congress doth consent that the territory
properly included within and rightfully
belonging to the Republic of Texaa may
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Texas National Register. (Washington, Tex.), Vol. 1, No. 42, Ed. 1, Thursday, September 25, 1845, newspaper, September 25, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80136/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.