Texas National Register. (Washington, Tex.), Vol. 1, No. 43, Ed. 1, Thursday, October 2, 1845 Page: 2 of 8
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338
TEXAS NATIONAL REGISTER
October 2
rnmrmn m
led be eligible t any civil office of profit under
this Stale which shall have been created or
the emoluments of which may have been in-
creased during such term; mid no member
of either House of the Legislature shall du-
ring the term for which he is elected be eli-
gible 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 alliee
whatever except it be in such cases as sue
herein provided. The President for the time
bein" of the Senate and Speaker of tne
House of Representatives shall be elected
from their respective bodies.
Sec. 25. No Judge of any Court of law
or equity Secretary of State Attorney Gene-
ral 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 offices of the militia
to which there is attached no annual salary
or the office .f Justice of the Peace shall not
be deemed lucrative.
Sec. '2$. 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.
Sec. 27. Ministers of the Gospel being
' by their profession dedicated to God and the
.care of souls ought not to be diverted from
the rent duties of their functions; therefore
no Minister of the Gospel or Priest of any
denomination whatever shall be eligible to
the Legislature.
Sec. 3. Elections for Senators and Re-
prcsentaiives shall be genera! throughout the
State and shall be regulated by law.
Sec. 9. The Legislature siV.ll at their
first meeting and in the year one thousand
ciht hundred and forty-eight and fifty and
everv un'lit vears thcrealter cause an enume
ration to.be made of ail the irtrn inhabitants j
(Indians nut taxed Africans ami desceuoauts
of Africans excepted) of the State designating-
particularly the number of qu liiied elect-
ors; and the whole number of Representa-
tives shall at the several periods of making
jsuch enumeration be fixed by the Legislature
and apportioned among the several counties
cities or towns according to the number of
fees population in each ; and shall not be less
than forty-five nor more than ninety.
Sec. ol). Until after the first enumeration
and apportionment under this Constitution the
following shall be the apportionment of Re-
presentatives amongst the several counties
viz:
The county of Montgomery shall elect four
Representatives ; the counties of Red River.
Harrison Nacogdoches Harris and Wash-
ington shall elect three Representatives each;
the counties of Fannin Lamar Bowie Shel-
by San Augustine Rusk Houston Sabine
Liberty Robertson Galveston Brazoria Pay--ette
Colorado Austin Gonzales and Bexar
two Representatives each; the counties of
Jefferson Jasper Brazos Milam Bastrop
Travis Matagorda Jackson Fort Bend Vic-
toria Refugio Goliad and San Palrico one
Representative each.
See. 31. The whole number of Senators j
jshall at the next session after the several peri-
ods of making the enumeration be fixed by
.the Legislature and apportioned among the
several districts to be established by law ac-8rdin-
to the number of qualified electors
and shail never be less than nineteen nor
in ore than thirty-three.
S.sc. 3'2. Until the 'first enumeration as
provided for by this Constitution the Sena-rnrl-i!
ilistrzcts shall be as follows to wit:
Thr- counties of Fannin and Lamar shall con-1
istitute the first district and elect one Senator; j
the counties of Red River and Bowie the j
second district and elect one Senator; the j
counties of Fannin Lam.tr Red River and
V.nwie. imniointlv. shall elect one Senator; !
ihe county of Harrison the third district shall
elect oue"Seiiator; the counties of Nacogdo-
ches Rusk and Houston the fourth distiiot
shall elect two Senators; the counties oi fean
Augustine and Shelby the fifth district shall
elect one Senator; ihe couuties of Sabine j
and Jasper uiusixui uwmti auuu ieci uhb
Senator; the counties of Liberty and Jeffer-
son the seventh district shall elect one Seua-
nP. the counties of Robertson and Brazos
ihe eighth district shall elect one Senator;
ihe county ot Montgomery the niulli district
shall elect one Senator ; Hie county of Har-
ris the tenth district shall elect one Senator;
the county of Galveston the eleventh district
shall elect one Senator; the couuties of Bra-
goriaaud Matagorda the twelfth district
Vhall elect one Senator ; the counties of Aus-
tin and Fn Bend the thirteenth district
Lejiisla-
shall elect one Senator ; the counties of Co-
lorado and Fayette the fourteenth district-
shall elect one Senator ; the couuties of Bus
trop and Travis the fifteenth district shall
elect one Senator ; the counties of Washing-
ton and Milam the sixteenth district shall
elect one Senator ; the counties of Victoria
Gonzales and Jackson the seventeenth dis-
trict shall elect one Senator; the county of
Bexar the eighteenth district shall elect one
Senator; and the counties of Goliad Refu-
gio and San Pntrico the nineteenth district
shall elect one Senator.
Sec. o'S. The first session of the Legisla-
ture after the adoption of this Constitution
by the Congress of the United Stales shall
be held at the city of Austin the present seat
of Government and thereafter until the year
one thousand eight hundred and filly ; after
which period Ihe seat d' Government shall be
permanently located by the people.
Sec. 'SI. The members of the
tore shall at their first session receive from
the Treasury of the State as their compen-
sation three dollars for each day they shnll
be in attendance on and three dollars for
every twenty-five miles travelling to and from
the place of convening the Legislature.
See. 35. In order to settle permanently
the seat of Government an election shail be
hidden throughout the State at the usual da-
ces of holding elections o.i the first Monday
in March one thousand eight hundred and
fifty ; which shall be conducted according to
law at which time the people shail 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 vo-
ted for shall have a majority of the whole
number of voles cast then the same shall be
the permanent seat oi'Governmenl until ll-e
year one thousand eight hundred and seventy
unless the Stateshall sooner be divided. But
in case neither piace. voted for shall have ihe
majority of the whole number of votes given
in then the Governor shall issue his procla-
mation for an election to be holden in the
same manner on the first Monday in Octo-
ber one tho'iisond eight hundred niuilifiy be-
tween the two places having ihe highest num-
ber of votes at the first eleeiion. The election
shall be conducted in the same manner as at
the first and the returns made to the Gover-
nor and li:e. place having the highest number
of votes shall bii the seat of Government for
ihe time herein before provided..
AitTlCLC rOUKTH.
JUDICIAL DiiPA RT M ENT.
Sec. I. The judicial power ofihis State
shall be vested in one Supreme Court in Dis-
trict Courts and in such inferior courts as the
Legislature may from lime to time orduiirand
establish and such jurisdiction may be vest-
ed in corporation conns as may be deemed
ueessary and be directed by law.
Sec. "2. The Supreme Court shall consist
of a Chief Justice and two Associates auy
two of whom shall form a quorum.
Sec. o. The Supreme Court shall have
appelialejurisdiction only which shall be co-
extensive with the limits of the Slate but in
criminal cases and in appeals from interlo-
cutory 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
writ of Habeas Corpus and under such regu-
lations as may be prescribed by law may is-
sue writs of Mandamus and such other writs
as shall be necessary to enforce its own juris-
diction ; and also compel a Judge of the Dis-
trict Court to proceed to trial and judgment
in a cause ; and the Supreme Court shall
hold it? sessions once every year between the
mouths of October and June inclusive at not
more than three places in the Slate.
Sec. -1. The Supreme Court shall ap-
point its own clerks who shail hold their offi-
ces for four years and be subject to removal
by the said Court for neglect of duty misde-
meanor iu office and such other causes as
may be prescribed Ly law.
Sec. o. The Governor shall nominate and
bvaud with the advice and consent of two-
thirds of the Senate shall appoint the Judges
of the Supreme and District Conrtu and they
shall hold their offices for six year.".
Sec G. The State shall be divided into
convenient Judicial Districts. For each Dis-
trict there shall be appointed a Judge who
shall reside in the same and hold the Courts
at one place iu each county and at least twice
in each year in such manner as may be p e-
scribed by law.
Sec. 7. The Judges of the Supreme
Court shall receive a salary not less than two
thousand dollars annually and the Judges of
Ihe District Court a salary not less than seven-
teen hundred and fifty dollars annually; and
the salaries of the Judges shall not be increa-
sed or diminished during their continuance
in office.
Sec. 8. The Judges of the Supreme and
District Courts shall he removed by the Go
House of the Legislature for wilful neglect of
duly or other reasonable cause which shall
not be sufficient ground for impeachment:
governed by the rules and regulations pre-
scribed in trials at law.
See. 17. Justices sf the Deuce shall hav
provided however mat the cause or causes j such civil and criminal iiirixJieliun. as shall
i I i 1 I )
mr wnicn sucn removal snail he required ; be provided for by Jaw.
shall he 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 m his own defence before any vote
for such address shall pass: and in all such I
. ...... i
See. 18. In all causes nrisii out of a eon
tract Lefore any inferior judicial tribunal
when the unoiint in controversy sh.sil exceed
ten dollar' the plaintiff or defendant shall
upon application to the presiding officer have
the right of trial by jury.
Sec. 19.. Ill all cases where Ji:-.!ief; of thft
cases the vote shall be taken by yeas and nays Peace or other judicial officers of inferior iri-
ami cnieieu on tne journals ol each Mouse
respectively.
Sec. 9. All Judircs of the Sunreme and
w I
but.als shall have jurisdiction in the. trial of
causes where the penalty fr the violation of
t law h fine or imprisonment (except in cas
e lh
District Courts shall by virtue of their offices. ' e.s ofennienmtA tb aee.nNiil -h..ii i
" 17 --" -----'"- 114 I
;ie conservators or me peace throughout the ; right o: trial by jury.
State. The style ot all writs and process ' KTCLB
FIFTH.
EXECUTIVE DEPARTMENT.
Section I. The supreme eveeutie uower
Olafe oi lexas.
S c. 2. The Governor audi be elected by
the qualified elector of ihe Sta-v i? . rime
it . i . i ...
ami in ices oi ejections tor memoers or ik
shall be "The State of Texas." All nrosecu
funis shall he curried on in the name and by I
.1 1. . ! .1 uc. . t ri "i !
a iiirit-iT- l r i iiu fc r w - r a.....--' .-.... .
lilU OllllllMI t Wl 11 C KJi.ill.WZ til 1 riHV rl II 1 1 I I . I. : . ....... f 14. . t "1 . J- I
conclude -against the peace and dignity ot lr;its who lai besyjpd .e Gov. mor of .
mi kJiiiiu. Li. ... . ':'
Sec. 10. The District Court shall have
oiiginal jurisdiction of all criminal cases of'
ill subs in behalf of the Stale to recover pen-
allies forfeitures and escheats and of all i ...i...
ca.-es of ilinicc and ot -all suits complaint's j .-.. ? nu. ....'
. . . ' j ui't..'j. x ill? Jt iiiriia o.
?i(ii rili.i c Ik . tt.t ir ii.. it It.. ..t- ..r...l . ......
lJl'fl7 lIH...l II IL MrUL I t.5'111 II III llll V f' - .1 .1 i
' f? J ' HIIVV I f. lilt I II ( IllTW I-f ITfrvl.l .! I . 1IB
distiuetion hetir.-e:i law and equity when the ' ahiti l)(. 1mu ou at.ah.(i u lran;iIlilleJ
uiatier in controversy snail ue valued at or ... .. ....... n:v . ... ..
ti- !... jiui vwii uiiii it iirtu viii r . f at in v
ho
y
thereoi snail have power to issue all writs
necessary to eutorce their own junsriiciion ; lil(Min!l lhi-prepuce of hot!!..
.inn iu loeio m !(jiii:iii sojiei inieiioence auu
conirol over inferior jurisdictions.
tery cVciirta for
i.
.-.. .' to ioe seat oi vioveruojen. Jiiio on '.- eo jo th
amount to one huud.ed dol ars e.c usive oil .;. ...i .. .fiw ri ....... i . . u
. . . ' . . i spealiei ot Ilia llonse oi iu-pre&enl.otif:. who
inleresi: and the aid (-ourts or the udj;es ' ...ii i.r;.r !' :t ..' . ..
.... ' . n ' """) iiuriug int. oral '.A-etrh u. ti" --on oi
the Legislature thereafter i.p-n -iw.i publish
And in the. trial of all crimi :al cases the
jury trvinir tin; same shall find and assess the
amount of punishment to lie inflicted or fine i
imposed ; "except in capital cases and where
the punishment or fine imposed shall be spe-
cilicaliy imposed by law.
Sec. 1 I. There shall be a clerk of the
District Court 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 s .bjeet to removal by iuforiiii.-
tiou or by presentment of a grand jury and
conviction of a petit jury. In case of vacancy
the Judge of the District shall have ihe'powor
to appoint a Clerk until a regular election can
be held.
Sec. 12. The Governor shall nominate
and by and with the advice and consent of
Iwo-thirds of the Senate appoint an Attorney
General who shall hold his office for two
years and ihere shall be elected by joint voet
of both houses of the Legislature u 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.
Sec. 13. There shail be appointed for each
county a convenient number of juslic of the
Peace one Sheriff one Coroner and a sufii
cient number of Constables who shall hold
their offices for two vears to be elected by
the qualified voters of the District or County
as the Legislature may direct. Justices of
the Peace Sheriff and Coroner shall be com-
missioned by the Governor. The Sheriff shall
not be eligible more than four years ii. every
six.
Sec. 14. iVo Judge shall sit in any case
wherein he may 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 iu the cause. When the
Supreme Court or any two of its members
shall be thus disqualified to hear and deter-
mine any cause or causes in said court or
when no judgment can be rendered in any
ease or cases in said Court by reason of the
equal division of opinion of aid Judges the
same shall be certified t the Governor of the
Slate who shall immediately commission' the
requisite number of persons learned in the
law lor the trial and determination of said
fcase or cases. When the Judges id the dis-
trict 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 conns
for each other when they may deem it expe-
dient and shall do so when directed by law.
The disqualifications of judges of inferior tri-
bunals shall be remedied as may hereafter be
by law prescribed.
Sec. 15. Inferior tribunals shall be estab-
lished iu each county for appointing guardi-
ans granting letters testamentary and of ad-
ministration ; for settling the accounts of ex-
ecutors administrators and guardians and for
the transaction of business appertaining to
estates ; nnd the district Court shall have ori-
ginal and appellate jurisdiction and general
control over the said inferior tribunals and
original jurisdiction and control overexecutors
administrators guardians and minors under
such regulation as may be prescribed by law.
Sec. 16. In the trial of all causes in equi-
ty in the district court the plaintiff or defen
dant shall upon application made in open
!!).(' legis
lative; the person having she hjti. ; ::omber
of votes am! being cou.-tuiitiit.i eligible
.-hull be declared by the Sp-.rkr.' under th
direction of the Legislative to be Governor;
bui if to or more persons sli.iii have the high-
er and an eqjat number votes one of them
s-h.dl be immediately choen Governor by
joint vole of both Houses of ihe Lejih:iure.
Contested elections for Governor sball be de-
termined by both Houses of !! J.t :.-Saiure.
Sec. -J. The Governor smi! in. hi hi? office
for the- term of two years from ihe r-idar rime
vcrnor on the address of iwo-thirds of each court 'Iwf'ojlio right of trial by jury to be
of installation and until hi? i-uec-sur hall h
duly qualified but sh.dl not be eligible for
more than four years iu mr unn hC;x years:
he shad be at hrast thirty y-.ira of ae shall
be a citizen of the United Slate? or a eiiizen
of the Slate of Texas at the time of the adop-
tion of this Constitution ami shail have resid-
ed in the same three years immediately prece-
ding his election.
Sec. 5. lie shall at fluted times receite
a compensation for ln3 services which 'shrill
not be increased or diminished daring lh
term for which he shall have been elected.
The first Governor shnll receive an nnmul
salary of two thousand dollars and no more.
See. G. The Governor shall be Commander-in-Chief
of the army and navy of litis
Siate and of the militia except when the
shall be called into the service of ihe United
S hites.
Sec. 7. lie may require information is
writing from ihe officers of the Executive De-
partment on any subject relating to the duties
of their respective offices.
Sec. S. lie may ly proclamation on ex-
traordinary occasions convene the Legislator
at the seat of Government or at a different
place if that should be iu the actual possession
of a public enemy; in case of disagreement
between the two Houses with respect to tha
adjournment he may adjourn them to such
time as he shall think proper not beyond tho
d.iy of the next regular meeting of the Legis-
lature. Sec. 9. He shall from time to time give
the Legislature information in wilting of the
state of the Government and recommend t
their Consideration such measures as he may
deem expedient.
Sec. 10. He shall take cure that the laws
be faithfully executed.
Sec. 11. In all criminal casYs czeept in
those of treason and impeachment he shall
have power after conviction to grant reprieves
and pardons; and under such rides as the le-
gislature may prescribe he shall have power
to remit fines and forfi kures. In case of
treason he shail have power by and with the
advice and consent of the Senate to grant re-
prieves nnd pardons ; and he rn:iy in the re-
cess of the Senate respite the sentence until
the end of the next session of the legislature.
Sec. 12. There shall also be a Lieutenant
Governor who shall be chosen at every elec-
tion for Governor by the same persons and in
the same manner; continue in office for the
same time and possess the same qualifica-
tions. In voting for Governor and Lieut. Go-
vernor the electors shall distinguish for whem
they vote as Governor and for whom as Lieut.
Governor. The Lieut. Governor shall by
virtue of his office be President of the Senate
and hare 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. Incase of the death resigna-
tion removal from office inability or refusa-
f the Governor to serve or of his impeach-
ment or absence from th State the Litu
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Texas National Register. (Washington, Tex.), Vol. 1, No. 43, Ed. 1, Thursday, October 2, 1845, newspaper, October 2, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80137/m1/2/: 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.