Texas National Register. (Washington, Tex.), Vol. 1, No. 44, Ed. 1, Thursday, October 9, 1845 Page: 2 of 8
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TEXAS NATIONAL REGISTER.
ted be eligible to any civil office of profit under
. thii State which shall have been created or
the emoluments of which may have been in-
created during such term; and 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
ither branch of the Legislature ; nor shall
the members thereof be capable of voting for
si member of their own body for any office
whatever except it be in such cases as nre
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.
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 tirae
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 aunual salary
or the office of Justice of the Peace shall not
be deemed lucrative.
Sec 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 shrill have obtained a
discharge for the amount of such collections
and fur 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 great duties of their functions; therefore
no Minister of tiie Gospel or Priest of any
denomination whatever shall be eligible to
the Legislature.
Sec. 28. Elections for Senators and Re-
presentatives shall be general throughout the
State and shall be regulated by law.
Sec. 29. The Legislature shall at their
first meeting and in the year one thousand
ight hundred and forty-eight aud fifty and
every eight years thereafter cause an enume
ration to be made of all the free inhabitants
Indians not taxed Africans and descendants
of Africans excepted) of the State designat-
ing particularly the number of qu lifted elect-
ors ; and the whole number of Representa-
tives shall at the several periods of making
such enumeration be'fixed by the 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.
Sec. 30. 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 ; tha counties of Red River.
Harrison Nacogdoches Harris and Wash
ington shall elect three Representatives each;
the counties of Fannin Lamar Bowie Shel-
by San Augustiue Rusk Houston Sabine
Liberty Robertson Galveston Brazoria Fay-
ette Colorado Austin Gonzales aud Bexar
two Representatives each ; the counties of
Jefferson Jasper Brazos Milam Bastrop
Travis Matagorda Jackson Fort Bend Vic-
toria Refugio Goliad and Sail Patrico one
Representative each.
Sec. 31. The whole number of Senators
shall 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-
cording to the number of qualified electors
and shall never he less than nineteen nor
more than thirty-three.
Sec. 32. Until the first enumeration as
provided for by this Constitution the Sena-
torial districts shall be as follows to wit :
The counties of Fannin and Lamar shall con-
stitute the first district and elect one Senator;
the counties of Red River and Bowie the
second district and elect one Senator ; the
. counties of Fannin Lainar Red River and
Bowie conjointly s'lall elect one Senator ;
the county of Harrison the third district shall
vlect one Senator; the counties of Nacogdo-
ches Rusk aud Houston the fourth district
&ha!i elect two Seuators ; the counties of San
Augustine and Shelby the fifth district shall
elect one Senator; the counties of Sabine
and Jasper the sixth dsstrict shall elect one
Senator; the counties of Liberty and Jeffer-
son the seventh district shall elect one Sena-
tor; 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 Har-
ris the tenth district shall elect one Senator
. the county of Galveston the eleventh district'
shall elect one Senator; the counties of Bra-
zoria and Matagorda the twelfth district
aI...II Alllrtt HA f(SAMMff. . fttft. 4.t..! f M
iww vu ucimiwi uie vuuuues OI A US-
he Le"isla-
Jonslilution
shall elect oue Senator the counties of Co-
lorado and Fayette the fourteenth district
shull elect one Senator j the counties of Bas
trap 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 oue Senator ; the11 county of
Bexar the eighteenth district shall elect one
Senator; and the counties of (kliud Refu
gio and San Patrico the ninetcflth district
shall elect one Senator.
Sec. 33. Tiie first session
ture after the adoption of this
by the Co.ngress of the United States shall
be held at the city of Austin the present seat
of Government aud tlieiuii'ier until the year
one thousand eight hundred nn4 fifty; after
which period the seat of Government shall be
permanently located by the people.
Sec. 34. The members of tke Legisla-
ture shall at their first session receive from
the Treasury of the State as tlieir compen-
sation three dollars for each dar they snail
be in attendance on and three dqllars for
every twenty-five miles travellings and from
the place of convening the Legislature.
Sec. 35. In order to settle permanently
the seat of Government an election shall be
holden throughout the State at the usual pla-
ces of holding elections on the first Monday
in March oue 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 cither place vo-
ted for shall have a majority of the whole
number of votes cast then the same shall be
the permanent seat of Government until the
year one thousand eight hundred aud seventy
unless the State shall sooner be divided. But
incase neither place voted for shall have the
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 thousoud eight hundred and fifty be-
tween the two places having the highest num-
ber 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 Gover-
nor and the place having the highest number
of votes shall be the seat of Government for
the time herein before provided.
ARTICLE FOURTH.
JUDICIAL DEPARTMENT.
Seel. The judicial power of this State
shall be vested in oue Supreme Court in Dis-
trict Courts and in such inferior courts as the
Legislature may from time to time ordain aud
establish and such jurisdiction maybe vest-
ed in corporation courts as may be deemed
uecssary and be directed by hw.
October 9
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 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 n
hearing in his own defence before any vote
for such address shall pass: aud in ail such
cases the vote shall be taken by yeas aud nafs
aud entered on the journals of each Ilou9
risnir.!ivlv-
Sec. 9. All Judges of the Supreme and
District Courts shall by virtue of their offices'
be conservators of the peace throughout the
State. The style of all writs aud process
shall he "The State of Texas."' All prosecu-
tions shall be carried on in the name and by
the authority of the "Stale of Texas" and
conclude "against the pence and dignity of
the State."
See. 10. The District Court shall have
originffjiirisdiction of all criminal cases of
alll splits lb behalf of the State to recover pen-
alties11 forfeitures and escheats and of all
cases of divoice and of all suits complaints
aud 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 give them a general superintendence aud
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 spe
cifically imposed by law.
Sec. 11. There shall be a clerk of the
District Court for each county who shall he
elected by the qualified voters for members of
the Legislature and who shall hold his office
for four years subject to removal by informa-
tion or by presentment of a grand jury and
conviction of a petit jury. In case of vacancy
the Judge of the District shall have the'power
to appoint a Clerk until a regular election can
be held.
Sec. 12. The Governor shall nominate
and by aud with the advice and consent of
two-thirds of the Senate appoint an Attorney
General who shall hold his ofhee for two
years and there shall be elected by joint voet
of both houses of the Legislature a District
Attorney for each District who shull hold his
office for two years ; aud the duties salaries
aud perquisites of the Attorney General aud
District Attorneys shall be prescribed by law.
governed by the rules and reeulutMM .in
scribed in trials at law.
Sec. 17. Justices sf the peace shall havv
such civil mid criminal jurisdiction as shaft'
be provided for by law.
Sec. 18. In all causes arising out of a con
tract before any inferior judicial tribunal
when the amount in controversy shall exceed
ten dollar the plaintiff or defendant shall
upon application to the presiding officer have
the right of trial by jury.
Sec. 9. In all cases where Justices of tht
Peace or other judicial officers of inferior tri-
bunals shall have jurisdiction in the trial of
causes where the penalty for the violation of
a law is fine or imprisonment (except in cas
cs of contempt) .the accused shall have the
right of trial bvjjA
Sec. 2. The Supreme Court shall consist
of a Chief Justice and two Associates any
two of whom shall form a quorum.
Sec. 0. The Supreme Court shall have
appellalcjurisdiction only which shall he co-
extensive with the limits of the State but in
criminal cases and in appeals from interlo-
cutory judgments 4with such exceptions aud
under such regulations as the Legislature
shall make; aud the Supreme Court and
Judges thereof shall have power to issue the
writ of Habeas Corpus aud under such regu-
lations as may he prescribed by law may is-
sue writs of Mandamus and such other writs
as shall be necessary to enforce its own juris-
diction ; aud also compel a Judge of the Dis-
trict Court to proceed to trial and judgment
in u cause ; aud the Supreme Court shall
hold its sessions once etry year between the
mouths of October and June inclusive at not
more than three places in the State.
Sec. 4. The Supreme Court shall ap-
point its own clerks who shall hold their offi-
ces for four years and be subject to removal
by the said Court for neglect of duty misde
meanor in onice and Mien oilier causes as
may be prescribed by law.
Sec. 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.
Sec G. The State shall be divided into
convenient Judicial Districts. For each Dis-
trict there shall be appointed a Judye. who
shall reside in the same' aud hold the Courts
at one place in each county and at least twice
in each year in such manner as may be pre-
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
Hie District Court a salary not less than seven-
teen hundred and fifty dollars annually; and
the salaries of the Judges shall not he increa-
sed or diminished during their continuance
in office.
Sec. 6. The Judges of the Supreme and
District Courts shull be removed by the Go-1
Sec 13. There shall be appointed for each
county a convenient number of justices of the
Peace one Sheriff oue Coroner and a suffi-
cient 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 Sheriff and Coroner shall be com-
missioned by the Governor. The Sheriff &hail
not be eligible more than four years in everv
six.
Sec. 14. No 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 in the cause. When the
Supreme Court or any two ot 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
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 dis-
trict court are thus disqualified the parlies
may by consent appoint a proper person to
try the said case ; aud the Judges of the said
courts may exchange districts or hold courts
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 in each county for appointing guardi-
ans granting letters testamentary and of ad-
ministration ; forset'Iing the accounts of ex-
ecutors administrators and guardians und for
the transaction of business appertaining to
estates ; aud tiie 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 inequi-
ty in the district court the plaintiff or defen
dant shall upon application made in open
Ua and Fort Bend the thirteenth district' vernor on the aJdress of two thirds of each court have the right of trial by jury to be
AR1JCLE FIFTH.
EXECUTIVE DEPARTMENT.
Sectiou 1. The supreme executive power
of this sta'te shall be vested in a Chief Magis-
trate who shall be styled the Governor ofthe
State of Texas.
Sec. 2. The Governor shall he elected by
the qualified electors ofthe State at the time
and pluceir'of elections for members ofthe
Legislutute.
Sec. 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 aud publish
them in the presence of both houses of the legis-
lature; the person having the highest number
of votes aud being constitutionally eligible
shall be declared by the Speaker under the
direction ofthe Legislature to be Governor;
but if two or more persons shall have the high-
est and an equal number votes one of them
shall he immediately chosen Governor bv
joint vote of both Houses of the Legislature.
Contested elections for Governor shall be de-
termined by both Houses of the Legislature.
Sec. 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 mx year?
he shall be at least thirty years of age shall
be a citizen ofthe United States or a Htizeu-
of the Slate of Texas at the time ofthe adop-
tion of this Constitution and shall have resid-
ed in the same three years immediately prece-
dini' his election.
Sec. o. lie shall at stated limes receive
a compensation for his services which shall
not be increased or diminished duriii" the
term for which he shall have been elected.
The first Governor shall receive an annual
salary of two thousand dollars and no more
See. 0. The Governor shall be Commander-in-Chief
of the army and navy of this-
Slate and of the militia except when they
shall he called into the service ofthe United
States.
Sec. 7. He may require information in
writing from the officers ofthe Executive De-
partment on any subject relating to the duties
of their respective offices.
Sec. S. lie may ly proclamation on ex-
traordinary occasions couvenethe Legislature
at the seat of Government or at a different
place if that should bcin the actual possession
of a public enemy; in case of disagreement
between the two Houses with respect to ilia
adjournment he may adjourn them to such
time as he shall think proper not beyond the
dav ofthe next regular meeting of the Lens-lature.
Sec. 9. He shall from time to time give
the Legislature information in writing ofthe
stale of the Government and recommend to
their Consideration such measures as he may
deem expedient.
Sec. 10. He shall take care that the laws
be faithfully executed.
Sec. 11. In all criminal cases except in
those of treason and impenchmeut he shall
have power after conviction to grant reprieves
and pardons; and under such rules as the le-
gislature may prescribe he shall have power
to remit fines and forfeitures. In case of
treason he shall have power by aud with the
advice and consent ofthe Senate to grant re-
prieves and pardons ; aud he may in the re-
cess of the Senate respite the sentence until
the end ofthe next session ofthe 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 whom
they vote as Governor and for whom as Lieut.
Governor. The Lieut. Governor shall hy
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 tha
casting vote. In .case ofthe death resigna-
tion removal from office inability or refuse
f the Governor to serve or of his impeach-
ment or absence from the State the Iuml
A
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Texas National Register. (Washington, Tex.), Vol. 1, No. 44, Ed. 1, Thursday, October 9, 1845, newspaper, October 9, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80138/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.