Texas National Register. (Washington, Tex.), Vol. 1, No. 44, Ed. 1, Thursday, October 9, 1845 Page: 3 of 8
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u October 9
TEXAS NATIONAL REGISTER.
347
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1
Governor shall exercise the owers and au-
thority appertaining to the office of Governor
until Hnotherbe chosen ntthe periodical elec-
tion for Governor and be duly qualified or
until the Governor impeached absent or dis-
abled shall he acquitted return or bis disa-
bility be removed.
Sec. 13. Whenever the Government shall
be administered by the Lieut. Governor or he J
shall be unable to attend as President of the
the Governor fail to make nominations to fill Sec. 8 No money shall be drawn from
any vacancy during the session of the Senate the Treasury but in pursuance of specific
such vacancy shall not be filled by the Go
vernor until the next meeting of the Senate.
Sec. 21. The Governor shall reside during
the session of the Legislature at the place
where their sessions may be held and at all
other times wherever in their opinion the
public good nmy require.
Sec. 22. No person holding the office of
fcenatc the Senate shall elect one ot their own Governor shall hold nnv other office or com
members as President for the time being. ' mission civil or military.
And if during the vacancy of the office of gcc A gtate Treasurer nm c
Governor the L.eut. Governor shall die re- lroMer ()f bic HCConntH sn be hielMli;iv
sgn refuse to serve or be ; removed .from office dctC( by the joint ballot of both Houses of
or be unable toservc : or the shall be impeach- t(J .' und m case of vnennc in
ed or absent from the Stale the President of either oVsjid offices d. thj nwfa
the Senate for the tune being shall in li ke isIiU 8Uc vacancy shall be filled by
manner administer the government until he . )0 Govcmo wljch appohltinent all con-
shall be superseded by a Governor or Ltcut. lillue Imi l0 cosQ of jje nMl guMmi of imj
Governor; the Lieut. Governor shall wlnlst j T . filro . oif.
.... i. . i rt d' .-....... .... ..... I .
lie acts as president 01 tne senate receive ior
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
Sixtion
ARTICLE SIXTH.
MILITIA.
1. The Legislature shall provide
by law for organizing nnd'diseiplininghe mi-
lit!! t tliio Shltn in tiiinli mnmiur oo tlwttr elwll
Governor shall receive the same compensa- ccm cxpedicnt t incompatible with the
tion which the Governor would have received
had he been employed in the duties of his rQhxn ll)ere0
oiiice and no more xne i reMuciii ior inu
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 ho
been employed in the duties of his office. If!
the Lieut. Governor shall be required to ad-
minister the government and shall whilst in
such administration die resign or be absent
from the State during the recess of the leiris-
lature it shall be the duty of the Secretary of
Stale tn convene the senate for the purpose of
chnnsirg a President for the time being.
Sec. 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 l.y an olive
and live oak branches and the words "The
State of Texas."
Sec. 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.
Sec. IG. There shall be a Secretary of
State who shall be appointed by the Govern-
or 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 re-
quired of him by law.
Sec. 17. Every bill which shall have passed
both houses of the Legislature shall be pre-
sented 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 re-
consider it ; if after such reconsideration
two-thirds of the members present shall agree
to pass the bill it shall be sent with the ob-
jections to the other House by which it shall
likewise be reconsidered; 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 Go-
vernor 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 adjourn-
ment of the Legislature and not returned to
i Constitution and laws of the United States in
Sec. 2. Any person who conscientiously
scruples to bear arms shall not be compelled
to do so but shall pay an equivalent for per-
sonal service.
Sec. 3. No licensed minister of the Gos-
pel shall be required to perforin military duty
work on roads or serve on juries in this State.
Sec. 4. The Governor shall have power
to call forth the militia to execute the laws of
the State to suppress insurrections and to re-
pel invasions.
ARTICLE SEVENTH.
GENERAL PROVISIONS.
SnnTinM 1. Ilmlipr of tlio Lpfricl-ituro
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 du-
ties 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 Con-
gress of the United States I being a citizen
of this State have not fought a duel with dead-
ly weapons within this State or 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 offend-
ing so help me God."
Sec. 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 wit-
nesses to the same overt act or his own con-
fession in open court.
Sec. 3. Every person shall be disqualified
from holding any office of trust or profit in this
State who shall have been convicted of having
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 in-
ternal 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 tnpney shall he 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.
Sec. 9. All civil officers shall reside with-
in the state? and all district or county officers
within their districts or cuuutits; and shall
keep their offices at such places therein as
may be required by law.
Sec. 10. The duration of all offices not
fixed by this Constitution shall never exceed
our years.
Sec. 11. Absence on the business of this
state or of 'he United States shall not forfeit
a residence once obtained so as to deprive
at the same time more than one civil office f.
emolument except that of Justice of tbt
Peace.
Sec 27. Taxation shall be equal and uni-
form throughout the state. All property in
this state shall be taxed in propoition to its
value to be ascertained as directed by lair ;
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 occu-
pation shall not be construed to apply to pur-
suits either agricultural or mechanical.
Sec. 28. The Legislature shall have pow
er to provide by law for exempting from taxa-
tion two hundred and fifty dollars worth of the
household furniture or other property belong-
ing to each family in this State.
Sec. 29. The Assessor and Collector of
Taxes shall be appointed in such manner
and under such regulations as the Legislature
may direct.
Sec. 30. No corporate body shall hereaf-
ter be created renewed or extended with
banking or discounting privileges.
Sec. 31. No private corporation shall be
created unless the bill creating it shall be
any one of the right of suffrage or of being msse. y two-thirds of both houses of the Le
elected or appointed to any otnee under tne
exceptions contained in this Constitution.
Sec. 12. The Legislature shall have pow-
er to provide for deductions from the salaries
of public officers who may neglect the per-
formance of any duty that may be assigned
them by law.
gisiature ; and two-thirds of the Legislature
shall have power to revoke and repeal all pri-
vate corporations by making compensation
for the franchise. And the State shall not be
part owner of the stock or property belong-
ing to an j corporation.
Sec. 32. The Legislature shall prohibit
ec. I J. No memher of Congress nor by law individuals from issuing bills checks
person holding or exercising any office of pro- promisory notes or other paper to circulate as
fit or trust under the United States or either I money.
ot tnem or under any inreign power snail be i
given or offered a bribe to procure his election
or appointment.
Sec. 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 prohibiting under adeqatc penalties all
undue influence thereon from power bribery
tumult or other improper practice.
Sec. 5. Auy 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 fiht a duel with deadly
weapons either within the State or out of it
or who shall act as second or knowingly aid
iyible as a member of the Legislature or
hold or exercise any office of profit or trust
under this State.
Sec. 14. The Legislature shall provide
for a change of venue in civil and criminal
cases ; and for the erection of a Penitentiary
at as early a day as practicable.
Sec. 15. It shall be the duty of the Le-
gislature to pass such laws as may be neces-
sary and proper to decide differences by arbi-
tration when the parties shall elect that me
thod of trial.
Sec. 16. Within five years after the adop
tion of this Constitution the laws civil and
criminal shall be revised digested 'arranged
and published in such manner us the Legisla-
ture shall direct ; and a like revision digest
and publication shall be made every ten years
thereafter
Sec. 17. No Lottery shall be authorized
by this State ; and the buying or selling of
Lottery Tickets within this State is prohibited.
Sec. IS. No divorce shall be granted by
the Legislature.
Sec. 19. All property both real and per-
sonal of the wife owned or claimed by her
before marriage and that acquired afterwards
by gift devise or descent shall be her sepa
rate property ; and laws shall be passed more
clearly defining the rights of the wife in rela
tion as well to her separate property as that
held in common with her husband. Laws
shall also be passed providing for the registra-
tion of the wife's separate property.
Sec. 20. The rights of property and of
action which have been acquired under the
Constitution and laws of the Republic of Tex-
as 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
revived or reinstated by this Constitu
tion ; hut the same shall remain precisely in
the situation which they were before the adop-
tion of this Constitution.
the House m which it originated before its .. ' '
j- . .i ii k. i ii j and assist in any manner those thus offendin"-
adjournment shall become a law .and have; .. - J. ... ... " ' "'
. r i iv -p it i shall be deprived ot holding any office ot trust
the same force and eltect as if signed by the 1 j o 3 J
o J nr nrnnf mirinr tine Ntfit
Governor.
Sec. IS. Every order resolution or vote
to which the concurrence of both Houses of
the Legislature may bo necessary except on
questions of adjournment shall be presented
to the Governor and before it shall take ef-
fect be approved by him ; or being disap-
proved shall be repassed by both Houses ac-
cording to the rules and limitations prescribed
in the case of a bill.
Sec. 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 pre-
scribed by law shall discharge such other
duties as the Legislature may from time to
time prescribe.
Sec. 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 in
dividual shall not again be nominated during
the session to fill the same office. And should isting.
or profit under this State.
Sec. C. 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 offi-
cers. Sec. 7. The Legislature shall provide by
law for the compensation of all officers ser-
vants agents and public contractors not pro-
vided 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 pre-
tended where the same shall not have been
provided for by pre-existing law. Provided
that nothing in this section shall be so con-
strued as to affect the claims of persons
against the Republic of Texas heretofore ex-
Sec. 21. All claims locations surveys
grants and titles to land which are dec ured
null nt:d void by the Constitution of the Re-
public of Texas are and the same shail re-
main forever null and void.
Sec. 22. The Legislature shall have pow-
er 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 included 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 foiced sale for any debts here-
after contracted; nor shall the owner it 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.
Sec. 23. The Legislature shall provide in
what cases officers shall continue to perform
the duties of their offices until their succes-
sors shall be duly qualified.
Sec. 24. Every lawfenacted by the Le-
gislature shall embrace but one object and
that shall be expressed in the title.
Sec. 25. No Inw shall be revised or a-J
mended by reference to its title ; but in such
case the act revised or section amended
shall be re-enacted and published at length.
Sec. 33. The arrreate amount of debts
hereafter contracted by the Legislature shall
never exceed the sum of one hundred thous-
and dollars except in case of war to repel in-
vasions or suppress insurrections. And in
no case shall any amount be borrowed ex-
cept by a vote of two-thirds of both Houses of
the Legislature.
Sec. 34. The Legislature shall at the first
session thereof and may at any subsequent
session establish new counties for the conve-
nience of the inhabitants of uch 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 (excp: the county
of Bowie) unless by consent of two-thirds of
the Legislature; nor shall any county belaid
off of less contents. Every new county as to
the right of soft rage and representation shall
be considered as part of the county or coun-
ties from which it was taken until entitled by
numbers to the right of separate representa-
tion. Sec. 35. No soldier shall in time of peace
be quartered in the house or within the en-
closure of any individual without the consent
of the owner; nor in time of war but in a
manner prescribed by law.
Sec 3G. The salaries of the Governor and
Judges of the Supreme and District Courts
are hereby fixed at the minimum establised
in the Constitution and shall not be increased
for ten years.
Sec. 37. Mode of amending the Constitu-
tion. 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 conside-
ration 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 Secreta-
ry 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-thirdsofeach House of the next Le-
gislature 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.
AUTICLK EIGHTH.
SLAVES.
Sec. I. 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 mo-
ney for the slaves so emancipated. They
shall have no power to prevent emigrants to
this State from bringing with them such per-
sons as are deemed slaves by the laws of any
of the Uniteed States so long as any person
of the same age or description shall be con-
tinued in slavery by the laws of this State:
provided that such slave be the bonajidt pro
perty of such emigrants : provtaea also that
Sec. 26. No person shall hold or exercise laws shall be oasscd to inhibit the introdua
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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/m1/3/: 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.