Doug Campbell worked on Texas

I think this is ready to go

6/1/06

JW



*** CSTART TX 8/24/1845 6/25/1845 ***

CONSTITUTION OF THE STATE OF TEXAS-1845
*** ASTART 9001.0 TX 1845 ***     
We, the people of the republic of Texas, acknowledging with gratitude the grace and beneficence
of God, in permitting us to make a choice of our form of government, do, in accordance with the
provisions of the joint resolution for annexing Texas to the United States, approved March first,
one thousand eight hundred and forty-five, ordain and establish this constitution.

*** AEND ***
*** ASTART 001.0 TX 1845 ***
ARTICLE I.

Bill of Rights.

     
That the general, great, and essential principles of liberty and free government may be recognised
and established, we declare that

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SEC. 1. All political power is inherent in the people, and all free governments are founded on
their authority, and instituted for their benefit; and they have at all times the unalienable right to
alter, reform, or abolish their form of government, in such manner as they may think expedient.
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*** SSTART 002.0 001.0 0 TX 1845 ***
SEC. 2. All freemen, when they form a social compact, have equal rights; and no man or set of
men is entitled to exclusive, separate public emoluments or privileges, but in consideration of
public services.

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SEC. 3. No religious test shall ever be required as qualification to any office or public trust in
this State.

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*** SSTART 004.0 001.0 0 TX 1845 ***
SEC. 4. All men have a natural and indefeasible right to worship God according to the dictates of
their own consciences; no man shall be compelled to attend, erect, or support any place of
worship, or to maintain any ministry against his consent; no human authority ought, in any case
whatever, to control or interfere with the rights of conscience in matters of religion; and no
preference shall ever be given by law to any religious societies or mode of worship; but it shall
be the duty of the legislature to pass such laws as may be necessary to protect every religious
denomination in the peaceable enjoyment of their own mode of public worship.

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*** SSTART 005.0 001.0 0 TX 1845 ***
SEC. 5. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject,
being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the
liberty of speech or of the press.

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*** SSTART 006.0 001.0 0 TX 1845 ***
SEC. 6. In prosecutions for the publication of papers investigating the official conduct of
officers, or men in a public capacity, or when the matter published is proper for public
information, the truth thereof may be given in evidence; and in all indictments for libels, the jury
shall have the right to determine the law and the facts, under the direction of the court, as in other
cases.

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*** SSTART 007.0 001.0 0 TX 1845 ***
SEC. 7. The people shall be secure in their persons, houses, papers, and possessions, from all
unreasonable seizures or searches; and no warrant to search any place, or to seize any person or
thing shall issue, without describing them as near as may be; nor without probably cause,
supported by oath or affirmation.

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*** SSTART 008.0 001.0 0 TX 1845 ***
SEC. 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial
jury; he shall not be compelled to give evidence against himself; he shall have the right of being
heard by himself or counsel, or both; shall be confronted with the witnesses against him, and
shall have compulsory process for obtaining witnesses in his favor; and no person shall be holden
to answer for any criminal charge, but on indictment or information, except in cases arising in the
land or naval forces, or offences against the laws regulating the militia.

    
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*** SSTART 009.0 001.0 0 TX 1845 ***
SEC. 9. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the
proof is evident, or the presumption great; but this provision shall not be so construed as to
prohibit bail after indictment found, upon an examination of the evidence by a judge of the
supreme or district court, upon the return of a writ of habeas corpus, returnable in the county
where the offence is committed

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*** SSTART 010.0 001.0 0 TX 1845 ***
SEC. 10. The privileges of the writ of habeas corpus shall not be suspended, except when, in case
of rebellion or invasion, the public safety may require it.

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*** SSTART 011.0 001.0 0 TX 1845 ***
SEC. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual
punishment inflicted. All courts shall be open; and every person, for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law.

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*** SSTART 012.0 001.0 0 TX 1845 ***
SEC. 12. No person, for the same offence, shall be twice put in jeopardy of life or limb; nor shall
a person be again put upon trial for the same offence, after a verdict of not guilty; and the right of
trial by jury shall remain inviolate.

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*** SSTART 013.0 001.0 0 TX 1845 ***
SEC. 13. Every citizen shall have the right to keep and bear arms in the lawful defence of himself
of the State.

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*** SSTART 014.0 001.0 0 TX 1845 ***
SEC. 14. No bill of attainder, Ex post facto law, retroactive law, or any law impairing the
obligation of contracts, shall be made; and no person's property shall be taken, or applied to
public use, without adequate compensation being made, unless by the consent of such person.

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*** SSTART 015.0 001.0 0 TX 1845 ***
SEC. 15. No person shall ever be imprisoned for debt.

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*** SSTART 016.0 001.0 0 TX 1845 ***
SEC. 16. No citizen of this State shall be deprived of life, liberty, property, or privileges,
outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.

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*** SSTART 017.0 001.0 0 TX 1845 ***
SEC. 17. The military shall, at all times, be subordinate to the civil authority.

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*** SSTART 018.0 001.0 0 TX 1845 ***
SEC. 18. Perpetuities and monopolies are contrary to the genius of a free government, and shall
never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.

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*** SSTART 019.0 001.0 0 TX 1845 ***
SEC. 19. The citizens shall have the right, in a peaceable manner, to assemble together for their
common good; and to apply to those invested with the power of government for redress of
grievances, or other purposes, by petition, address, or remonstrance.

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*** SSTART 020.0 001.0 0 TX 1845 ***
SEC. 20. No power of suspending laws in this State shall be exercised, except by the legislature
or its authority.

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*** SSTART 021.0 001.0 0 TX 1845 ***
SEC. 21. To guard against transgressions of the high powers herein delegated, we declare that
every thing in this "bill of rights" is excepted out of the general powers of government, and shall
forever remain inviolate; and all laws contrary thereto, or to the following provisions, shall be
void. 
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*** AEND ***
*** ASTART 002.0 TX 1845 ***
ARTICLE II.

Division of the Powers of Government.

    
*** SSTART 001.0 002.0 0 TX 1845 ***
SEC. 1. The powers of the government of the State of Texas shall be divided into three distinct
departments, and each of them be confided to a separate body of magistracy, to wit: those which
are legislative, to one; those which are executive, to another; and those which are judicial, to
another; and no person, or collection of persons, being of one of those departments, shall exercise
any power properly attached to either of the others, except in the instances herein expressly
permitted. 
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*** AEND ***
*** ASTART 003.0 TX 1845 ***
ARTICLE III.

Legislative Department.

    
*** SSTART 001.0 003.0 0 TX 1845 ***
SEC. 1. Every free male person who shall have attained the age of twenty-one years, and who
shall be a citizen of the United States, or who is, at the time of the adoption of this constitution
by the Congress of the United States, a citizen of the republic of Texas, and shall have resided in
this State one year next preceding an election, and the last six months with the district, county,
city, or town in which he offers to vote, (Indians not taxed, Africans, and descendants of
Africans, excepted,) shall be deemed a qualified elector; and should such qualified elector
happen to be in any other county situated in the district in which he resides at the time of an
election, he shall be permitted to vote for any district officer: Provided, That the qualified
electors shall be permitted to vote anywhere in the State for State officers: And provided further,
That no soldier, seaman, or marine, in the army or navy of the United States, shall be entitled to
vote at any election created by this constitution.

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*** SSTART 002.0 003.0 0 TX 1845 ***
SEC. 2. All free male persons over the age of twenty one years, (Indians not taxed, Africans, and
descendants of Africans, excepted,) who shall have resided six months in Texas immediately
preceding the acceptance of this constitution by the Congress of the United States, shall be
deemed qualified electors.

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*** SSTART 003.0 003.0 0 TX 1845 ***
SEC. 3. Electors in all cases shall be privileged from arrest during their attendance at elections,
and in going to and returning from same; except in cases of treason, felony, or breach of the
peace.

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*** SSTART 004.0 003.0 0 TX 1845 ***
SEC. 4. The legislative powers of this State shall be vested in two distinct branches; the one to be
styled the Senate, and the other the House of Representatives, and both together the legislature of
the State of Texas. The style of all laws shall be, "Be it enacted by the legislature of the State of
Texas."

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*** SSTART 005.0 003.0 0 TX 1845 ***
SEC. 5. The members of the House of Representatives shall be chosen by the qualified electors,
and their term of office shall be two years from the day of the general election; and the sessions
of the legislature shall be biennial, at such times as shall be prescribed by law.

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*** SSTART 006.0 003.0 0 TX 1845 ***
SEC. 6. No person shall be a representative unless he be a citizen of the United States, or at the
time of the adoption of this constitution a citizen of the republic of Texas, and shall have been an
inhabitant of this State two years next preceding his election, and the last year thereof a citizen of
the county, city, or town for which he shall be chosen, and shall have attained the age of twenty
one years at the time of his election.

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*** SSTART 007.0 003.0 0 TX 1845 ***
SEC. 7. All elections by the people shall be held at such time and places in the several counties,
cities, or towns as are not, or may hereafter be, designated by law.

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*** SSTART 080.0 003.0 0 TX 1845 ***
SEC. 8. The senators shall be chosen by the qualified electors for the term of four years; and shall
be divided by lot into two classes, as nearly equal as can be. The seats of senators of the first
class shall be vacated at the expiration of the first two years; and of the second class, at the
expiration of four years; so that one half thereof shall be chosen biennially thereafter.

    
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*** SSTART 009.0 003.0 0 TX 1845 ***
SEC. 9. Such mode of classifying new additional senators shall be observed as will as nearly as
possible preserve an equality of number in each class.

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*** SSTART 010.0 003.0 0 TX 1845 ***
SEC. 10. When a senatorial district shall be composed of two or more counties, it shall not be
separated by any county belonging to another district.

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*** SSTART 011.0 003.0 0 TX 1845 ***
SEC. 11. No person shall be a senator unless he be a citizen of the United States, or at the time of
the acceptance of this constitution by the Congress of the United States a citizen of the republic
of Texas, and shall have been an inhabitant of this State three years next preceding the election;
and the last year thereof a resident of the district for which he shall be chosen, and have attained
the age of thirty years.

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*** SSTART 012.0 003.0 0 TX 1845 ***
SEC. 12. The House of Representatives, when assembled, shall elect a speaker and its other
officers; and the Senate shall choose a president for the time being, and its other officers. Each
house shall judge the qualifications and elections of its own members; but contested elections
shall be determined in such manner as shall be directed by law. Two-thirds of each house shall
constitute a quorum to do business, but a smaller number may adjourn from day to day, and
compel the attendance of absent members, in such manner and under such penalties as each
house may provide.

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*** SSTART 013.0 003.0 0 TX 1845 ***
SEC. 13. Each house may determine the rules of its own proceedings; punish members for
disorderly conduct; and, with the consent of two-thirds, expel a member, but not a second time
for the same offence.

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*** SSTART 014.0 003.0 0 TX 1845 ***
SEC. 14. Each house shall keep a journal of its own proceedings, and publish the same; and the
yeas and nays of the members of either house on any question shall, at the desire of any three
members present, be entered on the journals.

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*** SSTART 015.0 003.0 0 TX 1845 ***
SEC. 15. When vacancies happen in either house, the governor, or the person exercising the
power of the governor, shall issue writs of election to fill such vacancies.

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*** SSTART 016.0 003.0 0 TX 1845 ***
SEC. 16. Senators and representatives shall in all cases, except in treason, felony, or breach of
the peace, be privileged from arrest during the session of the legislature; and, in going to and
returning from the same, allowing one day for every twenty miles such member may reside from
the place at which the legislature is convened.

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*** SSTART 017.0 003.0 0 TX 1845 ***
SEC. 17. Each house may punish, by imprisonment during the session, any person, not a
member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its
proceedings, provided such imprisonment shall not, at any one time, exceed fourty-eight hours.

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*** SSTART 018.0 003.0 0 TX 1845 ***
SEC. 18. The doors of each house shall be kept open.

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*** SSTART 019.0 003.0 0 TX 1845 ***
SEC. 19. Neither house shall, without the consent of the other, adjourn for more than three days;
nor to any other place than that in which they may be sitting, without the concurrence of both
houses.

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*** SSTART 020.0 003.0 0 TX 1845 ***
SEC. 20. Bills may originate in either house, and be amended, altered, or rejected by the other;
but no bill shall have the force of a law until, on three several days, it be read in each house, and
free discussion be allowed thereon, unless, in case of great emergency, four-fifths of the house in
which the bill shall be pending may deem it expedient to dispense with this rule; and every bill,
having passed both houses, shall be signed by the speaker and president of their respective
houses.

    
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*** SSTART 021.0 003.0 0 TX 1845 ***
SEC. 21. All bills for raising revenue shall originate in the House of Representatives, but the
Senate may amend or reject them as other bills.

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*** SSTART 022.0 003.0 0 TX 1845 ***
SEC. 22. After a bill or resolution has been rejected by either branch of the legislature, no bill or
resolution containing the same substance shall be passed into a law during the same session.

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*** SSTART 023.0 003.0 0 TX 1845 ***
SEC. 23. Each member of the legislature shall receive from the public treasury a compensation
for his services, which may be increased or diminished by law; but no increase of compensation
shall take effect during the session at which such increase shall be made.

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*** SSTART 024.0 003.0 0 TX 1845 ***
SEC. 24. No senator or representative shall, during the term for which he may be elected, be
eligible to any civil office of profit under this State which shall have been created, or the
emoluments of which may have been increased, during such term; and no member of either
house of the legislature shall, during the term for which he is elected, be eligible 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 office whatever, except it be in such cases as are therein provided. The president for the
time being of the Senate and speaker of the House of Representatives shall be elected from their
respective bodies.

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*** SSTART 025.0 003.0 0 TX 1845 ***
SEC. 25. No judge of any court of law or equity, secretary or state, attorney general, 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 of justice of the peace, shall not be deemed lucrative.

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*** SSTART 026.0 003.0 0 TX 1845 ***
SEC. 26. No person who, at any time, may have been a collector of taxes, or who may have been
otherwise intrusted 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 intrusted.

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*** SSTART 027.0 003.0 0 TX 1845 ***
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
the gospel, or priest of any denomination whatever, shall be eligible to the legislature.

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*** SSTART 028.0 003.0 0 TX 1845 ***
SEC. 28. Elections for senators and representatives shall be general throughout the State, and
shall be regulated by law.

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*** SSTART 029.0 003.0 0 TX 1845 ***
SEC. 29. The legislature shall, at their first meeting, and in the years one thousand eight hundred
and forty-eight and fifty, and every eight years thereafter, cause an enumeration to be made of all
the free inhabitants (Indians not taxed, Africans, and descendants of Africans, excepted) of the
State, designating, particularly, the number of qualified electors; and the whole number of
representatives 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.

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*** SSTART 030.0 003.0 0 TX 1845 ***
SEC. 30. Until the first enumeration and apportionment under this constitution, the following
shall be the apportionment of representatives amongst the several counties, viz:

    
The county of Montgomery shall elect four representatives; the counties of Red River, Harrison,
Nacogdoches, Harris, and Washington, shall elect three representatives each; the counties of
Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine, Liberty, Robertson,
Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales, and Bexar, two representatives each:
the counties of Jefferson, Jasper, Brazos, Milam, Bastrop, Travis, Matagorda, Jackson, Fort
Bend, Victoria, Refugio, Goliad, and San Patricio, one representative each.

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*** SSTART 031.0 003.0 0 TX 1845 ***
SEC. 31. The whole number of senators shall, at the next session after the several periods of
making the enumeration, be fixed by the legislature, and apportioned among the several districts
to be established by law, according to the number of qualified electors, and shall never be less
than nineteen nor more than thirty-three.

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*** SSTART 032.0 003.0 0 TX 1845 ***
SEC. 32. Until the first enumeration, as provided for by this constitution, the senatorial districts
shall be as follows, to wit: The counties of Fannin and Lamar shall constitute 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, Lamar, Red River, and Bowie, conjointly, shall elect one senator;
the county of Harrison, the third district, shall elect one senator; the counties of Nacogdoches,
Rusk, and Houston, the fourth district, shall elect two senators; the counties of San Augustine
and Shelby, the fifth district, shall elect one senator; the counties of Sabine and Jasper, the sixth
district, shall elect one senator; the counties of Liberty and Jefferson, the seventh district, shall
elect one senator; 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
Harris, the tenth district, shall elect one senator; the county of Galveston, the eleventh district,
shall elect one senator; the counties of Brazoria and Matagorda, the twelfth district, shall elect
one senator; the counties of Austin and Fort Bend, the thirteenth district, shall elect one senator;
the counties of Colorado and Fayette, the fourteenth district, shall elect one senator; the counties
of Bastrop and Travis, the fifteenth district, shall elect one senator; the counties of Washington
and Milam, the sixteenth district, shall elect one senator; the counties of Victoria, Gonzales, and
Jackson, the seventeenth district, shall elect one senator; the county of Bexar, the eighteenth
district, shall elect one senator; and the counties of Goliad, Refugio, and San Patricio, the
nineteenth district, shall elect one senator.

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*** SSTART 033.0 003.0 0 TX 1845 ***
SEC. 33. The first session of the legislature, after the adoption of this constitution by the
Congress of the United States, shall be held at the city of Austin, the present seat of government,
and thereafter until the year one thousand eight hundred and fifty; after which period the seat of
government shall be permanently located by the people.

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*** SSTART 034.0 003.0 0 TX 1845 ***
SEC. 34. The members of the legislature shall, at their first session, receive from the treasury of
the State, as their compensation, three dollars for each day they shall be in attendance on, and
three dollars for every twenty-five miles travelling to and from the place of convening, the
legislature.

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*** SSTART 035.0 003.0 0 TX 1845 ***
SEC. 35. In order to settle permanently the seat of government, an election shall be holden
throughout the State, at the usual places of holding elections, on the first Monday in March, one
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 either place
voted 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 and seventy, unless the
State shall sooner be divided. But in case neither place voted for shall have the majority of the
whole number of votes given in, then the governor shall issue his proclamation for an election to
be holden in the same manner, on the first Monday in October, one thousand eight hundred and
fifty, between the two places having the highest number 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 governor; and
the place having the highest number of votes shall be the seat of government for the time herein
before provided.

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*** AEND ***
*** ASTART 004.0 TX 1845 ***
ARTICLE IV.

Judicial Department.

    
*** SSTART 001.0 004.0 0 TX 1845 ***
SEC. 1. The judicial power of this State shall be vested in one supreme court, in district courts,
and in such inferior courts as the legislature may from time to time ordain and establish; and such
jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by
law.

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*** SSTART 002.0 004.0 0 TX 1845 ***
SEC. 2. The supreme court shall consist of a chief justice and two associates, any two of whom
shall form a quorum.

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*** SSTART 003.0 004.0 0 TX 1845 ***
SEC. 3. The supreme court shall have appellate jurisdiction only, which shall be coextensive
with the limits of the State; but in criminal cases, and in appeals from interlocutory 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
regulations as may be prescribed by law, may issue writs of mandamus, and such other writs as
shall be necessary to enforce its own jurisdiction; and also compel a judge of the district court to
proceed to trial and judgment in a cause; and the supreme court shall hold its sessions once every
year, between the months of October and June inclusive, at not more than three places in the
State.

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*** SSTART 004.0 004.0 0 TX 1845 ***
SEC. 4. The supreme court shall appoint its own clerks, who shall hold their offices for four
years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and
such other causes as may be prescribed by law.

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*** SSTART 005.0 004.0 0 TX 1845 ***
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.

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*** SSTART 006.0 004.0 0 TX 1845 ***
SEC. 6. The State shall be divided into convenient judicial districts. For each district there shall
be appointed a judge, who shall reside in the same, and hold the courts at one place in each
county, and at least twice in each year, in such manner as may be prescribed by law.

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*** SSTART 007.0 004.0 0 TX 1845 ***
SEC. 7. The judges of the supreme court shall receive a salary not less than two thousand dollars
annually, and the judges of the district court a salary not less than seventeen hundred and fifty
dollars annually; and the salaries of the judges shall not be increased or diminished during their
continuance in office.

    
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*** SSTART 008.0 004.0 0 TX 1845 ***
SEC. 8. The judges of the supreme and district courts shall be removed by the governor, on the
address of two-thirds of each 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 be 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 in his own defence, before any vote for such address shall pass; and in all such cases the
vote shall be taken by yeas and nays, and entered on the journals of each house respectively.

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*** SSTART 009.0 004.0 0 TX 1845 ***
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 and process shall be "the
State of Texas." All prosecutions shall be carried on "in the name and by the authority of the
State of Texas," and conclude "against the peace and dignity of the State."

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*** SSTART 010.0 004.0 0 TX 1845 ***
SEC. 10. The district court shall have original jurisdiction of all criminal cases, of all suits in
behalf of the State to recover penalties, forfeitures and escheats, and of all cases of divorce, and
of all suits, complaints, and 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 and 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 specifically imposed by law.

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*** SSTART 011.0 004.0 0 TX 1845 ***
SEC. 11. There shall be a clerk of the district courts 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,
subject to removal by information, or by presentment of a grand jury, and conviction by 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.

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*** SSTART 012.0 004.0 0 TX 1845 ***
SEC. 12. The governor shall nominate, and, by and with the advice and consent of two-thirds of
the senate, appoint an attorney general, who shall hold his office for two years; and there shall be
elected by joint vote of both houses of the legislature a 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.

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*** SSTART 013.0 004.0 0 TX 1845 ***
SEC. 13. There 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 district or county as the legislature may
direct. Justices of the peace, sheriffs, and coroners, shall be commissioned by the governor. The
sheriff shall not be eligible more than four years in every six.

*** SEND ***
*** SSTART 014.0 004.0 0 TX 1845 ***
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 of its members, shall be thus disqualified to hear and determine any cause or causes in
said court, or when no judgment can be rendered to 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 judge of the district 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 courts for each other when they may
deem it expedient, and shall do so when directed by law. The disqualifications of judges of
inferior tribunals shall be remedied as may hereafter be by law prescribed.

    
*** SEND ***
*** SSTART 015.0 004.0 0 TX 1845 ***
SEC. 15. Inferior tribunals shall be established in each county for appointing guardians, granting
letters testamentary and of administration; for settling the accounts of executors, administrators,
and guardians, and for the transaction of business appertaining to estates; and the district courts
shall have original and appellate jurisdiction and general control over the said inferior tribunals,
and original jurisdiction and control over executors, administrators, guardians, and minors, under
such regulations as may be prescribed by law.

*** SEND ***
*** SSTART 016.0 004.0 0 TX 1845 ***
SEC. 16. In the trial of all causes in equity in the district court, the plaintiff or defendant shall,
upon application made in open court, have the right of trial by jury, to be governed by the rules
and regulations prescribed in trials at law.

*** SEND ***
*** SSTART 017.0 004.0 0 TX 1845 ***
SEC. 17. Justices of the peace shall have such civil and criminal jurisdiction as shall be provided
for by law.

*** SEND ***
*** SSTART 018.0 004.0 0 TX 1845 ***
SEC. 18. In all causes arising out of a contract, before any inferior judicial tribunal, when the
amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application
to the presiding officer, have the right of trial by jury.

*** SEND ***
*** SSTART 019.0 004.0 0 TX 1845 ***
SEC. 19. In all cases where justices of the peace, or other judicial officers of inferior tribunals,
shall have jurisdiction in the trial of causes where the penalty for the violation of a law is fine or
imprisonment, (except in cases of contempt,) the accused shall have the right of trial by jury. 
*** SEND ***
*** AEND ***
*** ASTART 005.0 TX 1845 ***
 ARTICLE V.

Executive Department.

    
*** SSTART 001.0 005.0 0 TX 1845 ***
SEC. 1. The supreme executive power of this State shall be vested in a chief magistrate, who
shall be styled the governor of the State of Texas.

*** SEND ***
*** SSTART 002.0 005.0 0 TX 1845 ***
SEC. 2. The governor shall be elected by the qualified electors of the State at the time and places
of elections for members of the legislature.

*** SEND ***
*** SSTART 003.0 005.0 0 TX 1845 ***
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 and publish them in the presence of both houses of the legislature; the person
having the highest number of votes, and being constitutionally eligible, shall be declared by the
speaker, under the direction of the legislature, to be governor; but if two or more persons shall
have the highest and an equal number of votes, one of them shall be immediately chosen
governor by joint vote of both houses of the legislature. Contested elections for governor shall be
determined by both houses of the legislature.

    
*** SEND ***
*** SSTART 004.0 005.0 0 TX 1845 ***
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 six years; he shall be at least thirty years of age, shall be citizen of the
United States, or a citizen of the State of Texas, at the time of the adoption of this constitution,
and shall have resided in the same three years immediately preceding his election.

*** SEND ***
*** SSTART 005.0 005.0 0 TX 1845 ***
SEC. 5. He shall, at stated times, receive a compensation for his services, which shall not be
increased or diminished during the term for which he shall have been elected. The first governor
shall receive an annual salary of two thousand dollars, and no more.

*** SEND ***
*** SSTART 006.0 005.0 0 TX 1845 ***
SEC. 6. The governor shall be commander-in-chief of the army and navy of this State, and of the
militia, except when they shall be called into the services of the United States.

*** SEND ***
*** SSTART 007.0 005.0 0 TX 1845 ***
SEC. 7. He may require information, in writing, from the officers of the executive department on
any subject relating to the duties of their respective offices.

*** SEND ***
*** SSTART 008.0 005.0 0 TX 1845 ***
SEC. 8. He may, by proclamation, on extraordinary occasions, convene the legislature at the seat
of government, or at a different place, if that should be in the actual possession of a public
enemy. In case of disagreement between the two houses with respect to adjournment, he may
adjourn them to such time as he shall think proper, not beyond the day of the next regular
meeting of the legislature.

*** SEND ***
*** SSTART 009.0 005.0 0 TX 1845 ***
SEC. 9. He shall, from time to time, give to the legislature information in writing of the state of
the government, and recommend to their consideration such measures as he may deem expedient.

*** SEND ***
*** SSTART 010.0 005.0 0 TX 1845 ***
SEC. 10. He shall take care that the laws he faithfully executed.

*** SEND ***
*** SSTART 011.0 005.0 0 TX 1845 ***
SEC. 11. In all criminal cases, except in those of treason and impeachment, he shall have power,
after conviction, to grant reprieves and pardons; and under such rules as the legislature may
prescribe, he shall have power to remit fines and forfeitures. In cases of treason, he shall have
power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he
may, in the recess of the Senate, respite the sentence until the end of the next session of the
legislature.

*** SEND ***
*** SSTART 012.0 005.0 0 TX 1845 ***
SEC. 12. There shall also be a lieutenant governor, who shall be chosen at every election for
governor, by the same persons and in the same manner, continue in office for the same time, and
possess the same qualifications. In voting for governor and lieutenant governor, the electors shall
distinguish for whom they vote as governor, and for whom as lieutenant governor. The lieutenant
governor shall, by virtue of the 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 giving the casting vote. In case of the death, resignation, removal from office,
inability or refusal of the governor to serve, or of his impeachment or absence from the State, the
lieutenant governor shall exercise the power and authority appertaining to the governor until
another be chosen at the periodical election and be duly qualified, or until the governor
impeached, absent, or disabled, shall be acquitted, return, or his disability be removed.

*** SEND ***
*** SSTART 013.0 005.0 0 TX 1845 ***
SEC. 13. Whenever the government shall be administered by the lieutenant governor, or he shall
be unable to attend as president of the Senate, the Senate shall elect one of their own members as
president for the time being. And if, during the vacancy of the office of governor, the lieutenant
governor shall die, resign, refuse to serve, or be removed from office, or be unable to serve, or he
shall be impeached, or absent from the State, the president of the Senate for the time being shall
in like manner administer the government until he be superseded by a governor or lieutenant
governor; the lieutenant governor shall, whilst he acts as president of the Senate, receive for 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 governor,
shall receive the same compensation which the governor would have received had he been
employed in the duties of his office, and no more. The president for the 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 he been employed in the duties of
his office. If the lieutenant governor shall be required to administer the government, and shall,
whilst in such administration, die, resign, or be absent from the State during the recess of the
legislature, it shall be the duty of the secretary of State to convene the Senate for the purpose of
choosing a president for the time being.

    
*** SEND ***
*** SSTART 014.0 005.0 0 TX 1845 ***
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 by an olive and live-oak branches,
and the words "the State of Texas."

*** SEND ***
*** SSTART 015.0 005.0 0 TX 1845 ***
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.

*** SEND ***
*** SSTART 016.0 005.0 0 TX 1845 ***
SEC. 16. There shall be a secretary of State, who shall be appointed by the governor, 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
required of him by law.

*** SEND ***
*** SSTART 017.0 005.0 0 TX 1845 ***
SEC. 17. Every bill which shall have passed both houses of the legislature shall be presented 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 reconsider it; if, after such reconsideration, two-thirds of the members
present shall agree to pass the bill, it shall be sent, with the objections, 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 governor 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
adjournment of the legislature, and not returned to the house in which it originate before its
adjournment, shall become a law, and have the same force and effect as if signed by the
governor.

    
*** SEND ***
*** SSTART 018.0 005.0 0 TX 1845 ***
SEC. 18. Every order, resolution, or vote, to which the concurrence of both houses of the
legislature may be necessary, except on questions of adjournment, shall be presented to the
governor, and, before it shall take effect, by approved by him; or, being disapproved, shall be
repassed by both houses according to the rules and limitations prescribed in the case of a bill.

*** SEND ***
*** SSTART 019.0 005.0 0 TX 1845 ***
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 prescribed by law, shall discharge such other duties as the
legislature may, from time to time, prescribe.

*** SEND ***
*** SSTART 020.0 005.0 0 TX 1845 ***
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 individual shall not again be nominated during the session to fill the same
office. And should the governor fail to make nominations to fill any vacancy during the session
of the Senate, such vacancy shall not be filled by the governor until the next meeting of the
Senate.

*** SEND ***
*** SSTART 021.0 005.0 0 TX 1845 ***
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 may
require.

*** SEND ***
*** SSTART 022.0 005.0 0 TX 1845 ***
SEC. 22. No person holding the office of governor shall hold any other office or commission,
civil or military.

*** SEND ***
*** SSTART 023.0 005.0 0 TX 1845 ***
SEC. 23. A State treasurer and comptroller of public accounts shall be biennially elected by the
joint ballot of both houses of the legislature; and in case of vacancy in either of said offices
during the recess of the legislature, such vacancy shall be filled by the governor, which
appointment shall continue until the close of the next session of the legislature thereafter.

*** SEND ***
*** AEND ***
*** ASTART 006.0 TX 1845 ***
ARTICLE VI.

Militia.

    
*** SSTART 001.0 006.0 0 TX 1845 ***
SEC. 1. The legislature shall provide by law for organizing and disciplining the militia of this
State, in such manner as they shall deem expedient, not incompatible with the constitution and
laws of the United States in relation thereto.

*** SEND ***
*** SSTART 002.0 006.0 0 TX 1845 ***
SEC. 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so,
but shall pay an equivalent for personal service.

*** SEND ***
*** SSTART 003.0 006.0 0 TX 1845 ***
SEC. 3. No licensed minister of the gospel shall be required to perform military duty, work on
roads, or serve on juries in this State.

*** SEND ***
*** SSTART 004.0 006.0 0 TX 1845 ***
SEC. 4. The governor shall have power to call forth the militia to execute the laws of the State, to
suppress insurrections, and to repel invasions. 
*** SEND ***
*** AEND ***
*** ASTART 007.0 TX 1845 ***
ARTICLE VII.

General Provisions.

*** SSTART 001.0 007.0 0 TX 1845 ***
SEC. 1. Members of the legislature, 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 partially discharge and perform all the duties 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 Congress of the United States, I, being a citizen of this State, have not
fought a duel with deadly weapons within this State, nor 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 offending--so help me God."

    
*** SEND ***
*** SSTART 002.0 007.0 0 TX 1845 ***
SEC. 2. Treason against this State shall consist only in leying 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 witnesses to the same overt act, or his own confession in open court.

*** SEND ***
*** SSTART 003.0 007.0 0 TX 1845 ***
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 given or offered a bribe to procure his election or
appointment.

*** SEND ***
*** SSTART 004.0 007.0 0 TX 1845 ***
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, forger, or other high crimes.
The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting,
under adequate penalties, all undue influence thereon from power, bribery, tumult, or other
improper practice.

*** SEND ***
*** SSTART 005.0 007.0 0 TX 1845 ***
SEC. 5. Any citizen of this State who shall, after the adoption of this constitution, fight a duel
with deadly weapons, either within the State of out of it, or who shall act as second, or knowingly
aid and assist in any manner those thus offending, shall be deprived of holding any office of trust
or profit under this State.

*** SEND ***
*** SSTART 006.0 007.0 0 TX 1845 ***
SEC. 6. 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 officers.

*** SEND ***
*** SSTART 007.0 007.0 0 TX 1845 ***
SEC. 7. The legislature shall provide by law for the compensation of all officers, servants, agents,
and public contractors, not provided 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 performance of same; nor grant by
appropriations or otherwise any amount of money out of the treasury of the State to any
individual, on a claim real or pretended, where the same shall not have been provided for by
preexisting law: Provided, That nothing in this section shall be so construed as to affect the
claims of persons against the republic of Texas, heretofore existing.

*** SEND ***
*** SSTART 008.0 007.0 0 TX 1845 ***
SEC. 8. No money shall be drawn from the treasury but in pursuance of specific 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 internal 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 money shall be 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.

    
*** SEND ***
*** SSTART 009.0 007.0 0 TX 1845 ***
SEC. 9. All civil officers shall reside within the State, and all district or county officers within
their districts or counties; and shall keep their officers at such places therein as may be required
by law.

*** SEND ***
*** SSTART 010.0 007.0 0 TX 1845 ***
SEC. 10. The duration of all offices not fixed by this constitution shall never exceed four years.

*** SEND ***
*** SSTART 011.0 007.0 0 TX 1845 ***
SEC. 11. Absence on the business of this State, or the United States, shall not forfeit a residence
once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed
to any office under the exceptions contained in this constitution.

*** SEND ***
*** SSTART 012.0 007.0 0 TX 1845 ***
SEC. 12. The legislature shall have power to provide for deductions from the salaries of public
officers who may neglect the performance of any duty that may be assigned them by law.

*** SEND ***
*** SSTART 013.0 007.0 0 TX 1845 ***
SEC. 13. No member of Congress nor person holding or exercising any office of profit or trust
under the United States, or either of them, or under any foreign power, shall be eligible as a
member of the legislature, or hold or exercise any office of profit or trust under this State.

*** SEND ***
*** SSTART 014.0 007.0 0 TX 1845 ***
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.

*** SEND ***
*** SSTART 015.0 007.0 0 TX 1845 ***
SEC. 15. It shall be the duty of the legislature to pass such laws as may be necessary and proper
to decide differences by arbitration, when the parties shall elect that method of trial.

*** SEND ***
*** SSTART 016.0 007.0 0 TX 1845 ***
SEC. 16. Within five years after the adoption of this constitution, the laws, civil and criminal,
shall be revised, digested, arranged, and published in such manner as the legislature shall direct;
and a like revision, digest, and publication shall be made every ten years thereafter.

*** SEND ***
*** SSTART 017.0 007.0 0 TX 1845 ***
SEC. 17. No lottery shall be authorized by this State; and the buying or selling of lottery tickets
within this State is prohibited.

*** SEND ***
*** SSTART 018.0 007.0 0 TX 1845 ***
SEC. 18. No divorce shall be granted by the legislature.

*** SEND ***
*** SSTART 019.0 007.0 0 TX 1845 ***
SEC. 19. All property, both real and personal, of the wife, owned or claimed by her before
marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property;
and laws shall be passed more clearly defining the rights of the wife in relation as well to her
separate property as that held in common with her husband. Laws shall also be passed providing
for the registration of the wife's separate property.

*** SEND ***
*** SSTART 020.0 007.0 0 TX 1845 ***
SEC. 20. The rights of property and of action, which have been acquired under the constitution
and laws of the republic of Texas, 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 re-instated by this constitution; but the same shall remain
precisely in the situation [in] which they were before the adoption of this constitution.

*** SEND ***
*** SSTART 021.0 007.0 0 TX 1845 ***
SEC. 21. All claims, locations, surveys, grants, and titles to land, which are declared null and
void by the constitution of the republic of Texas, are and the same shall remain forever null and
void.

*** SEND ***
*** SSTART 022.0 007.0 0 TX 1845 ***
SEC. 22. The legislature shall have power 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 forced sale for any debts hereafter contracted; nor shall
the owner, if 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.

    
*** SEND ***
*** SSTART 023.0 007.0 0 TX 1845 ***
SEC. 23. The legislature shall provide in what cases officers shall continue to perform the duties
of their offices, until their successors shall be duly qualified.

*** SEND ***
*** SSTART 024.0 007.0 0 TX 1845 ***
SEC. 24. Every law enacted by the legislature shall embrace but one object, and that shall be
expressed in the title.

*** SEND ***
*** SSTART 025.0 007.0 0 TX 1845 ***
SEC. 25. No law shall be revised or amended by reference to its title; but in such case, the act
revised, or section amended, shall be re-enacted and published at length.

*** SEND ***
*** SSTART 026.0 007.0 0 TX 1845 ***
SEC. 26. No person shall hold or exercise at the same time more than one civil office of
emolument, except that of justice of the peace.

*** SEND ***
*** SSTART 027.0 007.0 0 TX 1845 ***
SEC. 27. Taxation shall be equal and uniform throughout the State. All property in this State
shall be taxed in proportion to its value, to be ascertained as directed by law; 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 occupation shall not be construed to
apply to pursuits either agricultural or mechanical.

*** SEND ***
*** SSTART 028.0 007.0 0 TX 1845 ***
SEC. 28. The legislature shall have power to provide by law for exempting from taxation two
hundred and fifty dollars' worth of the household furniture, or other property belonging to each
family in this State.

*** SEND ***
*** SSTART 029.0 007.0 0 TX 1845 ***
SEC. 29. The assessor and collector of taxes shall be appointed in such manner and under such
regulations as the legislature may direct.

*** SEND ***
*** SSTART 030.0 007.0 0 TX 1845 ***
SEC. 30. No corporate body shall hereafter be created, renewed, or extended, with banking or
discounting privileges.

*** SEND ***
*** SSTART 031.0 007.0 0 TX 1845 ***
SEC. 31. No private corporation shall be created, unless the bill creating it shall be passed by
two-thirds of both houses of the legislature; and two-thirds of the legislature shall have power to
revoke and repeal all private corporations, by making compensation for the franchise; and the
State shall not be part owner of the stock or property belonging to any corporation.

*** SEND ***
*** SSTART 032.0 007.0 0 TX 1845 ***
SEC. 32. The legislature shall prohibit, by law, individuals from issuing bills, checks, promissory
notes, or other paper, to circulate as money.

*** SEND ***
*** SSTART 033.0 007.0 0 TX 1845 ***
SEC. 33. The aggregate amount of debts hereafter contracted by the legislature shall never
exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or
suppress insurrections; and in no case shall any amount be borrowed except by a vote of
two-thirds of both houses of the legislature.

*** SEND ***
*** SSTART 034.0 007.0 0 TX 1845 ***
SEC. 34. The legislature shall, at the first session thereof, and may at any subsequent session,
establish new counties for the convenience of the inhabitants of such 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,
(except the county of Bowie,) unless by consent of two-thirds of the legislature; nor shall any
county be laid off of less contents. Every new county, as to the right of suffrage and
representation, shall be considered as part of the county or counties from which it was taken,
until entitled by numbers to the right of separate representation

*** SEND ***
*** SSTART 035.0 007.0 0 TX 1845 ***
SEC. 35. No soldier shall, in time of peace, be quartered in the house or within the enclosure of
any individual, without the consent of the owner; nor in time of war, but in a manner prescribed
by law.

    
*** SEND ***
*** SSTART 036.0 007.0 0 TX 1845 ***
SEC. 36. The salaries of the governor and judges of the supreme and district courts are hereby
fixed at the minimum established in the constitution, and shall not be increased for ten years.

*** SEND ***
*** SSTART 037.0 007.0 0 TX 1845 ***
Mode of amending the Constitution.

SEC. 37. The legislature, whenever two-thirds of each house shall deem it necessary, may
proposed 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 consideration 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 p/oll for, and make a
return to the Secretary 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-thirds of each house of the next legislature 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.
*** SEND ***
*** AEND ***
*** ASTART 008.0 TX 1845 ***
 ARTICLE VIII.

Slaves.


*** SSTART 001.0 008.0 0 TX 1845 ***
SEC. 1. 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 money for the slaves so emancipated. They shall have no power to prevent
emigrants to this State from bringing with them such persons as are deemed slaves by the laws of
any of the United States, so long as any person of the same age or description shall be continued
in slavery by the laws of this State: Provided, That such slave be the bona fide property of such
emigrants: Provided, also, That laws shall be passed to inhibit the introduction into this State of
slaves who have committed high crimes in other States or Territories. They shall have the right to
pass laws to permit 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 pass laws which
will oblige the owners of slaves to treat them with humanity; to provide for their necessary food
and clothing; to abstain from all injuries 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 merchandise only.

*** SEND ***
*** SSTART 002.0 008.0 0 TX 1845 ***
SEC. 2. In the prosecution of slaves for crimes of a higher grade than petit larceny, the legislature
shall have no power to deprive them of an impartial trial by a petit jury.

    
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*** SSTART 003.0 008.0 0 TX 1845 ***
SEC. 3. Any person who shall maliciously dismember, or deprive a slave of life, shall 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 by such slave. 

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*** AEND ***
*** ASTART 009.0 TX 1845 ***
ARTICLE IX.

Impeachment.
*** SSTART 001.0 009.0 0 TX 1845 ***
SEC. 1. The power of impeachment shall be vested in the House of Representatives.

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*** SSTART 002.0 009.0 0 TX 1845 ***
SEC. 2. Impeachments of the governor, lieutenant governor, attorney general, secretary of state,
treasurer, comptroller, and of the judges of the district courts, shall be tried by the Senate.

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*** SSTART 003.0 009.0 0 TX 1845 ***
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 present.

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*** SSTART 004.0 009.0 0 TX 1845 ***
SEC. 4. Judgment, in cases of impeachment, shall extend only to removal from office, and
disqualification from holding any office of honor, trust, or profit, under this State; but the parties
convicted shall, nevertheless, be subject to indictment, trial, and punishment according to law.

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*** SSTART 005.0 009.0 0 TX 1845 ***
SEC. 5. All officers against whom articles of impeachment may be preferred, shall be suspended
from the exercise of the duties of their office during the pendency of such impeachment. 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.

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*** SSTART 006.0 009.0 0 TX 1845 ***
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.

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*** AEND ***
*** ASTART 010.0 TX 1845 ***
ARTICLE X.

Education.

    
*** SSTART 001.0 010.0 0 TX 1845 ***
SEC. 1. A general diffusion of knowledge 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.

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*** SSTART 002.0 010.0 0 TX 1845 ***
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 no less than one-tenth of the annual revenue of the State derivable from
taxation as a perpetual fund, which fund shall be appropriated to the support of free public
schools; and no law shall ever be made diverting said fund to any other use; and, until such time
as the legislature shall provide for the establishment of such schools in the several districts of the
State, the fund thus created shall remain as a charge against the State, passed to the credit of the
free common school fund.

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*** SSTART 003.0 010.0 0 TX 1845 ***
SEC. 3. All public lands which have been heretofore, or may hereafter be granted for public
schools, to the various counties, or other political divisions in this State, shall not be alienated in
fee, nor disposed of otherwise than by lease, for a term not exceeding twenty years, in such
manner as the legislature may direct.

    
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*** SSTART 004.0 010.0 0 TX 1845 ***
SEC. 4. The several counties in this State which have not received their quantum of lands for the
purpose of education shall be entitled in the same quantity heretofore appropriated by the
Congress of the republic of Texas to other counties. 

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*** AEND ***
*** ASTART 011.0 TX 1845 ***
 ARTICLE XI.

*** SSTART 001.0 011.0 0 TX 1845 ***
SEC. 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.

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*** SSTART 002.0 011.0 0 TX 1845 ***
SEC. 2. The district courts shall be opened until the first day of July, one thousand eight hundred
and forty-seven, for the establishment of certificates for head rights not recommended by the
commissioners appointed under the act to detect fraudulent land certificates, and to provide for
issuing patents to legal claimants; and the parties suing shall produce the like proof, and be
subjected to the requisitions which were necessary, and were 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 be disturbed until the certificates are established, as above directed.
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*** AEND ***
*** ASTART 012.0 TX 1845 ***
ARTICLE XII.
*** SSTART 001.0 012.0 0 TX 1845 ***

Land Office.

    
SEC. 1. There shall be one general land office in the State, which shall be at the seat of
government, where all titles which have heretofore emanated, or may hereafter emanate, from
government, shall be registered; and the legislature may establish, from time to time, such
subordinate offices as they may deem requisite. 
*** SEND ***

*** AEND ***
*** ASTART 013.0 TX 1845 ***
 ARTICLE XIII.

Schedule.
*** SSTART 001.0 013.0 0 TX 1845 ***
SEC. 1. That no inconvenience may arise from a change of separate national government to a
State government, it is declared that all process which shall be issued in the name of the republic
of Texas prior to the organization of the State government under this constitution shall be as
valid as if issued in the name of the State of Texas.

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*** SSTART 002.0 013.0 0 TX 1845 ***
 SEC. 2. The validity of all bonds and recognizances, executed in conformity with the
constitution and laws of the republic of Texas, shall not be impaired by the change of
government, but may be sued for and recovered in the name of the governor of the State of
Texas; and all criminal prosecutions or penal actions which shall have arisen prior to the
organization of the State government under 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 at
law and equity which may be depending in any of the courts of the republic 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 subject-matter thereof.

    
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*** SSTART 003.0 013.0 0 TX 1845 ***
SEC. 3. All laws or parts of laws now in force in the republic of Texas, which are not repugnant
to the constitution of the United States, the joint resolutions for annexing Texas to the United
States, or to the provisions 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 thereof.

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*** SSTART 004.0 013.0 0 TX 1845 ***
SEC. 4. All fines, penalties, forfeitures and escheats, which have accrued to the republic of Texas
under the 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 forfeiture or escheated.

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*** SSTART 005.0 013.0 0 TX 1845 ***
SEC. 5. Immediately after the adjournment of this convention, the President of the republic shall
issue his proclamation, directing the chief justices of the several counties of this republic, and the
several chief justices of the several counties of this republic, and the several chief justices and
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 purpose of taking the sense
of the people of Texas in regard to the adoption or rejection of this constitution; and the votes of
all persons entitled to voted under the existing laws, or this constitution, shall be received. Each
voter shall express his opinion by declaring by a "viva voce" vote for "the constitution accepted,"
or "the constitution rejected," or some words clearly expressing the intention of the voter; and at
the same time the vote shall be taken 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 several counties shall carefully and promptly make duplicate returns of said polls,
one of which shall be transmitted to the secretary of State of the republic of Texas, and the other
deposited in the clerk's office of the county court.
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*** SSTART 006.0 013.0 0 TX 1845 ***
SEC. 6. Upon the receipt of the said returns, 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 present, and of all persons who may choose to attend, to compare the votes
given for the ratification or rejection of this constitution; and if it should appear from the returns
that a majority of all the votes given is for the adoption 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 constitution of the State, to go into operation and be of force and
effect from and after the organization of the State government under this constitution; and the
president of this republic is authorized and required to transmit to the President of the United
States duplicate copies of this constitution, property authenticated, together with certified
statements of the number of votes given for the ratification thereof, and the number for rejection;
one of which copies shall be transmitted by mail, and one copy by special messenger, in
sufficient time to reach the seat of government of the United States early in December next.
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*** SSTART 007.0 013.0 0 TX 1845 ***
SEC. 7. Should this constitution be accepted by the people of Texas, it shall be the duty of the
president, on or before the second Monday in November next, to issue his proclamation,
directing and requiring elections to be holden in all the counties of this republic on the third
Monday in December next, for the office of governor, lieutenant governor, and members of the
Senate and House of Representatives of the State legislature, in accordance with the
apportionment of representation directed by this constitution. The returns for members of the
legislature of this State shall be made to the department of State of this republic; and those for
governor and lieutenant governor shall be address to the speaker of the House of Representatives,
endorsed "election returns of ---- county, for governor," and directed to the Department of State;
and should, from any clause whatever, the chief justices of counties fail to cause to be holden any
of the polls or elections provided for by this constitution, at the times and places herein directed,
the people of the precincts where such failure exists are hereby authorized to choose managers,
judges, and other officers, to conduct said elections.

*** SEND ***    
*** SSTART 008.0 013.0 0 TX 1845 ***
SEC. 8. Immediately on the President of this republic receiving official information of the
acceptance of this constitution by the Congress of the United States, he shall issue his
proclamation convening, at an early day, the legislature of the State of Texas at the 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 lieutenant governor, count and
compare the votes, and declare the names of the persons who shall be elected to the offices of
governor and lieutenant governor, who shall forthwith be installed in their respective offices; and
the legislature shall proceed, as early as practicable, 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 legislature shall also adopt such measures as may be required to cede to
the United States, at the proper time, all public edifices, fortifications, barracks, ports, harbors,
navy and navy yards, docks, magazines, arms and armaments, and all other property and means
pertaining to the public defence, now belonging to the republic of Texas; and to make the
necessary preparations for transferring to the said United States all custom-houses and other
places for the collection of impost duties and other foreign revenues.
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*** SSTART 009.0 013.0 0 TX 1845 ***
SEC. 9. It shall be the duty of the President of Texas, immediately after the inauguration of the
governor, to deliver to him all records, public money, documents, archives, and public property
of every description whatsoever, under the control of the executive branch of the government;
and the governor shall dispose of the same in such manner as the legislature may direct.
*** SEND ***
*** SSTART 010.0 013.0 0 TX 1845 ***
SEC. 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 offices 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
President, of the President's cabinet, foreign ministers, charges, and agents and others repugnant
to this constitution, shall be superseded by the same; and that all others shall be holden and
exercised until they expire by their own limitation, or be superseded by the authority of this
constitution, or laws made in pursuance thereof.

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*** SSTART 011.0 013.0 0 TX 1845 ***
SEC. 11. In case of any disability on the part of the President of the republic of Texas to act as
herein required, it shall be the duty of the secretary of State of the republic of Texas, and in case
of disability on the part of the secretary of State, then it shall be the duty of the attorney general
of the republic of Texas, to perform the duties assigned to the President.
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*** SSTART 012.0 013.0 0 TX 1845 ***
SEC. 12. The first general election for governor, lieutenant governor, and members of the
legislature, after the organization of the government, shall take place on the first Monday in
November, one thousand eight hundred and forty-seven, and shall be held biennially thereafter on
the first Monday in November, until otherwise provided by the legislature; and the governor and
lieutenant-governor elected in December next shall hold their offices until the installation in
office of the governor and lieutenant-governor to be elected in the year one thousand eight
hundred and forty-seven.
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*** SSTART 013.0 013.0 0 TX 1845 ***
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 constitution
and form a part of the same.

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*** AEND ***
*** ASTART 9016.0 TX 1845 ***

Done in convention by the deputies of the people of Texas, at the city of Austin, this
twenty-seventh day of August, in the year of our Lord one thousand eight hundred and forty-five.

In testimony whereof we have hereunto subscribed our names.

THO. J. RUSK, President

John D. Anderson
James Armstrong
Cavitt Armstrong
B. C. Bagby
R. E. B. Baylor
R. Bache
J. W. Brashear
Geo. Wm. Brown
Jas. M. Burroughs
John Caldwell                                          
William L. Cazneau
Edward Clark
A. S. Cunningham
Phil. M. Cuny
Nicholas H. Darnell
James Davis
Lemuel Dale Evans
Gustavus A. Everts
Robert M. Forbes
David Gage
John Hemphill
J. Pinckney Henderson
A. W. O. Hicks
Jos. L. Hogg
A. C. Horton
Volney E. Howard
Spearman Holland
Wm. L. Hunter
Van. R. Irion
Henry J. Jewett     Oliver Jones
H. L. Kinney
Henry R. Latimer
Albert H. Latimer
John M. Lewis
James Love
P. O. Lumpkin
Sam. Lusk
Abner S. Lipscomb
James S. Mayfield
A. McGowan
Archibald McNeill
J. B. Miller
Francis Moore, jr.
J. Antonio Navarro
W. B. Ochiltree
Isaac Parker
James Power
Emery Rains
H. G. Runnels
James Scott
Geo. W. Smyth
Israel Standefer
Chas. Bellinger Stewart
E. H. Tarrant
Isaac Van Zandt
Francis M. White
George T. Wood
Wm. Cock Young
Attest: JAMES H. RAYMOND,
Secretary of the Convention.

*** AEND ***
*** CEND ***