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The Constitution of the Republic of Texas |
THE CONSTITUTION OF
THE REPUBLIC OF TEXAS
March 17, 1836
We, the people of Texas, in order to form a government, establish
justice, ensure domestic tranquility, provide for the common defence
and general welfare; and to secure the blessings of liberty to
ourselves, and our posterity, do ordain and establish this constitution.
ARTICLE I.
Section
1 . The powers of this government shall be divided into three
departments, viz: legislative, executive and judicial, which shall
remain forever separate and distinct.
Sec. 2 . The legislative
power shall be vested in a senate and house of representatives, to be
styled the congress of the republic of Texas.
Sec. 3 . The
members of the house of representatives shall be chosen annually, on
the first Monday of September each year, until congress shall otherwise
provide by law, and shall hold their offices one year from the date of
their election.
Sec. 4 . No person shall be eligible to a seat
in the house of representatives until he shall have attained the age of
twenty-five years, shall be a citizen of the republic, and shall have
resided in the county or district six months next preceding his
election.
Sec. 5 . The house of representatives shall not
consist of less than twenty-four, nor more than forty members, until
the population shall amount to one hundred thousand souls, after which
the whole number of representatives shall not be less than forty, nor
more than one hundred: Provided, however, that each county shall be
entitled to at least one representative.
Sec. 6 . The house of
representatives shall choose their speaker and other officers, and
shall have the sole power of impeachment.
Sec. 7 . The senators
shall be chosen by districts, as nearly equal in free population (free
negroes and Indians excepted,) as practicable; and the number of
senators shall never be less than one third nor more than one half the
number of representatives, and each district shall be entitled to one
member and no more.
Sec. 8 . The senators shall be chosen for
the term of three years, on the first Monday in September; shall be
citizens of the republic, reside in the district for which they are
respectively chosen at least one year before the election; and shall
have attained the age of thirty years.
Sec. 9 . At the first
session of congress after the adoption of this constitution, the
senators shall be divided by lot into three classes, as nearly equal as
practicable; the seats of the senators of the first class shall be
vacated at the end of the first year; of the second class, at the end
of the second year; the third class, at the end of the third year, in
such a manner that one third shall be chosen each year thereafter.
Sec.
10 . The vise president of the republic shall be president of the
senate, but shall not vote on any question, unless the senate be
equally divided.
Sec. 11 . The senate shall choose all other
officers of their body, and a president pro tempore, in the absence of
the vice president, or whenever he shall exercise the office of
president; shall have the sole power to try impeachments, and when
sitting as a court of impeachment, shall be under oath; but no
conviction shall take place without the concurrence of two thirds of
all the members present.
Sec. 12 . Judgment in cases of
impeachment shall only extend to removal from office, and
disqualification to hold any office of honor, trust or profit under
this government; but the party shall nevertheless be liable to
indictment, trial, judgment, and punishment according to law.
Sec.
13 . Each house shall be the judge of the elections, qualifications and
returns of its own members. Two thirds of each house shall constitute a
quorum to do business, but a smaller number may adjourn from day to
day, and may compel the attendance of absent members.
Sec. 14 .
Each house may determine the rules of its own proceedings, punish its
members for disorderly behavior, and with the concurrence of two
thirds, may expel a member, but not a second time for the same offence.
Sec.
15 . Senators and representatives shall receive a compensation for
their services, to be fixed by law, but no increase of compensation, or
diminution, shall take effect during the session at which such increase
or diminution shall have been made. They shall, except in case of
treason, felony, or breach of the peace, be privileged from arrest
during the session of congress, and in going to and returning from the
same; and for any speech or debate in either house they shall not be
questioned in any other place.
Sec. 16 . Each house may punish,
by imprisonment, during the session, any person not a member, who shall
be guilty of any disrespect to the house, by any disorderly conduct in
their presence.
Sec. 17 . Each house shall keep a journal of its
proceedings, and publish the same, except such parts as in its judgment
require secrecy. When any three members shall desire the yeas and nays
on any question, they shall be entered on the journals.
Sec. 18
. Neither house, without the consent of the other, shall adjourn for
more than three days, nor to any other place than that in which the two
houses may be sitting.
Sec. 19 . When vacancies happen in either house, the executive shall issue writs of election to fill such vacancies.
Sec.
20 . No bill shall become law until it shall have been read on three
several days in each house, and passed by the same, unless, in cases of
emergency, two thirds of the members of the house where the bill
originated shall deem it expedient to dispense with the rule.
Sec.
21 . After a bill shall have been rejected, no bill containing the same
substance shall be passed into a law during the same session.
Sec.
22 . The style of the laws of the republic shall be, "Be it enacted by
the senate and house of representatives of the republic of Texas, in
congress assembled."
Sec. 23 . No person holding an office of
profit under the government shall be eligible to a seat in either house
of congress, nor shall any member of either house be eligible to any
office which may [be] created, or the profits of which shall be
increased during his term of service.
Sec. 24 . No holder of
public monies or collector thereof, shall be eligible to a seat in
either house of congress, until he shall have fully acquitted himself
of all responsibility, and shall produce the proper officer's receipt
thereof. Members of either house may protest against any act or
resolution, and may have such protest entered on the journals of their
respective houses.
Sec. 25 . No money shall be drawn from the
public treasury but in strict accordance with appropriations made by
law; and no appropriations shall be made for private or local purposes,
unless two thirds of each house concur in such appropriations.
Sec.
26 . Every act of congress shall be approved and signed by the
president before it becomes a law; but if the president will not
approve and sign such act, he shall return it to the house in which it
shall have originated, with his reasons for not approving the same,
which shall be spread upon the journals of such house, and the bill
shall then be reconsidered, and shall not become a law unless it shall
then pass by a vote of two thirds of both houses. If any act shall be
disapproved by the president, the vote on the reconsideration shall be
recorded by ayes and nayes. If the president shall fail to return a
bill within five days (Sundays excepted) after it shall have been
presented for his approval and signature, the same shall become a law,
unless the congress prevent its return within the time above specified
by adjournment.
Sec. 27 . All bills, acts, orders, or
resolutions, to which the concurrence of both houses may be necessary,
(motions or resolutions for adjournment excepted,) shall be approved
and signed by the president, or being disapproved, shall be passed by
two thirds of both houses, in manner and form as specified in section
twenty.
ARTICLE II.
Sec. 1 . Congress shall have power to
levy and collect taxes and imposts, excise and tonnage duties; to
borrow money on the faith, credit, and property of the government, to
pay the debts and to provide for the common defence and general welfare
of the republic.
Sec. 2 . To regulate commerce, to coin money,
to regulate the value thereof and of foreign coin, to fix the standard
of weights and measures, but nothing but gold and silver shall be made
a lawful tender.
Sec. 3 . To establish post offices and post
roads, to grant charters of incorporation, patents and copy rights, and
secure to the authors and inventors the exclusive use thereof for a
limited time.
Sec. 4 . To declare war, grant letters of marque and reprisal, and to regulate captures.
Sec. 5 . To provide and maintain an army and navy, and to make all laws and regulations necessary for their government.
Sec. 6 . To call out the militia to execute the law, to suppress insurrections, and repel invasion.
Sec.
7 . To make all laws which shall be deemed necessary and proper to
carry into effect the foregoing express grants of power, and all other
powers vested in the government of the republic, or in any officer or
department thereof.
ARTICLE III.
Sec. 1 . The executive
authority of this government shall be vested in a chief magistrate, who
shall be styled the president of the republic of Texas.
Sec. 2 .
The first president elected by the people shall hold his office for the
term of two years, and shall be ineligible during the next succeeding
term; and all subsequent presidents shall be elected for three years,
and be alike ineligible; and in the event of a tie, the house of
representatives shall determine between the two highest candidates by a
vive voce vote.
Sec. 3 . The returns of the elections for
president and vice president shall be sealed up and transmitted to the
speaker of the house of representatives, by the holders of elections of
each county; and the speaker of the house of representatives shall open
and publish the returns in presence of a majority of each house of
congress.
ARTICLE IV.
Sec. 1 . The judicial powers of the
government shall be vested in one supreme court, and such inferior
courts as the congress may, from time to time, ordain and establish.
The judges of the supreme and inferior courts shall hold their offices
for four years, be eligible to re-election, and shall, at stated
periods, receive for their services a compensation, not to be increased
or diminished during the period for which they were elected.
Sec.
2 . The republic of Texas shall be divided into convenient judicial
districts, not less than three, nor more than eight. There shall be
appointed for each district a judge, who shall reside in the same, and
hold the courts at such times and places as congress may by law direct.
Sec.
3 . In all admiralty and maritime cases, in all cases affecting
ambassadors, public ministers or consuls, and in all capital cases, the
district courts shall have exclusive original jurisdiction, and
original jurisdiction in all civil cases when the amount in controversy
amounts to one hundred dollars.
Sec. 4 . The judges, by virtue
of their offices, shall be conservators of the peace, throughout the
republic. The style of all process shall be, "the republic of Texas;"
and all prosecutions shall be carried on in the name and by the
authority of the same, and conclude, "against the peace and dignity of
the republic."
Sec. 5 . There shall be a district attorney
appointed for each district, whose duties, salaries, perquisites, and
term of service shall be fixed by law.
Sec. 6 . The clerks of
the district courts shall be elected by the qualified voters for
members of congress, in the counties where the courts are established,
and shall hold their offices for, four years, subject to removal by
presentment of a grand jury, and conviction of a petit jury.
Sec.
7 . The supreme court shall consist of a chief justice and associate
judges; the district judges shall compose the associate judges, a
majority of whom, with the chief justice, shall constitute a quorum.
Sec.
8 . The supreme court shall have appellate jurisdiction only, which
shall be conclusive, within the limits of the republic; and shall hold
its sessions annually, at such times and places as may be fixed by law;
Provided , that no judge shall sit in a case in the supreme court tried
by him in the court below.
Sec. 9 . The judges of the supreme and district courts shall be elected by joint ballot of both houses of congress.
Sec.
10 . There shall be in each county a county court, and such justices'
courts as the congress may, from time to time, establish.
Sec.
11 . The republic shall be divided into convenient counties, but no new
county shall be established, unless it be done on the petition of one
hundred free male inhabitants of the territory sought to be laid off
and established; and unless the said territory shall contain nine
hundred square miles.
Sec. 12 . 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 congress may direct. Justices of the peace
and sheriffs shall be commissioned by the president.
Sec. 13 .
The congress shall, as early as practicable, introduce, by statute, the
common law of England, with such modifications as our circumstances, in
their judgment, may require; and in all criminal cases, the common law
shall be the rule of decision.
ARTICLE V.
Sec. 1 .
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 any priest
of any denomination whatever, shall be eligible to the office of the
executive of the republic, nor to a seat in either branch of the
congress of the same.
Sec. 2 . Each member of the senate and
house of representatives shall, before they proceed to business, take
an oath to support the constitution, as follows;
"I, A. B., do
solemnly swear [or affirm, as the case may be] that, as a member of
this general congress, I will support the constitution of the republic,
and that I will not propose or assent to any bill, vote, or resolution
which shall appear to me injurious to the people."
Sec. 3 .
Every person who shall be chosen or appointed to any office of trust or
profit shall, before entering on the duties thereof, take an oath to
support the constitution of the republic, and also an oath of office.
ARTICLE VI.
Sec.
1 . No person shall be eligible to the office of president who shall
not have attained the age of thirty-five years, shall be a citizen of
the republic at the time of the adoption of this constitution, or an
inhabitant of this republic at least three years immediately preceding
his election.
Sec. 2 . The president shall enter on the duties
of his office on the second Monday in December next succeeding his
election, and shall remain in office until his successor shall be duly
qualified.
Sec. 3 . The president shall, at stated times,
receive a compensation for his services, which shall not be increased
or diminished during his continuance in office; and before entering
upon the duties of his office, he shall take and subscribe the
following oath or affirmation:
"I, A. B., president of the
republic of Texas, do solemnly and sincerely swear (or affirm, as the
case may be) that I will faithfully execute the duties of my office,
and to the best of my abilities preserve, protect, and defend the
constitution of the Republic."
Sec. 4 . He shall be
commander-in-chief of the army and navy of the republic, and militia
thereof, but he shall not command in person without the authority of a
resolution of congress. He shall have power to remit fines and
forfeitures, and to grant reprieves and pardons, except in cases of
impeachment.
Sec. 5 . He shall, with the advice and consent of
two-thirds of the senate, make treaties; and, with he consent of the
senate, appoint ministers and consuls, and all officers whose offices
are established by this constitution, not herein otherwise provided for.
Sec.
6 . The president shall have power to fill all vacancies that may
happen during the recess of the senate; but he shall report the same to
the senate within ten days after the next congress shall convene; and
should the senate reject the same, the president shall not re-nominate
the same individual to the same office.
Sec. 7 . He shall, from
time to time, give congress information of the state of the republic,
and recommend for their consideration such measures as he may deem
necessary. He may, upon extraordinary occasions, convene both houses,
or either of them. In the event of a disagreement as to the time of
adjournment, he may adjourn them to such time as he may think proper.
He shall receive all foreign ministers. He shall see that the laws be
faithfully executed, and shall commission all the officers of the
republic.
Sec. 8 . There shall be a seal of the republic, which
shall be kept by the president, and used by him officially; it shall be
called the great seal of the republic of Texas.
Sec. 9 . All
grants and commissions shall be in the name, and by the authority of
the republic of Texas, shall be sealed with the great seal, and signed
by the president.
Sec. 10 . The president shall have power, by
and with the advice and consent of the senate, to appoint a secretary
of state and such other heads of executive departments as may be
established by law, who shall remain in office during the term of
service of the president, unless sooner removed by the president, with
the advice and consent of the senate.
Sec. 11 . Every citizen of
the republic who has attained the age of twenty-one years, and shall
have resided six months within the district or county where the
election is held, shall be entitled to vote for members of the general
congress.
Sec. 12 . All elections shall be by ballot, unless congress shall otherwise direct.
Sec.
13 . All elections by joint vote of both houses of congress shall be
viva voce, shall be entered on the journals, and a majority of the
votes shall be necessary to a choice.
Sec. 14 . A vice president
shall be chosen at every election for president, in the same manner,
continue in office for the same time, and shall possess the same
qualifications of the president. In voting for president and vice
president, the electors shall distinguish for whom they vote as
president, and for whom as vice president.
Sec. I5 . In cases of
impeachment, removal from office, death, resignation, or absence of the
president from the republic, the vice president shall exercise the
powers and discharge the duties of the president until a successor be
duly qualified, or until the president, who may be absent or impeached,
shall return or be acquitted.
Sec. 16 . The president, vice
president, and all civil officers of the republic, shall be removable
from office by impeachment for, and on conviction of, treason, bribery,
and other high crimes and misdemeanors.
SCHEDULE.
Sec. 1
. That no inconvenience may arise from the adoption of this
constitution, it is declared by the convention that all laws now in
force in Texas, and not inconsistent with this constitution, shall
remain in full force until declared void, repealed, altered, or expire
by their own limitation.
Sec. 2 . All fines, penalties,
forfeitures and escheats, which have accrued to Coahuila and Texas, or
Texas, shall accrue to this republic.
Sec. 3 . Every male
citizen, who is, by this constitution, a citizen, and shall be
otherwise qualified, shall be entitled to hold any office or place of
honor, trust, or profit under the republic, any thing in this
constitution to the contrary notwithstanding.
Sec. 4 . The first
president and vice president that shall be appointed after the adoption
of this constitution, shall be chosen by this convention, and shall
immediately enter on the duties of their offices, and shall hold said
offices until their successors be elected and qualified, as prescribed
in this constitution, and shall have the same qualifications, be
invested with the same powers, and perform the same duties which are
required and conferred on the executive head of the republic by this
constitution.
Sec. 5 . The president shall issue writs of
election directed to the officers authorized to hold elections of the
several counties, requiring them to cause an election to be held for
president, vice president, representatives, and senators to congress,
at the time, and mode prescribed by this constitution, which election
shall conducted in the manner that elections have been heretofore
conducted. The president, vice president, and members of congress, when
duly elected, shall continue to discharge the duties of their
respective offices for the time and manner prescribed by this
constitution, until their successors be duly qualified.
Sec. 6 .
Until the first enumeration shall be made, directed by this
constitution, the precinct of Austin shall be entitled to one
representative; the precinct of Brazoria to two representatives; the
precinct of Bexar two representatives; the precinct of Colorado one
representative; Sabine one; Gonzales one; Goliad one; Harrisburg one;
Jasper one; Jefferson one; Liberty one; Matagorda one; Mina two;
Nacogdoches two; Red River three; Victoria one; San Augustine two;
Shelby two; Refugio one; San Patricio one; Washington two; Milam one;
and Jackson one representative.
Sec. 7 . Until the first
enumeration shall be made, as described by this constitution, the
senatorial districts shall be composed of the following precincts:
Bexar shall be entitled to one senator; San Patricio, Refugio and
Goliad one; Brazoria one; Mina and Gonzales one; Nacogdoches one; Red
River one; Shelby and Sabine one; Washington one; Matagorda, Jackson
and Victoria one; Austin and Colorado one; San Augustine one: Milam
one; Jasper and Jefferson one; and Liberty and Harrisburg one senator.
Sec.
8 . All judges, sheriffs, commissioners, and other civil officers shall
remain in office, and in the discharge of the powers and duties of
their respective offices, until there shall be others appointed or
elected under the constitution.
GENERAL PROVISIONS.
Sec.
1 . Laws shall be made to exclude from office, from the right of
suffrage, and from serving on juries those who shall hereafter be
convicted of bribery, perjury, or other high crimes and misdemeanors.
Sec.
2 . Returns of all elections for officers who are to be commissioned by
the president, shall be made to the secretary of state of this republic.
Sec.
3 . The presidents and heads of departments shall keep their offices at
the seat of government, unless removed by the permission of congress,
or unless in case of emergency in time of war, the public interest may
require their removal.
Sec. 4 . The president shall make use of his private seal until a seal of the republic shall be provided.
Sec.
5 . It shall be the duty of congress, as soon as circumstances will
permit, to provide by law, a general system of education.
Sec. 6
. All free white persons who shall emigrate to this republic, and who
shall, after a residence of six months, make oath before some competent
authority that he intends to reside permanently in the same, and shall
swear to support this constitution, and that he will bear true
allegiance to the republic of Texas, shall be entitled to all the
privileges of citizenship.
Sec. 7 . So soon as convenience will
permit, there shall be a penal code formed on principles of
reformation, and not of vindictive justice; and the civil and criminal
laws shall be revised, digested, and arranged under different heads;
and all laws relating to land titles shall be translated, revised, and
promulgated.
Sec. 8 . All persons who shall leave the country
for the purpose of evading a participation in the present struggle, or
shall refuse to participate in it, or shall give aid or assistance to
the present enemy, shall forfeit all rights of citizenship, and such
lands as they may hold in the republic.
Sec. 9 . All persons of
color who were slaves for life previous to their emigration to Texas,
and who are now held in bondage, shall remain in the like state of
servitude; provided, the said slave shall be the bona fide property of
the person so holding said slave as aforesaid. Congress shall pass no
laws to prohibit emigrants from bringing their slaves into the republic
with them, and holding them by the same tenure by which such slaves
were held in the United States; nor shall congress have power to
emancipate slaves; nor shall any slave holder be allowed to emancipate
his or her slave or slaves without the consent of congress, unless he
or she shall send his or her slave or slaves without the limits of the
republic. No free person of African descent, either in whole or in
part, shall be permitted to reside permanently in the republic, without
the consent of congress; and the importation or admission of Africans
or negroes into this republic, excepting from the United States of
America, is forever prohibited, and declared to be piracy.
Sec.
10 . All persons (Africans, the descendants of Africans, and Indians
excepted,) who were residing in Texas on the day of the declaration of
independence, shall be considered citizens of the republic, and
entitled to all the privileges of such. All citizens now living in
Texas, who have not received their portion of land, in like manner as
colonists, shall be entitled to their land in the following proportion
and manner: Every hear of a family shall be entitled to one league and
labor of land; and every single man of the age of seventeen and
upwards, shall be entitled to the third part of one league of land. All
citizens who may have previously to the adoption of this constitution,
received their league of land as heads of families, and their quarter
of a league of land as single persons, shall receive such additional
quantity as will make the quantity of land received by them equal to
one league and labor, and one third of a league, unless by bargain,
sale, or exchange, they have transferred or may henceforth transfer
their right to said land, or a portion thereof, to some other citizen
of the republic; and in such case, the person to whom such right shall
have been transferred shall be entitled to the same, as fully and amply
as the person. making the transfer might or could have been. No alien
shall hold land in Texas, except by titles emanating directly from the
government of this republic. But if any citizen of this republic should
die intestate or otherwise, his children or heirs shall inherit his
estate, and aliens shall have a reasonable time to take possession of
and dispose of the same, in a manner hereafter to be pointed out by
law. Orphan children whose parents were entitled to land under the
colonization laws of Mexico, and who now reside in the republic, shall
be entitled to all the rights of which their parents were possessed at
the time of their death. The citizens of the republic shall not be
compelled to reside on the land, but shall have their lines plainly
marked.
All orders of survey legally obtained by any citizen of
the republic, from any legally authorized commissioner, prior to the
act of the late consultation closing the land offices, shall be valid.
In all cases the actual settler and occupant of the soil shall be
entitled, in locating his land, to include his improvement, in
preference to all other claims not acquired previous to his settlement,
according to the law of the land and this constitution -- provided ,
that nothing herein contained shall prejudice the rights of any other
citizen from whom a settler may hold land by rent or lease.
And
whereas, the protection of the public domain from unjust and fraudulent
claims, and quieting the people in the enjoyment of their lands, is one
of the great duties of this convention; and whereas the legislature of
Coahuila and Texas having passed an act in the year 1834, in behalf of
general John T. Mason of New York, and another on the 14th day of
March, 1835, under which the enormous amount of eleven hundred leagues
of land has been claimed by sundry individuals, some of whom reside in
foreign countries, and are not citizens of the republic,--which said
acts are contrary to articles fourth, twelfth, and fifteenth of the
laws of 1824 of the general congress of Mexico, and one of said acts,
for that cause has, by said general congress of Mexico, been declared
null and void: It is hereby declared that the said act of 1834, in
favor of John T. Mason, and of the 14th of March. 1835, of the said
legislature of Coahuila and Texas, and each and every grant founded
thereon, is, and was from the beginning, null and void; and all surveys
made under pretence of authority derived from said acts, are hereby
declared to be null and void: and all eleven league claims, located
within twenty leagues of the boundary line between Texas and the United
States of America, which have been located contrary to the laws of
Mexico, are hereby declared to be null and void. And whereas many
surveys and titles to lands have been made whilst most of the people of
Texas were absent from home, serving in the campaign against Bexar, it
is hereby declared that all the surveys and locations of land made
since the act of the late consultation closing the land offices, and
all titles to land made since that time, are, and shall be null and
void.
And whereas the present unsettled state of the country and
the general welfare of the people demand that the operations of the
land office, and the whole land system shall be suspended until persons
serving in the army can have a fair and equal chance with those
remaining at home, to select and locate their lands, it is hereby
declared, that no survey or title which may hereafter be made shall be
valid, unless such survey or title shall be authorized by this
convention, or some future congress of the republic. And with a view to
the simplification of the land system. and the protection of the people
and the government from litigation and fraud, a general land office
shall be established, where all the land titles of the republic shall
be registered, and the whole territory of the republic shall be
sectionized, in a manner hereafter to be prescribed by law, which shall
enable the officers of the government or any citizen, to ascertain with
certainty the lands that are vacant, and those lands which may be
covered with valid titles.
Sec. 11 . Any amendment or amendments
to this constitution, may be proposed in the house of representatives
or senate, and if the same shall be agreed to by a majority of the
members elected to each of the two houses, such proposed amendment or
amendments shall be entered on the journals, with the yeas and nays
thereon, and referred to the congress then next to be chosen, and shall
be published for three months previous to the election; and if the
congress next chosen as aforesaid, shall pass said amendment or
amendments by a vote of two-thirds of all the members elected to each
house, then it shall be the duty of said congress to submit said
proposed amendment or amendments to the people, in such manner and at
such times as the congress shall prescribe; and if the people shall
approve and ratify such amendment or amendments by a majority of the
electors qualified to vote for members of congress voting thereon, such
amendment or amendments shall become a part of this constitution:
Provided, however, that no amendment or amendments be referred to the
people oftener than once in three years.
DECLARATION OF RIGHTS.
This
declaration of rights is declared to be a part of this constitution,
and shall never be violated on any pretence whatever. And in order to
guard against the transgression of the high powers which we have
delegated, we declare that every thing in this bill of rights
contained, and every other right not hereby delegated, is reserved to
the people.
First . All men, when they form a social compact,
have equal rights, and no men or set of men are entitled to exclusive
public privileges or emoluments from the community.
Second . 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 inalienable right to alter their government in
such manner as they might think proper.
Third . No preference
shall be given by law to any religious denomination or mode of worship
over another, but every person shall be permitted to worship God
according to the dictates of his own conscience.
Fourth . Every
citizen shall be at liberty to speak, write, or publish his opinions on
any subject, being responsible for the abuse of that privilege. No law
shall ever be passed to curtail the liberty of speech or of the press;
and in all prosecutions for libel, the truth may be given in evidence,
and the jury shall have the right to determine the law and the facts,
under the direction of the court.
Fifth . The people shall be
secure in their persons, houses, papers, and possessions, from all
unreasonable searches and seizures, and no warrant shall issue to
search any place or seize any person or thing, without describing the
place to be searched or the person or thing to be seized, without
probable cause, supported by oath or affirmation.
Sixth . In all
criminal prosecutions the accused shall have the right of being heard,
by himself, or counsel, or both; he shall have the right to demand the
nature and cause of the accusation, shall be confronted with the
witnesses against him, and have compulsory process for obtaining
witnesses in his favor. And in all prosecutions by presentment or
indictment, he shall have the right to a speedy and public trial, by an
impartial jury; he shall not be compelled to give evidence against
himself, or be deprived of life, liberty, or property, but by due
course of law. And no freeman shall be holden to answer for any
criminal charge, but on presentment or indictment by a grand jury,
except in the land and naval forces, or in the militia when in actual
service in time of war or public danger, or in cases of impeachment.
Seventh
. No citizen shall be deprived of privileges, outlawed, exiled, or in
any manner disfranchised, except by due course of the law of the land.
Eighth
. No title of nobility, hereditary privileges or honors, shall ever be
granted or conferred in this republic. No person holding any office of
profit or trust shall, without the consent of congress, receive from
any foreign state and present, office, or emolument of any kind.
Ninth
. No person, for the same offence, shall be twice put in jeopardy of
life or limbs. And the right of trial by jury shall remain inviolate.
Tenth
. All persons shall be bailable by sufficient security, unless for
capital crimes, when the proof is evident or presumption strong; and
the privilege of the writ of "habeas corpus" shall not be suspended,
except in case of rebellion or invasion the public safety may require
it.
Eleventh . Excessive bail shall not be required, nor
excessive fines imposed, or cruel or unusual punishments inflicted. All
courts shall be open, and every man for any injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of
law.
Twelfth No person shall be imprisoned for debt in consequence of inability to pay.
Thirteenth
. No person's particular services shall be demanded, nor property taken
or applied to public use, unless by the consent of himself or his
representative, without just compensation being made therefor according
to law.
Fourteenth . Every citizen shall have the right to bear
arms in defence of himself and the republic. The military shall at all
times and in all cases be subordinate to the civil power.
Fifteenth
. The sure and certain defence of a free people is a well regulated
militia; and it shall be the duty of the legislature to enact such laws
as may be necessary to the organizing of the militia of this republic.
Sixteenth
. Treason against this republic shall consist only in levying war
against it, or adhering to its enemies, giving them aid and support. No
retrospective or ex-post facto law, or laws impairing the obligation on
contracts, shall be made.
Seventeenth . Perpetuities or
monopolies are contrary to the genius of a free government, and shall
not be allowed; nor shall the law of primogeniture or entailments ever
be in force in this republic.
The foregoing constitution was
unanimously adopted be the delegates of Texas, in convention assembled,
at the town of Washington, on the seventeenth day of March, in the year
of our Lord one thousand eight hundred and thirty-six, and of the
Independence of the Republic, the first year.
In witness whereof, we have hereunto subscribed our names.
RICHARD ELLIS
President and Delegate from Red River
ALBERT H.S. KIMBLE, Secretary,
C. B. Stewart, Matthew Caldwell.
James Collinsworth, William Motley,
Edwin Waller, Lorenzo de Zavala,
A. Brigham, George W. Smyth,
John S. D. Byrom, Stephen H. Everett,
Francis Ruis, Elijah Stepp,
J. Antonio Navarro, Claiborne West,
William D. Lacy, John S. Roberts,
William Menufee, Robert Hamilton,
John Fisher, Collin McKinney,
A. H. Latimore, Thomas J. Gazley,
James Power. R. M. Coleman,
Sam. Houston, Sterling C. Robertson,
Edward Conrad, George C. Childress,
Martin Palmer, Baily Hardiman,
James Gaines, Robert Potter,
William Clark, jun., Charles Taylor,
Sydney O. Pennington, George W. Barnet,
Samuel P. Carson, Jesse Grimes,
Thomas J. Rusk, E. O. Legrand,
William C. Crawford, David Thomas,
John Turner, S. Rhoads Fisher,
Benjamin Briggs Goodrich, John W. Bower,
Jumes G. Swisher, J. B. Woods,
William B. Leates, Andrew Briscoe,
M. B.Menard, Thomas Barnett,
A. B. Hardin, Jesse B. Badgett,
John W. Bunton, Stephen W. Blount.
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