Texas National Register. (Washington, Tex.), Vol. 1, No. 43, Ed. 1, Thursday, October 2, 1845 Page: 1 of 8
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VOL. I.
WASHINGTON TEXAS THURSDAY. OCTOBER 2 1815
NO. 43
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. TEXAS NATIONAL REGISTER
. i PUBLISHED OX TliUUSDAYS
gUY MILLERS CUSI1NEY
rUBLIC PRINTERS.
TERMS.
'Subscription. Five iloilait- per annum ; three dol-
lrs for tix aicnths and two doilHis for thicc months.
Advertising. Fjij each square ol 100 words ortin-
. der tirst insertion one dollar. For each subsequent
insertion fifty cents.
A deduction of fifty per cent will he made upon
yearly advertisements with the privilege of renewing
the SHtne quartet ly.
Attiiounccmer.Mifjandidatcs for oilioc len dollars
1'ostm.ibids r;it:iiirf and Cliks of Courjs are
specially auihoiizcd to jtiocure suh.-criptions atd kd"
vertiscmiMits. and culled and rounl lite money thciefor.
All allowance of ten per cent upon ail suni6 lte-
tween twenty-five and fifty dollars and of IwenU
percent upon all suuis over "fifty dollats will he
made.
VPf
By the President of the Republic of Texas
A PROCLAMATION. '
WHEREAS the Convention of Dejmlus assembled
at the City of .ubtm on the fourth day ol July
ultimo in accordance with the piovisions ol Joint
Resolution adopted by the Congress of tiie United
States refuting to the Government and people
of Texas an overture for annexation and in ac-
coi dance with the xecutive I'lochuuation iued
on the fifth of Ma' last did on the twenty-Bevc-nth
day of Auput instant adopt the subjoined Con&li-
utilulioii runfonH&uiy to ilio terms mid require-
meats of the Joint ile.oh:lion aforesaid for the
organization and Government of the Stalo of Texas:
and
Whereas the Convention did on the 27lh instant
adopt an Otdinaucein relation to Colonization Con-
tracts which is also subjoined
Now therefore be it known that I Arson Jones
President of the Republic of Texas in accordance
with the provisions of the fifth section of the thir-
teenth aiticie of the Constitution aforesaid do require
and direct the Chief Justices or in their absence the
Associate Justices of the sevcial counties of toe Iie
' public to cause polls to be opened at the established
precincts in their respective counties on the second
Monday (the I3lh day) of October next for the
purpose of taking the sense of the people of Texas
in regard to the adoption or rejection of the said
Constitution; also for the purpose of taking the ex.
pres6:on of their opinions romir against Annexation :
the election to he conducted the votes taken and re-
turns made in conformity with the existing laws re-
gulating elections and the rules presrribed in the
fifth section aforesdid : the voles of the electors will
also then and there betaken on the adoption or i ejec-
tion of the aforesaid Oidinance and returns thereof
made in conformity with the third section of the
same.
. 6ec 4. Ail mun have a natural and indo-
feasible right to worship God according to the
dictates of their own consciences; no man
shall be compelled to .ajleud erect or support
any place of worshipiiur; to maintain any
ministry against his consent ; no human au-
thority ought in Hiiy case whatever to control
or interfere with the rights of conscience in
matters of religion and no preference shall
ever be -j;iveu by law to any religious societies
or modes of worship. But it shall be the dtuv
of the Legislature to pass such laws as shall M excepted our of the general powers of Go
be ueeessary to protect every religious deuomi- jcri.meut and shail forever remain inviolate ;
in a peaceable manner to assemble together
for their common good and to apply to those
invested with the powers of government for
redress of grievances or oilier purposes by
petition address or remonstrance.
Sr.c. "JO. No power of suspending laws
in this Statu shall be exercised except by the
jLegialalure or its authority.
bec l. To guard against transgressions
of the high powers herein delegated v.'e dsj-
lilaro that everything in ibis "J3ill of Rights"
rtaliou :u the peaeiwtiiJu- enioymenL ol their lJli'Hil laws coutrarv thereto or ta-tbe iollow
own mode of public worship
!sec. 5. Every citizen shall be at liberty to
ppoik write or publish bis opinions on any
subject being responsible lor the abuse ol that
privilege; and no law shall ever be passed
curtailing the liberty of speech or of the Press.
Skc. G. !:i prosecutions for the publica-
tion of papers investigating the official conduct
ui oiilerrs or men in a public capacity or
where tiie matter published is proper for pub-
lic information the truth thcrcf may be given
in evidence. And in till indictments for libels
the jury im!i have a right to determine the
law and the facts under the direction of the
court as in other cases.
skc. .
Tin
ha!l be secure in
iceple
their persons Iioum s papers and possessions
from ail uuivasuriablu seizures or searches
and lie win tint to search any place or to
seize i.wy person or thing shall issue without
drseiibiiig them as near as may be; nor with-
out probable cause supported by oath or affir-
mation. St:;. S. In all 'criminal prosecutions the
accused shaii have a speedy public trial by
tin impasttai jury ; he shall not bccompeilcd
to give evidence against himself; he shall
have the right yl" being he.-tid by himself or
counsel or both ; shall be confronted with the
witnesses against him and simil have compul-
sory process for obtaining wiirses in his fa-
vor; and no person shall be holdeu to answer
for any criminal charge but on indictment or
information except in cases arising in "the
j laud or naval forces or offences against the
laws regulating the militia.
Sr.c. i). All prisoners shall be bailable by
sufficient sureties unless for capital offences
In testimony whereof I have caused the Great Seal
of the Kcpubnctolte hereunto affixed.
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A'VsiW DniiP Jt lln CilV of Austin lliia
... .-j - ...... ...?
v5Sj?'tC ye-r of our Lord ono thousand eiglil
hundred and forty-five and of the in-
'fun-
dependence of the Republic the tenth.
ANSON JONES.
By the President
Eben'h. Allen
Secretary of State.
CONSTITUTION
Cfthe State of Texas adopted in Convention
at the city of Austin 1845.
We the people of the Republic of Texas ac-
knowledging with gratitude the grace and
beneficence of God' in permitting us to
make a choice of our form of Govennnent
do in accordance with the provisions of tile
Joint Resolution for annexing Texas to the
United .States approved March first one
thousand eight hundred and forty-five or-
duiu and establish tiiis Constitution.
ARTICLE FIRST.
BILL OF RIGHTS.
Thatlhe general great and essential princi-
ples of Liberty and Free Government may
be recognized and established we declare
that
Section' 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
thej may think expedient.
Sec. 2. All freemen when they form a
social compact have equal rights ; and no
mau or set of men is entitled to exclusive
separate public emoluments or privileges but
in consideration of public services.
Sec. 3. No religious test shall ever be re-
quired as a qualification to any office-orpublic
trust in this state.
when the proof is evident or the presumption
great; but this provision shall not be so con-
strued as to prohibit bail after indictment
found upon an examination of the evidence
by a Judge of the Supreme or Disuict Court
upon the return of the writ of habeas corpus
returnable in the county where the offence is
committed.
Sec. 10. The privilege of the writ of ha-
beas corpus shail not be suspended except
when in case of rebellion or invasion the
public safety may require it.
Sec. 11. Excessive bail shall not be. re
quired nor excessive fines imposed nor cruel
or unusual punishment inflicted. All courts
shall be open ; and every person for au inju-
ry done him in his lands goods person or
reputation shall have remedy by due course
of law.
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 in
violate.
Sec. 13. Every citizen shall have the right
to keep and bear arms in the lawful defence
of himself and the State.
Sec. 14. No bill of attainder ex post facto
law. retroactive law or any law impairing the
obligations of contracts shall be made; and
no person's property ill.. 11 be takenor applied
to public use without adequate compensation
being made unless by the consent of such
person. .
Seov 15. No person shall ever be impri-
soned for debt.
Sec 16. No citizen of this state shall be
deprived of life liberty property or privileges
outlawed exiled or in any manner disfran-
chised except by due course of the law of the
land.
Sec 17. The military shall at all times
be subordiuute to the civil authority.
Sec IS. Perpetuities and monopolies arc
contrary to the genius of a Free Government
and shall never be allowed ; nor shall the law
of primogeniture or entailments ever he in
force in this State.
Sec. 19. The citizens shall have the right
iug Provisions .-hall be vofd.'
ARTICLE SECOND.
Section 1. The powers of the Govern-
ment of the State of Texas shall 'be divided
into three distinct departments and each of
them be confided to a separate body of magis-
tracy to wit: those which are Legislative to
one; those which are Exoci.tive to another;
and those which are Judicial to another; and
no person or collection of persons being of
one of those departments shall exeiciseany
power properly attached to either of toe others
except in the instances herein expressly per-
mitted. article third.
LEGISLATIVE DEPARTMENT.
Sectun 1. Every free male person who
shall have attained the age of twenty-one
years ami 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 tiie Republic ol
Texas and shail have resided in this State
one year next preceding tin election and the
last six mouths within the district county city
or town in which he offers to vote (Indians
not taxyj Africans and descendants rf Afri-
cans excepted) shall be deemed a qualified
elector; and should such qualified elector
happen to be in any other county situated in
liie district in .which be resides at the time of
a u election he sdial! be permitted to vote for
any district officer any where in the State ;
provided hat the qualified electors shall
be permitted to vote any where in the
state lor state officers; and provided fur-
t ti .- "
tlier tnat 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.
Sec. 2. All free male persons over the age
of twenty-one years (Indians not taxed Afri-
cans and descendants of Africans excepted)
who shall have resided six mouths in lexas
immediately preceding the acceptance of this
Constitution by the Congress of the United
States shall be deemed qualified electors.
Sec. 3. Electors in all cases shall be
privileged from arrest during tiieir attendance
at elections and in yoiug to and returning
from the same except in cases of treason
felony or breach of the peace.
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 to-
gether the "Legislature of the State of Texas."
The style of aJI laws shall be "Be it enacted
by the Legislature of the State of Texas."
Sec. 5. The members of the House of
Representatives shall be chosen by the quali
fied electors and their term ol ofnee shall" be
two years from the day of the-general election;
and the sessions of the Legislature shail be
biennial at such times as shall be prescribed
by law.
Sec. (i. No person shall be a representa
tive unless he be a citizen of the United States
or at the the time of the adoption of this Con-
stitution 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.
Sac. 7. All elections by the people shall
ue held at sucn time ana pmces in ttie seve-
ral counties cities or towns as are now or
may hereafter be designated by law.
Sec. S. The Senators shail 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 he. The seats of Sena-
tors of the tirat class shall be vacated at the
expiration of the first two years;. and of thei
second class at the expiration of four years :
so that one half thereof shall be chosen bieni-
ally thereafter.
Sec 9. Such mode of classifying 'new-
additional Senators shall be observed as will
as nearly a possible preserve an equality of
number in each class.
Sec. 10. When a Senatorir.l district shall
be composed of two or more counties it shall
not be separated by any county beIonin" to
another district. .
Sec II. No person shall be a Senator
unless he be a citizen of the United States or
at the time of the acceptance of this Consti-.
tiiticm-by the CfiugrtiS8;otnUflilearSttttJsa
citizen of the Republic of Texas; and shall
have been an inhabitant of this Stale three
years next preceding the elction ; and the
hist year thereof a resident of the district for
which he shall be chosen and have attained
the age of thirty years-
Sec. 12. The I Louse of Representatives
when assembled shall choose a Speaker and
its oilier omcers and the Senate shall ohoose
a President for the time being and its other
officers. Each House shall judge of the qua-
lifications tiud elections of its own members
but contested elections shdl 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
tiie attendance of absent members in such
manner ami under such penalties as each
House may provide.
Sec lo. Each House may determine the
rules of its own proceedings punish mem-
bers for disorderly conduct and with the con-
sent of tyo-thirds expel a member but not a
second time li.-r the same offence.
Sec 14. Each House shall keepajour-
nal of its own proceedings and publish the
same ; and tiie yeas and nays of.the members
of either House on any question shall at the
desire of any three members present be en-
tered on the Journals.
See. 15. hen vacancies happen in ei-
ther House the Governor or the iicrsou ex- "
erasing the power of the Governor shall is-
sue writs of election to fill such vacancy.
Sec. 1() Senators and Representatives
shall in all eases 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 allow-
ing one day for every twenty miles such mem-
ber may reside from the place at which the
Legislature is convened.
Sec 17. Each House may punish by im-
prisonment during the session any person
not a member for disrespectful or disorderly
conduct in iis presence ; or for obstructing
any of its proceedings: provided such in
prisonnicnt shall not at pay one lime exceed
forty-eight hours.
Sec 18. The doors of each House shall
be kept open.
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 con-
currence of both Houses.
Sec. 29. Rills 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 "rent emer
gency four-fifths of the House in which th&
bill shall be pending may deem it expedient
to dispense with this rule ; and every bill hav-
ing passed both Houses shall be signed by
the Speaker and President of their respec
tive Houses.
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.
Sec- 22. After a bill or resolution has-
been rejected by either branch of the Legis-
lature no bill or resolution containing die-
same substance shall be passed into a law
uring the same session.
Sec 23.
Each member of the Legislature-
shall receive from tho public Treasury :u
compensation for his services which may be-
increuscd or diminished by law ; but no in-
crease of compensation shall take effect du-
ring the session at yhi&h such; mcretise ihali:
shail bo inadev
Sec 24. No Sennlnfor ftepnfoiwV
shall during- the term forjthi-U he may ty
a- m I
!
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Texas National Register. (Washington, Tex.), Vol. 1, No. 43, Ed. 1, Thursday, October 2, 1845, newspaper, October 2, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80137/m1/1/?q=negro: accessed June 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.