Texas National Register. (Washington, Tex.), Vol. 1, No. 43, Ed. 1, Thursday, October 2, 1845 Page: 4 of 8
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3L
310
TEXAS NATIONAL REGISTER.
October 2
Kxrwvwtwm
fl'JTJ. LNU.MPK ''
i
!
linn into this Slate of slave who h:ve com-
milted high crimes in other slatestir territories.
Thev shall have the risht to pass laws to per-
mit the ovncrs'of slaves to emancipate them
savin the rights of creditors and preventing
them from becoming a public charge Thev
Khali have full power to pass laws which will
oblige the owners of slaves to treat them with
humanity; to provide for them necessary
food and clothing ; to abstain from nil inju-
ries to them extending to life or limb ; and
in case at 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.
Thev may pass laws to prevent slaves from
bein brought into this State as merchandize
only.
Sec. 2. In the prosecution of slaves for
crimes of a higher grade than petit larceny
the Legislature shall have no power to de-
prive them of an impartial trial by a petit jury
Sec.. 3. Any person who shall malicious-
ly dismember or deprive a slave of life shall
suffer sucli 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 of such
slave.
ARTICLE NINTH.
IMAEACHMENT.
Section 1. The power of impeachment
shall be vested in the House of Representa-
tives. Sec. 2- Impeachment of the Governor
Lieutenant Governor Atto ncy- Gencneral
Secretary of Slate Treasurer Comptroller
aiul of the Judges of the District Courts shall
ba tried-by the Senate.
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 pre-
sent. Sec. 4. Judgment in cases of impeach-
ment shall extend only to removal from office
and disqualification from holding any office
of honor trust or profit under this stale; but
the parties convicted shall nevertheless be
subject to indictment trial and punishment
according to l;w.
Sec. 5. All officers against whom article.-
of impeachment may be preferred shall be
suspended from the exercise of the duties ol
their ofiiee during the pendency of such im-
peachment : the appointing power may make
a provisional appointment 10 uu me vacancy
occasioned by the suspension of an officer
until the decision on the impeachment.
Sec. G. The Legislature shall provide for
the trial punishment and removal from office
of all other officers of the state bv indictment
or otherwise.
AnTICI.E TENTH.
EDUCATION.
Section 1. A general diffusion of knowl-
edge being essential to the preservation of the
rights and liberties of ihe people it shall be
the duty of the Legislature of this state to
make suitable provision for titC support and
maintenance of public schools.
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 not
less than one tenth of the annual revenue of
the Stale derivable from taxation as a perpet-
ual fund which fund hhail 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 tune as the Le-
gislature shall provide for the establishment of
such schools in the several districts of the
stale the fund thus created shall remain as a
charge against the slate passed to the credit
of the free common school fund.
Sec. 3. Ail public lands which have been
heretofore or which may hereafter lie granted
for public school 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.
Sec. 4. The several counties in this state
whieh have not received their quantum of
lands for the purposes of education shall be
entitled to the same quantity heretofore appro-
priated by the Congress tf the Republic of
Texas to other counties.
ARTICLE ELEVENTH.
Section 1. All certificates for head-right
claims to lands issued to fictitious persons
or which were forged and all" locations and
surveys thereon arc and the same were null
and void from the beginning.
Sec. 2. The District Courts shall be
opened until the first ihiy of Jul v. one thous
and eight hundred and forty-seven for thej
establishment ol certiiicatrs ior head-rights
not recommended by the Commissioners ap-
pointed under the net to detect fraudulent land
certificates and to provide for issuing patents
to legal claimants; and the parlies suing
shall produce ihe 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 lie disturbed until the
certificates are established as above directed.
ARTICLE TWELFTH.
LAND OFFICE.
Section 1. There shall be one General
Land Office in the state which shall be at
the seal of Government where ail 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 ofiices as they may
deem requisite.
ARTICLE THIRTEENTH.
SCHEDULE.
Section 1. That no inconvenience may
arise from n change of separate National Go-
vernment to a Staie Government it is declar-
ed that all process which shall be issued in
the name of the 'Republic of Texas prior to
the organization of the State Government un-
der this Constitution shall he as valid as ii is-
sued in the name of the Stale of Texas.
Sec. 2. The validity of all bonds and re-
cognizances executed in conformity whh the
Constitution and liiws of the Republic of
Texas shall not be impaired by the change of
government but may be sued for ami recover-
ed in the name of ihe Governor of.the State
of Texas : and all criminal prosecutions or
penal actions which shall have arisen prior to
ihe organization of the State Government un-
der this Constitution in any of the Courts of
the Republic of Texas shall be prosecuted to
judgment and execution in the name of said
slate. All suits at law and equity which may
be depending in any of the courts of the Re-
public of Texas prior to ihe organization of
the Stale Govrnmeut under this Constitution
shall be transferred to the proper court of the
state which shall have jurisdiction of the sub-
ject matter thereof.
Sec. 3. All laws and parts of laws now in
force in the Republic of Texas which are
not repugnant to the Constitution of the Uui
ted States the joint resolutions for annexing
Texas to the United States or to the provi-J
sums ol this Constitution shall continue and
remain in force as the laws of this state until
they expire by their own limitation or shall
he altered or repealed by the Legislature there-
of. Sec. 4. All fines penalties forfeitures
and escheats which have accrued to tiie Re-
public of Texas under ti'e Constitution and
laws shall accrue to iho state of Texas; and
the Legislature shall by law provide a method
for determining what lands may have been
forfeited or escheated.
Sec. 5. Immediately after the adjourn-
ment ol' this Convention the President of the
Republic shall issue his proclamation direct-
ing the Chief Justices of the several counties
of this Republic and the several Chief Justi-
ces and their associates are hereby required
to cause polls lo be opened in their respective
counties at the established precincts on the
second Monday of October next for the pur-
pose of taking ihe sense of the people of Tex-
as in regard to the adoption or rejection of
this Constitution ; and the votes of all persons
entitled to vote under the existing laws or this
Constitution a shall be received. Each voter
shall express his opinion by declariug by a
''viva voce" vote for "the Constitution ac-
cepted" or "the Constitution rejected" or
some words clearly expressing the intention
of the voter; and at the same time the vote
shall betaken in like manner for and nguiiiel
annexation. The election shall be conducted
in conformity with the existing laws regulating
elections; and the Chief Justices of the seve-
ral counties sjnll 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 oth-
er deposiied in the Clerk' office of the County
Court.
Sec. fi. Upon the receipt of the said re-
turns 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 pre-
sent and of all persons who may choose to
attend to compare the votes given for the ra-
tification or rejection of this Constitution ;
and if it shall 'appear from the returns that n
majority of all the votes given is for the adop-
tion of the Constitution then it shall be the
duty of the President to make proclamation
of that fact and thenceforth this Constitution
Uhall be ordained and established as the Con-
siitiitkn of the State to go into operation and
be of force and efiect from and after the or-
ganization of the stale Government under this
Constitution; and the President of thi Re- Iilv f. 7ujustm the yoar of our Lord one thousand
public is authorized and required to transmit 'jrot hund.-cd and f..riy-u"ve.
to the President of the United Suites dupli- l""0" vilwtv wo hi"e hereu"l subscribed
cate copies of this Constitution properly nil- j ""' """US' TH0. J. RUSK President
llieiilicntvd together wish certified statement? John D. Anderson Oliver Jones
ol We number ot votes given lor the ralihca- James Armstrong
tion thereof and ihe uumberior rejection one
of which copies shall be transmitted by mail
and one copy by n special messenger in suf-
ficient lime to reach the seat of Government
of the United States early in December next.
Sec. 7. Should this Constitution be ac-
cepted by the'peopleor Texas it shall he the
duty of the President on or before the sec-
ond Monday in November next to issue his
proclamation directing and requiring elec-
tions to be holden in all ihe 'counties of this
Republicon the third Monthly in December
next for the office of Governor Lieutenant
Governor and members of i lie Senate and
House of Representatives of the State Legis-
lature in accordance with the apportionment
of representation directed by ibis Constitu-
tion. The returns for members of the Legis-
lature of this State shall be made to the De-
partment of State of this Republic; and those
for Governor and Lieutenant Governor shall
be addressed to the Speaker of Ihe House of
Representatives endorsed " Election Returns
of count 7 for Governor" and direc
ted to the Department of State ; and should
from any cause whatever ihe Chief Justice of
counties fail to cause to be bidden any of the
polls of elections provnbd by this Cnustitu-
tiru at the times and places herein directed
the people of the precinct where such failure
exists are hereby authorized to choose man-
agers Judges and other officers to conduct
stiid elections.
Sec. 8. Immediately on the President ol
this Republic receiving official information ot
the acceptance of (his Constitution by the
Congress of the United States be shall issue
hts proclamation convening at an early day
ihe Legislature of the State of Texas at the
sent 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 ihe Legislature open the
returns of thw elections for Governor and Lieu-
tenant 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 practica-
ble to elect senators to represent this Stale in
the senate of the United States ; and also
provide for the election of Representatives to
the Congress of the United States. The Le-
gislature shall also adopt such measures as
maybe required to cede to the United States
at the proper time all public edifices fortifi-
cations barracks ports harbors navy a-d
navy yards docks magazines arms and ar
maments and all other property and means
pertaining to the public defence now belong-
ing 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 du-
ties and other foreign revenues.
Sec 9. It shall be ihe duty of the President of
Texas immediately after the inauguration of tho
Governor lo deliver to him ail the records public
money document. archive? and public property of
every description whatsoever under the control of
ihe executive branch of. the government ; and the
Governor shall dispose of the same in such manner
as tho Legislature may direct.
.Sec. 10. That no inconvenience may result from
the change of government it in declared that the laws
of this Republic relative to the duties of officers
both civil and military of ihe 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 ihe government of the state
under this Constitution or until the first dny of the
meeting of the Legislature; thai then the oilices of
President Vice President of the President's Cabinet
Foreign Ministers Charges and agents and others
repugnant lo this constitution shall be superseded by
the smite ; and Dial all others shall be holden and ex-
ercised until I hey expire by their own limitation or
be superceded by the authority of this constitution or
laws made in pursuance thereof.
Sec. II. In cae cf any disability on the part of
the President of tho Republic of Texas to act as here-
in required it shall bo the duty of the Secretary of
State of the Republic of Texas and in case of disabili-
ty on the part of the Secretary of State then it shall
he ihe duly of the Attorney General of the ftepublic
of Texas to perform the duties assigned lo tho President.
Cavilt Arutroug
It. E. D. Baylor
II. Bache
Ii. L. Kinney
Albert II. Latimer
II. iJ. Latimer
J (dm M. Lewis
Isaac W. Brashear James Love
do. Win. Brown I. (.). Lumpkin
James M. Burroughs Sam. Lusk
B. C. B.igby - A. S. Lipscomb
John Caldwell James S. May field
William L. Cazneau Alexander McGowan
Edward Clark A. McNeill
A. S. Cunningham J. B. Miller
Fran: is Moore Jr.
J. Auonio Navarro
Philip M. Cuney
N. il. Darnell
James Davi.-
Lemuel D. Evans
G. A. Evens
R. ?5. Forbes
D. Cage
John Hemphill
J. P'. Hfiidcrsnn
A. W.O. Hicks
Jose uh L. ilogr
A. C. Hortou
V. E. Howard
S. Holland
W. B Ochiltree
Ir-aao Parker
James Power
Emery Rains
H. G. Runnels
James Scott
George W. Smyth
Israel Standefer
Charles B. Stewart
E. H. Tarrant
Isaac Van Zundt
Francis M. White
Sec. 12. The firs general ejection for Governor
Lieutenant Governor ahd incmbcrsof the Legislature
after the organization of the government shall lake
place on tho first Monday in November one thousand
eight hundred and forty-seven and shall be held bien-
nially thereafter on the first Monday in November
until otherwise provided by Ihe Legislature; and the
Governor and Lieutenant Governor elected in De-
cember ri"Xt shall hold their offices until the installs
lion in office of the Governor and Lieutenant Govern
or to be elected in tho year one thousand eight hun-
dred and forty-seven
Sec. 13. The ordinance passed hy the Convention
on the fourth day of July assenting to tho overtures
for the annexation of Texas to the United State? shall
bo attached to this Conttitution and form a part of
the same.
Done in convention by the Deputiesrof the people
cf Texas at the city of Austin this twenty-seventh
William L. Hunter George T. Wood
Van R. Irion George W. Wright
Henry J. Jewett Wm. Cocke Young.
Attest:
Jamcs II. Raymond
Secretary of the Convention.
AN ORDINANCE.
WHEREAS various contracts have been entered
into by the President of the Republic of Texas with
divers individuals with the expressed intention ot
colonizing an enormous amount of the public do-
main of Texas; and
U hekeas it is believed that said contracts arc uncon-
stitutional and therefore void from the beginning
and if caried out would perate as a monopoly of
upwards of seven millions of acres of the public do-
main of Texas in ihe hands of a few individuals
when in truth the citizens soldiers arid creditors of
the Republic of Texas had by the laws and consti-
tution of said Republic a clear and indisputable pre-
viously subsisting right to locate upon the public
domain thus attempted to be assigned te said con-
tractors; Section 1. Therefore il is hereby ordained and Ic-
eland That it shall bo the duty of the .4ltoniey-Gen-erjl
of tins Slate or the District Attorney of the Dis-
trict in.which any portion of the colonies may be situ-
ate as soon as the organization of the State shall bo
completed to institute legal proceedings against all
colony contractors who have entered into contracts
with the President of Texas; and if upon such investi-
gation it -hull bo found that any such contract was
unconstitutional illegal or frauduleutor that the can
dititions of the same have not been complied with ac-
cording to its terms such contract shall be adjudged
and decreed null and void: Provided however that all
actual settlers under any such contract shall be entitled
lo their quantity of land us colonists not to exceed
ix hundred and forty acres to. the head of a family-
and three hundred and twenty acres to a single man.
And in all suits brought by or against any contractor
or any person claiming under by or through them;or
either of them it shall be lawful for toe adverse claim
ant to set forth any plea that it would have been com.
pelent for the Stale lo plpad; an'd the party may intro-
duce testimony to prove the claim or title to have been
forfeited as well forfraudsorilIealityorunconstitu-
tionalily as on account of a failure to comply with the
conditions of the ordinal grant or contract; and any
such pleas shall be deemed good and valid in law in
all such suit or suits in this State.
Section 2. Be il further ordained That tho Leg-
islature is hereby restrained from extending any con-
tract for settling a colony and from relieving any con-
tractor from the failure of the conditions or the forfei-
ture accruing from non-compliance with the contract.
Section 3. Jlnd be it further ordained That this
ordinance shall be presented to the people for their a
doption or rejection at ihe same time that this consti
tution shall b'c presented to them and the returns of
the voles taken on this Ordinance shall be made to tho
office of tho Secretary of Slate of the Republic of
Texas at ihe same time tho votes for the Constitution
ma' bo returned.
Adopted in Convention this 27th day of August
one thousand eight hundred and fnrtv-tive.
THO. J. RUSK President.
Attest :
Jas. H. Ratmosd Secretary of Convenlion.
AN ORDINANCE.
Whpreas the Congress ofthe United States
of America has passed resolutions pro-
viding for the annexation of Texas to
that Union which-resolutions were ap-
proved by the President of the United
States on the first day of March one
thousand eight hundred and forty-five;
and whereas the President of the United
States has submitted to Texas the first
and second sections of the said resolution -as
the basis upon which Texas may be
admitted as one of Ihe States ofthe said
Union ; and whereas the existing go-
vernment of the Republic of Texas has
assented to the proposals thus made the
terms and conditions of which are as
follows:
" Resolved by the Senate and House of
Representatives of ihe United. States of
America in Congress assembled. That
Conoress" doth consent that the territory
nroDcrlv included' within and' rightfully
ielono-ing to the Republic-of Texas may
o
'j&fTJ
';
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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/m1/4/?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.