USA > Texas > The bench and bar of Texas > Part 42
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W. S. HERNDON.
and this firm has been one of the most successful in the State.
In 1871 the political prospects of Texas were gloomy. Nearly every native Texan had been removed from office by the military authority as being " an obstructionist " and the Democrats scarcely held an office in the State. In the First Congressional District the Republicans had a large majority and scouted the possibility of defeat, but a Dem- ocratic convention held at Rusk, in Cherokee County, unani- mously nominated Mr. Herndon as candidate for Congress. His energy and determination were the only omens of suc- cess ; besides he possessed ample means to meet the demands of the canvass, and he accepted the hazardous honor and boldly entered the apparently hopeless contest. He im- mediately threw down the gauntlet to his opponent, met him on the hustings in a hundred places in the district and discussed with him before the people the issue of the cam- paign. Every Democrat gathered in his ranks, converts flocked to his standard and it was soon apparent that his strength was growing with hopeful progress. He aroused every effort of his party. He was thoroughly familiar with the Republican party -its. history, its rise and its purposes, and he exposed its false principles and hollow pretensions to the view of reason and common sense, and at the close of the canvass his success was assured. He was elected by a majority of more than four thousand votes and permanently planted once more the Democratic standard in his district. He was re-elected to the Forty- third Congress by more than five thousand majority over his Republican competitor.
The sagacity and energy which gained him success at the bar rendered him an able and useful member of the National Congress, and he was particularly noted for his efficient services in the committees of which he was a mem- ber. He was an excellent parliamentarian and was familiar with the ethics and tactics required to advance the meas- ures he favored and retard those which he opposed.
On his retirement from Congress in 1875, he returned to vigorous practice of his profession, and since that time
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BENCH AND BAR OF TEXAS.
his success at the bar has continued to increase and he has acquired a large fortune as well as professional distinction. His capacity for labor, his fine business qualities and superb management of difficult cases, have gained him a wide popu- larity and invited an extensive patronage, and his practice, especially in land cases, embraces many counties of the State.
He was chosen a member of the State Convention held at Galveston in 1876, in which he took a prominent part, and was sent as a delegate to the National Convention at St. Louis, which nominated Mr. Tilden for the Presidency. He was made one of the vice-presidents of that conven- tion, and was selected to second the nomination of the candidates in an appropriate speech, and performed this duty in a manner which elicited commendation and applause.
In 1878 he was a member of the Democratic State Con- vention, which met at Austin, and labored ably and zealously in the interest of Governor Hubbard in opposition to the wing of the Democratic party lead by Governor Throck- morton. Since that time he has declined all opportunities for political preferment, and has devoted himself exclu- sively to his profession.
Mr. Herndon is a thorough lawyer and a man of fine talents. The natural thirst and inquisitiveness of his mind has led him to search not only the depths of legal science, but the treasures of varied branches of knowledge, and his general culture has kept pace with his professional skill.
His early success was faithfully abetted by the co-opera- tion of an accomplished companion. He was married during the first year of his practice to Miss Maria Louisa Mckellar, of Henderson County, a lady whose qualities were peculiarly fitted to promote the sentiments of high resolve and encourage noble exertion. He is a man of active public spirit and enterprise, and is a warm and lib- eral supporter of every object calculated to promote the interest of society, and especially the welfare of the com- munity in which he resides.
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CHAPTER IX.
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LEGISLATIVE DATA.
THE CONSTITUTION OF COAHUILA AND TEXAS - THE TEXAN DECLARA- TION OF INDEPENDENCE - CONSTITUTION OF THE TEXAN REPUBLIC - ARTICLES OF ANNEXATION.
The Constitution of the State of Coahuila and Texas, adopted at Saltillo on the 11th of March, 1827.
The Governor of the free State of Coahuila and Texas to all its inhabitants - Know, that the Constituent Congress of the same State has decreed and sanctioned the following political Constitution of the free State of Coahuila and Texas.
PRELIMINARY REGULATIONS.
ARTICLE 1. The State of Coahuila and Texas consists in the union of all the Coahuiltejanos.
2. It is free and independant of the other United Mexi- can States, and of every other foreign power and dominion.
3. The sovereignty of the State resides originally and essentially in the general mass of the individuals who com- pose it; but these do not of themselves execute any other acts of sovereignty than those designated in this Constitu- tion, and in the form which it prescribes.
4. In all matters relating to the Mexican Federation, the State delegates its faculties and powers to the General Con- gress of the same, but in all that relates to the administra- tion and entire government of the State, it retains its liberty, independence and sovereignty.
5. Therefore, belongs exclusively to the. same State the right to establish by means of its representation its funda- mental laws, comformably to the basis sanctioned in the constitutive act and general Constitution.
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BENCH AND BAR OF TEXAS.
6. The Territory of the State is the same which compre- hends the Provinces heretofore known by the name of Coahuila and Texas. A constitutional law shall fix their limits with respect to the other ajoining States of the Mexi- can Federation.
7. The territory of the State is divided for the present, for its better administration, into three departments, which shall be - Bexar, which district embraces the whole of the territory which corresponds to that called the Province of Texas, which alone is a district; Monclova, which compre- hends the district of this name and that of the Rio Grande; Saltillo, which embraces the district of this name and that of Parras.
8. Congress hereafter shall have power to alter, vary and modify this division of the territory of the State, in the manner it may deem most conducive to the felicity of the people.
9. The Apostolic Roman Catholic religion is that of the State ; this it protects by wise and just laws, and prohibits the exercise of any other.
10. The State shall regulate and defray the expenses which may be necessary for the preservation of worship, in conformity with the regulation of the concordats which the nation shall celebrate with the Holy See, and by these it shall dictate relative to the exercise of patronage in the whole Federation.
11. Every man who inhabits the territory of the State, although he be in transit, shall enjoy the imprescriptible rights of liberty, security, property and equality ; and it is the duty of the same State to conserve, and protect by laws, wise and equitable, those general rights of mankind.
12. It is also an obligation on the State, to protect all its ยท inhabitants in the right which they have to write, print and publish freely their thoughts and political opinions, without the necessity of examination, revision, or censure, anterior to the publication, under the restrictions and responsibilities established, or which hereafter may be established, by general laws on the subject.
13. In this State no person shall be born a slave, after
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LEGISLATIVE DATA.
this Constitution is published in the capital of each district, and six months thereafter, neither will the introduction of slaves be permitted under any pretext.
14. It is the duty of every man who inhabits the State to obey its laws, respect its constituted authorities, and contribute to the support of the same State, in the mode which it asks.
15. To the State belongs every species of vacant goods in its territories, and those of its intestate inhabitants who have no legitimate successor in the manner laid down by the laws. :
16. The State is composed only of two classes of per- sons, to wit : inhabitants of Coahuila and Texas (Coahuil- tejanos ), and citizens of Coahuila and Texas.
17. Those are inhabitants of Coahuila and Texas (Coa- huiltejanos ) : First. All men born and domesticated in the territory of the State and their descendants. Secondly. Those born in any other part of the territory of the Feder- ation, or those who fix their domicil in this State. Thirdly. Those foreigners who are legitimately established in this State, be they of what nation they may. Fourthly. Those foreigners who obtain from Congress letters of naturaliza- tion, or have a domicil in the State, obtained according to the law which shall be passed as soon as the Congress of the Union fixes the general rule of naturalization, which it ought to establish conformably to the twenty-sixth clause of the faculties which the Federal Constitution designates.
18. Those are citizens of Coahuila and Texas (Coahuilte- janos ) : First. All men born in the State and who are domi- ciled in any part of its territory. Secondly. All citizens of the other States and Territories of the Federation as soon as they become domiciliated in the State. Thirdly. All the children of Mexican citizens who have been born out of the territory of the Federation and who fix their domicil in the State. Fourthly. The foreigners who are actually and legally domiciliated in the State whatever may have been the country of their nativity. Fifthly. Foreigners who en- joy the rights of inhabitants of Coahuila and Texas, have
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BENCH AND BAR OF TEXAS.
obtained from Congress special letters of citizenship - the laws will prescribe the merits and circumstances requisite for the concession of such.
19. Those born in the territory of the Federation, and those foreigners resident in it (with the exception of their children ), who, at the time of the proclamation of the pol- itical emancipation of the nation, were unfaithful to the cause of independence, and emigrated to a foreign country, or that dependent on the Spanish government, are neither entitled to the rights of domiciliation nor citizenship in said State.
20. The rights of citizenship are lost: First. By acquir- ing naturalization in a foreign country. Secondly. By acquiring a station of profit or honor under a foreign gov- ernment without permission of Congress. Thirdly. By sentence legally obtained, which imposes personal or infa- mous punishments. Fourthly. By selling his vote, or buying that of another, for himself or for a third person, whether in popular assemblies, either as Presidents, Tellers or Secre- taries, or in the exercise of any other public functions. Fifthly. For having resided five consecutive years out of the limits of the territory of the Federation, without commis- sion of the general government, or particular one of the State, or without its leave.
. 21. He that has lost the rights of citizenship can not regain them without the express act of restoration by Con- gress.
22. The exercise of the same rights are suspended : First. For physical or moral incapacity, previously ascer- tained by judicial decision. Secondly. For not being twen- ty-one years complete, except those who are married, who can enter upon the exercise of these rights from the time they contract matrimony, of whatever age they may be. Thirdly. For being a debtor to the public funds, the time of payment elapsed, legal requisition therefor made and not complied with. Fourthly. For having been prosecuted criminally, unless the defendant is absolved of the matter. or condemned to punishment not painful or infamous. Fifthly. For not having an employment, trade, or any known
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LEGISLATIVE DATA.
method of obtaining a livelihood. Sixthly. For not know- ing how to read and write; but this shall not take effect until the year 1830, with regard to those who hereafter en- ter into the rights of citizenship.
23. The rights of citizenship can only be destroyed or suspended for the causes stated in articles 20 and 22.
24. None but citizens who are in the exercise of their - rights can vote for popular employments in the State, in those instances stated in the law; and these only can obtain the said employments, or any others in the same State.
25. Professional employments form an exception to the second part of the anterior article, which employments can also be conferred on foreigners.
FORM OF THE STATE GOVERNMENT.
26. The object of the State government is the happiness of the individuals who compose it, for the end of all polit- ical society is no other than the welfare of the associated.
27. The officers of the government, invested with what- ever kind of authority, are no more than mere agents or commissioners of the State, responsible to it for their public conduct.
28. The government of the State is popular representative federal; in consequence it shall not have in it any hereditary office or privilege.
29. The supreme power of the State is divided for its exercise into legislative, executive and judicial, and never can these three powers, nor two of them, be united in one corporation or power, nor the legislative power deposited in one individual.
30. The exercise of the legislative power shall reside in a Congress composed of deputies popularly elected.
31. The exercise of the executive power shall reside in a citizen, who shall be denominated Governor of the State, and who shall also be chosen popularly.
32. The exercise of the judicial power shall reside in the tribunals and courts which this Constitution establishes.
comoliving so Golfi
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BENCH AND BAR OF TEXAS.
TITLE I.
THE LEGISLATIVE POWER OF THE STATE.
SECTION I. - OF THE DEPUTIES OF CONGRESS.
33. The Congress consists of the deputies which repre- sent the State, chosen conformably to this Constitution ; its number shall be that of twelve members proprietary and six supernumerary members, until the year 1832.
34. The Congress in that year, and in the last of every ten years which follow, shall have power to augment the number of deputies, under the standard of one for every seven thousand souls.
35. The election of proprietary deputies and supernu- meraries shall be held in all and every one of the districts of the State. A law shall fix the number of deputies of one and the other class which each district ought to appoint.
36. To be a deputy, proprietary, or supernumerary, it is required to have, at the time of the election, the following qualities : First. To be a citizen in the exercise of his rights. Secondly. To be of the full age of twenty-five years. Thirdly. To be an inhabitant of the State, with residence in it for two years immediately before the election. To natives of the State it is sufficient to possess the two first requisities.
37. It is necessary for those not born in the territory of the Federation, in order to be deputies, proprietary or supernumerary, to have had eight years' residence in it and to be worth eight thousand dollars in property, or to have an income of some business of one thousand dollars an- nually, and the qualifications provided in the foregoing article.
38. There are excepted from the foregoing those born in any other part of the territory of America, which in the year 1810 depended on Spain, and which may not have united itself to any other nation, or remained in dependence on Spain; to those it is sufficient that they have been three years, complete, in the Mexican Republic, and possess the requisites prescribed in article 36.
:
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LEGISLATIVE DATA.
39. Those can not be deputies, proprietary or supernumer- ary: First. The Governor or Vice-Governor of the State; the members of the council of government ; the officers of the Federation; the civil functionaries of the State govern- ment ; the ecclesiastics who exercise any species of juris- diction or authority in some part of the district where the election may be held; foreigners, at the time when war" may exist between the country of their nativity and Mexico.
40. In order that those public functionaries of the Feder- eration, or of the State, comprehended in the anterior article, may be elected deputies, they ought absolutely to have ceased the exercise of their functions four months before the election.
41. If the same individual should be chosen deputy pro- prietary for two or more districts, the election of that dis- trict in which he actually resides shall have preference. If he does not reside in either, the election of the district of his origin shall have preference. If he was neither a resi- dent nor a native of some one of the said districts, that shall stand which the same elected deputy shall designate. In either of these cases, or of the death or inability of the deputies proprietary to discharge their functions according to the judgment of Congress, their duties shall devolve upon . the respective deputies supernumerary.
42. If it shall happen that the same citizen is elected deputy supernumerary for two or more districts, in this case the same order of preference provided for in the three first parts of the anterior article prevails. And in the dis- trict which remains without a deputy supernumerary, the vacancy shall be filled up by the person who, in the respect- ive electoral assembly, had the next greatest number of votes. In case of a tie, it shall be decided by lot (suerte ).
43. The deputies, during the discharge of their commis- sions, shall obtain from the public treasury of the State the compensation which the anterior Congress shall assign ; and they shall also receive what may appear necessary for their expenses in going to the place of session, and in returning from them to their houses on the close of the session.
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BENCH AND BAR OF TEXAS.
44. The deputies at no time, and in no case, nor before any authority, shall be responsible for the opinions which they manifest in the discharge of their duties. In criminal cases instituted against them, they shall be judged by the tribunals which will be hereafter mentioned; and from the day of their appointment until they have completed the two years of their deputation, they can not be accused unless before Congress, which is constituted a grand jury to de- clare if there is, or is not, cause for an accusation. In the meantime, during the session, the deputies can not be sued in civil suits, nor arrested for debt.
45. During the time of their deputation, counting for this purpose from the day of their appointment, they can not obtain for themselves any employment from the govern- ment, nor shall they solicit it for others, nor even for their promotion, except it be in the regular order of office.
SECTION II. - OF THE ELECTION OF DEPUTIES.
46. For the election of the deputies, there shall be held electoral municipal assemblies, and electoral district assem- blies.
PARAGRAPH FIRST - MUNICIPAL ELECTORAL ASSEMBLIES.
47. The electoral municipal assemblies shall be composed of the citizens who are in the exercise of their rights, and who may be inhabitants and residents within the limits of their respective Ayuntamientos, and no person of this can be excused from attending.
48. These assemblies shall be celebrated the first Sunday and the following day, of the month of August, the year anterior to the renovation of Congress, in order to nomi- nate the electors of the district, who are to choose the depu- ties ; and eight days previously, the president of every Ayuntamiento, without the necessity of other order, shall call together the citizens of his district, by a proper notice. or as may be the custom, that they shall convene to make the election at the time and in the form which this Consti-
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LEGISLATIVE DATA.
tution requires, giving prompt notification to the villages of the same district for the information of the inhabitants.
49. In order that the citizens may assist with the greater convenience every Ayuntamiento, according to its locality and the population of its territory, shall determine the municipal assemblies which it ought to form in its limits, and in the public places in which they have to be held, des- ignating the limits of each.
50. They shall be presided, one by the political chief or alcalde, and the remainder by other individuals of the Ayuntamiento to whom it falls by lot, and in default of those, that corporation shail appoint as president of the re- spective municipal assembly an inhabitant of its own dis- trict, who shall know how to read and write.
51. On the aforesaid Sunday in August, at the hour of meeting, the citizens, who have convened in the place de- signated, shall open the said assembly by appointing from amongst themselves, by a majority vote, one secretary and two tellers, who shall know how to read and write.
52. The elections shall be opened on the two days speci- fied in article 48 for the space of four hours each day, divided between the morning and the evening ; and in every one of these assembles there shall be a register, in which shall be recorded the votes of the citizens who have convened to choose the electors of the district, and the names of the voters and those voted for shall be set down in alphabetical order.
53. To be an elector of a district it is necessary to be a citizen in the exercise of his rights, of the age of twenty- five years complete, to know how to read and write, and to be an inhabitant and resident in some part of the district the year immediately anterior to the election.
54. Every citizen shall choose viva voce or by writing the respective electors of the district ; in the former case the voter shall call the names of those for whom he votes in a loud voice, which shall be entered in the list and read by the secretary ; and it is indispensable that the votes should be written in the register in the presence of the voter. No
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BENCH AND BAR OF TEXAS.
person shall vote for himself in this or any other election, under the penalty of loosing the right to vote.
55. In those districts in which there is to be chosen only one deputy there shall be appointed eleven electors, and in those in which two or more are to be chosen there shall be appointed twenty-one electors.
56. The doubts or controversies that may arise as to whether any person or persons possess the qualification of voters shall be decided verbally by the assemby, and its decision shall be executed without appeal, for this time only ; provided, that such doubt shall not hinge upon the provisions of this constitution or other law. Should there be a tie in resolving the doubt absolutory sentence shall be given.
57. Should complaint arise that bribery, corruption, or force had been used to determine the election in favor of particular persons, a public and verbal investigation shall be made of the matter, and should it appear that the accu- sation is true, those who have committed the crime shall be deprived of all voice in the election, and false accusers shall suffer the same penalty; and from this judgment there shall be no appeal. Doubts which arise as to the quality of proof shall be decided by the Assembly, in the manner pre- scribed in the preceding article.
58. Municipal assemblies shall be held with open doors and without any guard whatever ; and no individual, what- ever his class may be, shall attend them armed.
59. On completion of the two days for which the election is to be kept open, the president, tellers, and secretary of each assembly shall proceed to sum up the votes in the reg- ister, which each citizen has received, which shall be signed by the said officers ; and by this operation the assembly shall be dissolved ; and other acts which may be done shall not only be considered null, but as an attempt against the public security. The said register shall be delivered sealed to the secretary of the respective Ayuntamientos.
60. On the second Sunday of said month of August the Ayuntamientos shall convene in their respective halls in
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LEGISLATIVE DATA.
public session. In their presence, and with the assistance of the president, tellers, and secretary of the municipal assemblies, the registers shall be opened, and after all of them have been examined, a general list shall be formed in alphabetical order, in which shall be comprehended all the individuals voted for, and the number of votes they have received.
61. This list and the certificate which shall be extended on the subject, shall be signed by the president of the Ayuntamiento, the secretary of it, and the secretaries of the assemblies. After which, two copies of the said list shall be drawn off and certified by the same persons, one of which shall be immediately posted up in the next public place, and the other shall be delivered, with the accompa- nying official letter of the Ayuntamiento, to two individuals appointed by that body to proceed to the capital of the district and there form a general classification of the votes jointly with the commissioners of the other Ayuntamientos.
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