USA > Texas > The bench and bar of Texas > Part 46
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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 con- currence 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.
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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 the members for disorderly behavior, and with the concurrence of two-thirds, may expel a mem- ber, but not a second time for the same offense.
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 trea- son, 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 dur- ing 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 proceed- ings, 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 en- tered 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 a 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 con-
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taining the same substance shall be passed into 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 Con- gress, 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 time of service.
SEC. 24. No holder of public moneys, 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 jour- nals 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 shall not approve and sign such act he shall return it to the House in which it originated, with his reasons for not approving the same, which shall be spread upon the journals of each House, and the bill shall then be recon- sidered, 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 reconsidera- tion shall be recorded by ayes and noes. If the President shall fail to return a bill within five days ( Sundays excepted) after it shall have been presented for his approval and signa- ture the same shall become a law, unless the Congress pre- vents its return within the time above .specified by adjourn- ment.
SEC. 27. All bills, acts, orders, or resolutions to which the concurrence of both Houses may be necessary ( motions
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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.
SECTION 1. Congress shall have power to levy and collect taxes and imports, 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 defense and general welfare of the Republic.
SEC. 2. To regulate commerce, to coin money, to regu- late the value thereof and of foreign coin, to fix the stand- ard 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 corporations, patents and copyrights, 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 re- prisal, and to regulate captures.
SEC. 5. To provide and maintain an army and navy, and to make all laws and regulations necessary for their govern- ment.
: SEC. 6. To call out the militia to execute the law, to sup- press 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 offices or department thereof.
ARTICLE III.
SECTION 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 in- eligible during the next succeeding term, and all subsequent Presidents shall be elected for three years, and be alike in-
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eligible ; and in the event of a tie the House of Representa- tives shall determine between the two highest candidates by viva 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.
SECTION 1. The judicial powers of the government shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and estab- lish. The judges of the Supreme and inferior courts shall hold their offices for four years, be ineligible to re-election, and shall, at stated periods, receive for their services a com- pensation not to be increased or diminished during the period for which they were elected.
SEC. 2. The Republic of Texas shall be divided into con- venient 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 embassadors, 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 matter in controversy amounts to one hun- dred 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.
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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 present- ment of a grand jury, and conviction of a petit jury.
SEC. 7. The Supreme Court shall consist of a chief jus- tice 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 jurisdic- tion 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 judges 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 inhabit- ants 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 con- venient 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 quali- fied voters of the district or county, as Congress may direct. Justices of the peace and sheriffs shall be commis- sioned by the President.
SEC. 13. The Congress shall, as early as practicable, in- troduce, 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.
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ARTICLE V.
SECTION 1. Ministers of the Gospel being, by their pro- fession, dedicated to God and the care of souls, ought not to be divested from the great duties of their functions ; therefore, no minister of the gospel, or priest of any de- nomination 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 Rep- resentatives 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 sup- port 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.
SECTION 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 Constitution, or an inhabitant of this Republic at least three years immediately preceding his eleetion.
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 sub- scribe the following oath or affirmation: -
"I, A. B., President of the Republic of Texas, do sol- emnly swear, or affirm, as the case may be, that I will
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faithfully execute the duties of my office, and to the best of my abilities preserve, protect and defend the Constitu- tion of the Republic."
SEC. 4. He shall be commander-in-chief of the army and navy of the Republic, and the militia thereof; but he shall not command in person, without the authority of a resolu- tion 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 the consent of the Senate, appoint ministers and consuls, and all officers whose offices are established by the Constitution, not here- in otherwise provided for.
SEC. 6. The President shall have power to fill all vacan- cies 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 in- dividual to the same office.
SEC. 7. He shall, from time to time, give Congress, in- formation on 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 are faithfully executed, and shall commission all the officers of the Re- public.
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
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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 elec- tion for President in the same manner, continue in office for the same time, and shall possess the same qualifications as 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. 15. 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 offi- cers of the Republic, shall be removable from office by im- peachment for, and on conviction of, treason, bribery, and other high crimes and misdemeanors.
SCHEDULE.
SECTION 1. That no inconvenience may arise from the adoption of this Constitution, it is declared by this convention that all laws now in force in Texas, and not inconsistent with this Constitution, shall remain in full force until de- clared void, repealed, altered, or expire by their own limi- tation.
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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; anything in this Constitution to the con- trary 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 discharge 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 in the mode prescribed by this Con- stitution, which elections shall be conducted in the manner that elections have been heretofore conducted. The Presi- dent, Vice-President, and members of Congress, when duly elected, shall continue to discharge the duties of their respec- tive offices for the time and in the manner prescribed by this Constitution until their successors be duly qualified.
SEC. 6. Until the first enumeration shall be made, as 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 represen- tatives ; the precinct of Colorado, one representative ; Sa- bine, 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
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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 en- titled to one Senator ; San Patricio, Refugio and Goliad, one; Brazoria, one; Mina and Gonzales, one; Nacog- doches, 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 Harris- burg, 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.
. SECTION 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 Secre- tary of State of this Republic.
SEC. 3. The President and heads of departments shall keep their-offices at the seat of government, unless removed by permission of Congress, or unless in cases 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 cir- cumstances 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 sup- port this Constitution, and that he will bear true allegiance
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to the Republic of Texas, shall be entitled to all the priv- ileges 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 trans- lated, 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 as- sistance 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 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 said slaves were held in the United States ; nor shall Congress have power to emancipate slaves ; nor shall any slaveholder be allowed to emancipate his or her slave or slaves without the consent of Congress, unless he or she shall send his or her slaves without the limits of the Republic. No free persons 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 the United States of America, is for- ever prohibited, and declared to be piracy.
SEC. 10. All persons, Africans, the descendants of Afri- cans, and Indians excepted, who were residing in Texas on the day of the Declaration of Independence, shall be con- sidered 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 colonists, shall be entitled to their land in the following proportion and manner: Every head of a family shall be
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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, ex- cept 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 here- after to be pointed out by law. Orphan children, whose parents were entitled to land under the colonization law of Mexico, and who now reside in the Republic, shall be en- titled 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 improvements in preference to all other claims, not acquired previous to his settlement, according to the law and this Constitution; provided that nothing herein contained shall prejudice the rights of any citizen from whom a settler may hold land by rent or lease.
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