USA > Texas > The bench and bar of Texas > Part 47
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And whereas the protection of the public domain from unjust and fraudulent claims and quieting the people in the
595
CONSTITUTION OF THE TEXAN REPUBLIC.
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 eighteen hundred and thirty-four, in behalf of General John T. Mason, of New York, and another on the fourteenth day of March, eighteen hundred and thifty-five, under which the enor- mous 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 eighteen hundred and twenty- four, of the General Congress of Mexico; and one of said acts, for that cause has, by said General Congress of Mex- ico, been declared null and void. It is hereby declared that the said act of eighteen hundred and thirty-four, in favor of John T. Mason, and of the fourteenth of March, eighteen hundred and thirty-five, 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 pretense 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 land have been made whilst most of the people of Texas were absent from home, serving in the campaign against Bexar, it is here 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
596
BENCH AND BAR OF TEXAS.
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 estab- lished, where all the land-tillers 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 by valid titles.
SEC. 11. Any amendment or amendments to this Consti- tution 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 pro- posed amendment or amendments, shall be entered on the journals, with the yeas and nays therein, and referred to the Congress then next to be chosen, and shall be published for three months previous to the election ; and if the Con- gress 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 amend - ments to the people, in such manner and at such times as the Congress shall prescribe ; and if the people shall ap- prove 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, how- ever, 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 under any pretext whatever. And in order to guard against the transgression of the high powers which we have delegated, we declare that everything in this bill of rights contained, and every other right not hereby delegated, is reserved to the people.
597
CONSTITUTION OF THE TEXAN REPUBLIC.
1st. All men, when they form a social compact, have equal rights, and no man or set of men are entitled to exclu - sive public privileges or indorsements from the community.
2d. All political power is inherent in the people, and all free governments are founded on their authority, and insti- tuted for their benefit ; and they have at all times an ina- lienable right to alter their government in such a manner as they may think proper.
3d. 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.
4th. Every citizen shall be at liberty to speak, write or publish his opinion 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 act under the direction of the court.
5th. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable searches or 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.
6th. 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 denounce 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 present- ment 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.
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BENCH AND BAR OF TEXAS.
7th. No citizen shall be deprived of privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.
8th. 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 any present, office, or emolument of any kind.
9th. No person, for the same offense, shall be twice put in jeopardy of life or limb. And the right of trial by jury · shall remain inviolate.
10th. All persons shall be bailable by sufficient security, unless for capital crimes, when the proof is evident or pre- · sumption strong, and the privilege of the writ of habeas corpus shall not be suspended, except in cases of rebel- lion or invasion, when the public safety may require it.
11th. Excessive bail shall not be required, nor exces- sive 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.
12th. No person shall be imprisoned for debt in conse- quence of inability to pay.
13th. 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 com- pensation being made therefor according to law.
14th. 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.
15th. The sure and certain defense of a free people is a well regulated militia ; and it shall be the duty of the Leg- islature to enact such laws as may be necessary to the mil- itia of this Republic.
16th. Treason against this Republic shall consist only . in bringing war against it, or adhering to its enemies, giv- ing them aid and support. No retrospective or ex post facto law, or laws imparing the obligations of contracts shall be made.
599
CONSTITUTION OF THE TEXAN REPUBLIC.
17th. Perpetuities or monopolies are contrary to the genius of a free government and shall not be allowed; nor shall any law of primogeniture or entailment ever be in force in this Republic.
MEMBERS OF THE CONVENTION WHICH ADOPTED THE CONSTI- TUTION OF THE TEXAN REPUBLIC.
Name.
Richard Ellis,
Name. George W. Smith,
C. B. Stewart,
William C. Crawford,
John S. Roberts,
Stephen H. Everett,
James Collingsworth,
John Turner,
Robert Hamilton,
Elijah Stepp,
Edwin Waller,
Benjamin B. Goodrich,
Collin Mckinney,
Claiborne West,
A. Brigham,
James G. Swisher,
A. H. Latimer,
William B. Leates,
John S. D. Byrom,
George Wm. Barnett,
James Power,
M. B. Menard, Jesse Grimes,
Francis Ruis, Sam Houston, J. Antonio Navarro,
A. B. Hardin,
Edwin Conrad,
John W. Bunton,
William D. Lacy,
David Thomas,
Martin Palmer,
Thomas J. Gazley,
William Menifee,
S. Rhodes Fisher,
James Gains, John Fisher,
R. M. Coleman, John W. Bomer,
William Clark, Jr.,
Sterling C. Robertson,
Matthew Caldwell,
J. B. Woods, George C. Childress,
A. Briscoe,
Baily Hardeman,
Lorenzo D. Zavala,
Thomas Barnett, Robert Potter,
Thomas J. Rusk, Stephen W. Blunt,
Jesse B. Badgett,
Charles Taylor.
Sydney F. Pennington, William Motley, Samuel P. Carson,
E. O. Legrand,
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BENCH AND BAR OF TEXAS.
ANNEXATION OF TEXAS.
CONDITIONAL CONSENT OF THE CONGRESS OF THE UNITED STATES.
Resolved, by the Congress of the United States of America in Congress assembled.
1. That Congress doth consent that the territory properly included within, and rightly belonging to the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing gov- ernment, in order that the same may be admitted as one of the States of the Union.
2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guarantees to wit: First. Said State to be formed, subject to the adjustment by this government of all questions of boundary that may arise with other governments ; and the Constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hun- dred and forty-six. Second. Said State, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the public de- fense belonging to the said Republic of Texas, shall retain . all the public funds, debts, taxes, and dues of every kind, which may belong to, or be due and owing to said Republic;
601
ANNEXATION OF TEXAS.
and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the government of the United States. Third. New States, of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may, hereafter, by the consent of said State, be formed out of the territory thereof, which shall be en- titled to admission under the provisions of the Federal Con- stitution. And such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Mis- souri Compromise Line, shall be admitted into the Union, with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compromise Line, slavery, or involuntary servitude (ex- cept tor crime ), shall be prohibited.
3. And be it further resolved, That if the President of the United States shall, in his judgment and discretion, deem it most advisable, instead of proceeding to submit the foregoing resolution to the Republic of Texas, as an over- ture on the part of the United States for admission, to negotiate with that Republic ; then
Be it resolved, That a State, to be formed out of the present Republic of Texas, with suitable extent and bound- aries, and with two Representatives in Congress, until the next apportionment of representation, shall be admitted into the Union, by virtue of this act, on an equal footing with the existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texan territory to the United States shall be agreed upon by the governments of Texas and the United States, And that the sum of one hundred thousand dollars be, and the same is hereby, appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission'
602
BENCH AND BAR OF TEXAS.
and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Con- gress, as the President may direct.
Approved, March 1, 1845.
ACCEPTANCE OF THE CONDITIONS OF ANNEXATION BY THE CONGRESS OF THE REPUBLIC.
Whereas, The government of the United States hath proposed the following terms, guarantees, and conditions, on which the people and territory of the Republic of Texas may be erected into a new State, to be called the State of Texas, and admitted as one of the States of the American Union, to wit (the first and second sections of the forego- ing proposition ) ;
And, Whereas, by said terms, the consent of the existing government of Texas is required, therefore : -
SECTION 1. Be it resolved by the Senate and House of Representatives of the Republic of Texas in Congress assem- bled, That the Government of Texas doth consent, that the people and territory of the Republic of Texas may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the peo- ple of said Republic, by deputies in convention assembled, in order that the same may be admitted as one of the States of the American Union; and said consent is given on the terms, guarantees, and conditions set forth in the preamble to this joint resolution.
SEC. 2. Be it further resolved, That the proclamation of the President of the Republic of Texas, bearing date May fifth, eighteen hundred and forty-five, and the election of deputies to sit in convention at Austin, on the fourth day of July next, for the adoption of a Constitution for the State of Texas, had in accordance therewith, hereby receives the consent of the existing government of Texas.
SEC. 3. Be it further resolved, That the President of Texas is hereby requested immediately to furnish the Gov- ernment of the United States, through their accredited min-
1
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ANNEXATION OF TEXAS.
ister near this government, with a copy of this joint resolution ; also to furnish the convention to assemble at Austin, on the fourth of July next, a copy of the same. And the same shall take effect from and after its passage. Approved, June 23d, 1845.
ASSENT OF THE PEOPLE OF THE REPUBLIC IN CONVENTION.
Whereas, The Congress of the United States of America has passed resolutions providing for the annexation of Texas to that Union, which resolutions were approved 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 the States of the said Union ; and, whereas, the existing govern- ment of the Republic of Texas has assented to the proposals thus made, the terms and conditions of which are as fol- lows (quoting the first and second sections of the resolu- tion ) :
Now, in order to manifest the assent of the people of this Republic as required in the above recited portions of the said resolution ; We, the deputies of the people of Texas in convention assembled, in their name, and by their authority, do ordain and declare, that we assent to, and accept the proposals, conditions, and guarantees contained in the first and second sections of the resolution of the Congress of the United States aforesaid.
Done in the City of Austin, Republic of Texas, July 4, 1845.
Phil M. Cuny, H. G. Runnels, Robert M. Forbes, Sam Lusk, John Caldwell, Jose Antonio Navarro, Geo. Wm. Brown, Gustavus A. Everts, Lemuel Dale Evans, J. B. Miller, R. E. B. Baylor, J. S. Mayfield, R. Bache, James Love, Wm. L. Hunter, John D. Anderson, Isaac Parker, P. A. Lumpkin, Francis Moore, Jr., Isaac W. Brashear, Alexander McGowan, Isaac Van Zandt, S. Holland, Edward
604
BENCH AND BAR OF TEXAS.
Clark, Geo. W. Smyth, James Armstrong, John M. Lewis, James Scott, Archibald McNeill, A. C. Horton, Israel Standefer, Jos. L. Hogg, Chas. S. Taylor, David Gage, Henry J. Jewett, Conit Armstrong, James Power, Albert H. Latimer, Wm. C. Young, J. Pinckney Henderson, Nicholas H. Darnell, Emery Rains, A. W. O. Hicks, James M. Burroughs, H. L. Kinney, Wm. L. Cazneau, A. S. Cunningham, Abner S. Lipscomb, John Hemphill, Van R. Irion, Volney E. Howard, E. H. Tarrant, Francis M. White, James Davis, George T. Wood, G. W. Wright, H. R. Latimer, W. B. Ochiltree, Oliver Jones, B. C. Bagby, Chas. Bellinger Stewart.
Attest : JAMES H. RAYMOND, Secretary of the Convention.
ADMISSION OF TEXAS INTO THE UNION - DECEMBER 29, 1845.
WHEREAS, The Congress of the United States, by a joint resolution, approved March the first, eighteen hundred and forty-five, did consent that the territory properly included within and rightfully belonging to the Republic of Texas, might be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same might be admitted as one of the States of the Union ; which consent of Congress was given upon certain conditions specified in the first and second sec- tions of said joint resolution ;
AND WHEREAS, The people of said Republic of Texas, by deputies in convention assembled, with the consent of the existing government, did adopt a Constitution and erect a new State with a republican form of government, and, in the name of the people of Texas, and by their authority, did ordain and declare that they assented to and accepted the proposals, conditions, and guarantees contained in said first and second sections of said resolution ;
AND WHEREAS, The said Constitution, with the proper
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ANNEXATION OF TEXAS.
evidence of its adoption by the people of the Republic of Texas, has been transmitted to the President of the United States and laid before Congress, in conformity to the pro- visions of said joint resolution ; therefore,
1. Be it resolved by the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That the State of Texas shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the orig- inal States in all respects whatever.
2. And be it further resolved, That until the Represen- tatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the State of Texas shall be entitled to choose two Represen- tatives.
CHAPTER X.
JUDICIAL DATA.
The Constitution of the Republic of Texas required the Supreme Court to consist of a chief justice and associate judges; the district judges composed the associate judges, a majority of whom, with the chief justice, sitting in banc, constituted the Supreme Court.
Chief Justices of the Republic - James Collinsworth, John Birdsall, Thomas J. Rusk and John Hemphill. The first two did not hold any term of the court.
1
District Judges during the Republic - Shelby Corzine, Benjamin C. Franklin, R. M. Williamson, James W. Rob- inson, Edward T. Branch, John T. Mills, Ezekiel W. Cullen, Henry W. Fontaine, John Scott, Anthony B. Shelby, William J. Jones, John Hemphill, Richard Scurry, John M. Hansford, R. E. B. Baylor, Anderson Hutchinson, George W. Terrill, Thomas Johnson, Patrick C. Jack, Richard Morris, William B. Ochiltree, William E. Jones, M. P. Norton, John B. Jones, R. T. Wheeler.
Attorneys-General of the Republic - David Thomas, Peter W. Grayson, J. Pickney Henderson, John Birdsall, A. S. Thurston, J. C. Watrous, James Webb, F. A. Morris, George W. Terrill, Ebenezer Allen.
JUDGES OF THE SUPREME COURT OF TIIE STATE OF TEXAS.
1846- John Hemphill, chief justice ; Abner S. Lipscomb, Royal T. Wheeler, associates. Judge Lipscomb died in in 1856, and was succeeded by O. M. Roberts.
1858 - Royal T. Wheeler, chief justice. Hemphill suc- ceeded by James HI. Bell, and O. M. Roberts by George F. Moore.
(606 )
607
JUDICIAL DATA.
1864-O. M. Roberts, chief justice, succeeds Wheeler, and Bell is succeeded by Reuben A. Reeves.
1866 - George F. Moore, chief justice ; Richard Cooke, S. P. Donley, Asa H. Willie, and George W. Smith, asso- ciates. These were all removed in 1867 as impediments to reconstruction, and the following were appointed by mili- tary authority : -
1867 - Amos Morrill, chief justice; Livingston Lindsay, Albert H. Latimer, Colbert Coldwell and Andrew J. Ham- ilton, associates. Moses Walker succeeded Hamilton in 1869, and James Denison succeeded Latimer in 1870.
1870- Under the Constitution of 1869, Lemuel D. Evans, chief justice ; Moses Walker and Wesley Ogden, associates. In 1873 Evans was succeeded by I. D. McAdoo, and Ogden was made presiding judge.
1874-O. M. Roberts, chief justice (reorganization of the court ) ; Reuben A. Reeves, Thomas J. Divine, George F. Moore, William P. Ballinger, associates. Judge Bal- linger resigned immediately, and was succeeded by Peter W. Gray, who also resigned in a few months, and was succeeded by Robert S. Gould, and, in 1875, John Ireland was elected to succeed Divine under the new Constitution.
1876-O. M. Roberts, chief justice; George F. Moore and Robert S. Gould, associates.
1878 - George F. Moore, chief justice; Robert S. Gould and Micajah H. Bonner, associates.
1881 - Robert S. Gould, chief justice ; Micajah H. Bon- ner, John W. Stayton, associates.
1882-1885- Asa H. Willie, chief justice ; John W. Stayton, Charles S. West, associates.
JUDGES OF THE COURT OF APPEALS.
1876 - M. D. Ector, presiding judge ; C. M. Winkler, George Clark, associates.
1879-1885 - John P. White, presiding judge; James M. Hurt, Samuel M. Willson, associates.
608
BENCH AND BAR OF TEXAS.
JUDGES OF THE COURT OF COMMISSION OF APPEALS WHICH WAS ESTABLISHED IN 1881 AND RECREATED IN 1883.
1881 - Richard S. Walker, presiding judge ; George Quinan, A. S. Walker, associates. Quinan resigned in 1832, and was succeeded by W. S. Delaney, and A. S. Walker by A. T. Watts.
1885 - Richard S. Walker, presiding judge; A. T. Watts, W. S. Delaney, associates.
ATTORNEYS-GENERAL OF THE STATE.
1846-1885 - John W. Harris, 1846; Andrew J. Hamil- ton, acting, 1849; Ebenizer Allen, 1851; Thomas J. Jenings, 1852; James Willie, 1856 ; Malcolm D. Graham, 1859 ; George Flournoy, 1860; N. G. Shelly, 1862; B. E. Turner, 1864; William M. Walton, 1866; William Alexan- der, 1867 ; Ezekiel B. Turner, 1868 ; William Alexander, 1870 ; George Clark, 1874; H. H. Boone, 1876; G. Mc- Cormick, 1878; J. H. McLeary, 1880; John D. Templeton, 1882, re-elected in 1884.
ALPHABETICAL LIST OF BIOGRAPHIES.
PAGE
ALLEN, EBENEZER
204
ANDERSON, J. M.
528
BALLINGER, W. P.
412
BATTLE, N. W. .
505
BAYLOR, R. E. B.
BELL, J. HI.
293
BREWSTER, II. P.
116 262
CLARK, GEORGE
356
COKE, RICHARD .
285
DALLAM, JAMES W.
251
DELANEY, W. S.
363
DEVINE, THOS. J.
302
DONLEY, S P.
148
DUVAL, THOS. H.
160
ECTOR, M. D. .
165
EVANS, L. D. .
110
FRANKLIN, BENJAMIN C.
173
GOLDTHWAITE, GEORGE
503
GOULD, R. S.
312
GRAY, PETER W.
114
HAMILTON, A. J.
104
HANCOCK, JOHN
422
HARRISON, THOS.
524
HARTLEY, O. C.
211
HEMPHILL, JOHN
69
HERNDON, W. S.
530
HERRING, M. D.
510
HOWARD, VOLNEY E.
385
II CBBARD, R. B.
444
HURT, J. M.
314
HUTCHINSON, A.
74
IRELAND, JOHN .
306
39
(609 )
HARRIS, J. W. .
367
HENDERSON, J. P.
185
BONNER, M. H. .
76
1
610
BENCH AND BAR OF TEXAS.
PAGE
JACK, W.M. H. .
198
JACK, THOS. McK.
. 267
JENNINGS, THOS. H.
215
LIPSCOMB, A. S.
85
MOORE, G. F.
97
MORRILL, AMOS
151
MORRIS, RICHARD
78
OCHILTREE, W. B.
81
OLDHAM, W. S.
254
PEASE, E. M.
221
PEELER, A. J. .
. 453
REAGAN, J. H. .
400
ROBERTS, O. M.
273
RUSK, THOS. J. .
65
SAYLES, JOHN
463
SCURRY, RICHARDSON A.
178
SEXTON, FRANK .
391
SHELLEY, N. G. .
440
SHEPARD, J. E.
382
STAYTON, J. W.
315
STEWART, CHARLES
. 516
TERRELL, A. W.
500 .
THROCKMORTON, J. W.
417
TURNER, E. B. .
365
TODD, W. S.
183
WAELDER, JACOB
487 .
WALKER, R. S. .
328
WALKER, A. S. .
354
WALTON, W.M. M.
484
WATTS, A. T.
361
WAUL, THOS. N.
404
WEBB, JAMES
202
WEST, C. S.
323
WHARTON, J. A.
217
WHEELER, R. T.
91
WHITE, ALEX. .
522
WHITE, J. P.
333
WILLIAMSON, R. M.
194
WILLIE, JAMES .
208
WILLIE, A. II. .
295
WILLSON, S. A.
338
WINKLER, C. M.
.
169
.
5376
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