USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 31
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ART. 7 .- The regular army of Texas, while in the service, shall be governed by the rules, regulations, and discipline, in all respects applicable to the regular army of the United States of America in time of war, so far as applicable to our condition and circumstances.
ART. S .- The regular army of Texas shall consist of eleven hundred and twenty men rank and file.
ART. 9 .- There shall be a corps of rangers under the com- mand of a major, to consist of one hundred and fifty men, to be divided into three or more detachments, and which shall com- pose a battalion, under the commander-in-chief when in the field.
ART. 10 .- The militia of Texas shall be organized as follows : all able-bodied men over sixteen, and under fifty years of age, shall be subject to militia duty.
ART. 11 .- Every inhabitant of Texas coming within purview of the preceding article shall, on the third Monday of December next, or as soon thereafter as practicable, assemble at each pre- cinct of their municipality, and proceed to elect one captain, one first lieutenant, and one second lieutenant to every fifty-six men.
ART. 12 .- When said election shall have taken place, the judges shall certify to the governor forthwith the names of the respective officers elected, who shall, as soon as practicable, make out and sign, and transmit commissions for the same; that if there shall be found to exist in any municipality more than three
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companies, the captains or commandants, on giving due notice thereof, shall call together the subalterns of said companies, and proceed to elect one major ; if of four companies, one lieutenant- colonel ; if of five or more companies, one colonel for the cora- mand of said companies, which shall constitute a regiment of said municipality ; that if there shall be found to exist more than one regiment in said municipality, the whole number of field and company officers shall on due notice proceed to clect a briga- dier-general out of their number, who shall command the whole militia in said municipality.
BRANCH TANNER ARCHER, President.
DECLARATION OF INDEPENDENCE MADE BY THE DELEGATES OF THE PEOPLE OF TEXAS, IN GENERAL CONVENTION, AT WASHINGTON, ON MARCH 2, 1836.
When a government has ceased to protect the lives, liberty, and property of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was in- stituted ; and so far from being a guarantee for their inestimable and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression ;- when the federal republican constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their con- sent, from a restricted federative republic, composed of sovereign states, to a consolidated central military despotism, in which every interest is disregarded but that of the army and the priest- hood, both the eternal enemies of civil liberty, the ever ready minions of power, and the usual instruments of tyrants ; -- when. long after the spirit of the constitution has departed, moderation is at length so far lost by those in power, that even the semblance of freedom is removed, and the forms themselves of the constitu- tion discontinued ; and so far from their petitions and remon- strances being regarded, the agents who bear them are thrown into dungeons, and mercenary armies sent forth to enforce a new government upon them at the point of the bayonet ;- when, in consequence of such acts of malfeasance and abduction on the part of the government, anarchy prevails, and civil society is dis- solved into its original elements, -in such a crisis, the first law of nature, the right of self-preservation, the inherent and inalienable right of the people to appeal to first principles, and take their poli- tical affairs into their own hands in extreme cases, enjoins it as a right towards themselves, and a sacred obligation to their poste-
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rity, to abolish such government, and create another in its stead, calculated to resene them from impending dangers, and to secure ยท their welfare and happiness.
Nations, as well as individuals, are amenable for their acts to the general opinion of mankind. A statement of a part of our grievances is therefore submitted to an impartial world, in justi- fication of the hazardous but unavoidable step now taken, of severing our political connexion with the Mexican people, and assuming an independent attitude among the nations of the earth.
The Mexican government, by its Colonization Laws, invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written constitution, that they should continue to enjoy that constitutional liberty and Republican government to which they had been habituated in the land of their birth, the United States of America,
In this expectation they have been cruelly disappointed, inas- much as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez de Santa Anna, who, having overturned the constitution of his country, now offers to us the cruel alternatives, either to abandon our homes, acquired by so many privations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and the priesthood.
It hath sacrificed our welfare to the State of Coahuila, by which our interests have been continually depressed through a jealous and partial course of legislation, carried on at a far distant seat of government, by a hostile majority, in an unknown tongue, and this, too, notwithstanding we have petitioned, in the humblest terias, for the establishment of a separate State government, and have, in accordance with the provisions of the National Consti- tution, presented to the General Congress a Republican Constitu- tion, which was, without just cause, contemptuously rejected.
It incarcerated in a dungeon, for a long time, one of our citi- zens, for no other cause but a zealous endeavour to procure the acceptance of our Constitution, and the establishment of a State government.
It has failed and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe gua- rantee for the life, liberty, and property of the citizen.
It has failed to establish any public system of education, al- though possessed of almost boundless resources (the public d )- main ) ; and although it is an axiom in political science, that un- less a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government.
It has suffered the military commandants, stationed among us, to exercise arbitrary aets of oppression and tyranny, thus tramp-
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ling upon the most sacred rights of the citizen, and rendering the military superior to the civil power.
It has dissolved, by force of arms, the state congress of Coahuila and Texas, and obliged our representatives to fly for their lives from the seat of government, thus depriving us of the fundamental political right of representation.
It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the interior for trial, in contempt of the civil authorities, and in defiance of the laws and the constitution.
It has made piratical attacks upon our commerce, by com- missioning foreign desperadoes, and authorizing them to seize our vessels, and convey the property of our citizens to far distant parts for confiscation.
It denies us the right of worshipping the Almighty according to the dietates of our own conscience, by the support of a national religion, calculated to promote the temporal interest of its human functionaries, rather than the glory of the true and living God.
It has demanded us to deliver up our arins, which are essential to our defence-the rightful property of freemen-and formidable only to tyrannical governments.
It has invaded our country both by sea and by land, with the intent to lay waste our territory, and drive us from our homes ; and has now a large mercenary army advancing to carry on against us a war of extermination.
It has, through its emissaries, incited the merciless savage, with the tomahawk and scalping-knife, to massacre the inhabit- ants of our defenceless frontiers.
It has been, during the whole time of our connexion with it, the contemptible 'sport and victim of successive military revolu- tions, and hath continually exhibited every characteristic of a weak, corrupt, and tyrannical government.
These, and other grievances, were patiently borne by the people of Texas, until they reached that point at which forbearance ceases to be a virtue. We then took up arms in defence of the national constitution. We appealed to our Mexican brethren for assist- ance ; our appeal has been made in vain; though months have elapsed, no sympathetic response has yet been heard from the interior. We are, therefore, forced to the melancholy conclusion, that the Mexican people have acquiesced in the destruction of their liberty, and the substitution therefore of a military govern- ment ; that they are unfit to be free, and incapable of self- goverment.
The necessity of self-preservation, therefore, now decrees our eternal political separation.
WE, therefore, the delegates, with plenary powers, of the people of Texas, in solemn convention assembled, appealing to a candid
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world, for the necessities of our condition, do hereby resolve and declare, that our political connexion with the Mexican nation has for ever ended, and that the people of Texas do now constitute a FREE, SOVEREIGN, and INDEPENDENT REPUBLIC, and are fully in'tested with all the rights and attributes which properly belong to independent nations; and, conscious of the rectitude of our inten- tions, we fearlessly and confidently commit the issue to the supreme Arbiter of the destinies of nations.
In witness whereof we have hereunto subscribed our names. RICHARD ELLIS, President and Delegate from Red River.
EXECUTIVE ORDINANCES, PRELIMINARY TO THE ESTA- BLISIIMENT OF A CONSTITUTION FOR TEXAS, ADOPT- ED IN CONVENTION AT WASHINGTON, 16th MARCH, 1836.
Whereas, we, the people of Texas, through our delegates in general convention assembled, for the purpose of framing a constitu- tion, and organizing a goverment under that constitution, free, sovereign, and independent ; and finding, from the ex- treme emergency of the case, and our critical situation, that it is a duty we owe to our fellow-citizens and ourselves, to look upon our present danger with a calmness unruffled and a deter- mination unsubdued; and at the same time to pursue a prompt and energetic course, for the support of our liberty and protec- tion of our property and lives; therefore,
Ist. Resolved -- That we deem it of vital importance to forth- with form, organize, and establish a government, "ad interim," for the protection of Texas, which shall have full, ample, and plenary powers to do all and everything which is contemplated to be done by the general congress of the people, under the powers granted to them by the constitution, saving and excepting all legislative and judicial acts.
2nd. Resolved-That the said government shall consist of a chief executive officer, to be styled the " President of the Repub- lic of Texas ;" a vice-president, secretary of state, secretary at war, secretary of the navy, secretary of the treasury, and attorney- general, whose salaries shall be fixed and determined by the first congress of the republic.
Brd. Resolved-That all questions touching the powers hereby confided to these officers, shall be decided by a majority of said officers.
Ith. Resolved-That the president be elected by this convention :
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and that the candidate or individual having a majority of the whole number of votes given in, shall be, and is hereby declared to be duly elected.
5th. Resolved-That the vice-president, the aforesaid secre- taries, and attorney-general, be elected by this convention, a majority of the whole number of votes being requisite to a choice.
Gth. Resolved-That the members of this body vote for the above-named officers viva voce.
7th. Resolved -- That the officers so selected, be required to take the oath prescribed by the constitution.
8th. Resolved-That the president, by and with the advice and consent of a majority of his cabinet, shall have the appoint- ment of all officers, civil, military, and naval, for and during the existence of the government ad interim.
9th. Resolved -- That the government aforesaid, shall be in- vested, and they are hereby invested with full powers to create a loan, not to exceed one million of dollars; and to pledge the faith and credit of the republic, and the proceeds of the sale of the public lands, for the repayment of the same, with the interest thereon.
10th. Resolved -- That the president and his cabinet shall have full power to appropriate the funds of Texas to the defence of the country, by raising and supporting the army and navy, making fortifications, &c.
11th. Resolved-That said officers hold their offices until their successors are chosen and qualified.
12th. Resolved -- That the president, by and with the advice and consent of his cabinet, shall have power to issue writs of election for senators and representatives, at an earlier day than that fixed by the constitution, and convene theia as soon after the election as may be convenient.
13th. Resolved-That the said government have ample and plenary powers to enter into negotiations and treaties with foreign powers.
14th. Resolved-That the president and his cabinet have power to appoint commissioners to any foreign power.
The foregoing fourteen Resolutions were adopted in convention of the people of Texas, assembled at the town of Washington, on the sixteenth day of March, in the year of our Lord one thousand eight hundred and thirty-six.
RICHARD ELLIS, President of the Convention.
Attest, A. S. KIMELE, Secretary.
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CONSTITUTION OF THE REPUBLIC OF TEXAS.
We, the people of Texas, in order to form a government, estab- lish justice, ensure domestic tranquillity, provide for the com- mon defence and general welfare, and to secure the blessings of liberty to ourselves and our posterity, do ordain and estab- lish this constitution.
ARTICLE I. Section 1. The powers of this government shall be divided into three departments, viz. legislative, executive, and judicial, which shall remain for ever separate and distinct.
Sec. 2. The legislative power shall be vested in a senate and house of representatives, to be styled "The Congress of the Republic of Texas."
Sec. 3. The members of the house of representatives shall be chosen annually on the first Monday of September each year, until congress shall otherwise provide by law, and shall hold their offices one year from the date of their election.
Scc. 4. No person shall be eligible to a seat in the house of representatives until he shall have attained the age of twenty- five years, shall be a citizen of the republic, and shall have resided in the county or district six months next preceding his election.
Sec. 5. The house of representatives shall not consist of less than twenty-four, nor more than forty members, until the popu- lation shall amount to one hundred thousand souls, after which time the whole number of representatives shall not be less than forty, nor more than one hundred ; provided, however, that cach county shall be entitled to at least one representative.
Ser. G. The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
Sec. 7. The senators shall be chosen by districts, as nearly equal in free population (free negroes and Indians excepted ) as practicable, and the number of senators shall never be less than one-third, nor more than one-half the number of representatives, and each district shall be entitled to one member and no more.
Ser. S. The senators shall be chosen for the term of three years, on the first Monday in September, shall be citizens of the republic, reside in the district for which they are respectively chosen at least one year before the clection, and shall have attained the age of thirty years.
Sec. 9. At the first session of the congress, after the adoption of this constitution, the senators shall be divided by lot into three classes, as nearly equal as practicable ; the seats of the senators of the first class shall be vacated at the end of the first year, of the second class at the end of the second year, the third class
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at the end of the third year, in such manner that one-third shall be chosen each year thereafter.
Sec. 10. The vice-president of the republic shall be president of the senate, but shall not vote on any question unless the senate be equally divided.
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 concurrence 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 punish- ment, according to law.
Sec. 13. Each house shall be the judge of the elections, quali- fications, and returns of its own members. Two-thirds of each house shall constitute a quorum to do business, but a smaller num- ber may adjourn from day to day, and may compel the attendance of absent meinbers.
Sec. 14. Each house may determine the rules of its own pro- ceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, may expel a member, but not a second time for the same offence.
Sec. 15. Senators and representatives shall receive a compen- sation 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 treason, felony, or breach of the prace, be privileged from arrest during the session of congress, and in going and returning from the same, and for any speech or dehyre in either house, they shall not be questioned in any other place.
See. 16. Each house may punish, by imprisonment during 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 proceedings, 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 entered 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.
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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 dis- pense with the rule.
Sec. 21. After a bill shall have been rejected, no bill contain- ing the same substance shall be passed into a 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 repub- lic of Texas in congress assembled."
Sec. 23. No person holding an office of profit under the go- vernment shall be eligible to a seat in either house of congress, nor shall any member of either house be eligible to any office which may be created, or the profit of which shall be increased during his term of service.
Sec. 24. No holder of public moneys, or collectors 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 journals 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.
Sce. 26. Every act of congress shall be approved and signed by the president before it becomes a law; but if the president will not approve and sign such act, he shall return it to the house in which it shall have originated, with his reasons for not approving the same, which shall be spread upon the journals of such house, and the bill shall then be reconsidered. and shall not become a Jaw 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 reconsideration shall be recorded by ayes and noes. If the president shall fail to return a bill within five days (Sun- days excepted) after it shall have been presented for his approval and signature, the same shall become a law, unless the congress prevent its return within the time above specified by adjourninent.
Sec. 27. All bills, acts, orders, or resolutions, to which the concurrence of both houses may be necessary, (motions or reso- lutions 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.
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ART. II. Section 1. Congress shall have power to levy and collect taxes and imposts, 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 defence and general welfare of the republic.
Sec. 2. To regulate commerce, to coin money, to regulate the value thereof, and of foreign coin ; to fix the standard 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 char- ters of incorporation, patents, and copyrights, and to secure to the authors and inventors the exclusive use thereof for a limited time.
Sec. 4. To declare war, grant letters of marque and reprisals, and to regulate captures.
Sec. 5. To provide and maintain an army and navy, and to make all laws and regulations necessary for their government.
Sec. 6. To call out the militia to execute the law, to suppress insurrection, 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 re- public, or in any officer or department thereof.
ART. III. Section 1. The executive authority of this govern- ment 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 terin of two years, and shall be ineligible during the next succeeding term; and all subsequent presidents shall be clected for three years, and be alike ineligible ; and in the event of a tie, the house of representatives shall determine between the two highest candidates by a 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.
ART. 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 establish. The judges of the supreme and inferior courts shall hold their offices for four years, be eligible to re-election,-and shall, at stated periods, receive for their services a compensation not to be in- creased or diminished during the period for which they were clected.
Sec. 2. The republic of Texas shall be divided into convenient
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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 con- gress may by law direct.
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