27. It was approved on January 16, 1850, and provided for the election of state officials formerly appointed by the governor or by the legislature. 34. 2. 19. legislature. Article II: Division of the Powers of Government. 30. constitution shall never exceed four years. 14. No law shall be revised or amended by reference to its title; but in such case, the act revised, or section amended, shall be re-enacted and published at length. Judgment, in cases of impeachment, shall extend only to removal from office, and disqualification from holding any office of honor, trust, or profit, under this State; but the parties convicted shall, nevertheless, be subject to indictment, trial, and punishment according to law. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may provide. offending--so help me God.". The homestead of a family, not to exceed two hundred acres of land, (not included in a town or city, or any town or city lot or lots,) in value not to exceed two thousand dollars, shall not be subject to forced sale for any debts hereafter contracted; nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife, in such manner as the legislature may hereafter point out. SEC. 18. 17. the State. 12. null and void by the constitution and laws of the republic of Texas, be re-invested, Sec. The judicial powers of the government shall be vested in one supreme court, and such inferior courts as the congress may, from time to time, ordain and establish. ARTICLE I BILL OF RIGHTS That the general, great and essential principles of liberty and free government may be recognized and established, we declare: Sec. The assessor and collector of taxes shall be appointed in such manner and under such regulations as the legislature may direct. 5. devise, or descent, shall be her separate property; and laws shall be passed more clearly Each house may determine the rules of its own proceedings; punish members for disorderly conduct; and, with the consent of two-thirds, expel a member, but not a second time for the same offence. Elections for senators and representatives shall be general throughout the State, and shall be regulated by law. titles to land, which are declared null and void by the constitution of the republic of Every person shall be disqualified from holding The legislature shall, at the first session 2. The U.S. Constitution is exceedingly difficult to amend, but the document’s structure makes frequent amendment unnecessary. The next constitution was enacted in 1836 for the independent Republic of Texas. 3. pursuance of specific appropriations made by law; nor shall any appropriation of money be SEC. 24. To guard against transgressions of the high powers herein delegated, we declare that every thing in this “bill of rights” is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or to the following provisions, shall be void. The convention assembled on July 4, 1845. The framers, members of the Convention of 1845, drew heavily on the newly adopted Constitution of Louisiana and on the constitution drawn by the Convention of 1833 , but apparently used as a … austin: printed by john marshall, state printer, 1861. Upon the receipt of the said returns, or on the second Monday of November next, if the returns be not sooner made, it shall be the duty of the president, in presence of such officers of his cabinet as may be present, and of all persons who may choose to attend, to compare the votes given for the ratification or rejection of this constitution; and if it should appear from the returns that a majority of all the votes given is for the adoption of the constitution, then it shall be the duty of the president to make proclamation of that fact, and thenceforth this constitution shall be ordained and established as the constitution of the State, to go into operation and be of force and effect from and after the organization of the State government under this constitution; and the president of this republic is authorized and required to transmit to the President of the United States duplicate copies of this constitution, property authenticated, together with certified statements of the number of votes given for the ratification thereof, and the number for rejection; one of which copies shall be transmitted by mail, and one copy by special messenger, in sufficient time to reach the seat of government of the United States early in December next. 11. Inferior tribunals shall be established in each county for appointing guardians, granting letters testamentary and of administration; for settling the accounts of executors, administrators, and guardians, and for the transaction of business appertaining to estates; and the district courts shall have original and appellate jurisdiction and general control over the said inferior tribunals, and original jurisdiction and control over executors, administrators, guardians, and minors, under such regulations as may be prescribed by law. do solemnly swear, (or affirm,) that I will faithfully and The library also has a print copy of the first edition (1866). legislature; and two-thirds of the legislature shall have power to revoke and repeal all 1. public money shall be published annually, in such manner as shall be prescribed by law. Combined as a single state, Texas and Coahuila established a constitution in 1827. 2. nor have I sent or accepted a challenge to fight a duel with deadly weapons; nor have I That the general, great, and essential principles of liberty and free government may be recognised and established, we decare that. SEC. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases. 26. In case of vacancy, the judge of the district shall have the power to appoint a clerk until a regular election can be held. 15. renewed, or extended, with banking or discounting privileges. We, the people of the republic of Texas, acknowledging with gratitude the grace and beneficence of God, in permitting us to make a choice of our form of government, do, in accordance with the provisions of the joint resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this constitution. contracted by the legislature shall never exceed the sum of one hundred thousand dollars, SEC. SEC. several days in each house. The Texas Constitution of 1845 also created a public school system and established the Permanent School Fund. In all elections by the people, the vote shall be SEC. The governor shall nominate, and, by and with the advice and consent of two-thirds of the senate, appoint an attorney general, who shall hold his office for two years; and there shall be elected by joint vote of both houses of the legislature a district attorney for each district, who shall hold his office for two years; and the duties, salaries, and perquisites of the attorney general and district attorneys shall be prescribed by law. SEC. Until the first enumeration, as provided for by this constitution, the senatorial districts shall be as follows, to wit: The counties of Fannin and Lamar shall constitute the first district, and elect one senator; the counties of Red River and Bowie the second district, and elect one senator; the counties of Fannin, Lamar, Red River, and Bowie, conjointly, shall elect one senator; the county of Harrison, the third district, shall elect one senator; the counties of Nacogdoches, Rusk, and Houston, the fourth district, shall elect two senators; the counties of San Augustine and Shelby, the fifth district, shall elect one senator; the counties of Sabine and Jasper, the sixth district, shall elect one senator; the counties of Liberty and Jefferson, the seventh district, shall elect one senator; the counties of Robertson and Brazos, the eighth district, shall elect one senator; the county of Montgomery, the ninth district, shall elect one senator; the county of Harris, the tenth district, shall elect one senator; the county of Galveston, the eleventh district, shall elect one senator; the counties of Brazoria and Matagorda, the twelfth district, shall elect one senator; the counties of Austin and Fort Bend, the thirteenth district, shall elect one senator; the counties of Colorado and Fayette, the fourteenth district, shall elect one senator; the counties of Bastrop and Travis, the fifteenth district, shall elect one senator; the counties of Washington and Milam, the sixteenth district, shall elect one senator; the counties of Victoria, Gonzales, and Jackson, the seventeenth district, shall elect one senator; the county of Bexar, the eighteenth district, shall elect one senator; and the counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect one senator. thus offending, shall be deprived of holding any office of trust or profit under this and all district or county officers within their districts or counties; and shall keep The legislature shall provide in what cases 2. All suits at law and equity which may be depending in any of the courts of the republic of Texas prior to the organization of the State government under this constitution shall be transferred to the proper court of the State which shall have jurisdiction of the subject-matter thereof. SEC. 3. Every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, or who is, at the time of the adoption of this constitution by the Congress of the United States, a citizen of the republic of Texas, and shall have resided in this State one year next preceding an election, and the last six months with the district, county, city, or town in which he offers to vote, (Indians not taxed, Africans, and descendants of Africans, excepted,) shall be deemed a qualified elector; and should such qualified elector happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer: Provided, That the qualified electors shall be permitted to vote anywhere in the State for State officers: And provided further, That no soldier, seaman, or marine, in the army or navy of the United States, shall be entitled to vote at any election created by this constitution. Constitutional scholars consider it to have been one of the best state constitutions in the country. 11. The sheriff shall not be eligible more than four years in every six. SEC. 26. 16. Absence on the business of this State, or the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office under the exceptions contained in this constitution. The Texas Constitution of 1845. SEC. 10. 34. SEC. SEC. by this constitution; and shall not grant extra compensation to any officer, agent, English Text. 1. 36. 23. Table of Contents. The power of impeachment shall be vested in the House of Representatives. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of the general election; and the sessions of the legislature shall be biennial, at such times as shall be prescribed by law. SEC. 1836 Constitution of the Republic of Texas Page 3 of 11 fail to return a bill within five days (Sundays 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 adjournment. 10. The judicial powers of the government shall be vested in one supreme court, and such inferior courts as the congress may, from time to time, ordain and establish. 13. 14. SEC. 6. notes, or paper of any description intended to circulate as money. SEC. This was replaced when Texas achieved statehood by the Constitution of 1845, approved by both the people of Texas and the Congress of the United States. Oct 21, 2020 the constitution and laws of the republic of texas to which is added the state constitution of 1845 Posted By John CreaseyPublic Library TEXT ID 4992d8a9 Online PDF Ebook Epub Library Constitution Of The Republic Of South Africa 1996 3. SEC. The judges of the supreme and district courts shall be removed by the governor, on the address of two-thirds of each house of the legislature, for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment: Provided, however, That the cause or causes for which such removal shall be required shall be stated at length in such address, and entered on the journals of each house; And provided further, That the cause or causes shall be notified to the judge so intended to be removed; and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. SEC. SEC. 5. exercise any office of profit or trust under this State. A regular statement and account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed by law. the owner; nor in time of war, but in a manner prescribed by law. No law shall be revised or amended by 19. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. 17. The doors of each house shall be kept open. SEC. SEC. SEC. Treason against this State shall consist only in leying war against it, or in adhering to its enemies–giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. The validity of all bonds and recognizances, executed in conformity with the constitution and laws of the republic of Texas, shall not be impaired by the change of government, but may be sued for and recovered in the name of the governor of the State of Texas; and all criminal prosecutions or penal actions which shall have arisen prior to the organization of the State government under this constitution, in any of the courts of the republic of Texas, shall be prosecuted to judgment and execution in the name of said State. SEC. SEC. 6. Constitution of 1845. SEC. No bill of attainder, Ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made; and no person’s property shall be taken, or applied to public use, without adequate compensation being made, unless by the consent of such person. SEC. The seats of senators of the first class shall be vacated at the expiration of the first two years; and of the second class, at the expiration of four years; so that one half thereof shall be chosen biennially thereafter. SEC. SEC. SEC. 1. The supreme court shall consist of a chief justice and two associates, any two of whom shall form a quorum. The president for the time being of the Senate and speaker of the House of Representatives shall be elected from their respective bodies. But in case neither place voted for shall have the majority of the whole number of votes given in, then the governor shall issue his proclamation for an election to be holden in the same manner, on the first Monday in October, one thousand eight hundred and fifty, between the two places having the highest number of votes at the first election. The legislature shall provide for a change of In the trial of all causes in equity in the district court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law. The Constitution of the State of Texas is the document that describes the structure and function of the government of the U.S. state of Texas. Constitutional scholars consider it to have been one of the best-drafted state constitutions. The Constitution of Coahuila Y Tejas (1827) • Incorporated features from the Mexican and Spanish heritage of the state. All commissions shall be in the name, and by the authority, of the State of Texas, be sealed with the State seal, signed by the governor, and attested by the secretary of State. The returns of every election for governor, until otherwise provided by law, shall be made out, sealed up, and transmitted to the seat of government, and directed to the speaker of the House of Representatives, who shall during the first week of the session of the legislature thereafter, open and publish them in the presence of both houses of the legislature; the person having the highest number of votes, and being constitutionally eligible, shall be declared by the speaker, under the direction of the legislature, to be governor; but if two or more persons shall have the highest and an equal number of votes, one of them shall be immediately chosen governor by joint vote of both houses of the legislature. SEC. The Constitution of 1845 has been the most popular of all Texas constitutions. The supreme court shall appoint its own clerks, who shall hold their offices for four years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law. The current constitution is the seventh in Texas history. 19. 24. SEC. Texas, are and the same shall remain forever null and void. in common with her husband. The Republic of Texas was formed in 1836. The returns of said election to be transmitted to the governor by the first Monday in June. 15. [Note – Texas has a unique constitutional history starting with their first constitution in 1827 when they were part of Mexico. Constitutional scholars consider it to have been one of the best state constitutions in the country. He shall keep a fair register of all official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, or either house thereof; and shall perform such other duties as may be required of him by law. SEC. proposed amendments shall be duly published in the public prints of the State, at least Preamble Article I: Bill of Rights Article II: Division of the Powers of Government Article III: Legislative Department Article IV: Judicial Department Article V: Executive Department Article VI: Militia Texas became the 28th state in December 1845. 4. Sec. The duration of all offices not fixed by this constitution shall never exceed four years. 7. law, from forced sale, a certain portion of the property of all heads of families. SEC. Done in convention by the deputies of the people of Texas, at the city of Austin, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred and forty-five. SEC. Provided, That the term occupation shall not be construed to apply to pursuits 21. Constitution of 1845. Texas’ Constitution. the citizens of this State, voting for representatives, have voted in favor of such divested; nor shall any rights or actions which have been divested, barred, or declared 32. SEC. Laws shall also be passed providing for the registration of SEC. appropriation for private or individual purposes, or for purposes of internal • Extension of the Mexican political system. Justices of the peace shall have such civil and criminal jurisdiction as shall be provided for by law. And if, during the vacancy of the office of governor, the lieutenant governor shall die, resign, refuse to serve, or be removed from office, or be unable to serve, or he shall be impeached, or absent from the State, the president of the Senate for the time being shall in like manner administer the government until he be superseded by a governor or lieutenant governor; the lieutenant governor shall, whilst he acts as president of the Senate, receive for his services the same compensation which shall be allowed to the speaker of the House of Representatives, and no more; and during the time he administers the government as governor, shall receive the same compensation which the governor would have received had he been employed in the duties of his office, and no more. SEC. officers shall continue to perform the duties of their offices, until their successors The Constitution of 1845, which provided for the government of Texas as a state in the United States, was almost twice as long as the Constitution of the Republic of Texas. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the governor of the State of Texas. Impeachments of the governor, lieutenant governor, attorney general, secretary of state, treasurer, comptroller, and of the judges of the district courts, shall be tried by the Senate. SEC. 8. The lieutenant governor shall, by virtue of the his office, be president of the Senate, and have, when in committee of the whole, a right to debate and vote on all questions, and when the Senate is equally divided, to giving the casting vote.