9. The convention assembled on July 4, 1845. After the Texas voters ratified secession from the Union on February 23, 1861, the Secession Convention reconvened. money. No money shall be drawn from the treasury but in In case of vacancy, the judge of the district shall have the power to appoint a clerk until a regular election can be held. The governor shall hold his office for the term of two years from the regular time of installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be citizen of the United States, or a citizen of the State of Texas, at the time of the adoption of this constitution, and shall have resided in the same three years immediately preceding his election. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed upon a free white person, and on the like proof, except in case of insurrection by such slave. SEC. That no inconvenience may arise from a change of separate national government to a State government, it is declared that all process which shall be issued in the name of the republic of Texas prior to the organization of the State government under this constitution shall be as valid as if issued in the name of the State of Texas. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title. 1. Treason against this State shall consist only in The governor shall be elected by the qualified electors of the State at the time and places of elections for members of the legislature. Since that time, they have had four newer state constitutions, 1861, 1866, 1869 and 1876. The style of all writs and process shall be “the State of Texas.” All prosecutions shall be carried on “in the name and by the authority of the State of Texas,” and conclude “against the peace and dignity of the State.”. In the midst of the Texas Revolution, Texan settlers elected delegates to the Convention of 1836, which issued the Texas Declaration of Independence and elected David G. Burnet as interim president of the new country. SEC. SEC. SEC. THE TEXAS CONSTITUTION Statute text rendered on: 11/13/2020 - 2 - prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. 21. The legislature, whenever two-thirds of each shall be duly qualified. A State treasurer and comptroller of public accounts shall be biennially elected by the joint ballot of both houses of the legislature; and in case of vacancy in either of said offices during the recess of the legislature, such vacancy shall be filled by the governor, which appointment shall continue until the close of the next session of the legislature thereafter. The Constitutional Convention of 1868–69, called in compliance with the Congressional Reconstruction Acts of 1867, broke up without completing a constitution. 15. 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. Combined as a single state, Texas and Coahuila established a constitution in 1827. 17. SEC. Established as a federal republic, each state could write its own constitution. SEC. 27. This site is a collaborative project of the Texas State Historical Association and numerous partners. off of less contents. 3. The Constitution of the Republic of Texas was the supreme law of Texas from 1836 to 1845.. On March 2, 1836, Texas declared itself an independent republic because of a lack of support in the United States for the Texas Revolution. 10. 13. SEC. Adopted just before annexation, the Constitution of 1845 set forth Texas law in a simple and straightforward manner. No divorce shall be granted by the legislature. SEC. undue influence thereon from power, bribery, tumult, or other improper practice. The governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the services of the United States. SEC. SEC. Thomas Jefferson Rusk was elected president of the convention, and James H. Raymond was secretary. Austin: Printed at the Office of the ‘New Era’, 1845. 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. quartered in the house or within the enclosure of any individual, without the consent of Members of the legislature, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation: “I (A. The returns for members of the legislature of this State shall be made to the department of State of this republic; and those for governor and lieutenant governor shall be address to the speaker of the House of Representatives, endorsed “election returns of —- county, for governor,” and directed to the Department of State; and should, from any clause whatever, the chief justices of counties fail to cause to be holden any of the polls or elections provided for by this constitution, at the times and places herein directed, the people of the precincts where such failure exists are hereby authorized to choose managers, judges, and other officers, to conduct said elections. He shall take care that the laws he faithfully executed. 1836 CONSTITUTION OF THE REPUBLIC OF TEXAS AS AMENDED Page 3 of 13. public money shall be published annually, in such manner as shall be prescribed by law. Convention delegates believed it their duty to direct the transition of Texas from a state in the United States to one of the Confederate States of America. The current constitution is the seventh in Texas history. The doors of each house shall be kept open. Each of the settlements of Texas was represented by delegates elected one month earlier. The House of Representatives, when assembled, shall elect a speaker and its other officers; and the Senate shall choose a president for the time being, and its other officers. 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. titles to land, which are declared null and void by the constitution of the republic of affirmation: "I (A. There shall be a secretary of State, who shall be appointed by the governor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the governor elect. 2. They shall have full power to pass laws which will oblige the owners of slaves to treat them with humanity; to provide for their necessary food and clothing; to abstain from all injuries to them, extending to life or limb; and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves taken from such owner and sold for the benefit of such owner or owners. 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. the inhabitants of such new county or counties: Provided, That no new county shall The duration of all offices not fixed by this wife, in such manner as the legislature may hereafter point out. 29. 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. 21. 30. Nominations to fill all vacancies that may have occurred during the recess, shall be made to the Senate during the first ten days of its session. SEC. defining the rights of the wife in relation as well to her separate property as that held 33. Article II: Division of the Powers of Government. 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. No corporate body shall hereafter be created, time more than one civil office of emolument, except that of justice of the peace. It shall be the duty of the legislature to pass such laws as may be necessary and proper to decide differences by arbitration, when the parties shall elect that method of trial. SEC. Each member of the legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall be made. • Extension of the Mexican political system. 26. SEC. 35. Justices of the peace, sheriffs, and coroners, shall be commissioned by the governor. Every bill presented to the governor one day previous to the adjournment of the legislature, and not returned to the house in which it originate before its adjournment, shall become a law, and have the same force and effect as if signed by the governor. SEC. After a bill or resolution has been rejected by either branch of the legislature, no bill or resolution containing the same substance shall be passed into a law during the same session. Laws shall also be passed providing for the registration of the wife’s separate property. The ordinance passed by the convention on the fourth day of July, assenting to the overtures for the annexation of Texas to the United States, shall be attached to this constitution and form a part of the same. All bills, acts, orders, or resolutions to three months before the next general election of representatives, for the consideration Text to Search for: The Search feature looks for several variations of the word or phrase you enter. SEC. it shall be taken, to a less area than nine hundred square miles, (except the county of servant, or public contractor, after such public service shall have been performed, or SEC. SEC. 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. Includes text of the Texas Constitution as of 1836 (p. 31), 1845 (p. 47), and 1866 (p. 929). legislature; and two-thirds of the legislature shall have power to revoke and repeal all SEC. SEC. unless the bill creating it shall be passed by two-thirds of both houses of the any duty that may be assigned them by law. The assessor and collector of taxes shall be The appointing power may make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment. The U.S. Constitution has only been amended 27 times and 10 of those amendments (the Bill of Rights) were part of the founding document. All civil officers shall reside within the State, and all district or county officers within their districts or counties; and shall keep their officers at such places therein as may be required by law. UT Law | 16. 13. SEC. law for exempting from taxation two hundred and fifty dollars' worth The Texas Constitution of 1845. SEC. SEC. contracted by the legislature shall never exceed the sum of one hundred thousand dollars, No lottery shall be authorized by this State; and the buying or selling of lottery tickets within this State is prohibited. 9. 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. SEC. SEC. Texas became the 28th state in December 1845. Also available in print in the library's archive. SEC. Adopted just before annexation, the Constitution of 1845 set forth Texas law in a simple and straightforward manner. The legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support by taxation on property; and it shall be the duty of the legislature to set apart no less than one-tenth of the annual revenue of the State derivable from taxation as a perpetual fund, which fund shall be appropriated to the support of free public schools; and no law shall ever be made diverting said fund to any other use; and, until such time as the legislature shall provide for the establishment of such schools in the several districts of the State, the fund thus created shall remain as a charge against the State, passed to the credit of the free common school fund. 2. 2. SEC. constitution, and shall not be increased for ten years. 2. 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. 5. 12. 14. Constitution of the State of Texas, adopted in Convention, at the City of Austin 1845. serving on juries, and from the right of suffrage, those who shall hereafter be convicted 1. 2. No divorce shall be granted by the 2. There shall also be a lieutenant governor, who shall be chosen at every election for governor, by the same persons and in the same manner, continue in office for the same time, and possess the same qualifications. 3. The legislature shall, at the first session The duration of all offices not fixed by this constitution shall never exceed four years. The assessor and collector of taxes shall be appointed in such manner and under such regulations as the legislature may direct. SEC. SEC. The Constitution of Coahuila Y Tejas (1827) • Incorporated features from the Mexican and Spanish heritage of the state. The powers of the government of the State of Texas shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another; and no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. SEC. 6. Texas, do ordain and establish this Constitution. Constitution Of 1845 TEXT #1 : Introduction The Constitution And Laws Of The Republic Of Texas To Which Is Added The State Constitution Of 1845 By Frank G. Slaughter - Jul 26, 2020 * Free eBook The Constitution And Laws Of The Republic Of Texas To Which Is Added The State Constitution Of 1845 *, this volume showcases the fruits of the [easy-social-share buttons="facebook,twitter,reddit" sharebtn_style="icon" counters=0 style="icon" template="33" point_type="simple"], Presidential Addresses, Messages & Executive Orders. SEC. SEC. In order to settle permanently the seat of government, an election shall be holden throughout the State, at the usual places of holding elections, on the first Monday in March, one thousand eight hundred and fifty, which shall be conducted according to law; at which time the people shall vote for such place as they may see proper, for the seat of government. 6. proposed amendments, and two-thirds of each house of the next legislature shall, after Download PDF. adoption of this constitution, fight a duel with deadly weapons, either within the State SEC. SEC. 5. SEC. Every order, resolution, or vote, to which the concurrence of both houses of the legislature may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it shall take effect, by approved by him; or, being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill. SEC. The very first Constitution of the State of Texas was ratified in 1845 upon annexation in the Union. SEC. 23. Article III: Legislative Department. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. 16. SEC. 22. of out of it, or who shall act as second, or knowingly aid and assist in any manner those Until the first enumeration and apportionment under this constitution, the following shall be the apportionment of representatives amongst the several counties, viz: The county of Montgomery shall elect four representatives; the counties of Red River, Harrison, Nacogdoches, Harris, and Washington, shall elect three representatives each; the counties of Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine, Liberty, Robertson, Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales, and Bexar, two representatives each: the counties of Jefferson, Jasper, Brazos, Milam, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio, Goliad, and San Patricio, one representative each. SEC. Texas, do ordain and establish this Constitution. The legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by indictment or otherwise. 6. Print versions of the Texas Constitution may be found in A Compilation and Analysis of the 1998 Texas Constitution and the Original 1876 Text, located in the library at call number KFT1601 1876 .A6 A54 1998, and in Vernon's Annotated Constitution of the State of Texas, located at call number KFT 1230 1925 .A4 A1. 5. The U.S. Constitution is exceedingly difficult to amend, but the document’s structure makes frequent amendment unnecessary. All elections by the people shall be held at such time and places in the several counties, cities, or towns as are not, or may hereafter be, designated by law. All free male persons over the age of twenty one years, (Indians not taxed, Africans, and descendants of Africans, excepted,) who shall have resided six months in Texas immediately preceding the acceptance of this constitution by the Congress of the United States, shall be deemed qualified electors. 11. SEC. SEC. 3. 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. 5. revived, or re-instated by this constitution; but the same shall remain precisely in the The governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of notaries public, not exceeding six for each county, who, in addition to such duties as are prescribed by law, shall discharge such other duties as the legislature may, from time to time, prescribe. No person holding the office of governor shall hold any other office or commission, civil or military. SEC. 32. 22. When Texas ceased to be an independent republic and joined the United States, a new constitution was necessary. 2. person shall be convicted of treason unless on the testimony of two witnesses to the same officers shall continue to perform the duties of their offices, until their successors The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836 Constitution of the Republic of Texas, and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. Stephen F. Austin conferred with the Mexican leaders who framed the Constitution of 1824, and Juan José María Erasmo Seguín represented Texas in the constituent assembly; the farmers of Austin's colony contributed several hundred bushels of corn to help pay Seguín's expenses. SEC. The Convention of 1845 was called by Anson Jones to meet in Austin to consider the joint resolution of the United States Congress proposing the annexation of the Republic of Texas to the United States. entitled by numbers to the right of separate representation. except in case of war, to repel invasions, or suppress insurrections; and in no case the ordinances of the texas convention: and an address to the people of texas. As part of that duty they amended the Constitution of 1845. 7. Taxation shall be equal and uniform throughout 1. SEC. SEC. 1. SEC. SEC. 11. The le… SEC. 6. election which shall be thus holden, to open a p/oll for, and make a return to the SEC. the State. When a senatorial district shall be composed of two or more counties, it shall not be separated by any county belonging to another district. 28. The legislature shall have power to provide by law for exempting from taxation two hundred and fifty dollars’ worth of the household furniture, or other property belonging to each family in this State. constitution shall never exceed four years. No member of Congress nor person holding or 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 37. That the general, great, and essential principles of liberty and free government may be recognised and established, we decare that. 9. HTML and PDF formats. SEC. 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 … Only one amendment was ever made to the Constitution of 1845. 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