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. 24. 32. And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. and all district or county officers within their districts or counties; and shall keep The election shall be conducted in conformity with the existing laws regulating elections; and the chief justices of the several counties shall carefully and promptly make duplicate returns of said polls, one of which shall be transmitted to the secretary of State of the republic of Texas, and the other deposited in the clerk’s office of the county court. SEC. austin: printed by john marshall, state printer, 1861. 23. No power of suspending laws in this State shall be exercised, except by the legislature or its authority. SEC. 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.”. SEC. for deductions from the salaries of public officers who may neglect the performance of SEC. SEC. The supreme court shall have appellate jurisdiction only, which shall be coextensive with the limits of the State; but in criminal cases, and in appeals from interlocutory judgments, with such exceptions and under such regulations as the legislature shall make; and the supreme court and judges thereof shall have power to issue the writ of habeas corpus, and under such regulations as may be prescribed by law, may issue writs of mandamus, and such other writs as shall be necessary to enforce its own jurisdiction; and also compel a judge of the district court to proceed to trial and judgment in a cause; and the supreme court shall hold its sessions once every year, between the months of October and June inclusive, at not more than three places in the State. SEC. 23. 21. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and to apply to those invested with the power of government for redress of grievances, or other purposes, by petition, address, or remonstrance. SEC. 3. State. 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. Electors in all cases shall be privileged from arrest during their attendance at elections, and in going to and returning from same; except in cases of treason, felony, or breach of the peace. do solemnly swear, (or affirm,) that I will faithfully and partially discharge and perform all the duties incumbent on me as ——, according to the best of my skill and ability, agreeably to the constitution and laws of the United States, and of this State; and I do further solemnly swear, (or affirm,) that since the adoption of this constitution by the Congress of the United States, I, being a citizen of this State, have not fought a duel with deadly weapons within this State, nor out of it; nor have I sent or accepted a challenge to fight a duel with deadly weapons; nor have I acted as second in carrying a challenge, or aided, advised, or assisted any person thus offending–so help me God.”. SEC. 31. 28. The style of all laws shall be, “Be it enacted by the legislature of the State of Texas.”. 34. 4. The legislature, whenever two-thirds of each the citizens of this State, voting for representatives, have voted in favor of such SEC. made for a longer term than two years, except for purposes of education; and no Justices of the peace shall have such civil and criminal jurisdiction as shall be provided for by law. 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. be supported by laws regulating elections, and prohibiting, under adequate penalties, all SEC. Laws shall also be passed providing for the registration of the wife’s separate property. The legislature shall have power to lay an income tax, and to tax all persons pursuing any occupation, trade, or profession: Provided, That the term occupation shall not be construed to apply to pursuits either agricultural or mechanical. 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. 1. 3. There shall be a seal of the State, which shall be kept by the governor, and used by him officially. supreme and district courts are hereby fixed at the minimum established in the given or offered a bribe to procure his election or appointment. ... More information about text formats. SEC. be part owner of the stock or property belonging to any corporation. 19. SEC. the inhabitants of such new county or counties: Provided, That no new county shall SEC. They may pass laws to prevent slaves from being brought into this State as merchandise only. SEC. article 8. taxation and revenue. leying war against it, or in adhering to its enemies--giving them aid and comfort; and no All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills. 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. law for exempting from taxation two hundred and fifty dollars' worth After the Texas voters ratified secession from the Union on February 23, 1861, the Secession Convention reconvened. 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. under any foreign power, shall be eligible as a member of the legislature, or hold or 3. 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. off of less contents. The legislature shall provide by law for the In case of disagreement between the two houses with respect to adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the legislature. this State, have not fought a duel with deadly weapons within this State, nor out of it; SEC. SEC. Established as a federal republic, each state could write its own constitution. 1. Provided, That nothing in this section shall be so construed as to affect the 149. The returns of said election to be transmitted to the governor by the first Monday in June. Bowie,) unless by consent of two-thirds of the legislature; nor shall any county be laid SEC. Absence on the business of this State, or the Sec. 9- The United States Congress approved the Texas state constitution, and Polk signed the act admitting Texas as a state on December 29, 1845. The declaration of independence was written by George Childress and modeled after the United States Constitution. 11. Every person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment. And in no case shall the legislature have the power to issue treasury warrants, treasury notes, or paper of any description intended to circulate as money. ascertained as directed by law; except such property as two-thirds of both houses of the In all elections by the people, the vote shall be by ballot, until the legislature shall otherwise direct; and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers. such election and before another, ratify the same amendments by yeas and nays, they shall 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. 3. States, and of this State; and I do further solemnly swear, (or affirm,) that since the The legislature shall provide for a change of venue in civil and criminal cases, and for the erection of a penitentiary, at as early a day as practicable. Texas was able to take more care when drafting its first state constitution. Under this constitution, legislative power was delegated to a unicameral legislature composed of twelve deputies, including two elected from Texas by popular vote. 5. 10. At the outbreak of the Civil War, the Secession Convention met in Austin and modified the Constitution of 1845 to reflect Texas… SEC. The rights of property and of action, which have been acquired under the constitution and laws of the republic of Texas, shall not be divested; nor shall any rights or actions which have been divested, barred, or declared null and void by the constitution and laws of the republic of Texas, be re-invested, revived, or re-instated by this constitution; but the same shall remain precisely in the situation [in] which they were … SEC. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. No money shall be drawn from the treasury but in pursuance of specific appropriations made by law; nor shall any appropriation of money be made for a longer term than two years, except for purposes of education; and no appropriation for private or individual purposes, or for purposes of internal improvement, shall be made without the concurrence of two-thirds of both houses of the legislature. constitution, the laws, civil and criminal, shall be revised, digested, arranged, and SEC. No person shall hold or exercise at the same time more than one civil office of emolument, except that of justice of the peace. 5. SEC. No divorce shall be granted by the legislature. SEC. SEC. SEC. venue in civil and criminal cases, and for the erection of a penitentiary, at as early a 18. acted as second in carrying a challenge, or aided, advised, or assisted any person thus individuals from issuing bills, checks, promissory notes, or other paper, to circulate as SEC. SEC. SEC. SEC. SEC. SEC. It was approved on January 16, 1850, and provided for the election of state officials formerly appointed by the governor or by the legislature. 17. SEC. 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. time more than one civil office of emolument, except that of justice of the peace. 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. 24. He may, by proclamation, on extraordinary occasions, convene the legislature at the seat of government, or at a different place, if that should be in the actual possession of a public enemy. What was the only amendment to the 1845 Constitution of Texas? 30. SEC. SEC. The State Constitution of 1845. SEC. it shall be taken, to a less area than nine hundred square miles, (except the county of and the buying or selling of lottery tickets within this State is prohibited. When Texas ceased to be an independent republic and joined the United States, a new constitution was necessary. The legislature shall provide in what cases SEC. 7. SEC. Every law enacted by the legislature shall SEC. No lottery shall be authorized by this State; SEC. 1845 CONSTITUTION OF THE STATE OF TEXAS. SEC. SEC. No licensed minister of the gospel shall be required to perform military duty, work on roads, or serve on juries in this State. 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 SEC. The le… SEC. SEC. 1. 13. The legislature shall prohibit, by law, 10. SEC. Texas, do ordain and establish this Constitution. The privilege of free suffrage shall The Texas Constitution also specifies the right to a republican government, and the bill of rights appears as Article 1 of the constitution. The Texas Constitution of 1845 also created a public school system and established the Permanent School Fund. The Constitution of 1845 was also heavily influenced by Jacksonian Democracy, a political philosophy named for the democratization policies implemented by President Andrew Jackson during the 1830s to 1850s. SEC. In all elections by the people, the vote shall be ARTICLE IV. 3. SEC. 13. any office of trust or profit in this State, who shall have been convicted of having SEC. SEC. reference to its title; but in such case, the act revised, or section amended, shall be contains constitutional rights not found in the U.S. constitution such as victims' rights and efficient public schools. in common with her husband. 20. 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. 16. SEC. exercising any office of profit or trust under the United States, or either of them, or Richard Ellis was elected president of the convention and Herbert S. Kimble secretary. 10. private corporations, by making compensation for the franchise; and the State shall not 3. null and void by the constitution and laws of the republic of Texas, be re-invested, SEC. 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 Preamble. partially discharge and perform all the duties incumbent on me as ------, according to Accessibility, Federal Constitution of the United Mexican States (1824) - English text, Federal Constitution of the United Mexican States (1824) - Spanish text, Constitution of the State of Coahuila and Texas (1827) - English text, Constitution of the State of Coahuila and Texas (1827) - Spanish text, Constitution or Form of Government of the State of Texas (1833), Declaration of the People of Texas (1835) - English text, Declaration of the People of Texas (1835) - Spanish text, Declaration, with Plan and Powers of the Provisional Government of Texas (1836), Constitution of the Republic of Texas (1836), Constitution des Staates Texas (1845) - German text, Constitution del Estado de Tejas (1845) - Spanish text, Constitution of the State of West Texas (1868). The district court shall have original jurisdiction of all criminal cases, of all suits in behalf of the State to recover penalties, forfeitures and escheats, and of all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to one hundred dollars, exclusive of interest; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and give them a general superintendence and control over inferior jurisdictions; and in the trial of all criminal cases, the jury trying the same shall find and assess the amount of punishment to be inflicted, or fine imposed; except in capital cases, and where the punishment or fine imposed shall be specifically imposed by law. 4. undue influence thereon from power, bribery, tumult, or other improper practice. SEC. The legislature shall provide in what cases officers shall continue to perform the duties of their offices, until their successors shall be duly qualified. claims of persons against the republic of Texas, heretofore existing. 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. SEC. The legislature shall have power to contracted by the legislature shall never exceed the sum of one hundred thousand dollars, SEC. 19. printed by order of the convention and the senate. SEC. 12. Constitution of the State of Texas, adopted in Convention, at the City of Austin 1845. 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. 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. SEC. 14. 22. 15. 11. SEC. SEC. Nine years later, Texas was able to take more care when drafting its first state constitution. SEC. SEC. the constitution and laws of the republic of texas to which is added the state constitution of 1845 Oct 08, 2020 Posted By Georges Simenon Public Library TEXT ID e99a19ad Online PDF Ebook Epub Library state constitutions 1861 1866 1869 and 1876 their current constitution is based upon the 1876 constitution and had been amended 483 times since then constitution of the 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. 19. embrace but one object, and that shall be expressed in the title. The rights of property and of action, which FREEDOM AND SOVEREIGNTY OF STATE. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. pursuance of specific appropriations made by law; nor shall any appropriation of money be 19. The duration of all offices not fixed by this constitution shall never exceed four years. SEC. exceptions contained in this constitution. The convention assembled on July 4, 1845. 2. The judicial power of this State shall be vested in one supreme court, in district courts, and in such inferior courts as the legislature may from time to time ordain and establish; and such jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by law. In voting for governor and lieutenant governor, the electors shall distinguish for whom they vote as governor, and for whom as lieutenant governor. 8. The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.. homestead of a family, not to exceed two hundred acres of land, (not included in a town 14. SEC. Search for: Constitution of 1869. 4. 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. of out of it, or who shall act as second, or knowingly aid and assist in any manner those Attest: JAMES H. RAYMOND, Secretary of the Convention. 34. The current document was adopted on February 15, 1876, and is the seventh constitution in Texas history (including the Mexican constitution) . the texas constitution. 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. 35. 10. 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