SEC. Each of the settlements of Texas was represented by delegates elected one month earlier. SEC. Constitutional scholars consider it to have been one of the best state constitutions in the country. 29. 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. The sheriff shall not be eligible more than four years in every six. article 8. taxation and revenue. 11. 10. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the unalienable right to alter, reform, or abolish their form of government, in such manner as they may think expedient. the owner; nor in time of war, but in a manner prescribed by law. 3. unless the bill creating it shall be passed by two-thirds of both houses of the 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. The legislature shall have power to provide for deductions from the salaries of public officers who may neglect the performance of any duty that may be assigned them by law. SEC. 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 Dean Koontz - Jul 24, 2020 ## Last Version The Constitution And Laws Of The Republic Of ... adopted on february 15 1876 and is the seventh constitution in texas history including the mexican 9. 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. Taxation shall be equal and uniform throughout SEC. 11. 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. Only one amendment was ever made to the Constitution of 1845. 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. States, and of this State; and I do further solemnly swear, (or affirm,) that since the No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. 12. 6. SEC. printed by order of the convention and the senate. SEC. No person shall ever be imprisoned for debt. 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 before the adoption of this constitution. given or offered a bribe to procure his election or appointment. 5. the said proposed amendments shall, at each of the said sessions, have been read on three 1845 CONSTITUTION OF THE STATE OF TEXAS. The governor shall be elected by the qualified electors of the State at the time and places of elections for members of the legislature. SEC. 14. SEC. SEC. SEC. 32. SEC. SEC. Within five years after the adoption of this constitution, the laws, civil and criminal, shall be revised, digested, arranged, and published in such manner as the legislature shall direct; and a like revision, digest, and publication shall be made every ten years thereafter. Nine years later, Texas was able to take more care when drafting its first state constitution. All fines, penalties, forfeitures and escheats, which have accrued to the republic of Texas under the constitution and laws, shall accrue to the State of Texas; and the legislature shall, by law, provide a method for determining what lands may have been forfeiture or escheated. 9. 1. 14. Texas became the 28th state in December 1845. Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as president of the Senate, the Senate shall elect one of their own members as president for the time being. by ballot, until the legislature shall otherwise direct; and in all elections by the the citizens of this State, voting for representatives, have voted in favor of such SEC. Their current constitution is based upon the 1876 constitution and had been amended 483 times since then.]. 5. The current constitution is the seventh in Texas history. No divorce shall be granted by the legislature. The legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by indictment or otherwise. Within five years after the adoption of this In case of the death, resignation, removal from office, inability or refusal of the governor to serve, or of his impeachment or absence from the State, the lieutenant governor shall exercise the power and authority appertaining to the governor until another be chosen at the periodical election and be duly qualified, or until the governor impeached, absent, or disabled, shall be acquitted, return, or his disability be removed. All public lands which have been heretofore, or may hereafter be granted for public schools, to the various counties, or other political divisions in this State, shall not be alienated in fee, nor disposed of otherwise than by lease, for a term not exceeding twenty years, in such manner as the legislature may direct. shall any amount be borrowed except by a vote of two-thirds of both houses of the The style of all laws shall be, “Be it enacted by the legislature of the State of Texas.”. 9- The United States Congress approved the Texas state constitution, and Polk signed the act admitting Texas as a state on December 29, 1845. 13. 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 formof government, do in accordance with the provisions of the Joint Resolution for annexing Texas to the United States, approved March 1st, one thousand eighthundred and forty-five, ordain and establish this … In all causes arising out of a contract, before any inferior judicial tribunal, when the amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application to the presiding officer, have the right of trial by jury. SEC. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great; but this provision shall not be so construed as to prohibit bail after indictment found, upon an examination of the evidence by a judge of the supreme or district court, upon the return of a writ of habeas corpus, returnable in the county where the offence is committed. No person holding the office of governor shall hold any other office or commission, civil or military. The supreme court shall consist of a chief justice and two associates, any two of whom shall form a quorum. SEC. the inhabitants of such new county or counties: Provided, That no new county shall 16. 1836 CONSTITUTION OF THE REPUBLIC OF TEXAS AS AMENDED Page 3 of 13. SEC. 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 legislature shall provide in what cases officers shall continue to perform the duties of their offices, until their successors shall be duly qualified. for deductions from the salaries of public officers who may neglect the performance of 35. No person shall hold or exercise at the same SEC. THE TEXAS CONSTITUTION OF 1845 August 28, 1845 From United States, Twenty-ninth Congress, First Session, House Executive Document, No. exceptions contained in this constitution. 1. 30. Constitution of the State of Texas, adopted in Convention, at the City of Austin 1845. 11. 32. 28. 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. 18. constitution shall never exceed four years. 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. public money shall be published annually, in such manner as shall be prescribed by law. 24. 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. 18. All claims, locations, surveys, grants, and titles to land, which are declared null and void by the constitution of the republic of Texas, are and the same shall remain forever null and void. The next constitution was enacted in 1836 for the independent Republic of Texas. SEC. 33. pass such laws as may be necessary and proper to decide differences by arbitration, when 27. A regular statement and account of the receipts and expenditures of all The senators shall be chosen by the qualified electors for the term of four years; and shall be divided by lot into two classes, as nearly equal as can be. • Laws were published in Spanish. The Constitution of 1845 has been the most popular of all Texas constitutions. SEC. any amount of money out of the treasury of the State to any individual, on a claim real thus offending, shall be deprived of holding any office of trust or profit under this 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. SEC. There shall be a seal of the State, which shall be kept by the governor, and used by him officially. SEC. The legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto. 2. SEC. 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. No private corporation shall be created, their officers at such places therein as may be required by law. SEC. SEC. Established as a federal republic, each state could write its own constitution. SEC. SEC. SEC. 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. 29. Each house may punish, by imprisonment during the session, any person, not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings, provided such imprisonment shall not, at any one time, exceed fourty-eight hours. of the household furniture, or other property belonging to each family in this State. The fledgling republic’s existence had spanned nine years, eleven months, and seventeen days. SEC. 18. The legislature shall have power to protect by Constitution of 1845. 3. The legislature shall have power to shall be considered as part of the county or counties from which it was taken, until Adopted just before annexation, the Constitution of 1845 set forth Texas law in a simple and straightforward manner. Ministers of the gospel being, by their profession, dedicated to God, and the care of souls, ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatever, shall be eligible to the legislature. If the lieutenant governor shall be required to administer the government, and shall, whilst in such administration, die, resign, or be absent from the State during the recess of the legislature, it shall be the duty of the secretary of State to convene the Senate for the purpose of choosing a president for the time being. 17. 2. three months before the next general election of representatives, for the consideration The U.S. Constitution is exceedingly difficult to amend, but the document’s structure makes frequent amendment unnecessary. it shall be taken, to a less area than nine hundred square miles, (except the county of Part of the Tarlton Law Library/Jamail Center for Legal Research's Texas Constitutions 1824-1876 digital collection. election which shall be thus holden, to open a p/oll for, and make a return to the The legislature shall prohibit, by law, individuals from issuing bills, checks, promissory notes, or other paper, to circulate as money. 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