The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-10-01
OF THE STATE OF TEXAS ADOPT.
ED IN CONVENTION. AT THE CITY OF AUSTIN.

CONSTITUTION OF THE STATE or TEXAS ADOPT.
ED IN CONVENTION. AT THE CITY OF AUSTIN.
1885
We, the people Of the republic of Texas, acknowl-
edging with gratitude the grace and bcnefcence Of
God in permitting US TO make choice Of our form
Of government, do, in accordance with the pro-
visions OF the joint resolution for annexng Texas
to the United States, approved March first, ono
thousand eight hundred and forty-fve, ordain and
establish this constitution
ARTICLE FIRST.
Bill ofryhts.
That the general great, and essential principles Of
liberty and free government may be recognised
and established, we declare that
SEC. l. All political power is inherent in the Peo-
pie. and all free governments are founded on their
authority and instituted for their bcneht and they
have at ali times the unalienable right TO alter, REFORM
or abolish their form Of government, IN such manner
as they my think expedient
SEC g. All freemen, when they form q social
compact, have equal rights; and no man, or set of
men, is entitled exclusive, separate, public emol-
uments or privileges, but in consideration of public
services. own sgesy9e N HtI
SIC. 3. No religious test shall ever be required
qualification TO any Office or public trust in this
Stair.
SIC. 4, All men have natural and indcfeasible
right to worship God according TO the dictates of
their own consciences; no man shall be compelled
TO attend, erect, or support any place Of worship,
or to maintain any ministry against his consent; no
human authority ought, in any case whatever, to
control interfere with the rights Of conscience in
matters Of religion, and no preference shall ever be
given by law to any religious societies modes of
worship. But il shall be the duty of the legislature
10 pass such laws as shall be necessary to protect,
every religious denomination in the peaceable en-
ioyment Of their own mode of public worship.
SEC. s. Every citizen shall be at liberty TO speak,
LIZ.
responsible for the abuse of that privilege; and
law shall ever be passed curtailing the liberty Of
speech or Of the press.
SEC. 6. In prosecutions for the publication of pa
pers investigating the official conduct Of officers,
men 10 public capacity, Or where the matter pub
thereof may be given in evidence. And in all in
dictments for libels the jury shall have right to
determine the law and the facts under the direction
of the court, as in other cases.
SEC. Z. The people shall be secure in their per-
sons houses, papers, and possessions, from all un-
reasonable seizures or searches; and warrant to
search any place, or to seize any person or thing,
shall ISSUE without describing them as near as may
be, nor without probable cause, supported by oath
or affirmation.
SEC. 8. In all criminal prosecutions, the accused
shall have speedy public trial, by an impartial ju-
against himself; he shall have the right of being
heard by himself or counsel, or both; shall be con-
froned with the Witnesses against him, and shall have
compulsory process for obtaining witnesses in his
favor; and person shall be holden TO answer for
any criminal charge, but on indictment informa-
ton, except in caseg arising in the land or naval
forces, or offences against the laws regulating the
militia.
SEC. 8. All prisoners shall he baiable by sufi-
cient sureties, unless for capital Offences when the
proof is evident or the presumption great; but this
provision shall not be so construed to prohbi,
bail after indictment found, upon examination OF
the evidence by judge of the supreme or district
court upon the return of the writ of habeas corpus
returnable in the county where the offence is com
mittcd.
SIC. 10. The privilege of the writ of habeas cor.
pus shall not be suspended, except when, in case Of
rebellion or invasion, the public safety may re-
quire il
SIC. III. Excessive bail shall not be required, nor
excessive fines imposed, nor cruel or unusual pun
ishment inflicted. All courts shall be open; and cv-
cry person, for an injury done him in his lands,
goods, person, or reputation, shall have remedy by
due course Of law.
SEC IL, No person, for the same offence, shall be
twice put in jeopardy Of life limb; nor shall a
person be again put upon trial for the offence
after verdict Of not guilty; and the right of tria
{ by jury shall remain inviolate.
SIC. 10. Every citizen shall have the right tc
keep and bear arms in the lawful defence Of himself
and the State.
sEc. IA. No bill Of at.ainder, Elk post fac,o law
I0IlOdCuv0 INV, VI any law IIlpdlTiDS the ODgAuOT
OF contracts, shall be made; and no persons prop
erty shall be taken or applied to public use, with
out adequate compensation being made, unless BY
the consent Of such person.
SIC. Is. No person shall ever be imprisoned fol
debt.
SEC. 49, No citizen Of this State shall be deprived
of life, liberty, property, privileges, outlawed
exilcd, or in any manner disfranchised, except by
due course Of the law of the land.
SEC. II. The military shall at all times he subor.
dina.e to the civil authority.
SEC. 10. Perpetuites and monopolies are contra.
ry to the genius Of free government, and shan
be allowed; nor shall the law Of prmogeniture OF
entaments ever be in force in this State.
SEC 10. 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 powers Of government for redress Of grievances
or other purposes, by petition, address, or remon
STRANGE.
SEC. 20. No power Of suspending laws in thi.
State shall be exercised, except by the legislature
its authority.
SEC. 81. To guard against traneressions of III,
high powers herein delegated, we declare that eve
rything in this "bll of rights" is excepted out of h,
general powers of government, and shall forever re
main inviolate; and oil laws contrary thereto or tc
the following provisions, shall be void.
SECTION ]. The powers of the government of III,
State of Texas shall be divided into three distinc
departments, and each of them be con6ded to sep
arate body of magistracy, to wit: those which ar,
Legislative, TO one; those which are executive
to another; and those which are Judicial, to an
other; and no person, or collection of persons, be
ing Of ono Of those departments shall exercise any
power properly attached to either of the Others ex
ccpt in the instances herein expressly permitted
ARTICLE THIRD.
legislative Department.
SEC. 4. Every free male person who shall hav,
attained the age of twenty-one years, and who shall
be citizen Of the United States, or who is, at The
time of the adoption of this constitution by the Con
gress Of the United States citizen of the repub,
of Texas, and shall have resided in this State on,
year next preceding am election, and the last al,
months within the District county, city, or town il
which he offers to vote, Indians not taxed, Afri
and descendants of Africans excepted, shall b
deemed qualified eector; and should such qualife,
eector happen TO he IN any other county situated il
the district in which he resides at the time of al
election he shall be permitted to vote for any dis
trict officer provided, that the qualified clector