The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-10-02
THE DAILY UNION
ARTICLE rHrRrErsrH-

4. Il
SEC. l. That no Inconvenience may arise nom
change Of separate national government to state
govornment il is declared that all process which
shall be issued in the name Of the republic oil
prior 10 the organization Of the State government
under this constitution, shall be as vad as IL isSueu
in the name Of the State of Texas.
SEC. g. The validity of all bonds and recogni-
sances executed in conformity with the constitution
| and laws Of the republic OF Texas, shaii 10. oc
impaired by the change OF government, put may
| be sued for, and recovered IN the name Oh .he
governor of the State Of Texas; ana all GRIM.
inal 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 pros
ecuted to judgment ard execution, m the name Oh
said State. All suits at law and equity, which may
be depending in any of the courts of the republic OF
Texas prior the organization Of the State govern
ment under this constitution, shall be transferred 10
the proper court Of the State, which shall have ju-
risdiction of the subject-matter thereof.
| SEC. 3. All laws and parts of laws now IN force
in the republic Of Texas, which are not repugnant
to the constitution of the United States, the joint
| resolutions for annexing Texas to the United
| States, or to the provisions of this constitution,
shall continue and remain in force as the laws OF
this State until they expire by their own limitation,
or shall be altered or repealed by the legislature
thereof.
SEC. a. All fines, penalties, forfetures, and es-
cheats, which have accrued to the republic of Tex
as, under the constitution and laws, shall accrue TO
the State Of Texas; and the legislature shall, by
law, provide method for determining what lands
4 may have been forfeited or escheated.
SEC. 5. Immediately after the adjournment of
this convention, the President of the republic shall
issue his proclamation directing the chief justices of
the several counties of this republic, and the several
chief justices and their associates, are hereby
required to cause polls to be opened in their
respective counties, at the established pre-
cincts, on the second Monday of October next, for
the purpose of taking the sense Of the people OF
Texas in regard to the adoption rejection of this
consttution and the votes Of all persons entitled to
vote under the existing laws, this constitution,
shall be received Each voter shall express his
opinion by declaring by "pipa poce" vote, for "the
constitution accepted ''the constitution reiected;"
or some words clearly expressing the intention of
the voter and at the same time the vote shall be
taken in like manner for and against annexation.
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 de-
posted in the clerks Office ofthe county court.
SEC 6. Upon the receipt of the said returns or on
the second Monday Of November next, If the re-
turns be not sooner made, it shall be the duty
Of the President in presence of such officers Of bis
cabinet as may be present, and of all persons who
may choose to attend, to compare the votes given
for the ratification rejection Of this constitution
and if it shall appear from the returns that major
y of all the votes given is for the adoption of the
constitution, then il shall be the duty Of the Presi
dent make proclamation of that fact and thence
forth this constitution shall be ordained and estab
: ished ss the constitution Of the State, to 60 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 transmit to the President
Of the United States duplicate copies Of this const-
> .r hah NlIth CarfI-
fed 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. t
} SEC. Z. Should this constitution be accepted by
the people Of Texas it shall be the duty Of the Pres
ident, on before the second Monday in November
next,to issue his proclamation directing and re-
quirng elections 10 be holden in all the counties OF
; this republic on the third Monday in December
next, for the offices Of governors lieutenant governor
and members Of the senate and house of representa-
tves Of the Siaie legislature, in accordance with the
apportioment Of representation directed by this
stitution. The returns for members of the legisa-
ture Of this State shall be made TO the Department
Of State Of this republic; and those for governor
and lieutenant governor shall be addressed to the
speaker of the house of representatives, endorsed
Election returns of county, for governor,
and directed to the Department Of State; and should
counties fail to cause be holden any Of the polls
or elections provided by this constitution, at the
times and places herein directed the people of the
precinct where such failure exists are hereby au-
horized 10 choose managers, judges, and other Of
hcers, to conduct said elections.
Sic 8. Immediately on the President of this
republic receiving official information Of the accept
ance Of this constitution by the Congress of the
United States, he shall issue his proclamation con-
venng, at early day, the legislature Of the State
of Texas, at the seat Of government established
der this constitutions; and after the said Legislature
shall have organized, the speaker Of the house of
representatives shall, in presence Of both branches
of the legislature, open the returns Of the cleo
tons for governor and lieutenant governor, count
and compare the votes and declare the names of the
persons who shall be elected to the Offices Of gov
ernor and lieutenant governor, who shall forthwith
be installed in their respective Offices; and the egs-
lature shall proceed, early as practicable to elect
senators to represent this State in the Senate Of the
United States; and also provide for the election Of
representatives to the Congress of the United States
The legislature shall also adopt such measures
may be required to cede to the United States, at the
proper time all public ed6ces, Notifications, BAR
racks, ports harbors, navy and navy yards, docks,
magazines, arms and ornaments, and all other prop
erty and means pertaining to the public Defence now
belonging To the republic of Texas; and to make the
necessary preparations for transferring TO the said
United States all houses and other places for
the collection of mpost duties and other foreign
enues. k ts@
SEC. Q. II shall be the duty of the President of
Texas, immediately after the Inauguration of the
governor, to deliver TO him all the records, public
money, documents, archives and public property Of
every description whatsoever, under the control of
the executive branch ofthc government and the gov
ernor shall dispose Of the same in such manner as
Il the Legislature may direct. Y
SEC. 10. That no Inconvenience may result from
the change Of government, II is declared that the
lov nf eput, relaf IN d,tia NJ
officers, both civil and military, Of the same, shall
remain in full force; and the duties Of their several
Offices shall be performed in conformity with tho
existing laws until the organization of the govern
mcnt of the State under this constitution, until
the first day Of the meeting Of the legislature that
them the Offices Of President, VicePresident, of the
Presidents cabinet, foreign ministers, charges and
agents. and others repugnant to this constitution,
shall be superseded by the same; and that all others
shall be holden and exercised until they expire by