The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-05-03
The New Constitution of Texas.

We have at length received a copy OF
the constitution and ordinances adopt
ed by the convention. The bill of rights
is the same as in the old constitution,
with the following exceptions:
8. provided that in criminal prose
cutions, the punishment whereof shall
be fine not exceeding one hundred dol
lars and imprisonment not exceeding
thirty days, or either or any less pun
ishment, the accused may be tried for
the same by jury or otherwise as the
Legislature may provide"
Section of the new constitution
reads as follows:
"All prisoners shall be bailable by
sufficient sureties, unless for capital
offences, when the proof is evident;
but this provision shall not be so con-
strued as TO prohibit bail after indict-
ment found, upon an examination OF
the evidence by judge of the Su-
preme or District Court, upon the re-
turn of a writ of habeas corpus, return
able in the county where the offence is
committed, or to such other counties as the
same may By the consent Of parties Be made
retnnG6Ls."
The words we have marked in italics
are notin the old constitution; and the
words "or the presumption great,
which follow when the proof is evil
dent" in the old constitution are omit
ted in the new. These are the only al
terations proposed in the bill of rights.
The following, being section two, ar
ticle third, of the old constitution, is
wholly omitted in the new:
"All free male persons over the age of
twenty-one years, (Iudiaus not taxed,
Africans and descendants of Africans
excepted, } who shall have resided six
months in Texas Immediately pre-
ceding the acceptance of this constitu-
ton by the Congress of the United
States, shall be deemed qualified cleo
tors"
The new constitution requires a resi-
dence of five years in the State for
members of the Legislature. The old
required but two. The old requires
him to be a citizen of the United
States; the new requires him to be "a
white citizen of the United States"
An attempt is made to strengthen
the provision against electing members
of the Legislature by that body to 9th
er offices, by inserting the words,
although he may resign his seat as
such member"
The new constitution fixes the basis
of representation on white population
the old on free population. The num-
Der of representatives is the same in
each-not less than forty-fiVe or more
than ninety for the whole State. The
number of Senators is also the same in
each.
The new constitution makes it the
duty of the Legislature to elect Sena-
tors and provide for the election OF
Representatives in the Congress OF the
United States.
In reference to the judicial depart
ment the authority to establish "cor-
poration courts conferred on the Lee
gislature by the old constitution is not
repeated; but an addition is made to
the first section in the new, which de-
cIares that
1.-THE legislature may establish Grim
inal courts in the principal cities with
in the State, with such criminal juris-
diction, coextensive with the limits of
the county wherein such city may be
situated, and under such regulations as
may be prescribed by law, and the
Judge thereof may preside over the
courts of one or more cities, as the
Legislature may direct"
The Supreme Court is also made to
consist of five instead of three justices;
the term of office is increased to ten
years, and the salary raised to 81 1900.
The salaries of tho circuit judges are
raised to not less than S., 800
The new constitution provides for
the removal of judges from Office on
grounds which would not be sufficient
for impeachment
The term of Governor is increased
from two to four years by the new con-
stitution. His salary is fixed at 81, 000
An addition is made to the new con-
stitution providing that the Governor
may disapproVe an appropriation in a
bill without vetoing the remainder of
the bill, and the part disapproVed will
only be rejected as a law.
The new constitution increases the
terms of office of the comptroller and
treasurer HUH bWU w AODA SdAn
The old constitution provides that
me appropriation for private or indi
vidual purposes, or for purposes of in
ternal improvement, shall be made
without the concurrence of tWo-thirds
of both houses of the Legislature"
The words "two-thirds" are quietly
dropped and disappear in the new.
The inhibition in banking is the
same in both.
The new constitution contains a pro-
VISION that "the Legislature shall have
power to guarantee the bonds of rail-
road companies to any amount, not ex-
ceeding in any case the sum of $4,000
per mile" after the grading has been
done by the company; the State to be
secured" by lien on the road.
All sums collected as school tax from
Africans are to be appropriated to
schools for such persons, and the Legis-
lature is enjoined TO encourage schools
among these people"