within the National Union; and that I will heartily aid and assist the loyal people in whatever measures may be adopted for the attainment of those ends; and further, that I take this oath freely and voluntarily and without mental reservation, So help me God.

Resolved, That the returns of this election shall be made to the Secretary of State, and the result be declared by the proclamation of the acting Governor.

Resolved, That the Convention do nominate and offer to the people a candidate for Governor, and that the delegates from the several senatorial and representative districts. be requested to nominate, and present to the Convention, candidates for their respective districts, to be placed upon the General Legislative ticket, Provided, If the Union people of any district shall desire to make another selection, that they have opportunity to do so.

Resolved, That it shall be the duty of the executive committee to fill all vacancies that may occur in the list of candidates and officers for holding elections solicited by the Convention.

Resolved, That the names of such as may be selected shall be forwarded to the chairman at Nashville, on or before the 10th day of February next, when the chairman shall publish the complete list in the papers of the State.

CONSTITUTION OF TEXAS. 1866.*

We, the people of Texas, acknowledging, with gratitude the grace and beneficence of God in permitting us to make a choice of our form of government, do ordain and establish this Constitution.

ARTICLE I.

BILL OF RIGHTS.

That the general, great and essential principles of Liberty and Free Government may be recognized and established, we declare that

SECTION 1. 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.

§ 2. All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive, separate, public emoluments or privileges, but in consideration of public services.

§ 3. No religious test shall ever be required, as a qualification to any office or public trust in this State.

*This State was formerly a part of the Republic of Mexico, from which it revolted, and in 1836 established an independent government. It was annexed to the United States, December 29, 1845, as the twenty-eighth State of the Union. Its first State Constitution was formed August 27, 1845, by a Convention assembled at Austin. On the 18th of February, 1861, Texas passed an ordinance of secession, which was declared null and void on the 15th of March, 1866. This State was the last, that was recognized as at war. On the 11th of August, 1866, the Provisional Governor (Hamilton) was notified by the President to remit the State government to the Governor elected by the people. A Convention for revising the Constitution of Texas, assembled at Austin in March, 1866, and on the second day of April following, reported the form above given. The portions of this Constitution altered from the former one, by the Convention of 1866, are designated by brackets, and some of the more important changes are further explained by notes. The popular vote on the adoption of the Constitution was, 28,119 for and 23,400 against. It was declared adopted by a proclamation of the Governor, dated October 8, 1866.

The Convention adopted twenty-nine ordinances, among which the more important were the following: Declaring the ordinance of secession null and void. Declaring the war debt void, and for other purposes. Assuming the direct tax levied npon the State by the United States. Consenting to a division of the State, and the formation of one or more new States within its limits. Soliciting the Federal Government to construct certain railroads within their territory.

On the 1st of November, 1866, this State, by joint resolution of the Legislature, refused to ratify the proposed 14th amendment of the Federal Constitution.

§ 4. All men have a natural and indefeasible 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 or interfere with the rights of conscience, in matters of religion, and no preference shall ever be given by law, to any religious societies or mode of worship; but it shall be the duty of the Legislature to pass such laws as shall be necessary, to protect every religious denomination in the peaceable enjoyment of their own mode of public worship.

§ 5. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed, curtailing the liberty of speech or of the press.

§ 6. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

§ 7. The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures or searches; and no 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,

§ 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury; he shall not be compelled to give evidence against himself; he shall have the right of being heard by himself or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor; and no person shall be holden to answer for any criminal charge, but on indictment or information, except in cases arising in the land or naval forces, or offenses against the laws regulating the militia; [Provided that in criminal prosecutions, the punishment whereof shall be fine not exceeding one hundred dollars, and imprisonment not exceeding thirty days, or either, or any less punishment, the accused may be tried for the same by a jury, or otherwise, as the Legislature may provide.]

§ 9. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident, 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 offense is committed; [or to such other counties as the same may by consent of parties be made returnable].

§ 10. The privilege of the writ of habeas corpus shall not be suspended, except when, in case of rebellion or invasion, the public safety may require it.

§ 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open; and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law.

§ 12. No person, for the same offense, shall be twice put in jeopardy of life or limb; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty; and the right of trial by jury shall remain inviolate.

§ 13. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State.

§ 14. 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.

§ 15. No person shall ever be imprisoned for debt.

§ 16. No citizen of this State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.

§ 17. The military shall, at all times, be subordinate to the civil authority.

18. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.

§ 19. 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 remonstrance.

§ 20. No power of suspending laws in this State shall be exercised, except by the Legislature or its authority.

§ 21. To guard against transgressions of the high powers herein delegated, we declare that every thing in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or to the following provisions, shall be void.

ARTICLE II.

DIVISION OF THE POWERS OF GOVERNMENT.

SECTION. 1. The powers of the government of the State of Texas, shall be divided into three distinct departments, and each of them to be confided to a separate body of magistracy, to wit:-those which are Legislative to one; those which are Executive to another; and those which are Judicial, to another; and no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. Every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States,* and shall have resided in this State one year next preceding an election, and the last six months within the district, county, city or town in which he offers to vote (Indians not taxed, Africans and descendants of Africans excepted), shall be deemed a qualified elector; and should such qualified elector happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer; Provided, That the qualified electors shall be permitted to vote anywhere in the State for State officers; And Provided, further, That no soldier, seaman or marine, in the army or navy of the United States, shall be entitled to vote at any election created by this Constitution.+

§ 2. Electors in all cases, shall be privileged from arrest during their attendence at elections, and in going to and returning from the same, except in cases of treason, felony, or breach of the peace.

§ 3. The Legislative powers of this State shall be vested in two distinct branches; the one to be styled the Senate and the other the House of Representatives, and both together, the Legislature of the State of Texas. The style of all laws shall be, "Be it enacted by the Legislature of the State of Texas."

§ 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of the general election; and the sessions of the Legislature shall be biennial, at such times as shall be prescribed by law.

§ 5. No person shall be a Representative unless he be a white citizen of the United States,‡ [and shall be a qualified elector at the time of his election, and a resident of the State for five years next preceding his election, and the last year thereof a citizen of the county, city, town, or district for which he shall be chosen.]

§ 6. All elections by the people shall be held at such time and places, in the several counties, cities, or towns, as are now, or may hereafter be designated by law.

§ 7. 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. 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.

§ 8. Such mode of classifying new additional Senators, shall be observed as will as nearly as possible preserve an equality of number in each class.

§ 9. When a senatorial district shall be composed of two or more counties it shall not be separated by any county belonging to another district.

*The words "or who is at the time of the adoption of this Constitution, by the Congress of the United States, a citizen of the Republic of Texas were omitted in the revision of 1866.

†The following clause formed section 2, of this article in the old Constitution, and is dropped in the revision of 1866, viz :

§ 2. All free male persons over the age of twenty-one years (Indians not taxed, Africans and descendants of Africans excepted), who shall have resided six months in Texas, immediately preceding the acceptance of this Constitution by the Congress of the United States, shall be deemed qualified electors.'

The old Constitution contained the following additional clause: "Or at the time of the adoption of this Constitution a citizen of the Republic of Texas, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a citizen of the county, city or town for which he shall be chosen, and shall have attained the age of twenty-one years at the time of his election."

§ 10. No person shall be a Senator unless he be a white citizen of the United States,* [and shall have been a qualified elector of this State at the time of his election, and a resident of the State five years next preceding the election]; and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of thirty years.

§ 11. The House of Representatives, when assembled, shall elect a Speaker and its other officers, and the Senate shall choose a President for the time being and its other officers. Each House shall judge of the qualifications and elections of its own members, but contested elections shall be determined in such manner as shall be directed by law; two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

§ 12. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds expel a member, but not a second time for the same offense.

§ 13. Each House shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either House on any question, shall, at the desire of any three members present, be entered on the journal.

§ 14. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; [and should the Governor fail to issue a writ of election to fill such vacancies, the returning officer for the district or county shall be authorized to order an election for that purpose.] § 15. The Senators and Representatives shall in all cases, except in treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.

§ 16. 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 fortyeight hours.

17. The doors of each House shall be kept open.

§ 18. Neither House shall, without the consent of the other, adjourn for more than three days; nor to any other place than that in which they may be sitting, without the concurrence of both Houses.

19. Bills may originate in either House, and be amended, altered or rejected by the other; but no bill shall have the force of a law until, on three several days, it be read in each House, and free discussion be allowed thereon, unless, in case of great emergency, four-fifths of the House in which the bill shall be pending may deem it expedient to dispense with this rule; and every bill, having passed both Houses, shall be signed by the Speaker and President of their respective Houses.

§ 20. All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other bills.

21. After a bill or resolution has been rejected by either branch of the Legislature no bill or resolution containing the same substance shall be passed into a law during the same session.

§ 22. Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall be made.

§ 23. No Senator or Representative shall, during the term for which he may be elected, be eligible to any office of profit under this State, which shall have been created or the emoluments of which may have been increased during such term; and no member of either House of the Legislature shall, during the term for which he is elected [although he may resign his seat as such member, shall] be eligible to any office or place, the appointment to which may be made, in whole or in part, by either branch. of the Legislature; [nor shall members of either House vote for a member of their own body, though he resign his seat in the same, for Senator in the Congress of the United States;] nor shall members thereof be capable of voting for a member of their own body, for any office whatever, except it be [for Speaker of the House of Representatives and President for the time being of the Senate, who shall be elected from their respective bodies.]

*The old Constitution embraced the following additional clause: "Or at the time of the acceptance of this Constitution by the Congress of the United States a citizen of the Republic of Texas; and shall have been an inhabitant of this State three years next preceding the election."

§ 24. No Judge of any court of law or equity, Secretary of State, Attorney-General, Clerk of any court of record, Sheriff or Collector, or any person holding a lucrative office under the United States, or this State, or any foreign government, shall be eligible to the Legislature, nor shall at the same time hold or exercise any two offices, agencies or appointments of trust or profit under this State; Provided, That offices of the militia, to which there is attached no annual salary [the office of Notary Public] and the office of Justice of the Peace shall not be deemed lucrative [and that one person may hold two or more county offices, if so provided by the Legislature.]

§ 25. No person who at any time may have been a Collector of taxes, or who may have been otherwise intrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been intrusted.

§ 26. 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.

27. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.

§ 28. The Legislature shall [cause an enumeration to be made every ten years, commencing on the 6th day of February, A., D., 1875, of all the inhabitants (including Indians taxed) of the State, designating particularly the number of qualified electors and the age, sex and color of all others, herein following the classification of the United States census,*] and the whole number of Representatives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities or towns, according to the number of white population in each; and shall not be less than forty-five, nor more than ninety. [Provided, That there shall be an enumeration and an apportionment made in the year 1870, in the manner here indicated.]

§ 29. [Until changed by law, the act of apportionment passed the 6th day of February, A. D., 1860, by the Legislature of this State, shall remain in force.]

30. The whole number of Senators shall, at the next session after the several periods of making the enumeration, be fixed by the Legislature, and apportioned among the several districts to be established by law, according to the number of qualified electors, and shall never be less than nineteen, nor more than thirty-three.f

§ 31. The members of the Legislature shall, at their first session [hereafter], receive from the Treasury of the State, as their compensation, [eight] dollars for each day they shall be in attendance, and [eight] dollars for each twenty-five miles in traveling to and from the [seat of government.] [The above rates of compensation shall remain till changed by law.]

§ 32. [The Legislature shall proceed as 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.]

§ 33. [The city of Austin is hereby declared to be the seat of government of this State until removed by an election of the people; and the title to the tract of land surveyed by virtue of the headright certificate of Samuel Goucher, for one-third of a league which was selected and condemned to the use of the Republic of Texas, under an act of the Republic of Texas, entitled "An act for the permanent location of the seat of Government," approved the 14th day of January, A. D. 1839, be and the same is hereby confirmed; any irregularity or failure to make proper parties or other defects in the proceedings had under said act to the contrary notwithstanding; Provided, nevertheless, That the lawful owner of said land- his heirs, assigns, or legal representatives, may at any time within one year from the adoption of this Constitution, institute proceedings and have compensation as provided by act of the Legislature of the State of Texas, entitled "An act for quieting the title to real estate in the city of Austin, approved 18th December, 1857.‡]

*The old Constitution provided for a census in 1848, and every eight years thereafter. It included all free inhabitants, Indians not taxed, and persons of African descent excepted.

+ The sections originally numbered 30 and 32, specifying the counties that should form the first representative and senatorial districts, are omitted in the new Constitution; section 33, locating the first session of the Legislature at Austin, until changed by law, is also omitted.

The former Constitution, in place of this, prescribed the manner of locating the seat of government by a popular vote.