in any manner whatsoever, directly or indirectly, to emancipate his

slave or slaves.

SEC. 3. The Legislature shall have no power to pass any law to Immigrants prevent immigrants to this State, from bringing with them such per- shall not be sons of the negro race as are deemed slaves by the laws of any of prohibited the Confederate States of America. Provided, that slaves who have from bringing their committed any felony may be excluded from this State. slaves.

Sec. 4. In the prosecution of slaves for crimes of a higher grade than petit larceny, the Legislature shall have no power to deprive Trial by jury them of a trial by jury, except in cases arising under the laws con- slaves. cerning insurrection of slaves.

secured to

SEC. 5. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in Offences against life or case the like offence had been committed upon a free white person, person of and on the like proof; except when such slave has committed, or slaves. attempted to commit, a rape on a white female, or in case of insurrection of such slave.

SEC. 6. The Legislature shall have power to pass laws which will Treatment. oblige the owners of slaves to treat them with humanity.

ARTICLE IX.

IMPEACHMENT.

SECTION 1. The power of impeachment shall be vested in the ImpeachHouse of Representatives.

SEC. 2. Impeachment of the Governor, Lieutenant-Governor, Attorney-General, Secretary of State, Treasurer, Comptroller, and of the Judges of the District Courts, shall be tried by the Senate.

ment.

Trial of impeachments.

Senate shall

SEC. 3. Impeachments of Judges of the Supreme Court, shall be tried by the Senate. When sitting as a court of impeachment, the try impeachSenators shall be upon oath or affirmation, and no person shall be ments. convicted without the concurrence of two-thirds of the Senators present.

Extent of

SEC. 4. Judgment, in cases of impeachment, shall extend only to removal from office, and disqualification from holding any office of judgment. honor, trust or profit, under this State; but the parties convicted shall, nevertheless, be subject to indictment, trial and punishment, according to law.

Officers im

SEC. 5. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of the duties of their peached office, during the pendency of such impeachment. The appointing shall be suspower may make a provisional appointment to fill the vacancy occa- pended. sioned by the suspension of an officer, until the decision on the impeachment.

SEC. 6. The Legislature shall provide for the trial, punishment, Laws made and removal from office, of all other officers of the State, by indict- for trial, &c. ment or otherwise.

ARTICLE X.

EDUCATION.

of officers.

SECTION 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall Public be the duty of the Legislature of this State to make suitable provisions for the support and maintenance of public schools.

schools.

Provision for SEC. 2. The Legislature shall, as early as practicable, establish free schools free schools throughout the State, and shall furnish means for their by taxation. support, by taxation on property: And it shall be the duty of the Legislature to set apart not less than one-tenth of the annual revenue One tenth of of the State derivable from taxation, as a perpetual fund, which fund annual reve shall be appropriated to the support of free public schools, and no law shall ever be made diverting said fund to any other use; and until such time as the Legislature shall provide for the establishment of such schools in the several Districts of the State, the fund thus created shall remain as a charge against the State, passed to the credit of the free common school fund.

nue to be set apart, &c.

School lands

SEC. 3. All public lands which have been heretofore, or which to be leased may hereafter be granted for public schools, to the various counties, only. 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.

School lands

SEC. 4. The several counties in this State which have not received to counties their quantum of lands for the purposes of education, shall be entinot received. tled to the same quantity heretofore appropriated by the Congress of the Republic of Texas to other counties.

Fraudulent

ARTICLE XI.

SECTION 1. All certificates for head-right claims to land, issued land claims. to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were null and void from the beginning.

Courts to be

of certain

SEC. 2. The District Courts shall be opened until the first day of open for es- July, one thousand eight hundred and forty-seven, for the establishtablishment ment of certificates for head-rights, not recommended by the Comland claims, missioners appointed under the act to detect fraudulent land certifiuntil a cer cates, and to provide for issuing patents to legal claimants; and the tain period. parties suing shall produce the like proof, and be subjected to the requisitions which were necessary, and were prescribed by law to sustain the original application for the said certificates, and all certificates above referred to, not established or sued upon before the period limited, shall be barred, and the said certificates, and all locations and surveys thereon, shall be forever null and void ;--and all re-locations made on such surveys shall not be disturbed until the certificates are established as above directed.

After that time all de clared null

and void.

Gen'l Land
Office.

ARTICLE XII.

LAND OFFICE.

SECTION 1. There shall be one general Land Office in the State, which shall be at the seat of government, where all titles which have heretofore emanated, or may hereafter emanate from Government, Subordinate shall be registered; and the Legislature may establish, from time to time, such subordinate offices as they may deem requisite.

offices.

Process issu

ed under Republic to be valid.

SECTION 1. That no inconvenience may arise from a change of separate natural [national] Government, to a State Government, it

ed under Re

is declared, that all process, which shall be issued in the name of the Process issuRepublic of Texas, prior to the organization of the State Government public to be under this Constitution, shall be as valid as if issued in the name of the State of Texas.

valid.

Bonds, pro

Suits de

SEC. 2. The validity of all bonds and recognizances, executed in conformity with the Constitution and laws of the Republic of Texas, ceedings, &c. shall not be impaired by the change of government, but may be sued to be valid. for and recovered in the name of the Governor of the State of Texas; and all criminal 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 pending in prosecuted to judgment and execution in the name of said State. courts of the All suits at law and equity, which may be depending in any of the Republic. Courts of the Republic of Texas, prior to the organization of the State Government under this Constitution, shall be transferred to the proper court of the State, which shall have jurisdiction of the subject-matter thereof.

Prosecutions

SEC. 3. All laws and parts of laws now in force in the State of Laws to be Texas, which are not repugnant to the Constitution of the Confeder- continued in ate States of America, or the Constitution of this State, shall continue force, if, &c. 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.

cheats which

SEC. 4. All fines, penalties, forfeitures and escheats which have Fines, forfei accrued to the Republic of Texas under the Constitution and laws, tures and esshall accrue to the State of Texas; and the Legislature shall, by law, accrued to provide a method for determining what lands may have been for- the Republic. feited or escheated.

[Sections 5, 6, 7, 8 and 11, relate entirely to the change from the "Republic" to the State" of Texas, in 1845-6, and being now obsolete, are omitted.]

deliver over the govern

SEC. 9. It shall be the duty of the President of Texas, immedi- President to ately after the inauguration of the Governor, to deliver to him all records, public money, documents, archives, and public property, ment & pubof every description whatsoever, under the control of the executive lic property branch of the government; and the Governor shall dispose of the to the Govsame in such manner as the Legislature may direct.

ernor.

ties of offi

SEC. 10. That no inconvenience may result from the change of Laws defingovernment, it is declared that the laws of this Republtc relative to ing the duthe duties of officers, both civil and military, of the same, shall re- cers to remain in full force, and the duties of their several offices shall be per- main in force formed in conformity with the existing laws, until the organization until, &c. of the government of the State, under this Constitution, or until the Officers refirst day of the meeting of the Legislature: That then the offices of pugnant to President, Vice-President, of the President's Cabinet, Foreign Minis- this Constiters, Charges and agents, and others, repugnant to this Constitution, tution supershall be superseded by the same, and that all others shall be holden seded. and exercised until they expire by their own limitation, or be su-other offperseded by the authority of this Constitution or laws made in pur- cers continsuance thereof. ued, &c.

Time of gen

SEC. 12. The first general election for Governor, LieutenantGovernor and members of the Legislature, after the organization of eral election the Government, shall take place on the first Monday in November, for Governor one thousand eight hundred and forty-seven, and shall be held bien- and Lieutennally thereafter, on the first Monday in November, until otherwise provided by the Legislature. And the Governor and Lieutenant

ant Governor

Time of gen- Governor, elected in December next, shall hold their offices until the eral election installation in office of the Governor and Lieutenant-Governor to be and Lieuten elected in the year one thousand eight hundred and forty-seven.

for Governor

ant Governor

Done in Convention, by the Deputies of the people of Texas, at the City of Austin, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred and forty-five.

In testimony whereof, we have hereunto subscribed our names,
THO. J. RUSK, President.

JAMES H. RAYMOND, Secretary.

I, ROBERT J. TOWNES, Secretary of State of the State of Texas, do certify that the Constitution as printed above has been carefully compared with, and conforms literally to the original, and also to the enrolled amendments made by the Convention of 1861, with the exception of the following Sections, which being now obsolete, are omitted: Sections 30 and 32, Art. III, and Sections 5, 6, 7, 8, 11 and 13, Art. XIII, on file in this Department.

IN TESTIMONY WHEREOF, I have hereunto signed my name, and caused the Seal of the Department of State to be affixed, on the day above written.

R. J. TOWNES,
Secretary of State.

CONSTITUTION

FOR THE

PROVISIONAL GOVERNMENT

OF THE

CONFEDERATE STATES OF AMERICA.

We, the Deputies of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same: to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur.

ARTICLE I.
SECTION 1.

All legislative powers herein delegated shall be vested in this Congress now assembled, until otherwise ordained.

SECTION 2.

When vacancies happen in the representation from any State, the same shall be filled in such manner as the proper authorities of the State shall direct.

SECTION 3:

1. The Congress shall be the judge of the elections, returns and qualifications of its members; any number of Deputies from a majority of the States, being present, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members; upon all questions before the Congress, each State shall be entitled to one vote, and shall be represented by any one or more of its Deputies who may be present.

2. The Congress may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. The Congress shall keep a journal of its proceedings, and from time to time, publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on any question, shall, at the desire of one-fifth of those present, or at the instance of any one State, bontored on the journal.