*M Wmm wu THE STATE OF TEXAS, DEl'AItTMKNT Dl- >TATE. j I, Robert J. Townes, Secretary of State of the State of Texas', do certify that I have compared the foregoing Laws and Joint Resolutions of the Tenth Legislature with the originals now on file in the Department oi State, and that they are true copies of such originals. I further certify, that the Tenth Legislature of the State of Texas assembled on Monday, the second day of November, A. D. 18(i: J >, and adjourned on the sixteenth day of December, at 11 o'clock, P. M., of the sam*> Jreari In testimony whereof, I have hereunto signed my name, and caused the Seal of the Department of State to bo affixed, at Austin, this twelfth day of February, A. I>. 1864. R. J. TOWNES. fjkcrtfwy ■;■ Stcite. GENERAL LAWS OF THE TENTH LEGISLATURE. (CALLED SESSION,) WITH THE PROVISIONAL AND PERMANENT CONSTITUTIONS THE CONFEDERATE STATES: ALSO, ME COISTITUTIOI OF THE STATE OIF TEXASL ^■ M » HOUSTON, TEXAS: AT TBR GAJLTBSTOH "XBWS" BOOK Aim JOB OmCB. 18G4. Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/generallawsoften06texa GENERAI/'LAWB . ifl ACT to amer.d ih* 2d and 2d sections cf an Act entitled "An Act to reor gankc ifi4 1UA Judici d District and define the time of holding Courts therein," /approved February 2d. 1861. Bbction I. Be it enacted by Iks Legislature of the. Stale of Texas, That Ov- id Becliouof the above recited act bo amended 8a a3 to read as follows : "The Mstrict Court Bhall be held twice in each year, in said District, a* follows, to tit : In the County of Eilis on the 1st Mondays in March and September, fh *ch y< ar, and may continue in session two weeks ; in the County of Johnson to the 3d Mondays in March and September, r.nd may continne in session one feek ; in the County of Parker, on the 4th Mondays in March and Septembi r, Old may continue in sess-ion two weeks ; in the County of Tarrant, on the 2d londay alter the 4th Mondays in llarch and September, and may continue in jasidn two weeks ; in the County of Dallas, on the 4th Monday after the 4th ays in Maich and September, and may continue in session two weeks ; in onnty of Kaufman, on the Cth Monday after the 4th Mondays in March d September, and may continue in session two weeks; in the County of Zand*, on I onday after tho 4th Mondays in Match and September, may continue in session until the business iB disposed of." 0. 2. That the third action ol the act above recited be so nmendod a* d as follows : ''That all writs and other process tesued from the District its, ol liny of the counties nam* d in Ibis act, i-hall be made returnable e terms of said Courts as established by tbis act. and all ca?cs of npp rite of en or fioro judgments of the District Court in this District, Fhall be nable to tho Supreme C turt at Austin, except tho Counties of Kmfman Van Zandt, which shall bo return ible ti tha Supreme Court at Tyler." 3. That all laws conflicting herewith be, and tho samen-e, hereby re 1» d. and Hi tt this act ttke effect, and be in force, from and after its passage proved May 20th, 1864. CHAPTER II. A CT making an appropriation to defray the Contingent Expenses of the Extra ision of the Tenth Legislature. rv n 1. Be it enacted by the Legislature of the State of Texas. Thit the of twen'y thousand dollais Contederair Ti« ssnrj noes. %»r so much thereof lay be nt-ccas:uy. be. and the same is hereby nppropriated to r*y tho con eutfipm ouf tUc Extra S>«sioa of the Tenth Legislature 2. That thirt set take effect from and after its passage approved May 23d, 1864 chapter m AN ACT to reorganise the Seventeenth Judicial District and to prescribe the time' for holdivg Courts therein. Section 1. Be it enacted by the Legislature of the Stale of Texas, That the Seventeenth Judicial District shall hereafter be composed of the Counties of Williamson, Burnet, Llano, Mason, San Saba, McCulioch, Brown and Lampassafl, and the District Court shall be held twice in each year, in each of said coun- ties, as follows : la the County of Williamson, on the 1st Mondays in March and September, and may continue in session four weeks ; in the County of Burnet, on the 4th Monday after the 1st Mondays in March and September, and may continue in session one week ; in the County of Llano, on fhe 5th Monday after the 1st Mondays in March and September, and may continue in session one week ; in the County of Mason, on the 6th Monday after the 1st Mondays in March and September, and may continue in session one week ; in the County of San Saba, on the T th Monday after the 1st Mondays in March and September, and may continue in session one week ; in the County of McCulioch, on the 8th Monday after the let Mondays in March and September, and may continue in session one week ; in the County of Brown, on the 9ta Monday after the 1st Mondays in March and September, and may continue in session one week ; in the County of Lampassas, on tho. 10th Monday after the 1st Mondays in March and September, and may contiuue in session until the business is disposed of. Sec. 2. That all writs, and other pro i from the District Court of any ot the counties named in this act, shall be made returnable to the terms of said Courts as established by this act. Sec. 3. That this act take effect from its passage. Approved May 23d, 1864. CHAPTER IV. AN ACT to amend an Act entitled "An Act to arnev/i an Act entitled an Act to organize County (hurts. 1 ' Approved February 16th, 1862. Section 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited act be, and the same is hereby so amended as to read as follows : " Section 20. The regular terms of the County Court shall commence and be 1 held at the Court-house of each county, in this State, on the last Monday in' every month for the probate of wills, the granting of letters testamentary, of 1 administration, and of guardianship, and the transaction of all business grow- ing out of, or connected with the powers and jurisdiction of the County Courts. 1 over executors, administrators and guardians, and estates of deceased per 1 sons, minors, idiots, lunatics, and persons non compos mentis. Such terms Bhall be held by the Chief Ju&tice, without the assistance of any of the County Com missioners, and may be continued, from day to day, for one week, but not longer ; and the Chief Justice shall have the authority to transact such buei ness growing out of, or connected with such powers and jurisdiction, daring the vacation between said terms of said court, as may be authorized by law.'' Sec. 2. That this act be in force from and after its passage. Approved May 2Sd, 1864 CHAPTER V AN ACT to prevent Slaves from exercising pretended ownership over property Section 1. Beit enacted by the Legislature of the State of Texas, That it shall 5 be unlawful for any slave owner to knowingly permit any s-lave to have, or exercise, any pretended ownership or control, in his or her own right, over any horses, cattle, ebeep or hogs, within this State. And where any such pretended right of ownership now exists, the master, or other person having the control •f such slave, shall, within six months after the passage of this apt, dispose of such property by sale or otherwise. Sec. 2. The owner offending under the first section of this act. may be in- dicted and tried in the District Court, and upon conviction, shall be And in any turn not exceeding the value of the horses, caUle, sheep, goats or hogs, oyer Which such negro may exercise a pretended right of ownership, or on which such negro shall have a brand or ear mark. 8»cy 3. That this act take effect and be in force from its passage. Approved Mav 2Cth. 1SC4. CHAPTER VI. AN ACT to provide for the revision of the Laics. Section . . Be U enacted by the Legislature of the State vf Texas, Thai the Governor be, and he is hereby authorized, to appoint a competent person to revise, digest, and arrange the Laws, Civil and Criminal, of this State. Sec. 2. That said Reviser shall, in performance of the duties imposed by this act, reduce the several subjects into proper chapters andsectiorjs, bringing into each chapter, as near as may be, a condensation of all the public laws appertain- ing to the subject treated in each chapter ; that the Reviser shall notsimply trans- fer the Statutes, but shall, (without changing the sense,) so alter their phraseolo- gy as to exclude all redundancy of expression ; and where there shall be several acts relating to the same subject, they shall be condensed into one, and so ex- pressed as clearly to set forth the sense of the whole, having regard to judicial expositions thereof; and he shall simplify and arrange, under distinct heads, the manner of procedure in the several Courts of this State. Sec. 3. That whenever it shall be apparent that there may be Log: omissions in any Statute, said Reviser shall supply the same so as to perfect such Statute, and render its operations complete. Sec. 4. That said Reviser shall prepare appropriate titles, and subdivisions of titles for each chapter, clearly and briefly expressive of the subjects treated ; also, shall make an index, for easy reference to the manuscript copy of the Code ; shall add such marginal notes to the Acts as shall be proper for the Clear elucidation of them, and for easy reference to the several laws from which he may compile, with references to the decisions of the Supreme Court, in which construction may be given to the acts. Sec. 5. That said Reviser shall prepare said Code and report the same to the Governor, whose duty it shall be, after said Code has .been reported to him, to have at least two hundred copies of the same, together with the report of the Reviser, printed, and report the same to' the Legislature as soon as practicable. Sec. G. That said Reviser shall have the right to take from the office of the Secretary of State, and the library of the Supreme Court, any books necessary for the performance of his duties under this act, upon giving his receipt there- for, and he shall be responsible lor the return of the same within a reasonable time. Sec. 7. That said Reviser shall reocive for his services such compensation r.s the Legislature may hereafter provide. Sec. 8. That this act take effect and be in force from and after itfl passage. Approved May 27, 18G4. CHAPTER VII. AN ACT to rtgvlate the rdoept&on end ' disvoml of CbnfederaU Ifoies and Bonji mow and hereafter, in ti\& Tmsuru Section I. Be ii enacted by the Legislature of fAe 0O& of Texas, aa follow! ACter the last day of next; June, Assessors and Collectors of Taxes, aud othei Receivers of ftmu*; for t! tate, ■■ ■. i i trie, or for counties, shall not. reoeivi any Confederate no.tea of Lh ue of tho denomination of one hundred dollars; Provided, however, that the Couufy Courts cf the several counties, n order duly entered on the minutes thereof, either at regnlar or special torn! may fix anjj other day than the said last day of June after the passage of thf act. and before the said Wat daj of June, alter which day so fixed, it shall ndi be lawful for anji Assessor and Collector to receive said n>tej in payment a any county taxes, and they may also require their Assessors and Collectors! pay over to the Count-; all such notes on or before thai All notes of this den not bearing interest, and at the dale aforesaU in vhe Treasury, o I ig to the Slate,, shall be funded by tho Comptroll! according to the provi ilon tl for by the present or any future law of thl Confederate States of America ; and the Governor is authorized to make to accessary certified! i mine the -notes to bo so funded. The bonds, obtained by such funding, shall be deposited ia the Treasury ii substitution for the no I >d, and shall so remain until otherwise dl| posed of, either by future leg r by ea'e, which may be made by a Co* mission, consisting of tuo Governor, the Comptroller, and the Treasurer; bl SUCb sale shall not be made unless the Commission shall consider that it wouk be advantageous to the Bl in which case the Commission may exehaujS ♦,he whole or any part of sail bonds for any indebtedness of the State or fa current treasury notes of the Confederacy of the new issues, to Bnch manna »is may be deemed beat for the interest of tho State. All 'Confederate treasury notes continued in circulation, or put therein a currency, without being subjected to any provision for necessary funding, bjii Jaw now or hereafter made by the Confederate Congress, shall he recognized si the new is?ue cf Confederate treasury notes, in contradistinction from all Col) 1 federate treasury notes, now or hereafter subjected to some provision of Coi federate law for necessary funding, to bo known as the old issue of Confederal treasury notes. Sec. 2. Confederate treasury notes, bearing interest, Khali not be receive for taxes or other publie dues after the last day of next June ; and all nud notes, now or hereafter in the Treasury, shall so remain, or may be othervvflf disposed of as provided in the first section for the disposal of bonds. Sec. 3. Confederate treasury notes of the old issue, as defined" in the fin section, 6hall not be receivable at par for public dues after the lastMay of nel June ; but such notes, except those disposed of otherwise by the first ail second sections, may be thereafter received lor public dues until the last da of next October, including that day, but not longer, at the rate of three flj two, or one-third less than the no.ninal amount ; and all such notes now t hereafter in the Treasury, shall be exchanged for Confederate treasury not* of the new issue, a? defined in the first section, according to tho law for sufl exchange, and the Comptroller shall make such exchange of these notes I soon as may be conveniently done after their reception into the .Treasury provided such notes may be paid by the Treasurer on any warrant cf ti Comptroller at said rate of three for two, if the creditor be willing so to ij 1 oeive payment Sec. 4. Every law heretofore or hereafter providing, in general terms, f<, the reception or disbursement of Confederate treasury notes, shall be coil strued as embracing such notes of the new issue, and excluding those of tt old issue, as defined in the first section, and shall have corresponding effect. Sec. 5. So far as any existing law may be incompatible with this act, sue sfteomustent raw 19 suspended as to the snojocta of ttos aci, so that ^provi- sions may be enforced as to its subjects without repealing tbe exiting law as >o Other subjects. , 8ec 6. This act shall be in force from it? peraaf^i Approved May 27, 1864. CHAPTER VI1L AN ACT to punish unlawful interference with private property 6r private rights. Skotion 1. Be it enacted by the Legislature of the Stoic of Texas, That if any person or persons shall, without lawful authority, take, molest or disturb, or cause to be taken, molested or disturbed the personal or movable property of tny person or persons in this State ; or if any person or persons, without law- ful authority, molest or disturb any person or persons, in the free use ana en- joyment of his, hnr or their personal or movable property, or unlawfully oauso any person to be molested or disturbed ; or it any person or persons shall, without lawful authority, prevent or prohibit, or cause to be prevented or pro- hibited, any person from lawfully transporting, or exporting, or disposing of his, beror their personal or movable property, by threats, force, exaction, or any other means whatever ; or if any person or persons shall, under the sem- blance of legal order, or authority, unlawfully take, molest or disturb the per- se al or movable property of any person or persons, or by any means whatever ir>crfere with, or cause to be interfered with, the free use, transportation, expor- tation or disposition of tho same, or shall, in the exercise of lawful authority, Kit. unlawfully or oppressively towards the owner thereof : he. she pv they, thus offending, and every person in so offending, shall be deemed guilty of an of- fence, and, upon conviction, shall be find in any sum not less than one hundred dollars, or by imprisonment in the County Jail not longer than twelve months, or by oonfinemont at hard labor in the Penitentiary for any terra not less than two years, or by fine and imprisonment as aforesaid, at the discretion of tho Jury. Sec. 2. If any person shall violate any provision of the first section of this act, under the false pretense of acting under orders from lawful authority, when, iu fact, he has no such orders, it shall be deemed an aggravation of the offence, and punished by fine of not loss than two hundred dollars, and by con- finement, at hard labor, in the Penitentiary not less than four years, or by fine vxd imprisonment as aforesaid, at the discretion of the Jurv- Approved May 28tb, 1864. CHAPTER IX AN ACT making an appropriation to med any deficiency that may acoruewt the appropriation to pay the. expenses of Vie ComptroUer , s ikpartm&it for Ike years 1864 and 1865. Section 1. Be it enacted by the legislature of the State of Texas, That the fum of five thousand dollars, or so much thereof as may be necessary, be and is hereby appropriated to meet any deficiency that may accrue in the appropri- tlon made for paying the expenses of the Comptroller's Department for the years 1864 and 1865. Skc. 2. This act to take effect and bo in force from and after its passage. Approved May 28th, 1864. CHAPTER A. AN ACT, supplemental u>. and amendatory of "Art Act to adont ard establish a Penal Code. » Skctiom I. Beit enaded by the legislature of the State of Texas, That the wst abovo roeited be amended by adding tho following articlo to tbo same, to- 8 srift: " Article 348. A.— If any officer of the law shall wilfully or Ml *o perform any duty imposed on him by the Penal Code, or Code of sal Procedure, be shall, when the act or omission is not otherwise defined, be deemed guilty of a misdemeanor, and punished as prescribed in Article 349 of Una Code." Approved May 28tb, 1864. CHAPTER XI. AN ACT to amend the third section of "An Act to provide for the support of the Families and Dependents of Texas Soldiers." Approved December lbVt, 1863. Section 1. Be it enacted by the Legislature of the State of Texas, as follows, to-wit : That the third section of the above recited act be amended so as to Tead as follows, to-wit : " Sec. 3. It shall be the duty of the Comptroller of the State, immediately after the passage of this act, to forward to the Chief Justice of each county in the State a copy of this act, with such instructions and forms as may be neces- ' eary to carry its provisions into effect, and the Chief Justices shall immediately upon the receipt of the same, ascertain, or cause to be ascertained, in such manner as they may deem best, the number of indigent persons in their re- spective counties entitled to relief under this act, and shall make an accurate return of the same to the Comptroller's office, on or before the first day of 'Sep- tember, 18C4, and a like return shall be made, by them on or before the Sret day of March, 1865, which return shall be made officially, by the Chief Justices or County Commissioners (when the Chief Justices fail, refuse or neglect to •act,) and they shall certify that the return is a just, true and correct return of all the dependents of Texas officers and soldiers, entitled to relief under this att, who are indigent and supported in whole or in part by the County Court, and that only such are therein returned, which certificates shall be signed by the of- ficer or officers making the same and attested by the seal of the Court, and shall be considered as under oath." Sec. 2. That all laws and parts of laws, in conflict with this act, be re- pealed, and this Act take effect from its passage. Approved May 28tb, 1854. CHAPTER Xn. AN ACT to furnish the Reporter of the Decisions of the Supreme Court SUf- tionery. Section 1. Be it enacted by Vie Legislature of the State of Texas, That the Military Board of this State be authorized and required to furnish tie Reporter of the Decisions of the Supreme Court with the stationery necessary to enable him to prepare the Decisions of said Court for publication. Sec 2. That this act take effect from and after its passage. Approved May 28th, 1864. CHAPTER XHl. AN ACT to authorize the Governor to appoint certain officers to represent the in- terests of the State, and of the citizens and soldiers of the State, «5 Vie Bead Quar- ters of the Trans-Mssissippi Department, and at the Head Quaitsrsof the District of Texas, New Mexico and Arizona. Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor is authorized to appoint two persons, whose duty it shall be to ieep the Governor advised of all matters of importance pertaining to the in- terests of the State, that may occur at the Head Quarters of the Trans-Missis- sippi Department and at the Head Quarters of the District of Texas, New Mex- 1m and Arizona j uia to take in charge and represent the interest of the Sol- diers and Citizens of Texas, having business at said Head Quarters. flfec. 2. That the persons 00 appointed shall have the rank and pay of Colo- nels of cavalry in the Confederate States service, and shall be paid out of the appropriation made for tLe defence of the State by the Tenth Legislature. Sac. 3. This act to be ic force from and after its passage. Approved May 28th, 1864. CHAPTER XIV. AS ACT further to provide the manner of proving a written will. Sbotid.n 1. Beit eroictcd by the Legislature of the State of Texas, That where (he subscribing witnesses to a will are in the army, and beyond the limits oi the State, said will may bo probated, on proof, by two witnesses of the hand writing of the subscribing witnesses to said will, and also of the testator if he was able to write ; which proof may be either by affidavit taken in open Court, and subscribed by the witness, or by deposition, and this act shall take effect from its passage. Approved May 28th, 1864. • /UAPTER XV. AN ACT making an appropriation to pay for Stationary and Lighting Material* purchased for the lOUi Legislature. Section. 1. Be it enacted by the Legislature of the State of Texas, That the sum of five hundred dollars in specie, or so much thereof as may be necessary, be, and the same is hereby appropriated, to pay for stationery and lighting material purchased for the use of the Tenth Legislature by Maj. S. Hart, said money to be paid on the presentation of the claim approved by the Secre- tary of State, Provided, that this appropriation may be paid out of any money subject to the control of the Governor or Military Board for any other pur- pose. Sec. 2. Thai this act shall take effect and be in force from and after its passage. Approved May 28th, 1864. CHAPTER XVI. AM ACT amending '•-■in Ad authorizing the Comptroller of the State to receive from Railroad Companies in this State the interest that may now be elue, or hcreifier teceme due on their Bonds.'' Section 1. Be it enacted by the Legislature of the State of Texas, That the Srovieions of the Act, of which this is amendatory, shall not apply to Railroad ompanies that fail or refuse to receive State Bonds or State Treasury War- rants at par for freight or passage, at the prices or rates established by law. Sec. 2. That whenever satisfactory evidence is produced or furnished to the Comptroller of the State that any Railroad Company has failed or refused to receive the State Bonds or State Treasury Warrants at par, lor freights cr passage, at the rates established by law, ho is required to refuse to receivo the State Bonds or Treasury Warrants for the interest due by said Railroad upon its Bond. Sbc. 3. That the President of any Railroad in this Stato be, and is hereby required to post in a conspicuous place in the Railroad offices, and in the passenger cars, the provisions and terms of this act, under a penalty of one hundred dollars, to bo recovered for the benefit of the State, by suit before any Court of competent jurisdiction upon the information of any party. to Sao. 4. Tltftt aJl laws or parts el k*wa eo»tilotln,g with thia act, be, and tbe jaoio are hervby rvpe«Jec'on Approved May 24th. 1864. CHAPTER III. JOINT RESOLUTION. Wherka.8, information has been received of the destitute condition of many of our wounded and tick soldiers, citizens of Texas, now in the army in Ar kansas and Louisiana : Therefore, 1. Beit resolved bu the Legislature of the State of Tax.es, That the Gov ernor is hereby authorized to send a commissioner to each of the above- named States, with funds for the relief of all destitute, sick and wounded sol- diers from Texas, now in the Confederate army, in the above named States. 2d. The Governor is hereby authorized to use such amount as may be necessary lor the object to be attained by these resolutions, of the fund hereto rore appropriated as the hospital fund. 3d. The commissioners, appointed by the.-e resolutions, may not only be required to offer material aid to the said sick and wounded while in hospital, but may bo authorized, in all pro:>' I -insportation to them to : heir respective homes. % Approved Maj 2fiib CHAPTER IV. JOINT RESOLUTIONS concerning the Acts of the Confederate Congress, to regulate impressments, and abuses under the same. k j t. Be it resolved by the Legislature of tlte State of Texas, That the Constitu tion of the Confederate States, having provided that " private property shall not be taken for public use. without just compensation," and the Constitution of this State having provided, that " no property shall be taken or applied to public use, without adequate compensation," it is believed by this Legisla- ture, that the Congress of the Confederate States could not have intended, la the enactment of the acts, to regulate impressments, to cause to be paid to in ■lividuals, loss than the fair and current market value of their property, 3eized ."or the use of the Government. 2d. That the valuation of property so seized, should be in the currency in »vhich payment is made, and ought to be controlled by the fair value of the article seized, in the local market where the seizure ia made. 3d. That the schedule of prices, heretofore published in this State, are noto- riously below the market value of the article* set forth in such schedules, and compensation for the same, at those rates, is neither just or adequate. 4th. That the uniform appraisement of every article, at the same price in every part of this State, or in districts of the State, thus disregarding the coat and consequent increased value which transportation adds to commodities, w manifestly unjust. 5th. That the first section of the original "Act to regulate impressments,*' authorized impressments of " forage, articles of subsistence, or other property," only when such articles aro " absolutely Decessary for the exigences of the army in the field." and the seventh section of said act, exempted from im' preesment, all " property necessary for the support of the owner and his family- and to carry on his ordinary agricultural and mechanical business," yet theee plain requirements cf the law have been frequently and grievously violated by persons acting under color of authority of the Confederate States, as this Legislature is well informed. 6th. That in some sections of our country there is a great scarcity of bread IT dtuflo, and other family necessaries, and when efforts hare been made to traaa port such articles, to supply such needful wants of our people, the teams aa d supplies have been unwarrantably impressed. This practice should be forbid den by positive law, or an imperative order fr©m officers having the authority to correct the evil. 7th. That the Governor communicate these resolutions to the Confederate authorities. Approved May 27th. 1864. CHAPTER V JOINT RESOLUTIONS. 1st. Be it resolved by the Legislature of the State of Texas, That no officer of a sovereign State can be placed in the military service of the Confederate States, without his consent ; that the claim of a right in Congress to conscribe certain classes of officers, is contrary to the theory of our Government, and if til lowed will render the term of all officers subject to the action of Congress, and State officers will exercise their functions at the will and pleasure of Con- gress, and not under the Constitution and laws of their State. 2d. That, the Governor of the State be and he is hereby authorized and re- quested to issue his proclamation, in accordance with the foregoing resolution, declaring that all civil officers, elected or appointed in accordance with the Constitution and laws of the State, are necessary to carry on the State Govern ment, and are not liable to militarv duty in the Confederate States armv. Approved May 28th. 1864. CHAPTER VI. JOINT RESOLUTION. Resolved by the Legislature of the State of Texas, That the Secretary of Stat» bo required to have published, with the volume? of the General Laws of this session, the Constitution of the State and of the Confederate States. Approved May 28th, 18C4. CHAPTER VU. JOINT RESOLUTIONS Requesting the return of the 1st, Atk and 5t/t Texas Regi- ments. Whereas, The troops comprising the various companies.battalions and regi- ments of Texas, serving east of the Mississippi river have become, from long and arduous services, greatly reduced in number, and in many instances the organization being almost destroyed ; And, whereas, this gallant soldiery have served their country with so much fidelity and uncomplaining firmness — Therefore, be it Resolved. 1st. That our gratitude as a people is due the brave men who have so long represented Texas on the many battle-fields of the revolution. 2d. That we mourn the death of those whose live-* have been offered as willing sacrifices upon the altar of freedom. 3d. That we return our grateful thanks to those who still survive for their sacrifices and gallantry, and tender our assurances, that the deeds of the living and the dead are appreciated in our heart of hearts, and will be enshrined there by a grateful people as long as there remains on earth, in the minds of men, admiration for deeds of heroism, devotion to country, and a love of liberty. 4th. That we most respectfully ask of our military authorities to permit the 2 ■rjfoffttuHB partmfti F.i9offio mv& wbio t^iiais^mi an 10 ,w.cl sviiieoq vd mb 5th. That a copy ot these resolutions be lorwarded^^^fe^'Ste*y'bt 6 TUfi^tlfltti cvfeirioua' Brigade Ctimiriandeffl &f TelSfts t*de^)»,^al#13f tWH Mis- eisflipDi. by the Governor, at the earliest practicable moment. .s9Jinori) » Approved May 28th. 1864. M6J diTS TfiM bwoinqA c'6iPff§A JJ Viii. :-^*b$}iJ^fci%l^cf]£9!W*^ *0 **H^«»« t I plb'tarj dl&jrJ&&ft>» a «P4 in. .th^raBj^ifcp* • tnwi Jgtoerf guppHftd by enppled f&Hkg®- W fiejaens-upfy, for^Jy%i^|yoi^J^ ( '^^vft^^wl^ tlinote)«»jli- , Wry -eiders ka*e pei^fa^&tjM&eB^^ we find the oruera age #W9gW*p#cj bfl£ xtoil^ii JefloO sdJ labnir ion 1 . , i Rp$a6$e4 Jurllw, tbaijo'j «JP WW*,-! tail }g» jU^hatf ^befjfcqpl* fcfdtibe .fljate. XiB»l40 mM .^lewply apptai w the»uafttg-'iidW^*topntb* ex " travagant and improvident use of th&public property, put all but cripples out of an ambulance and four mules, with a white soldier driver ; send experienced practical men to make' improvimow^^ , W*b Necessary, and let the people feel and realize, that the cause, io^whicb. we. are, .engaged is common, demanding a hearty and willing co-opMlrW*Ps». a ™TO* .Ju£«^«l^£M,tte£Wjfrn^^ If ^*orwaia*U^t» i; #Hn{j^ji£M^ mander oitiWf?^tn4b>j£fFe^vw Mex*c> MptrrJ sdT .^aasHW ■^u^^and.o^^f npw, m afl^j^e,,»|ft.,Te ,VJ39diJ i : LfiO "est sum 'INDEX TO GENERAL' LAWS. ._ [ \ Al'FROPRUTIO rA0B Continent expenses, Hmm Session Tenth Legislature , JJi Confede- rate Notes... . 3 further Cor Comptroller's Department L . . For Stationery, &c>, for Te'ntli Legislature, la Speci<\ .". 9 Additional for support of Lunatic Asylum_". . ' 10 Special, necessary to draw Specie from the Tjaasd j 10 Manner of. liquidating claims under. ..,„'..„... . 10 I nart of the proceeds from' pale oreoitoit appropriated ' 11 For sick and wounded soldiers in the army of Arkansas and Louis- iana ..... 16 Mileage and Per Diem . Extra Session Tenth L&fcltttnre.' 11 ASYLUM. LUNATIC. * " Further appropriation for Uie support of, , . in ■ 1 ; : . iaioi ■ bonds qr rau.ro ad coMrAjiir- , ' ' m< 7 Punishment affixed for unlawful interference with the CXROrtoiifti; { C . and transportation of cotton. , „.... tuuutuiS. . 19 CONFEDERATE NOTES AND BONDS. ' " CONSCRIPTION Pli0U mt °' and disposal °' ' fr0Ift Xroa * UT y iWMlatod 6 Joint resolution concerning the' ebn'scribineof offiV- 17 CONSTITUTION, e u Of State and Confederacy, to be printed -„-. , 17 COTTON, Portion of the proceeds'from Unlawful interference with the sale of, appropriated. . ....... r . .-,.,-, .] j ijc exportation and tcAhsportation of,""" punished .' ' 10 COUNTY COURTS, Act organizing amended ^ . . . n icYmn > 4; COURTS, DISTRICT, -*J1AH*>U& The time of holding Courts in the ltitb District defined- 1 3 The time of holding Courts in, defined, and reorganisation dTnOBntf, ®* 8 * nci . ce 4 20 D DISTRICT COURT, See" Courts." DEFENCE OF THE STATE, See "State." F FRONTIER, Supplemental Act to provide lor defence of 1 i Section 1. all persons between the ages of 17 and 13 years to be en- rolled Section 2, furloughs to be given in the same manner as they arc in future to be granted to the Reserve Corps Section 3, provides for the disposition of the Reserve Corps in the Frontier Organization of, &c Section 4, Provost Guards organized Section 5, repeals former clause restricting number of men iu com- panies Section 6, Stationery, &c, furnished officers of Section 7, the Oath required Section 8, gives the Governor authority to order into the field said organization Section 9, Governor may assign a State Brigadier General to duty on the Frontier Governor to issue his proclamation, forbidding the settlement in the unorganized counties of 15 Governor to make arrangements for the retention of said organi- zation 15 G GOVERNOR OF THE STATE. Joint Resolution in relation to IS To appoint a competent person to revise the laws 5 To appoint officers to represent the interests of Texans at Military Head Quarters * To appoint Commissioners to visit the sick and wounded soldiers ia Arkansas and Louisiana 16 See " Frontier." H HAND WRITING, Of Testator and subscribing witnesses to a will, how proven !> HEAD QUARTERS MILITARY DISTRICTS, Representatives to be appointed to represent Texans at s HOSPITAL FUND, Money relinquished to the Frontier Regiment for 12 I IMPRESSMENTS. Punishments for interference with private rights and private property 7 Punishment for unlawful 12 Joint Resolution in relation to 16 L LAWS, A revision of, provided for LUNATIC ASYLUM. See " Asvlum.'* OFFICERS, STATE, Punishment for willful omission of 7 Not liable to conscription 17 OFFICERS, ARMY, Joint Resolution in relation to the employees of 13 1 1 21 P PEEMITS FOR EXPORTATION OF COTTON, Punishment for granting, buying or selling 12 TENAL CODE, See "Code, Penal. - ' PROPERTY, Pretended ownership over not to be exercised by a slave 4 Unlawful interference with, punished 7 Valuation of, when impressed 16 R RAILROAD COMPANIES. Act amended, authorizing the reception of interest on the Bonds of REGIMENTS, 1st, 4th and 5th, Return of requested 17 REPORTER OP THE DECISIONS OF THE SUPREME COURT, To be furnished Stationery 8 S SALT MAKERS, Joint Resolution reculat'm<: the detail ii 13 SLAVES. Prevented from exercising pretended ownership over property. . . SOLDIERS. ' i i v . Act providing for the support of families and dependents of, amended 8 Appropriations for, to be paid in Treasnry Warrants 16 Joint Resolution to provide for the relief of the sick and wounded in Arkansas and Louisiana 16 ' trn of soldiers east of the Mississippi River requested 17 rE, The disposalof unappropriated, regulated 10 Surplus of, to be used for buying treasury Warrants 11 Part of, arising from sale o'f cotton, appropriated as a sinking fund, &c , 11 STATE r.ONDS ht '"' t0 '" Vrfai " mone y- ^linqnishe.l T : See " Bond STATE. DEFENCE OF, Act providing for, repealed i > STATE TROOPS, •Transferred to Confeder;>-'> 81 b service 12 T TAXES. m „„ lnwhat fnndsto be collected TREASURY WARRANTS. To be issued and for what purposes 10 w WILL. Manner of proving ji ■ : I I • 7 3 " I ■ ■ ■ ■ ■ ■ ■ i ■ ma - - ' ■ THE STATE OF TEXAS, | Department or State y I, ROBERT J. Townes, Secretary of State of the State of Texas, do certify, that I haveWinpared the foregoing Laws and Joint Resolutions of the Extra Session of the Tenib^Legislature with the originals cow on file in this Depart- ment, and that they asretrue copies of such originals. ■ I further certify, that the Extra Session of the Tenth Legislature of the State of Texas, iu compliance with the Proclamation of the Governor, assera tiled on Monday, the ninth day of Mav, A. D. 1864, and adjourned on the twen^y«eighth day of .May, in the same year. In testimony whereof, I have hereunto signed my name, and caused the Seal of the Department of State to be affixed, at Austin, this 20th of July, A. D. 1864. R. J. Se-creto'ii/ of State ■ CONSTITUTION OF THR STATE OF TEXAS. ( 3<53Sf STIT1 J TION* THE STATE OF TEXAS PREAMBLE. We, the people of the State of Texas, acknowledging, with grati- tude, the grace of God, in permitting us to make choice o;' our form Pr< o! government, do ordain and establish this Constitution : ARTICLE I. j- BILL OF RIGHTS. That the general, great and essential principles of Liberty and Free object i Government may be recognized and established, we declare that — or Right;?.. Section I. All political power is inherent in the people, and all Politic * 1 ^:ee governments are founded on their authority, and instituted for lxmer their benefit ; and they have at all times the inalienable right to alter, reform or abolish their form of government, in such manner as they may think expedient ; and, therefore, no government or authority can exist or exercise power within the State oi Texas, without the con- sent of the people thereof previously given : nor after that consent be withdrawn. „ , . . Sep. 2. All freemen, when they form a socidl compact, have aeserted-e.v equal rights ; and no man. or set of men. is entitled to exclusive sep- elusive pri- arate public emoluments or privileges, but in consideration of public Alleges do services. Died - Sec. 3. No religious test shall ever be required as a qualification No , C iigious to any office or public trust in this State. test. . 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 .con- science in matters of religion ; and no preference shall ever be given J^jy^nd '' by law to any religious societies or mode of worship, lint it shall be micrntion. the duty of the Legislature to pass such laws as [may] shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship. * TbewordB, or letters enclosed in bracket.*, are found upen tbe original roll in pencil, ane" ocay tsvr I-- r intended :.f orrectionB, but by w bom n>at> does cot urpew 26 Liberty of ggc. 5. Ever/ citizen shall be at liberty to apeak, write or publish ofttu^rareL ^ s OP" 1 ' 0118 on an y subject, being responsible tor the abuse of that ' privilege : and no law shall ever be passed curtailing the liberty of speech or of the press. prosecution 1 Sec. 6. In prosecutions for the publication of papers investigat- for libel. *ing the official conduct of officers, or men in a public capacity, or Rights of u w ^ ea tne nailer published is,pEoper,forpuWic information, the truth ry in trial for thereof may" bd given in evidence! A.rfrrin^all indictments for libels, libel. the jury shall have the right to determine the law and the facta, un- der the direction of the court, as in other cases. Protection ^ec. '* ^e P eo P' e s ^ a il be secure in their [persons,] houses, papers against and possessions, from all unreasonable seizures or sea[r]ches ; and no searches and wawaujf to soarch--ah^place^»dr fcoleeize any person or thing, shall seizures. issue, witaout^escribing them as near asmayoe, nor without proba- ble cause supported by oath or affirmation. " Rights of ac- Sec. 8. In all criminal -prosecutions, the accused shall have a cused per- speedy public trial, by an impartial jury : he shall not be compelled sons. to give evidence against himself : be 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 obtain- ing witnesses in his favor : and ho person shall be holdehlto 1 answer - for any criminal charge, but ofl indictment or information,' except in- cases arising in the land or 'naval forces, or offences against the" law*' ! regulating the militia. fain oequired, nbi excessive fines J: cesaiva fines imposed, nor cruel or unus&al punishments inflicted. All courts sh4.ll uTurf* punish- be open; and every person for an injury .done him in his lands, goods,, . o^en t <«> n I £-'t Cted ' person, or reputation, shall have remedy by due course of law Nojjereonphaii Sec. 12. No person, for the same offence, shall be twice put. in bo t*ie e putin jeopardy of life or limb ; nor shall a person be again put upon trial , iffe P or d umb ° r for the same offence after a verdict :.f not guTJty J and the right^of same offence. ir - 1A \ ^y j ar y 8 ^ a n remain inviolate' Kight 10 boa.- Skc. 13. Every citizen shall have the right tp k jeep tad bear arms, ?.™ s " aran ' in the lawful defence of himself or the Stat - no bill of at- Sec 14. No bill ot attainder,' e.c post facto ht-v. retroactive law,-.6r f a ct <,er ' expost aQ y * aw i9*P#rH% ^ obligation ot contracts r-b:tli be made, and no » a c C tive° r iaw' r to person V property, §&*$ &p taken or applied to public use, without . t>e made. adequate compensation being made, unless b% tne.consant of such , No imprison- perSOIl. Nopewnto.be SeC ' ** N ° P ers0n shaU eV,Jr l '" SWP 1 ^!^ !0r ael,t - fied^e riv' Se(v 16 - No titiw>a oHMs State shall be deprived of life lilfe*it^ ' ed or ufe, e uber- property, or privileges, 'outlawed; exiled, or in any -manner disfrafi- du^pV^ol chi'sed, except by due course of the law of the land. Mmta aubor Sec. 17. ■ The military shall at all' times be subordinate to t he civil ' . the geniu* , monopolies. of a tree, government and shall never be, allowed, ;_ nor snail the Law »K yn f^ >y , i of primogeniture or entailments ever be ia Force in this State. Sec. lS, The citizens .shall have, the right, ia a peaeeablo manner, tuehtor«aaem to assemble together for their common good, m-i. t<> apply to those £,'"f ,;,*"" oC invested with the powerfsj of government, for redrusi of grievance, or. other purpose*, by petition, addresser reiiion-tri:).' Sec. 20. No p'ower of saspendiug laws in ;bi* gtfafeshjalj ercised. except by the Legislature, or its authority. _ Sec. Bl; To guard against transgressions pf ilt.' '.ugh powers .hcrei n SuuiS«^.i delegated, we declare that .everything, -iu tl^U • Bill of Rights" is^i out Qr*»« excepted out ot the general powers of government md\si^llToi:^^r|^ a |!J^ 4 ,¥^ • remain inviolate, and all laws contrary thereto or to Ine 'oll>wiog' provisions, shall '.»• ■•■ >.>! ARTICLE II DtV:- TITr: POWERS O? GOVERNMENT. SK.rTio.N i . -ernmen' of tbt 1 3t»<% ot Texas Departure shall be divided fifto three distfnct"departm"ii«s. aad each of them be of goverom-t confided to a, separate body of magistracy- to-vit : thoue which are * ieflned - Legislative l<> one— those which are Executive fco another, and those which are Judicial to another ; and do person, or collection of per- sons, being e: one off those departments, shall exercise any power properly attached to eifnef if the ^hefsj, ex Pept tri fcKe install herein expi •»•'■! article in. LEGISLATIVE DEPARTMENT. Section 1. That all persons who were citizens of the State of Texas on the second day of March, eighteen hundred, and sixty -one : Qualifica - all persona born after that time, of parents citizens of this State ; all tiona of. ete<- persons born in this State of parents residing in and entitled to ac-. tore quire the rights of citizenship : all citizens of either of the Confeder- ate States of America, or of any State which may hereafter be ad- mitted into uaion with the Confederate States of America, on terms of equality with them, immigrating to and permanently residing in this State : all persons naturalized by the Constitution and laws of- the Confederate States of. America and of this State, and permanently residing thoroin. (Indians not taxed, negroes and their doscendant- excepted,) shall be citizens oFthe State of Texas. Bbq 2, All free male citizens of this State, as defined in the pre- ceding section, over the age of twenty-one years, who shall have re- sided in this State one year next preceding an election, and the last Qualified six months in the district, county, city or town in which they offer to l>loctors vote, shall be deemed qualified electors ; and should any such quali- fied 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 ««,-„ TOtee torote for any district officer, and qualified electors shall be permit- ^^ baoat. ted to rote anywhere in the State for State officers : provided, that no soldier, seaman or marine lathe regular armyor navy of the Confederate States of America, shall be entitled to vote at any elec- tion created by this Constitution Sep. 3v Electors :m all cases saili Iw privileged from arrest ,.. J . llega ^ during their attendance at elections, and in going to aad returning doctors . | Privileges of from the same, except in cases of treason, felony, or breach of the electors. peace Tbe tegisla- Sec. 4. The Legislative powers of this State shall be vested in ture. two distinct branches ; the one to be styled the Senate, and the other the House of Representatives, and both together, the '' Legislature of Sty!eof!aws the State of Texas." The style of [all] the laws shall be, •'Beitenacted "by the Legislature of the State of Texas." Representa- Sec. 5. The members of the House of Representatives shall be t ves— term chosen by the qualified electors, and their term of office shall be two of office. years from the day of tbe general election. And the sessions of the aivEB SC Legislature shall be biennial, at such times as shall be prescribed by law. Sec. C. No person shall be a Representative, unless be be a ciii- for &i: Repre S zen of this State, and shall have been an inhabitant of this State sedatives." two years next preceding his election, and the last year thereof a See sees. 25, resident of the district, county, city or town for which he shall be 26,and2: of chosen, and shall have attained tbe age of 21 years at the time of his ****■ election. Elections Sec. 7. All elections by the people shall be held at such time and ■gonerally. places in the several counties, cities or towns, as are now, or may hereafter be designated by law. Senators— Sec. 8. The Senators shall be chosen by the qualified electors for their term the term of four years ; and shall be divided by lot into two classes, of office. [as] nearly equal as can be. The seats of Senators of the first class Classifies s h*N be vacated at the expiration of the first two years ; and of the tion of. * second class at the expiration of four years ; so that one-half thereof shall be chosen biennially thereafter. Sec. 9. Such mode of classifying new additional Senators shall New Sena- be observed, as will as nearly as possible preserve an equality of tors—bow number in each class. classified. g EC> 10 -\yhen a Senatorial district shall be composed of two or Senatorial more counties, it shall not be separated by any county belonging to Districts. another district. Qua? ficat'ns Sec. 11. No person shall be a Senator unless he be a citizen of for Senators, this State, and shall have been an inhabitant of this State three years See sees. '25, next preceding the election, and the last year Ihereof a resident of ibis Art 2 " 0l ^ e district f° r which he shall be chosen, and have attained the age of thirty years. SBO. 12. The House of Representatives, when assembled, shall Orgaajzation elect a Speaker and its other officers, and the Senate shall choose a Eocses lVl ° President for the time being, and its other officers. Each House shall cjuaiific'at'ns judge of the qualifications and elections of its own members, but contested el- contested elections shall be determined in such manner as shall be ect'ns. Quo- directed by law. Two-thirds of each House shall constitute a quo- jpurnments rum to ^° 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. „. „ , Sec. 13. Each House may determine the rules of its own proceed- over mem- ^S s t punish members for disorderly conduct, and, with the consent bers. of two-thirds, expel a member, but not a second time for the same offence. Sec. 14. Each House shall keep a journal of its own proceedings, Journa!*. 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 mem- bers present, be entered on the journal[s]. Sec. 15. When vacancies happen in either House, the Governor, ihe^Legisia 2 or tn e person exercising the power of the Governor, shall issue writs ture. cf election to fill such vacancies. 29 mx. 16. 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 mem- ber may reside from the place at which the Legislature is convened. Sec. 17. Each House, may punish by imprisonment during the Pu i 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 fortv eight hours. Sec. 18. The doors of each House shall be kept open. Open Sec. 19, Neither House shall without the consent of the other, adjourn for more than three days : nor to any other place than that me ^ ^ n in which they may be sitting without the concurrence of both Houses. Sec. 20. Bills may originate in either House, and be ameudt altered, or rejected by the other ; but no bill shall have the force of bl118 - a law until on three several days it be read in each House, and tree 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. Sec. 21, All bills for raising revenue shall originate in the House i)n - of Representatives, but the Senate may amend or reject them as revenue, other bills. Sec. 22. After a bill or resolution has been rejected by either Reeled branch of the Legislature, no bill or resolution containing the same bills, substance, shall be passed into a law during the same session. Sec. 23. Each member ot the Legislature shall receive from the Compeasaf a public Treasury, a compensation for his services, which may be in- ^ e "^^™ r creased or diminished by law ; but no increase of compensation shall this Art. take effect during the session at which such increase shall be made. Sec. 21. No Senator or Representative shall, during the term for ineligibility which he may be elected, be eligible to any civil office of profit of inembere under this State, which shall have been created, or the emoluments \° ^ of which may have been increased during such term : and no mem- ber of either House of the Legislature shall, during the term for which he is elected, be eligible to any office or place, the appoint- ment to which may be made in whole or in part, by either branch of the Legislature; nor shall the members thereof be capable of presid'ntpra voting for a member of their own body, for any office whatever, tern, of except it be in such cases as are herein provided. The President al °- for the time being of the Senate, and the Speaker of the House of s i yv ^ er of Representatives, shall be elected from their respective bodies. thc Houfla Sec. 25. No Judge of any court of law or equity. Secretary of Holders or in State, Attorney General. Clerk of any court of record. Sheriff or crative offl Collector, or any person holding a lucrative Office under the Con- ^ Notw» federate States of America,or this State, or any foreign government, fu c - SO f tr'st shall be eligible to the Legislature ; nor shall any person at the same or profit to time, hold or exercise any two offices, agencies or appointments of b « n e ld °r trust or profit under this State : provided that offices of the militia, same ^ rsou to which there is attached no annual salary, and the office of Justice of the Peace shall not be deomed lucrative. Sec. 26. No person who at any time may have been collector of taxes, or who may have been otherwise entrusted with public mc iey, holders ™ of shall be eligible to the Legislature, or to any office of profit or ist P ui,ij C mon under the State government, until he shall have obtained a discfc ;e ey ineligible &80 Bfogsthtf amwrit ol dtaek eotlecthia. isqpliil &MBA&o$ubJ$e miiueys-with ,.','.' ' r ; vdficbAce-'jr.ayJjtore'.toeea entisastedc^ "r doused k ^oobl r ' "'Sec. 1:7..- -.Ministej-.-c.of. Uie.GospeLiJehigtby ': IthsiispffifeBteigftrdftAi- MiniBtcrB r-^aXeditoGodand I*ta «are of souls7,.hifght coir*.. bft< diverted ciitfin eligible. L ttat -'"great i duties ^i'-their: fnhetron? ;. therefbiex no Jilitthfterrtpf'^e 1 ^u^^toJf-riaatei^amy^ifeiBJj^.tw^n whateM^.BJS&n.lie eligible totheTiegislature: :■ " . ibSfi 28; i : Elections.*" u-^enatDiipfeand" Bepreisfii&ath'ewi^iiUk-bfejgga- ttau^een* pral throughout .the State, and shall bftregnlated'hy'law. ra j. Sec. 29. The Legislature shall at their first meeting-.iarid .'ifewie year one thousand eight hundredtuid forty-eight and: City? aud.every . , eight years thereafter* caase:auenfimeratiouBo:-be -fllade:0f ajt ih' j • free:, inhabitants (Indians :not :: taxed j> Africans , and descendant* are omitlM-..]/ omitted. Sec- Si. :The fhrniir i—i)wli HlflifilrtiiHiif n ilhftljili the .-a«ifte«(«»ain after the- seiver&l p.eriodSi<>fj-taaKmg:f fib&eiLumer'aiio&.-bei^ftiqftGtiy Apportion- the Legislature, and be apportioned among the several^Sistriet* to b<- menfcof Hen- established: by law; iidoardiag; to :th.eiautnber-bf::qiUAlifietL'e.lei8ors, 'mndahalffievEr:be3eBsr*baTCnin«.te^^^ to Sec. 33. The first session of the Legislature, after tttoi addition ■ it .thin Constitution, -by -the Qocgr^ftol:ihe.'fUnite,d:State8^Bhj9J| be ^1°§™'**"H ux :the::city,of Austin, the.prje^t.fiea/oi. goYern.me&t$£*«d thereafti^jUBtiii*be:y2Raxoii'', .-.tboiksana;. eight fahttdrjad -andjeflfty i seat '''•■<"" then the Governor phall issue his- proclamftUpaJtora^e^g^,:^) v) jfio be bo.lden ja.the saflae.mannefj en- the firetr Monday iprQet^ejieige thousand eight hundred and fifty, between the two R) a £ftftffc#&$Vg thoiJgbe8t number of votes, at the first eleetipa. : . MT^gl^wn shall be conducted in the fiame manner as at the first, aaii ^^thefg^njps made to the Governor, and the place having theLb^hefltnanAef^l' votes shall be the seat ot government for the ^iaa: her§j» §gfore provided. : j jj odwiO ,89ZCl o v'jffio ice c; io .S'ljjteleigeJ s£j oJ eldigila sd Hade ■ i<: : p:-:c: - ; 'M«J 'me Legislature may fron. tune to tim<- olduih and Vftablish : and pjw,r /nch.'iitr'iffdiclinai rr,;iy be vevted in corporation fcojirt^j uc may be 'j.'-m-a nccessarv, and be dlrec^d by law. ? ni wft 1'. The Supreme Court 'shall" consist of (t'Chie two Ae-spciaU'.*. any two of whom shall form a quorum. Court. pfcmeCoirrt shall have appellate jurisdiction only, Mich shall 6f^ co-extensive' with 'tin* limits of the State; but iu. iuilHC Arijpiru' Cadj&C and in appen..- rroni interlocutory judgment", with of Supi rf'gu&tjdhfe a* the Legislature shrill Court. 'Arialte. And th'e Supreme Court and M6$i%' thereof pa'H IrWfe power t6 ;!©ue tfte writ 61 toifcxW totjhd, and omSer Byicbl j#gfcfa- Jud * c tioiVs op' may be phetecribf nay WotSe writs of fitahtoatfils, ™ r *^ ,9SUC arid 'such r'h^r -writ, :.- i iw"n! juris- diction, iititi also com Ebe Dtytijicl ; 1 to ' trial' atd Judgment □ \n<\ the Supremo Court shnlt hold ft& fossibhs'ione'e every year Wetwee'n the ft • ) •tob,- and $ j Thno, inc.Tririvr. Alt r.r.'more than three- pmces lii tire Sia^o. Sec. 4. The Supreme Court phali appoint iu v,wn clvti^, tfho Clerk. preme Court 1 by law. . The «ovVra;.r"«8IF«fi>Kfaate, and by flWHwiBr' ttoafitffce aiB'consfcirf oTiwo-inmfc of t:hu rVnaV. shall appoint' the Juflg'es of ' the Supreme ahprt3 , cribctiby'TAw'. : ' '--«'oqqa otl Iladg sioilT £] _. Jtb?fr%^d$&M$M<> wdmun insio £,£'?:"^ >•? dTvidet?fl# wSm^McSE^viB:- "iS" i I ;h<^Mll Ve^&efffa^btyfcftJ aJndfre j udioiffl1 sfi. m fenHlafed bold the r urts at one plareJn &*{.*«£' f, Wb^sKaH.re8?1 fha-n Judtros shall not hb in- Arl - ;>6. • ^r^s^a^V diminished during their continuant fa offlw. V' r •B*b!"8. h| Th*iJnag<^ o<: $jg !*«prpinc and TK^trlct Coirrt(», r«at>'bu 'W^Wyjefet-n'^r. <■-, the addtxw of twr thirds 6¥ <»WliK* mQ **j ' '0^fM?ln^«>atiiTe, r>r v,iif»l ne?le;t of dusy or oth.T nxiriK- from rttw ^abife^aftS* Wtrfetmirttot be pufBcient ground for* impear-TiTny.-if provided however, that the cause or caused for which such removal shall be required, clmll'he «Uvt»d at It^nrth in racb addrw? «n. 37 t. sred oa the journals of eaca H^use ; uad p. ovided lurther, tb. : th j cause or causes shall be notified to the Judge so intended to be re moved 5 and he shall be admitted to a hearing in his own defence before any vote for such address shall pas3 : And in all such cases, the vote shall be taken by yeas and nays and entered on the journals of each House respectively. .Judges to be Sec. 9. All Judges of the Supreme and District Courts shall, by vir- couserrators tue of their offices, be conservators of the peace throughout the State, of the peace. The gtjrle of all writsand p roces s shall be- The State of Texas. 1 ' All >tyle ° f P r0 " prosecutions shall be carried on in the name and the authority of the " State of Texas,'' and conclude, -'against the peace and dignity of the State." Jurisdiction Sec. 10. The District Court shall have original" jurisdiction of all aad power* criminal cases of all suits in behalf of the State to recover penal- " f r ,istriot tics, forfeitures and escheats, and ot all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to any distinc- tion between law and equity, when the matter in controversy shall be valued at, or amount to one hundred dollars, exclusive of in- terest ; and the said courts, or the Judges thereof, shall have power to issue all writs, necessary to enforce their own jurisdiction and to* give them a general superintendence and control over inferior juris- dictions. And in the trial of all criminal cases, the jury trying the same seaf certain ^all un( ^ an< ^ assess tae amount of punishment to be inflicted, or fine dues. imposed, except in capital case.-, and where the punishment of fine imposed, shall be specifically imposed by law. Clerk of His * ^' There 8uau lje a Clerk of the District Courts for eacb trict Conn 8 county, who shall be elected by the qualified voters for members of the Legislature, and who shall hold his office for four years, subject to removal by information, or by presentment of a grand jury and con- viction by a petit jury. In case of vacancy the Judge of {be district shall have the power to appoint a Clerk, until a regular election cao be held. Sec. 12. The Governor shall nominate, and by aud with the ad Obsolete by vlce anu consent of two-thirds of the Senate, appoint an Attorney operation of General, who shall hold his office for two years, and there shall be amendments elected by joint vote of both Houses of the Legislature, a District IS50 ' 16 ' attorney for each district, who shall hold his office for two years; and the duties, salaries and perquisites of the Attorney General and District Attorneys shall be prescribed by law. Justices of Sec. 13. There shall be appointed for each county a convenient tue •Peace, number of Justices of the Peace, one Sheriff, one Coroner, and a suffi- sheriff, Coro- cient number of Constables, who shall hold their offices for two rubies " years, to be elected by the qualified voters of the district or county. Term. as * ne Legislature may direct. Justices of the Peace, Sheriffs and Certain otti Coroner's, shall be commissioned by the Governor. The Sheriff cerg c»m- shall not be eligible for more than four years in every six. missioned. Sec. 14. No Judge shall sit in any case wherein he may be inter - Judges shall este( i, or where either of the parties may be connected with him by not sit. affinity or consanguinity, within such degrees as may be prescribed by law, or where he shall have been of council in the cause. When the special Supreme Court or any two of its members shall be thus disqualified judges to sit to hear and determine any cause or causes in said court, or when no m Supreme judgment can be rendered in any cases or cases in said court, by be^ppointod reason 0I " tne equal division of opinion of said Judges, the same by the Gov- shall be certified to the Governor of.the State, who shall immediately ernor. commission the requisite number of persons learned in the law. for *This word " to" is crosaeJ by pencil mark in original. 33 the trial and determination oJ said case or cases. When the Judges »n District of the District Court are thus disqualified, the parties may, by con- 2jJ^Jj t b ? sent, appoint a proper person to try the said case ; and the Judges T ^ par of the said courts may exchange districts, or bold courts for each^c^™*^ other, when they may deem it expedient, and shall do so when di- districts, &c rected by law. The disqualification of Judges of inferior tribunals, Disqualifies shall be remedied as may hereafter be by law prescribed. tion of infe- Sec. 15. Inferior tribunals shall be established in each county for rior , tr, '" i appointing guardians, granting letters testamentary and of adminis- na tration ; for settling the accounts of executors, administrators and i^,,,.,,,,. guardians, and for the transaction of business appertaining to es-Courte. tates ; and the District Courts shall have original and appellate jurisdiction, and general control over the said inferior tribunals, and original jurisdiction and control over executors, administrators, guardians and minors, under such regulations as may be prescribed by law. £eo. 16. In the trial of all causes in equity in the District Coui' the plaintiff or defendant, shall, upon application made in open by jury in court, have the right of trial by jury, to be governed by the rules •Vltywas*. nil regulations prescribed in the trials at law. Sec. 17. Justices of the Feace shall have such civil and criminal JbBttoes' ju jurisdiction as shall be provided for by law, risdiction. Sec. IS. In all eases arising out of a contract, before any inferior ^^1 by jury judicial tribunal, when the amount in controversy shall exceed ten before infer i dollars, the plaiutiff or defendant shall, upon application to the pre- or tribunal* siding officer, have the right of trial by jury. Sec. 19. In all cases where Justices of the Peace, or other judicial ^tudta eU officers of inferior tribunals shall have jurisdiction in the trial of (rul i jq id* causes, where the penalty for the violation of a law is fine or im- rerior tribe prisonment (except in cases of contempt) the accused shall have the nals in all ca right of trial by jury. "jf- wl "" re - ARTICLE V. EXECUTIVE DEPARTMENT. Section I. The supreme executive power of this State shall begxecatlve vested in the Chief Magistrate, who shall be styled the Governor of power, the State of Texas. Sec. 2. The Governor shall be elected by the qualilied electors Election or of the State, at the time and places of elections for members of the Governor Legislature. Sec. 3. The returns of every election for Governor, until other- Returns of wise provided by law, shall be made out, sealed up, and transmitted election to the Seat of Government, and directed to the Speaker of the House ot Representatives, who shall, during the first week of the session of the Legislature thereafter, open and publish them in the presence of both Houses of the Legislature ; the person having the highest number of votes, and being constitutionally eligible, shall be declared by the Speaker, under the direction of the Legislature to be Governor ; but if two or more persons shall have the highest in case 01 a and an equal number of votes, one. of them shall be immediately tl0 chosen Governor by joint vote ot both Houses of the Legislature, contested e Contested elections for Governor shall be determined by both Houses lections fo- Of the Legislature. Governor Sbc. 4. The Governor shall hold his office for tho term of two years from the regular time of installation, and until bis successor i; U beraatori shall be dulv qualified ; but shall not be eligible for more than four ai terta.ani 3 34 quahficat'ns years in any term of six years ; he shall be at least thirty years of of Governor. a g e> glia u -^ e a citizen of the State of Texas, and shall have resided in the same three years immediately preceding his election. Salary. Sec. 5. He shall at stated times, receive a compensation for his services, which shall not be increased or diminished, during the term *** ** 7 > for whicb he shall have been elected. The first Governor shall re- ' ceive an annual salary of two thousand dollars and no more. Commander- Sec. 6. The Governor shall be Commander-in-Chief of the Army in-chief. a nd Navy of this State ; and the Militia, except when they shall be called into the service of the Confederate States of America. May require Sec. 7. He may require information in writing from the officers information of tne Executive Department, on any subject relating to the duties tobeg.ven. Qf ^^ regpective offices . May convene Sec. 8. He may, by proclamation, on extraordinary occasions con- and adjourn vene the Legislature at the Seat of Government, or at a different Legislature p i ace) jf that should be in the actual possession of a public enemy : case's* in case of disagreement between the two Houses, with respect _ to adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the Leg- islature. Shall com- Sec. 9. He shall, from time to time, give to the Legislature in- municate formation, in writing, of the state of the Government, and recom- ^ ith , the mend to their consideration such measures as he may deem expedient. Shall see™ Sec - 10, He sba11 take care tbat the laWS be f < iitnhlllv executed, lawsexect'd. Sec. 11. In all criminal cases, except in those of treason and im- peachment, he shall have power, after conviction, to grant reprieves May grant aQ( j par( j ons ; an 0 oils at large upon the journals and proceed to reconsider it ; it'. such reconsideration, two thirds of the members present shall agree to pass the bill.it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered ; if approved by two-thirds of the members present, of that House, it shall be- come a law : but in such cases the votes of both Houses shall be de- termined by yeas and nays, and the names of the members voting for or against the bill, shall be entered on the journals of each House respectively : if any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been pre- sented to him, the same shall be a law in like manner, as if he had signed it. Every bill presented to the- Governor one day previ- ous to the adjournment of the Legislature, and not returned to the furncd tobe- House in which it originated before its adjournment, shall become a oomelaws.1 law. and have the same force and effect as if signed by the Governor. Sec. 18. Every order, resolution or vote, to which the concurrence ToJnl rc;olu . of both Houses of the Legislature may be necessary, except on t iona, orders questions of adjournment, shall be presented to the Governor, and &c.,tobeap- before it shall take effect, bo approved by him; or being disap- proved by proved, shall be repassed by both Houses, according to tbe rules and the Gover " limitations prescribed in the case of a bill. 36 Notaries Sac. 19. The Governor, fay and with the advice and consent of public. two-thirds of the Senate, shall appoint a convenient number of No- taries Public, act exceeding six for each county, who, in addition to such duties us :vre prescribed by law, shall discharge such other duties as the Legislature may from time to time prescribe. Bbminations Sec. 20. Nominations to fill vacancies that may have occurred during the rece-b, shall be made to the Senate during the first Leu days of its session. And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. And should the Governor fail to make nomi- nations to fill any vacancy during the session of the Senate, such vacancy shall not be filled by the Governor until the next meeting of the Senate. ernor'e Sec. 21. The Governor shall reside, during the session of the residence. Legislature, at the place where the sessions may be held, and at aii other times whenever, in their opinion, the public good may require. ooother Sec. 22. No person holding the office of Governor, shall hold any other office or commission, civil or military. Sec. 23. A State Treasurer, and Comptroller of public accounts ii r '': i Vv l 1 ^ r ' shall be biennially elected, by the joint ballot of both Houses of counts 1 * ne Legislature, and in case of vacancy in either of said offices, dnr- tc. ' ing the recess of the Legislature, such vacancy shall be filled by the see amend Governor, which appointment shall continue S» t see. a 4" noTt Bession of fh " Legislature thereafter. art. ft. ARTICLE VI. MILITIA. >r^iu?7.Ht l & ^ EC " ' Pgislattrre shall provide bylaw for organ'- ig ihd disciplined, disciplining the Militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of scruples to the ''Confederate States of America/' in relation thereto. i>ear arms. g EC <>. Any person who conscientiously scruples to bear arms Ministers of shall not be compelled to do so, but shall pay an equivalent for per- ihe Cospel sonal service. Tree from Sec. 3. No licensed Minister of the Gospel shall be required to ccs " perform military dutv, work on roads, or serve on juries in this State. m£ ca'lfout Sec - 4 " The Governor shall have power to call forth the Militia ihe militia, to execute the laws of the State, to suppress insurrections, and to repel invasions.. ARTICLE VII. GENERAL PROVISIONS. Section. 1. Members of the Legislature, and aii officers of the State of Texas, before they enter upon the duties of their offices, shall take the following oath or affirmation : 9Bcial oath . I, (A. B.) do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my skill and ability, agreeably to the Constitution and laws of the State of Texas, and i also to the Constitution and laws of the Confederate States of America, so long as the State of Texas shall remain a member of Duelling that Confederacy. And I do further solemnly swear (or affirm) that oath. ' since the second day of March, A. D. 1861. 1, being a citizen of this 31 State, have not fought udael with deadly weap >us, within this State Due ' ' ' n r nor out of it, nor have I sent or accepted ft challenge to tight a duel oa with deadly weapons ; nor have I acted as se .Trying a chal- lenge, or (tided, ftdvisi - ed any i«'i- >•> il - . Sending -so help me God." Sec. 2. Treason against Khia State shall insist only in Idvyii war against it. or in adhering to its enemies giving them aid and comfort ; and no person shall b. Any . s State who Bhall ,'.;.■: the 21 day of Persons March, A. D. l£6l, tight.* duel with deadly w< [ ll any rtpj priation o*. money be made foi a longe , except for purpoBi no appropriation for private or indi- vidual purpo q es,or purposes of internal improvement, shall be made, without : e of two-thirds of hot! Legit MOre, A r' . rid expendi- published lutes ol all public \ onej i published annually in such manner annually, as sha. w. And in no case shall the Legislature have the power to iesue"T« isnryWari I . '- ;■ V , r i,™ed^ 5 o: paper of any des ripti m intended 1 i Sko. 9. Ail civil officers shall reside within I . : . . county officers, with'n their d shall ke p theii ofl es at such l ■ t by Sec. 10. The duration of all offices not i shall nevei e ■ ■ eed fi r y< 38 Absence from the State. Deductions for neglect of duty. Members of Congress and others, ineli- gible. Change of venue. Pen- itentiary. Arbitration. Revision and digest of laws. Divorce. Marital rights. Rights of property and of action ac- quired un- der the Re- public, &c. Void titles, claims, and grants. Property ex- empt from foroed sale. Cases when officers shall hold over. Sec. 11. Absence on tbe business of this State, or the ••Confede- rate States of America," shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed +o any office, under the exceptions contained in this Constitution. _ Sec. 12. The Legislature shall hive power to provide for deduc- tions from the salaries of public officers, who may neglect the per- formance of any duty that may be assigned them by law. Sec. 13. No member of Congress, or person holding or exercising any office of profit or trust under the " Confederate States of Amer- ica," or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold" or exercise any office of profit or trust under this State. Sec. 14. The Legislature shall provide for a change of venue in civil and criminal cases; and for the erection of a Penitentiary at as early a day as practicable. Sec. 15. It shall be the duty of the Legislature to pass such laws as may be necessaiy and proper, to decide differences by arbitration, when the parties shall elect that method of trial. Sec. 16. Within three years after the 2d day of March, A. D., 1861, the laws, civil and criminal, shall be revised, digested, ar- ranged and published, in such manner as the Legislature shall di- rect ; and a like revision, digest and publication shall be made every ten years thereafter. Sec. 17. No lottery shall be authorized by this State : and the buying or selling of lottery tickets within this State is prohibited. Sec 18. No divorce shall be granted by the Legislature. Sec. 19. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property ; and laws shall be passed more clearly defining the rights of the wife, in rela- tion as well to her separate property as that held in common with her husband. Laws shall also be passed providing for tbe registra- tion of the wife's separate property. Sec. 20. The rights of property and of action which have been acquired under the Constitution and laws of the Republic of Texas shall not be divested ; nor shall any rights or actions, which have been divesteu, barred, or declared null and void, by the Constitution and laws of the Republic of Texas, be re-invested, revi[v]sed or rein- stated by this Constitution ; but the same shall remain precisely in the situation which they were before the adoption of this Consti- tution. Sec. 21. All claims, locations, surveys, grants and titles to land, which are declared null and void by the Constitution of the Re- public of Texas, are, and the same shall remain forever null and void. Sec. 22. The Legislature shall have power to protect bylaw from forced sale a certain portion ol the property of all heads of families. The homestead of a family, not to exceed two hundred acres of land, (not included in a town or city ;) or any town or city lot or lots, in value not to exceed two thousand dollars, shall not be sub- ject to forced sale, for any debt hereafter contracted ; nor shall the owner, if a married man. be at liberty to alieaate the same, unless by the consent of the wife, in such manner as the Legislature may hereafter point out. Sec. 23. The Legislature shall provide in what cases officers shall continue to perform the duties of their offices, until their successors shall be duly qualified. 39 Sec, 24. Every law enacted by the Legislature shall embrace but Laws to em- one object, and that shall be expressed in the title. onTob'ect Sec. 25. No law shall be revised or amended by reference to its . . title ; but in such case the act revised, or section amended, shall be ( i aws re-enacted and republished at length. Sec. 26. No person shall hold or exercise, at the same time, more Jo^^^re than one civil office ot emolument, except that of Justice of the than one of Peace. flee, except. Skc. 27. Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed iu proportion to its value, Taxation to be ascertained as directed by law, except such property as two- thirds of both Houses of the Legislature may thiuk proper to exempt from taxation. The Legislature shall have power to lay an income tax, and to tax all persons pursuing any occupation, trade or pro- fession : Provided, that the term occupation shall not be construed to apply to pursuits either agricultural or mechanical. Sec. 28. The Legislature shall have power to provide by law for p ropor ty ex exempting from taxation two hundred and fifty dollars worth of the empt from household furniture, or other property, belonging to each family in taxation, this State. Sec. 29. The Assessor and Collector of taxes, shall be appointed Assessors ft in such manner, and uuder such regulations, as the Legislature may ^[^ tor8 direct. Sec oQ. No corporate body shall hereafter be created, renewed, Banking pro- or extended, with banking or discounting privileges. hibited. Sec 31. No private corporation shall be created, unless the bill xwo-thirda creating it shall be passed by two-thirds of both Houses of the Legis- of Leg. may lature ; and two-thirds of the Legislature shall have power to revoke pass or re- and repeal all private corporations, by making compensation for the ^Doraf t0r franchise. And the State shall not be part owner of the stock, or s ta f e not°t» property, belonging to any corporation. own stock Skc. S2. The Legislature shall prohibit by law individuals from A11 p aper issuing bill*, checks, promissory notes or other paper, to circulate as money pro money. hibited. Sec. 33. The aggregate amount of debt- hereafter contracted by the Legislature shall not exceed the sumo'' five hundred thousand state debts, dollars, ($500,000) (except in case of war. to repel invasion or sup- press insurrection.) unless under the following restrictions ; that Loans, whenever a debt shall be contracted exceeding that amount, the law authorizing the same shall impose and provide for the collection of Direct aQQIJ . a direct annual tax. sufficient to pay the interest on such debt, as it a i tax to bo fails due, and also to pay and discharge the principal of such debt levied, within eighteen years from the time of the contracting thereof. On the final passage of such law, in either House of the Legislature, the question shall be taken by yeas and nays, and be duly entered on Yeas k nays the journals thereof. If no debt shall have been contracted in pur- to be had. suance of such law, the Legislature may repeal the same, or if a por- tion of the debt authorized shall have been contracted, the Legisla- ture may, at any time, by law forbid the contracting of any further debt or liability under such law ; but the tax imposed by such act, in proportion to the debt and liability which may have been con- tracted in pursuance of such law, shall remain in force and be irre- pealable, and be annually collected until the proceeds thereof shall have made full provision to pay and discharge the interest and prin- cipal of such debt and liability. The money arising from any loan or stock creating such debt or liability, shall be applied to the object or objects specified in the act authorizing such debtor liability, or to the re-payment of the same, and for no other purpose whatever. No 40 part of the specific tax authorized by this section shall be appropri- ated or set apart for any other purpose whatever, but exclusively to the payment of the interest and principal of such debt. New ccuc Sec. 34. The Legislature shall, at the first session thereof, and tiee. mav a t, an y subsequent session, establish new counties for the conve- aience of the inhabitants of such new county or counties. Provided, that no new county shall be established, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles, (except the county of Bowie,) unless by consent of two-thirds of the Legislature, nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as part of the county or counties from which it was taken until entitled by numbers to the right of separate representation. Oaartennc ^ EC ' ^" ^° so ^ er shall, in time of peace, be quartered in the of soldiers, house or within the enclosure of any individual without the consent of the owner, nor in time of war, but in a manner prescribed by <£*ernorc Sec * 36 - Tne saiarie s of the Governor, and Judges of the Su- and judges, preme and District Courts, are hereby fixed at the minimum estab- Art4SecV, lished in the Constitution, and shall not be increased for ten years. Art 5 Sec 7. MODE OP AMENDING THE CONSTITUTION. Sec. 37. The Legislature, by a vote of two-thirds of all the mem Mod© of am- j) ers f eacn House shall have the power to call a Convention of the "Jjj[ ffl people for the purpose of altering, reforming, or amending the Con- stitution. The Legislature, at any regular biennial session, by a vote of two-thirds of each House, may propose amendments to the Con- stitution, which proposed amendments shall be duly published in the public prints of the State at least three months before the next gen- eral election thereafter for Representatives to the Legislature, for tho consideration of the people, and it shall be the duty of the several returning officers at said general election to open a poll for, and make a return to the Secretary of State of the number of votes cast at Baid election, for arid against said amendment ; and if more than one be proposed, then the number of votes cast for and against each of them ; and if it shall appear from said return that a majority of the votes cast upon said proposed amendment or amendments have been cast in favor of the same, and two-thirds of each branch of the Legislature, at the next regular session thereafter, shall ratify said proposed amendment or amendments so voted upon by the people, the same shall be valid to all intents and purposes, as parts of the Constitution of the State of Texas. Provided, that the said proposed amendments shall, at each of said sessions, have been read on three several days in each House of the Legislature, and the vote thereon shall have been taken by yeas and nays. And provided further, that the rule in the above proviso shall never be suspended by either of said Houses. ARTICLE VIII. SLAVES. w« ejBMc, Section 1. The Legislature shall have no power to pass laws for nYtoa cf the emancipation of slaves. slaves. Sec. 2. No citizen, or other person residing in this State, shall have power by deed or will, to take effect in this State, or out of it. 41 in any manner whatsoever, directly or indirectly, to emancipate his ;;lave or slaves. Sec. 3. The Legislature shall have no power to p«i^ Miy law to !mi; , 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 j*"" committed any felony may be excluded from this State. slave? Sec. 4. In the prosecution of slaves for crimes of a higher grade than petit larceny, the Legislature shall have no power to deprive TTial them of a trial by jury, except in cases arising under the laws cerning insurrection of slaves. Sec. 5. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment, as would be inflicted in ""' case the like offence Lad been committed upon :•. free white person, person of and on the like prool : except when such slave has committed, or attempted to commit, a rape on a white female, oi ii rection of such slave. 8SC f». The Legislature shall have power to pa- eat them with human ARTICLE IX. IMPEACHMENT. ■oachment House o; Representatives. Sec. 2. Impeachment of the Governor, Lii tomey-General, Secretary of State, Treasurer. Comptroller, and the Judges of the District Courts, shall bo tried I Sec. o. Impeachments of Judges of the Suprc tried by the Senate. When sitting as a pour t of Senators shall be upon oath or aftirmatioc, and convicted without th< once of two-thii present. Seo. 4. Judgment, in cases of impeachment, shi only to p^ removal from office, and disqualification from holding any office of judgment honor, trust or profit, under this State ; but the shall, nevertheless, be sul according to law. Sec. 5. All officers against whom articles preferred, shall be suspended from the exeiv. of their peac i) ed office, during the pendency of such impeachmen!. The appointing s ha ; . power may make a provisional appointment to fill ; : i vacancy occa- P sioned by the suspension of an officer, until the de ision on the im- peachment. Sec. C. The Legislature shall provide for ament, lAWS mjUe and removal from office, of all other officers of to . ndict- for trial, &c. ment or otherwise. 01cr ARTICLE .\. EDUCATION. Section 1. A general diffusion of knowledge f-ential to the preservation of the rights and liberties of the people, it shall ' be the duty of the Legislature of this State to mane suitable pi sions for the support and maintenance of public schools 42 Provision for free schools by taxation. One tenth of annual reve- nue to be set apart, &c. School lands to be leased only. School lands to counties not received. 8gC. 2. The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their 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 of the State derivable from taxation, as a perpetual fund, which fund 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. Sjso. 3. All public lands which have been heretofore, or which may hereafter be granted for public schools, to the various counties, or other political divisions in this Slate, shall not be alienated in fee, nor disposed of otherwise than by lease for a term not exceed- ing twenty years, in such manner as the Legislature may direct. Sec. 4. The several counties in this State which have not received their quantum of lands for the purposes of education, shall be enti- tled to the same quantity heretofore appropriated by the Congress of the Republic of Texas to other counties. Fraud u lent land claims. Courts to be open for es- tablishment of certain land claims, until a cer- tain pencil. Aftor that time all de- clared null and void. ARTICLE XI Section' 1. All certificates for head-right claims to land, issued to fictitious persons, or which were forged, and ail locations and surveys thereon, are. and the same were null and void from the beginning. Sec. 2. The District Courts shall be opened until the first day of July, one thousand eight hundred and forty-seven, for the establish- ment of certificates for head-rights, not recommended by the Com- missioners appointed under the act to detect fraudulent land certifi- cates, and to provide for issuing pitents to legal claimants : and the 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 certi- ficates above referred to. not established or sued upon before the period limited, shall be barred, and the said certificates and all lo- cations and surveys thereon, shall be forever null android ; — and all re-locations made on such surveys shall not b a disturbed n ntil the certificates are established as above directed. (ien'l Land Office. Subordinate offices. ARTICLE XII. LAND OFFICE. Section 1. There shall be one general Land Office ia the State, which shall be at the seat of government, where all titles which have heretofore emanated, or may hereafter emanate from Government, shall be registered ; and the Legislature may establish, from time to time, such subordinate offices as they may deem requisite ARTICLE XIII. SCHEDULE. Process issu ed under Re- Section 1. That no inconvenience may arise from a change of vaiid. t0 be se P arate natural [national] Government, to a State Government, it 43 is declared, that ail process, which shall be issued in the name of the process issn Republic of Texas, prior to the orgaaizatioa of the State Government ^Xto be under this Constitution, shall be as valid as if issued in the name ot the State of Texas. Sec. 2. The validity of all bonds and reco^uiziaces. executed in Bonds-, i>ro conformity with the Constitution and lasvs of the Republic of 1 ' ■ <■ shall not be impaired by the change of government, but may be sued to be va I for and recovered in the name of the Governor of the State of Te>. i and all criminal prosecutions, or penal actions, which shall have arisen, prior to the organization of the State government under this gu , ta d( . Constitution, in any of the Courts of the Republic of Texas, shall be pending io prosecuted to judgment and execution in the name of said State. «J»ur» of the All suits at law and equity, which may be depending in any of the ' Courts of the Republic of Texas, prior to the organization ot le «eoutions State Government under this Constitution, shall be transferred to the proper court of the State, which shall have jurisdiction of the sub- ject-matter thereof. Sec. 3. All laws and parts of laws now iu force in the State of Laws to bo Texas, which are not repugnant to the Constitution of the Conteder- continued iu ate States of America, or the Constitution of this State, shall continue forc( '- ' ■ **■ 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 Legis- lature. Sec. 4. All fines, penalties, forfeitures and escheats which have Fines, forfei accrued to the Republic of Texas under the Constitution and lawa 'c.hoau a wbicu shall accrue to the State of Texas ; and the Legislature shall, by law, ir ' cniec i t<> provide a method for determining what lands may have been for- theRepublic. feited or escheated. [Sections 5, f>. 7. 8 and 1 1, i elate eutirely to the change from the ''Republic'-' to the •• State" of Texas, in 1845-6, and being now obso- lete, are omitted.] Ssc. 9. It shall be the duty of the President of Texas, irnmedi- JSJ^^Jc ately after the inauguration of the Governor, to deliver to him all tne ' g 07eru . records, public money, documents, archives, and public property, meat & pub of every description whatsoever, under the control of the executive lie property branch of the government ; and the Governor shall dispose of tlic g7nor° same in such manner as the Legislature may direct. SEC. 10. That no inconvenience may result from the change of Laws dclin government, it is declared that the laws of this Republtc relative to in ? tbe d ' J the duties of officers, both civil and military, of the same, shall re- Jj, e r * ° t(J ° re . main in full force, and the duties of their several offices shall be per- ma in in force formed in conformity with the existing laws, until the organization until, to. of the government of the State, under this Constitution, or until the 0ft - cerg re first day of the meeting ot the Legislature : That then the offices of p U g Ua nt a to President, Vice-President, of the President's Cabinet, Foreign Minis- uiis Consti ters. Charges and agents, and others, repugnant to this Constitution, tuttbn super shall 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 oih perseded by the authority of this Constitution or laws made in pur- cers oontm suance thereof. ued - * c Skc. 12. The first general election for Governor, Lieutenant- Time of gen . Governor and members of the Legislature, after the organization of erai 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 Lioutea nally thereafter, on the first Monday in November, until otherwise an provided by the Legislature. And the Governor and Lieutenant- 44 Time of gen- Governor, elected in December next, shall bold their offices unti. the for Governor i n8taUat ion in office of the Governor and Lieutenant-Governor to be .md Lieuten- elected in the year one thousand eight hundred and forty-seven antGovemor Done in Convention, by the Deputies of the people of Tex*-, at the City of Austin, this twenty-seventh day of August, in the year of out Lord one thousand eight hundred and forty-five. In testimony whereof, we have hereunto subscribed our nam js. THO. J. RU?K\ Preside 3 11. Raymond, Secretary. DEPARTMENT OF STATE. Ai'stin, June 20. 18tM. \ I, Robert J. Tow SES, 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, an> omitted : Sections 30 and 32, Art. Ill, and Ser: 6,7, y II and 13, Art. XIII, on tile in this Department. In testimony whereof, I have hereunto signed my and caused the Seal of the Department of State to be affixed, . r. tli*» day above written. R. .1. TOWNES. Secretary of S ... CONSTITUTION I THE OVISIONAL GOVERNMENT OONFKDKKATK STATES OF AMERICA. Wf, the Deputies of the .Sovereign and Independent States of So 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 shal! f-:*t occur ARTICLE I. SECTION 1. All legislative powers herein delegated shall bfi assembled, until otherwise ordained. SECTION 2. When vacancies happen in the representation from any State, the ^ame shall be filled in such manner as the proper authorities of the State shall direct. SKCTION 3. 1. The Congress shall be the judge of the elections, returns and qua, ilka tions 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 sh.ill be entitled to one vote, and shall be represented by any one or more of Deputies who may be present. 2. The Congress may determine the rules of its proceediugs, punish its mem bers 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 part*; as may in their judgment require secrecy ; and the yeas and nays of the members on any question, shall, a the desire of one-fifth of those present, or at the instance of any one State, bi stored on the iournal. 46 SECTION 4. The member o; Congress shall receive a compensation for their services, to be ascertained by law. and paid out of the Treasury of the Confederacy. They shall in all cases, except treason, felony and breach of tbe peace, be privileged from arrest during their attendance at the session of the Congress, and in going to and returning from the same : and for any speech or debate, they shall not be questioned in fmy other place. SECTION 5. 1. Every bill which shall have passed the Congress, shall, before it becomes a law, be presented to the President of the Confederacy; if he approve, he shall sign it : but if not, he shall return it, with his objections, to the Congress, who shall enter the objections at large on their journal, and proceed to recon- sider it. If. after such reconsideration, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays ; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be re- turned by the President within ten days (Sundays excepted) after it shall have been presented to him. the same shall be a law, in like manner as if he had signed it. unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. The President may veto any appropriation or appropriations, and approve any other appropriation or appropriations in une bill. 2. Every order, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and, before the same shall take effect, shall be approved by him. or being disapproved by him, shall be re-passed by two-thirds of the Congress, according lo the rules and limitations prescribed in the case of a bill. 3. Until the inauguration of the President, all bills, orders, resolutions and votes adopted by the Congress shall be of full force without approval by him. SECTION <;. 1. Tin power to lay and collect taxes, duties, imposts and excises, for the revenue necessary to pay the debts and carry on the Gov- ernment of the Confederacy ; and all duties, imposts and excises shall be uni- form throughout the States of the Confederacy. And this Congress shall also exercise executive powers, until the President is inaugurated : 2. To borrow money on the credit of the Confederacy : 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes : 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy : 5. To coin money, regulate the value thereof and of loreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederacy : 7. To establish post offices and post roads : 8. To promote the progress of science and useful arts, by securing, for lim- ited times, to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the supreme court : 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : 47 12. To raise and support armies ; but no appropriation of money (o (bat use shall be for j longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the jrovernment ami 6 !and ami naval forces : 15. To provide for calling forth the militia to execute the laws ol the Con - federacy, suppress insurrections, and repel invasions : 1G. To provide for organizing, arming, and disciplining the militia, and for governing such part of them a* may be employed in the service of the Confed- eracy, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : and 17. To make all laws which shall be necessary i od proper for carrying into execution the foregoing powers and all other powers expressly delegated by this Constitution to this Provisional Government. SECTION 7. 1. The importation of African negroes from ' tn y foreign country other than the slave-holding Statee ol the United - * ereby forbidden; and Con- is required to pass such laws as shall effectually prevent the same. 2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy. 8. The privilege of the writ of Habeas Corpus shall not be suspended unless, when ii 'ebellion or invasion, the public safety may require it. 4. No Bill of Attainder, or expost facto law. shall be passed. 5. No preference shall be given, by any regulation of commerce or revenue, to the ports of one State over those of another : nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties, to another. 6. No money shall be drawn from the Treasury but in consequence of appropriations made by law : and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. ongress shall appropriate no money from the Treasury, unless it be asked for by the President or some one of the heads of the Departments, except be purpose of paying its own expenses and contingencies. 8. No title of nobility shall be granted by the Confederacy ; and no person holding any office of profit or trust under it. shall, without the consent of the Congres-. accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign State. !'. Congress shall make no law respecting an establishment of religion or prohibiting the freeexercise thereof: or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition .eminent for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress. 10. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. 11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner : nor in time of war. but in a manner to be pre- scribed by law. 12. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the per- sons or things to be seized. 13. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in 48 lime of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself ; nor be deprived of life, lib- erty, or property, without due process of law ; nor shall private property be taken lor public use, without just compensation. 11 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State aud district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusa- tion ; to be confronted with the witnessess against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of council for his defence. m suit j ;it common law, where the value in controversy .-hail exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of th;> Confederacy, than according to the rules of the common law. 16. Excessive bail shall not be required, nor e i. nor ruel and unusual punishment inflicted. •17. The enumeration, in the Constitution, of certain rights, shall not be rued to deny or disparage others retained by the people. - not delegated to the Confederacy !>y the Constitution, nor prohibited by it to the reserved to the State sly. or to the people. 19. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of these States of the Confederacy, by citizen < of another Statr> or by citizens or sub- sectic:: 1. No State shall enter into unv treaty, alliance, or confederation; grint letters ot mfcrqne and reprisal; coin money; emit bill- of credit: make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, expost facto law. or law impairing the obligation of contra grant any title of nobility. ■1. No State shall, without the consent of the I kmgrett, lay any imposts or du ties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the Con federacy, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty ot tonnage, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. SECTION 1. 1. The Executive powers shall be vested in a President of the Confederate States of America. He. together with the Vice-President, shall hold his office for one year, or until this Provisional Government shall be superseded by a Permanent Government, whichsover shall first occur. 1. The President and Vice-President shall be elected by ballot by the States represented in this Congress, each State casting one vote, and a majority ot the whole being requisite to elect. 3. No person, except a natural born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this Constitution, shall be eligible 1o the office of President : neither shall any person be eligible to that 49 office who aha!! not have attained the age of thirty-five years and been four- teen yeara a resident of one of the States of this Confederacy. 4. In case of the removal of the President from office, or of his death, resig- nation, or inability to discharge the powers and duties of the £ aid office, (which inability shall be determined by a vote of two-fhirds of the Congress,) the .same shall devolve on the Vice-President ; and the Congreas may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring \vh it officer shall then act as President; and Bueh officer shall act accordingly, nutil the disability bo removed or a Presi- dent shall be elected. 5. The President shall, at stated times, receive for his services, daring the period of the Provisional Government, acompensat-on at the rate of twenty-five thousand dollars per annum ; and he shall not receive during that period any other emolument from this Confederacy, or any of the States thereof. 6. Before he enter on tho execution of his office, he 6hall take the following oath or affirmation : I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of America, and will, to the beat of mj ability, preserve, protect, and defend the Constitution thereof SECTION 2. 1. The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, and of the Militia of the several States.when called into the actual service of the Confederacy ; he may require the opinion, in writing, of the principal officer in oach of the Executive Departments, upon any subject relat- ing to the duties of their respective offices ; and ho shall have power to grant reprieves and pardons for offences against the Confederacy, except in cases of impeachment. i He shall havo power, by and with the advioc and consent of the Congress, to make treaties ; provided two-thirds of the Congress concur : and he shall nominate, and, by and with the advice and oon?ent of the Congress, Bhall appoint ambassadors, other public ministers and consuls, judges of the court, and all other officers of the Confederacy, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Con- gress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of de- partments. 8. The President shall have power to fill up all vacancies that may happen during the recces of the Congress, by granting commissions which shall expire at the end of their next session. SECTION 3. 1. He shall, from time to time, givo to the Congress Information of the state of the Confederacy and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, Convene the Congrsss at such times as he shall think proper ; he shall receive ambassadors and other puhlic ministers ; he shall take care that the laws be faithfully executed : and shall commission all the officers of the Confederacy. 2. The President, Vice President, and all civil officers of the Confederacy shall be removed from office, on conviction, by the Congress, of treason, brib- ery, or other high crimes and misdemeanors : a vote of two thirds shall be necessary for such conviction. 4 ARTICLE III. SECTION 1. 1. Thejudiciu) power of the Confederacy shall be vested in one Supreme Court, and in such inferior courts as are herein directed, or as the Congress may, from time to time, ordain and establish. 2. Each State shall constitute a District, in which there shall be a court, called a District Court, which, until otherwise provided liy the Congress, shall have the jurisdiction vested by the laws of the United States, as far as appli- cable, in both the District and Circuit Courts of the United States, for that State ; the Judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and snail, until otherwise provided by the Congress, exercise the power and authority vested by the laws of the United States in the Judges of the District and Circuit Courts of the United States, for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the District Courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supremo Court of the United States, or under such regula- tions as may be provided by the Congress. The commissions of all the judges shall expire with this Provisional Government. 3. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at iuch times and places as the Congress shall appoint. 4. The Congre&s nhall have power to make lawn for the transfer of any causes which were pending iu the courts of the United States, to the courts of the Confederacy, and for the execution of the orders, decrees, and judgment* heretofore rendered by the said courts of the United States ; and also all laws which niay be requisite to protect the parlies to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees. SKCTION 2. 1. The judicial power shall extend to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of ad- miralty and maritime jurisdiction ; to controversies to which the Confederacy shall be a party ; controversies between two or more States ; between citizens of different States ; between citizens of the same State claiming lands under grants of different St.. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both a* to law and fact, with such ex- ceptions and i:nder such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of Impeachment, shall be by jury, and Btich trial shall be held in the State where the said crimes shall have been eommitfed ; bat when not committed within any State, the trial shall beat such place or r laces as the Congress may, by law, have directed. 51 SECTION S. 1. Treason against this Confederacy .shall consist oniy in levying war against it, or in adhering to its enemies, giving them aid and cornier*. No person shall be convicted of treason, unless on the t<^!imony of two witne«.fe« to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except daring the life of the perfon attainted ARTICLE IV SUCTION 1. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, record? and proceed ingfl shall be proved and the effect of such proof SECTION 2. 1. The citizens of each State shall be entitled to all privileges and immu- nities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the Stato from which ho fled, be delivered up, to be re- moved to the State having jurisdiction of the crime. 3. A slave in one State, escaping to another, shall be delivered up, on claim of the party to whom said slave may belong, by the executive authority of th° State in which such slave shall be found, and in case of any abduction or forci- ble rescue, full compensation, including the value of the slave and all costs and expenses, shall be made to the party, by the Stato in which such abduction or rescue shall take place SECTION 3. 1. The Confederacy shall guarantee to every State in this Union, a republi- can form of government, and shall protect each of them against invasion ; and, on application of the Legislature, or of the K.vecutive, (when the Legislature cannot be convened,) against domestic violence. ARTICLE V 1. The Oongrcs8, by a voto of two-thirds, may, at any time, alter or amend this Constitution ARTICLE VI i. This Constitution, and the lawn of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the 52 Mithority of the Confederacy, ehall be the supremo taw of tho laud; aad (he Judges in every State shall be bound thereby, any ihingin the Constitution or taws of any State to the contrary notwithstanding 2. The Government hereby instituted shall take immediate steps tor the settlement of all matters between the States forming it, and their other late confederates of the United States, in relation to the public property and public debt at the time of their withdrawal from them ; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the common property, common liability, and common obligations of that anion, ■ The Congress shall have power to admit other States [Tho following ameadmsnt wa« adopted at the rie<*nod ft°«3k>n of the Pro- viscnal Congress :] No. 169] AN ORDINANCE Of the Convention of the Congress of the Confederal States. Be it ordabu I by tkc Congress of the Confederate States cf America, That the second paragraph of the first section of the third Article of the Constilu'ion of the Confederate Staton of America, be so amended in the first line of said paragraph, a? to road, " Each State shall, until otherwise exacted by law, con- in the sixth line, after the word "judge," add "or judges." Approved May 21tt. 1SC1. OOTsTSTTTT JTION* OP THE Confederate States op America, Wc, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent Preamble federal government, establish justice, insure domestic tranquility, and eecnre the blessings of Liberty to ourselves and our pc steriiy — invoking the favor and guidance of Almighty God— do ordain and establish this Constitution for the Confederate States of America : ARTICLE I SECTION 1. All legislative powers herein delegated bhall be vested in a Con- LoRjjiativs gress of the Confederate States, which shall consist of a Senate and powar. House of Representatives SECTION II. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States ; and House, or Rep the electors in each State shall be citizens of tho Confederate States, ""osentatiyeB. and have the qualifications requisite for electors of the most numer- ous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall bo allowed to vote fo; any officer, civil or political, State or Federal. 2. No person shall bea Representative, who shall nothavcattainedQuaimca the age of twenty-five years, and be a citizen of the Confederate tionBofmeai- States, and who shall not, when elected, he an inhabitant of that berB State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among Apportion- the several States which maybe included within this Confederacy, mentor rep- according to their respective numbers, which shall be determined by ^'"dtr'T' adding to the whole number of free persons, including those bound t aX es. '" to service for a term of years, and excluding Indians not taxed, threc- fifthB of all slaves. The actual enumeration shall be made within three _ years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not ex- Number of ceed one for every fifty thousand, but each State shall have, at least, repreeenta one Representative ; and until such enumeration shall be made, the ,,ve8 State of South Carolina shall be entitled to choose six— the State of Temporary Georgia ten— the State of Alabama nine— the State of Florida two— apportion the State of Mississippi seven — the State of Louisiana six, and the ment. State of Texas six. 4. When vacancies happen in the representation from any State, vacane;eo. * This Constitution (18 now prlntod has been carefully compared with the copy printed at Richmond In 1861, with which it conforms literally, and ia punctuation 54 Vacancies, the Executive authority thereof shall issue writs of election to fill Buch vacancies. Officers. 5. The House of Representatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment ; ex- impeach- cept that any judicial or other federal officer resident and acting mcnts. solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof. SECTION III. 1. The Senate of the Confederate States shall be composed of two Senate. Senators from each State, chosen for six years, by the Legislature thereof, at the regular session next immediately preceding the com- mencement of the terra of service ; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class shall be va- cated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expira- tion of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Le- gislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. 4. The Vice-President of the Confederate States shall be President of the Senate, but shall have no vote, unloss they be equally divided. 5. The Senate shall choose their officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall ex- ercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Jus- tice shall preside 5 and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment, in cases ot impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Confederate States ; but the party eonvicted. shall nevertheless be liable and subject to in dictment, trial, judgment and punishment, according to law. SECTION IV. Election or 1- The times, place and manner of holding elections for Senators members of and Representatives shall be prescribed in each State by the Legis- congress. lature thereof, subject to the provisions of this Constitution ; but the Congress may, at any time, by law, make or alter such regula- tions, except as to the times and places of choosing Senators, ro meet an 2. The Congress shall assemble at least once in every year, and nuaily. such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. SECTION V. Powers of 1. Each House shall be the judge of the elections, returns and each House, qualifications of its own members, and a majority of each shall con stitute a quorum to do business ; but a smaller number may adjourn Classifica- tion. Vacancies. Qualifica- tions. President ol Senate. *»* -SB- Officers and president pro tern. Trial of im- peach ments. Judgment. 55 from day to day, aad may be authorized to comp^i the attendance of Powers of absent members, in such "manner and under such penalties as each eac 0lise- House may provide. 2. Each House may determine the rules of it* proceedings, punish Power to its members for disorderly behavior, and, with the concurrence ofP un ^ h aaJ two-thirds of the whole number, expel a member expe 3. Each House shall keep a journal of its proceedings, and, from journals. time to time, publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of Teas and either House on any question shall, at the desire of one-fifth of na . vs those present, be entered on the journal. ■4. Neither House, during the session of Congress, shall, without the Adjourn consent of the other, adjourn for more than three days, nor to any mt>nts other place than that in which the two Houses shall be sitting. SECTION VI. 1. The Senators and Representatives shail receive a o 'inpensatiou ^ !>cnsa for their services, to be ascertained by law. and paid out of the Trea- sury of the Confederate Slates. They shall in all cases, except trea- privileges. son, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which £o^ffice he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any office tinder the Confederate States shall be a member of either House during his continuance in office ; but Ifl^gf'ta Congress may-by law grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his depart- ment. SECTION VII. 1. All bills for raising revenue shall originate in the Hou»e of jk*f nue Representatives : but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed both Houses, shall, before it M *° Qe £ ° r becomes a law, be presented to the President of the Confederate p 1D ° States ; if he approve, he shall sign it : but if not. he shall return it. veto power with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, aad proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- sidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be deter- mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respect- ively. If any bill shall not be returned by the President within ten Bills must be days (Sundays excepted) after it shall have been presented to him, the returned «n same shall be a law, in like manner as if he had signed it, unless ^^ the Congress, by their adjournment, prevent its return, in which case it shall not be a law. The President may approve any a PP r o* j^rtrtaoajf priation and disapprove any other appropriation, in the same bill, propriaiioo. In such case he shall, in signing the bill, designate the appropria- and veto tions disapproved ; and shall return a copy of such appropriations, others. 56 fcc with bia objections, to the House in which the bill shall have origin- ated ; and the same proceedings shall then be had as in oase of other bills disapproved by the President, joint orders, 3. Every order, resolution or vote, to which the concurrence ot resolutions, both Houses may be necessary, (except on a question of adjourn- ment.) shall be presented to the President of the Confederate States; and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in the oase of a bill SECTION VIII. The Congress shall have power — 1. To lay and collect taxes, duties, imposts and excises, for rev- enue necessary to pay the debts, provide for the common defence, and carry on the Government of the Confederate States; but no bounties shall be granted from the Treasury, nor Bhall any duties or taxes on importations from foreign nations be laid to promote or loater ary b.anch of industry ; and all duties, imposts and excuses shall be uniform throughout the Confederate States. 2. T.jbonow money on the credit of the Confederate States : 3. To regulate commerce with foreign nations, and among the sev- eral States, and with the Indian tribes ; but neither this nor any other clause contained in the Constitution shall ever bo construed to delegate the power to Congress to appropriate money for any inter- nal improvcm* nt, intended to facilitate commerce, except for the purpose of furnishing lights, beacons and buoys, and other aids to navigation upoii the coasts, and the improvement of harbors and the removing of obstructions in river navigation ; in all which cases such duties shall be laid on the navigation facilitated thereby, as may be necwary to pay the costs and expenses thereof: 4. To establish uniform laws of naturalisation, and uniform laws on the subject of bankruptcies throughout the Confederate States ; but no law of Congress shall discharge any debt contracted before the passage of the same : 6. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate Statc3 : 7. To establish post offices and post routes ; but the expenses of the Post-ofSco Department, alter the first day of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues : 8. To promote the progress of Bcience and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals interior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and on water : 12. To raise and support armies ; but no appropriation of money to that us8 shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make ruleB for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the laws ol the Confederate States, suppress insurrections, and repel invasions : General pow 9TB. Ifeutta Loans. Commerce May im prove riv- ers. &c Naturallaa tlon— tank ruptcy. Weights, Cola, fee. Counter foiling. Post offices. patents and copyrights. Courts. Piracies, &c. War. Army. Navy. - Militia. 57 16. To provide for organizing, arming, and disciplining the militia, Militia. and for governing euch part of tbem as may be employed in the ser- vice of the Confederate States, reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all coses whatsoever, over Exclusive snoh district (not exceeding ten miles square) as may, by cession of le € i8l » ti00 one or more States and the acceptance of Congress, become the seat of the Government of the Confederate StateB ; and to exercise like authority over places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, maga- zines, arsenals, dockyards, and other needful buildings : and 18. To make all laws which shall be necessary and proper for car- Lawsforcar rying into execution the foregoing powers and all other powers £^f d ^ vested by this Constitution in the Government of the Confederate „,.,, States, or in any department or officer thereof. SECTION IX. 1. The importation of negroes of the African race, from any for- slave trade oign country other than the slave-holding States or Territories of the United States of America, is hereby forbidden ; and Congress is required to pass such laws as shall effectually prevent the same. 2. Congress shall also have power to prohibit the introduction of Wilh stft Af* slaves from any State not a member of, or Territory not belonging £°^ ™, y " to, this Confederacy. 3. The privilege of the writ of Habeas Corpus shall not be sus- Habeas pended, unless when in cases of rebellion or invasion, the public Cor P ue safety may require it. 4. No Bill of Attainder, ex post facto law, or law denying or Ex post impairing the right of property in negro slaves, shall be passed. facto laws. 6. No capitation or other direct tax shall be laid, unless in propor- Direct taxes tion to the census or enumeration herein before directed to be taken. 6. No tax or duty shall bo laid on articles exported from any state ex State, except by a vote of two-third6 of both Houses. pons. 7. No preference shall be given, by any regulation of commerce or Port dvtiee. revenne, to the ports of one State over those of another. 8. No money shall be drawn from the Treasury, bvit in conse- Receipts an J quence of appropriations made by law ; and a regular statement «"-*pe"* 1, w wc " and account of the receipts and expenditures of all public money shall be published from time to time. 9. Congress shall appropriate no money from the Treasury, except % vote hc- by a vote of two-thirds of* both Houses, taken by yeas and nays, C088ar ? a ^ unless it be asked and estimated for by some one of the Heads of ^ P J£ ° y. r, ex . Department, and submitted to Congress by the President ; or for the oept. purpose of paying its own expenses and contingencies ; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the in- vestigation of claims against the Government, which it is hereby made the duty of Congress to establish. 10. All bills appropriating money shall specify in federal currency ^oramuat the exact amount of each appropriation and the purposes for which be specified, it is made; and Congress shall grant no extra compensation to any No ex tra public contractor, officer, agent or servant, after such contract shall compensat'n have been made or such service rendered. ^ contrac 11. No title of nobility shall be granted by the Confederate States ; tors - and no person holding any office of profit or trust under them, shall, ™ p e ; " d J£ without the consent of the Congress, accept of any prcsent^emolu-gen^prohit ment, office or title of auy kind whatevor from any king, prince or ued foreign State. 58 Warrants. Trials for Rights o( property Freedom of 12. Congress ehall make no law respecting an establishment of s p e'c g c°h,' o°f reli 2 ion or prohibiting the free exercise thereof: or abridging the the press, freedom of speech, or of tbe press ; or the right of the people peace- and right of ably to assemble, and to petition the government tor a redress of petition. grievances. bear arms 13- A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Quartering or 14. No soldier shall, in time of peace, be quartered in any house troops. without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. Searches and 15. The right of the people to be secure in their persons, houses, seizures. papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall insue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice put ia jeopardy of life or limb ; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. Rights of de- 17: In all criminal prosecutions, the accused shall enjoy the right fendants in to a speedy and public trial, by an impartial jury of the State and criminal district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witness against him ; to have compulsory process for obtaining wit- nesses in his favor; and to have the assistance of counsel for his defense. 18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the commonlaw 19. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishment inflicted. 20. Every law. or resolution having the force of law, shall relate to but one subject, and that ehall be expressed in the title. SECTION X. Limitation of *■ ^° State shall enter into any treaty, alliance, or confederation ; tbe powers grant letters of marque and reprisal; coin money; make anything of the States, but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts ; or grant any title ot nobility. 2. No State shall, without the consent of the Congress, lay any im- posts or duties on imports or exports, except what maybe absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the Confederate States ; and all such laws shall be subject to the revision and control of Congress. 3. No State shall, without the consent of Congress, lay any duty, on tonnage, except on 6ea-going vessels for the improvement of its rivers and harbors navigated by the said vessels ; but such duties shall not conflict with any treaties of the Confederate (States with foreign nations ; and any surplus revenue, thus derived, shall, after Trials in civ ii cases Bail, tines. Bill of at tainder, fcc. Impost Tonnage du ties. 50 making such improvement, be paid into the common treasury. Nor Troops and shall any State keep troops or' ships of war in time of peace, enter sbipsofv "* r ' into any agreement or compact with another State, or with a foreign compacts. power, or engage in war. unless actually invaded, or in £uch immi- nent danger as will not admit of delay. *Bnt when any river divides War or flows through two or more States, they may e Wnpacta with each other to improve the navigation thereof ARTICLE II. SECTION I. 1. The Executive power shall be vested in a President of the Confederate State? of America. He and the Vice-President shall lYesident. hold their offices for the term of a\x years ; but the President shall not be re-eligibV. The President and Vice-President shall be elected T crm of ° r as follows : '"''' 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole numher mouv or dec of Senators and Representatives to which the State may be entitled tioo. in the Congress ; but no Senator or Representative, or person hold- ing an office of trust or profit under the Confederate States, shall be appointed an elector. 3. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall Flection or not be an inhabitant of the same State with themselves ; they shall rresident name in their ballots the person voted for as President, and in dis- ?, nd .X icc ; tinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of Government of the Confederate States, directed to the President of the Senate ; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immedi- ately, by ballot, the President. But in choosing the President, the votes shall be taken by States— the Representation from each State having one vote. A quorum for this purpose shall consist of a mem ber or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Re- presentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death, or other constitutional disability of the President. 4. The person having the greatest number of votes as Vice-Presi- dent, shall be the Vice-President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then, from the two highest numbers on the list the Senate shall choose the Vice-President ; a quorum for the purpose shall con- sist of two-thirds of the whole number of Senators, and a majority of the whole number shall bo necessary to a choice. 5. But no person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice-President of the Confederate States. 60 Time of elec tion. Quaiifloat'ns of the Preei dent. Vacarcy— how sup- plied. His compcD Bation. 6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the Confederate States. 7. No person, except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Con- stitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resi- dent within the limits ot the Confederate States, as they may exist at the time of his election. 8. In case of the removal of the President from office, or ot bis death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President ; and the Congress may, by law, provide for the case of removal, death, resignation, or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 9. The President Bball, at stated times, receive for his services a compensation, which shall neither be increased nor diminished dur- ing the period for which he shall have been elected ; and he shall not receive within that period any other emolument- from the Con- federate States, or any of them. Oath of of 10. Before he enters on the execution of his office, he shall take fice. the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of America, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof." SECTION 11. Powers and 1. The President shall be Commander-in-Chief of the Army and duties. Navy of the Confederate States, and of the Militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the du- ties of their respective offices ; and he shall have power to grant re- prieves and pardons for offences against the Confederate States. except in cases of impeachment. Treaties 2. He Bhall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur : and he shall nominate, and by and with the advice and consent of the Senate, ghall appoint ambassadors, other public min- Appoint.iv inters ar >d consuls, Judges of the Supreme Court, and all other offi- power. ' cers of the Confederate States, whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may, by 1 iw, vent the appointment of such inferior offi- cer- 'ink proper, in the President alone, in the courts of law or in the Heads of Departments. Removing 3. The principal officer in each of the Executive Departments, and power. all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Department may be removed at any time by the President, or other appointing power, when their services are unne- cessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of du'y ; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor 61 Tha President shall have the power to fill all vacancies that may Tower to fill happen during tho recess of the Senate, by graatiog commissions vaCADCies - which shall exp'iro at the end of their next session ; but no person rejected by the Senate shall be re -appoiuterl to the n\mc office during their f rwuing recess. SECTION III. I. Tho President t-hxll, from time to time, give to the. Congress ln- Sba >, H^ta- formation of the state of the Confederacy, and recommend to their formation to consideration such measures as be shtll jadge necessary and expo- Congress, dient; he may, on extraordinary occasious, convene both Houses, or either of them, . is of disagreement betweou them, w ' ta ^rther respect to the time of adjournment, he may adjonrn thorn to such powers. time as ho sh;ill think proper ; be shall receive ambassadors and other public ministers ; he shall take care that the laws be f uthfully executed, and shall comrnirsion all the officers of the Confedei States. SECTION IV. 1. Tho President, Vice-President, and all civil officers of the Cou- j raiWilc jj. federate State**, shall bo removed from office on impeachment for, mentg. and conviction of, treason, bribery, or other high crimes and mis- demeanors ARTICLE III SECTION I. I. The judicial pewer of the Confederate States shall bo vested in judiciary- one Supremo Court, and in such Inferior Conrts as the Congress Teuuro and may from time ordain and establish. The judges, both of the Su- oompensa- preme and Inferior Courts, shall hold their offices during good be- tl0a ' navior, and Bhall, at stated times, receive for their services a com- pensation, which shall not be diminished during their continuance in offioe. SECTION II. 1. The Judicial power sha'l extend to all cases arising under this Judicial Constitution, the laws of the Confederate Slates, and treaties made, i ,oworB - or which shall be made, under tho'.r authority ; to all cases affecting ambassadors, other public ministers and consuls; to all cases of ad- miralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizen of another State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens, or subjects; but no State shall bo sued by a citizen or subject of any foreign State. 2. In all cases affecting amba?sadors, other public ministers and Jurisdiction consuls, and those in which a State shall be a party, the Supieme pr C I£o court Court shall have original jurisdiction. In all tlie other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as (o law and fact, wilh such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall Trial lor be by jury, and such trial shall be held in the State wheie tb i said crimcs - crimes shall have been committed; but when not committed 'thin any State, the trial shall be at such place or places as the Co ress may, by law, have directed- 62 SECTION III. Treason. j. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving Witnesses them aid and comfort. No person shall be con', icted of treason un- less on the testimony of two witnesses to the t-arne overt act, or on confession in open court. PunialimcDt 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life ot the person attainted. State rec- ords, &c. Privileges o! citizens. Fugit.-. from justice Fugitive e laves New States. Co Duress to control pub- lic property. Territories. Congress shall bavo exclusive control over. ARTICLE IV. SECTION I. 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceeding* of every other State. And the Congress may, by general laws, presenile the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. SECTION II. 1 Ttii- eitiaens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property: and the light of property in said shall not be thereby impaired. 2. A person charged in any State with fumon, felony, or other crime against the laws of Ruch State, who shall fleo from justice, and be found in another State, shall, on demand of the Executive au- thority of the State from which he fled, be delivered up, to be re- moved to the State having jurisdiction of the crime. 3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escap- ing or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such slave be- longs, or to whom such service or labor may be due. SECTION III. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of tho Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of fwo or more States, or parts of States, without the consent of the Legislature of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of, and make all needful rules and regulations concerning the property of the Con- federate States, including the lands thereof. 3. The Confederate States may acquire new territory; and Con- gress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States, and may permit them at such times, and in such manner as it may, by law, provide, to form States to be admitted into the Confederacy. In all such territory, the institu- tion of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the Territorial Government: and the inhabitants of the several Confederate States 63 and Territories shall have the right to take to such Territory any slave's, lawfully held by them, in any of the States or Territories of the Confederate States. -J. The Confederate States shall guarantee t? every State that now Republican is, or hereafter may become, a member of this Confederacy, a repub- lormof gov Hcai form of government; aDd shall protect each of them against "omeiJt.ftc, invasion; and on application of the Legislature, (cr of the Executive. s uariLnteed - when : ature is not io session,) ngainst domestic violence. ARTICLE V SECTION 1. 1. Upon the demand of any three States, legaiiy assembled in their several Conventions, the Congress shall summon a Convention monts'! of all the States, to take into consideration such amendments to the Constitution us the said States shall concur in suggesting at the time when the siid demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said Convention — voting by States -and the same be ratified by the Legislatures of two-third- 1 of the several S by Conventions in two-thirds thereof as the one or the other mode of ratification may be pro- prosed by the General Convention— they shall thenceforward form a part of this Constitution. But :io State shall, without its consent, be deprived of its equal representation in (h ■ s ARTICLE VI. SECTION I. e Govern: lished by this Cons titntionie the sucoeoaorThiB Consti of f-he Provisional Government of the Confederate States of America, tution to eu- and tUl the laws passed by the latter shall continue in force until the P? rs ede Pro- same shall be repealed or moili5ed; and all the officers appointed suTu^on 00 " by the same shall remain in office until thuir successors are appointed and qualified, or (abolished. SECTION II. 1. All debts contracted and engagements entered iuto before the l)«bts adoption ot this Constitution, shall be as valid against the Con- federate Slates, under this Constitution, as under the Provisional Government. SECTION III. 1. This Constitution, and tho laws of the Confederate States made in Supremo pursuance thereof, and all treaties made, or which shall be made, law ° r tbt! under the authority of the Confederate States, shall be the supreme ,and law of the land; and the Judges in every Stats shall be bound thereby, anything in the Constitution or lawn of any State to the contrary notwithstanding. SECTION IV. 1. The Senators and Representatives before mentioned, and the Oaths or mombcia of the several State Legislatures, and all executive and ju- office, dicial officers, both of the Confederate States and of the several Statos, shall be bound by oath or affirmation to support this Consti- tution; but no religious test shall ever be required as a qualification to auy office or public trust under the Confederate States. SECTION V. Enumerate 1. The enumeration, iu the Constitution, of certain rights, scall not °f 5? rtain t bo construed to deny or disparage others retained by the people of ioliisparaee the several States. others. 64 Reservod right* SECTION VI. 1 . The powers not dale gated to tbe Confederate States by the Con- stitution, nor prohibited by it. to the States, ar> reserved to the States, respectively, ec to tbe people thereof ARTICLE VII Ratification i. The ratit^ation of the Conventions of five States shall bo auf- fioient for th<* otiblishtnent of this Constitution between the States po ratifying tLe game. 2. When five Statei !-hall have ratified this Constitution, in tho manner before specifiol, tin* Cou^res.-i Qnder t'ao Provisional Consti- tution shall prescribe tho time for holding the election of Prcsidont and Vice- President, and for the meeting of the electoral college, and for counting the vot-s, and inaugurating the President. They shall also presoribe tho time for holding the first election of members of Congress under whig Constitution, and the time for assembling the same. Until the nascmblinj: of such Congress, the Congress under the Provisional Constitution shall continue te exercise t!\<* legislative powers grauted them, not. extending beyond tho time limited by the constitution of the Provisional Governme the oonatltn tion FXTRACT FROM TTIF. JOURNAL OF CONGRESS. -. March 11, 1861. the On tbe question ol tl lion of the Constitution of tho Coa- ;JjJ°P ll0 ° °[ federate State* of Amirioa, the vote was taken by yeas and nays; and the Constitution was unanimously adopted, as follows : Those who voted in tbe affl rs. Walker, Smith, Curry, Hale, hotter, and Fern, of Alabama, (Messrs. Chil- ton and Lou-is being absent); 'orton, Andiron, and Owens, of Florida; Messrs. Toomb-, Howell Cobb, Bartow, Kisbet, Hill, Wright, Thomas R. It. Cobb, and Stephens, of Georgia, (Messrs. Crawford and iVkins, DuUlouet, Con- nner, Spa-row, and Marshall, of Louisiana; Messrs. Harris, Wilson, ChyU son, of Mississippi, (Mr. Campbi.l b , Barnwell, Keitt, Chesnut, Memminger, Miles, Withe b, and Boyce, of South Carolina; Messrs. Reagan, Hemphill, Waul, Greg?;, Oldham, and Ochiltree, of Texas, (Mr. Wigfall beiDg absent ) A true copy J. J. HOOPER, F+crdary of the Congress. Certificate Cokor*S3, March 11, 1861. I do hereby certify that tbe foregoing are, respectively, tme and correct copies of " Tho Constitution of the Confederate States ef America." unanimously adopted this day, and of the yoas and nays on tho question of the adoption thereof. HOWKLL COBB, President of IK$ Congress. ERRATUM On page 18, in General Joint Resolution, Chapter VHI, second paragraph, ninth line, the word " improvements " should be "impressments." <+?