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The Committee recommend, that a board of three commissioners be appointed to examine and audit all the alleged debts and claims against the Republic of Texas; that the United States be invited to purchase the public domain, and the proceeds of the purchase be inviolably pledged for the payment of the amount which may be found due to the public creditors; and, if this purchase be not made, that the creditors receive land scrip for their claims, to be located and surveyed at the expense of the holder.
Aesteact Of The Constitution,
Adopted in Concention at Austin, Auynst 27th, 1845, and ratified by the people October 13th, 1845.
Every free white male, 21 years old, a citizen of the United States, or of Texas when this constitution was adopted, who has resided in the State one year, and six months in the district, county, city, or town where he offers to vote, shall have the right of suffrage. Electors absent from home, but within their own district, may vote for district officers; and anywhere in the State, they may vote for State officers. The sessions of the legislature shall be biennial; representatives shall be chosen for two years, and they must be qualified voters, who have lived two years in the State, and one year in the place where they are chosen. Senators are chosen for four years, one half of them leaving office biennally; they must be qualified voters, 30 years old, who have lived in Texas three years, and the last year thereof in their district. Persons holding lucrative office under the United States, or this State, those with public money in their hands, and clergymen, are not eligible to the legislature. The number of representatives shall not be less than 45, nor more than 90; a census shall be ordered at the first meeting of the legislature, and the representatives shall be apportioned according to the number of voters ascertained by it. The senators, not less than 19, nor more than 33, in number, shall be apportioned in like manner. The city of Austin shall be the seat of government till 1850, when a place shall be selected by vote of the people. Members of the legislature shall receive $3 a day, and $3 for every 25 miles of travel.
The Supreme Court shall consist of a Chief Justice and two associates, each receiving annually not less than $2,000, holding office for six years, and shall hold sessions once a year, between June and October, in not more than three places in the State. This Court shall have appellate jurisdiction coextensive with the limits of the State; but in criminal cases and appeals from interlocutory judgments, it shall be under legislative regulations. There shall be convenient judicial districts, one district judge in each, holding office for six years, receiving annually not less than $1,750, who shall eit twice a year in each county. Judges shall be nominated by the governor, and confirmed by two thirds of the senate; they may be removed by address of two thirds of both bouses. The District Courts shall have original jurisdiction in all criminal cases, and in all suits in which more than S100 arc at stake. In criminal cases, if the punishment be not specifically determined by law, the jury shall determine it. An Attorney General, holding office for two years, shall be nominated by the governor, and confirmed by two thirds of the senate; a district attorney for each district shall be chosen by joint ballot of both houses, also for two years. In equity causes, either party may demand a jury.
The governor and lieutenant governor shall be chosen by a plurality vote of the people for two years, and shall not be eligible for more than four out of any six years. They must have the same qualifications as a senator, and the governor at first shall receive $2,000 a year. The lieutenant governor shall preside in the senate, and be paid the same sum as the speaker of the House. A secretary of state shall be nominated by the governor and confirmed by the senate for two years; a state treasurer and a comptroller of accounts shall be biennially chosen by joint vote of both houses. The governor may veto a bill, but two thirds of both houses may pass it in spite of his veto.
Any person concerned in a duel, sending or accepting a challenge, shall be ineligible to any public office. Grants of money for private purposes, or for internal improvement, must be made by two thirds of both houses. Within five years, the laws, civil and criminal, shall be revised, digested, arranged, and published; and a like revision shall be made every ten years thereafter. A wife's property, both real and personal, acquired before or after marriage, shall be her separate property; and its registration shall be provided for by law. The legislature may protect by law some of the property of all heads of families from forced sale. A homestead of not more than 200 acres not included in a town or city, or city or town lots worth not more than $2,000, shall not be subject to forced sale for any debt hereafter contracted. No corporation shall be created, renewed, or extended with banking or discounting privileges. Private corporations can be created only by a vote of two thirds of both houses; the State shall not subscribe to then: stock, and their charters may be revoked by making compensation for the franchise. The State shall not borrow money except by a like vote, nor contract an aggregate amount of debt of more than $100,000, except in case of war, invasion, or insurrection. The salaries of the governor and judges are fixed at the minimum herein expressed, and shall not be increased for ten years.
Two thirds of both houses may propose amendments to this constitution, which shall then be published three months before the next general election; and if approved at that election by a majority of the voters, and then ratified by two thirds of both houses in the next legislature, they shall then be valid.
No law shall be passed to emancipate slaves, except by their owners' consent, and by paying a full compensation for them. Emigrants to this State shall not be prevented from bringing their slaves with them, but the bringing hither of slaves as merchandise may be forbidden. Laws may be passed obliging owners to treat their slaves with humanity, and to abstain from injuries to them affecting life or limb; in case of disobedience of these laws, the slaves may be taken away and sold for the benefit of the owners. Slaves accused of higher crimes than petit larceny shall have a fair trial by jury. Any one who maliciously dismembers, or deprives a slave of life, shall be punished as if he had committed the same crime on a white person, except in case of insurrection of such slave.
One tenth of the annual revenue of the State derived from taxation shall be set aside as a permanent fund for the support of free public schools. All public lands granted for such schools shall not be alienated in fee, nor leased for more than 20 years. The District Courts shall be open till July 1st, 1847, to establish certificates for head-right claims to land not recommended by the commission appointed to detect fraudulent land certificates; all such claims not sued before that time shall be barred.
The ordinance passed by the convention on the 4th day of July, 1845. assenting to the overtures for the annexation of Texas to the United States, shall be attached to this constitution, and form part of it.
Salary. Thomas S. Drew, of Little Rock, Gocernor,
(term of office expires Nov. 1848.) use of a house and $1,800 David B. Greer, of Little Rock, Secretary of State, Perquisites & 600 Elias N. Conway, do. Auditor of Public Accounts, Fees & 1,200
Jared C. Martin, of Pulaski Co., Treasurer, Fees & 800
The Secretary of State, Auditor, and Treasurer are elected by the General Assembly, by a joint vote of both Houses. The election of a Representative to the 30th Congress and of members of the General Assembly and county officers takes place on the first Monday of August, biennially. The Legislature meets in Little Rock on the first Monday of November, 1846, and biennially. Senators, 25; Representatives, 75. Their compensation is $3 per day during the session, and $3 for every 20 miles' travel in coming to and returning from the seat of Government .
Term ends. Salary.
Thomas Johnson, of Saline Co., Chief Justice, 1852, $1,500
Edward Cross, of Hempstead Co., Associate Justice, 1848, 1,500
Williamson S. Oldham, of Fayctteville, do. 1850, 1,500
George C. Wattins, of Little Rock, Attorney General, $600
Luke E. Barber, do. Cleric, Fees.
Elbert H. English, of Little Rock, Reporter, 200
Judges. Salary.i Prosecuting Attorneys. Salary.
1st Circuit, John T. Jones, $1.,000 N. M. Foster, Fees & $300
2d do. Wm. II. Button, 1,000 Joseph W. Bocage, 300
3d do. Wm. Comvay, 1,000 A. R. Porter, "300
4th do. Sebron G. Slwed, 1,000,A. B. Greenwood, "300
5th do. John J. Clendeuin, 1.000 George C. Watkins, 600
6th do. George Conway, lioOO!Allen W. Blevins, "300
7th do. Rich. C. S. Brown, 1,000 Jonas M. Tibbatts, "300
The Supreme Court has appellate jurisdiction onlv, except in particular oases pointed out by the constitution; it holds, annually, two terms, at Little Rock, in April and October. The judges are elected by the General Assembly, by a joint rote of both Houses, for eight years.
The Circuit Court has original jurisdiction over all criminal cases, which are not otherwise provided for by law; and exclusive original jurisdiction of all crimes amounting to felony at the common law; and original jurisdiction of all civil cases which are not cognizable before Justices of the Peace, until otherwise directed by the General Assembly; and original jurisdiction in all matters of contract, where the sum in controversy is over one hundred dollars. It holds annually two terms in each circuit. The Judges are elected by the General Assembly, for a term of 4 years.
Salary. Aaron V. Brown, of Pulaski, Gocernor, (term of office
expires Oct. 1847,) 82,000
John S. Young, of Nashville, Sec. of State $• Int. Imp. Cmrir. $SOO & f.
Robert B. Turner, do. Treasurer $• Sup't of Pub. Inst'n, 1,500
Felix K. Zollicoft'er, do. Comptroller of the Treasury, 2,000
West H. Humphreys, do. Attorney General §• Reporter, 1.000
Gerard Troost, do. State Geologist, 500
The legislature consists of a Senate of 25 members and a House of Representatices of 7 5 members; all elected for two years. The members of the present legislature were elected in August, 1845. Pay of the Senators and Representatives, $4 per day.
o Salary. William B. Turley, of Jackson, Judge, Western Division, $1,800 William B. Reese, of Knoxville, do. Eastern do. 1,800 Nathan Green, of Winchester, do. Middle do. 1,800
The Judges of the Supreme Court are elected by a joint vote of the two Houses of the General Assembly, for the term of 12 years; and those of the inferior courts, in the same manner, for the term of 8 years.
Court of Chancery.
Salary. Andrew McCampbell, of Paris, Chancellor, Western Division, $1,500 Tho's L. Williams, of Knoxville, do. Eastern do. 1,500 Terry H. Cahal, of Columbia, do. Middle do. 1,500 Bromfield L. Ridley, of McMinnville, do. Fourth do. 1,500
Circuit Courts. The State comprises 14 circuits, and the judges are elected by a joint vote of the two Houses of the General Assembly, for the term of eight years. Salary of each judge, $1,500. Each circuit or district has an attorney whose salary is $200 and fees.
Judges. Residence. .4ttorneys. Residence. 1. Seth J. W. Lucky, Jonesboro. T. A. R. Nelson, Jonesboro. 2. Eben'r Alexander, Knoxville. D. H. Cummings, Knoxville. 3. John O. Cannon, Madisonville. S. A. Smith, Cleveland. 4. Abraham Caruthers, Carthage. John H. Savage, Smithville. 5. Samuel Anderson, Murfreesboro. H. L. Davidson, Shelbyville. 6. Thomas Maney, Nashville. G. W. Allen, Gallatin. 7. Mortimer A. Martin, Clarksville. W. B. Johnson, Clarksville. 8. Edm. Dillahunty, Columbia. N. Baxter, Columbia. 9. William Fitzgerald, Paris. J. B. Williams, Paris. 10. John Read, Jackson. D. P. Skurlock, Jackson. 11. Wm. C. Dunlap, Bolivar. John P. Caruthers, Memphis. 12. R. M. Anderson, New Market. W. R. Caswell, Dandridge. 13. A. J. Marchbanks, McMinnville. J. W. Carter, McMinnville. 14. James Scott, Savannah. Solon E. Rose, Lawrenceburg. Criminal Court of Davidson County. Salary. William K. Turner, of Nashville, Judge, $1,000 Commercial and Criminal Courts of Shelby County. Ephraim W. King, of Memphis, Judge, $1,500 FINANCEs. Total amount received in 1845, - $305,119 63 Total amount expended in 1845, . - 245,074 14