We, the people of Texas, in order to form a government, establish justice, ensure domestic tranquility, provide for the common defence and general welfare; and to secure the blessings of liberty to ourselves, and our posterity, do ordain and establish this constitution.

ARTICLE I.
                                     
   Section 1. The powers of this government shall be divided into  three
   departments, viz: legislative, executive and judicial, which shall
   remain forever separate and distinct.
  
   Sec. 2. The legislative power shall be vested in a senate and house of
   representatives, to be styled the congress of the republic of Texas.
  
   Sec. 3. The members of the house of representatives shall be chosen
   annually, on the first Monday of September each year, until congress
   shall otherwise provide by law, and shall hold their offices one year
   from the date of their election.
  
   Sec. 4. No person shall be eligible to a seat in the house of
   representatives until he shall have attained the age of twenty-five
   years, shall be a citizen of the republic, and shall have resided in
   the county or district six months next preceding his election.
  
   Sec. 5. The house of representatives shall not consist of less than
   twenty-four, nor more than forty members, until the population shall
   amount to one hundred thousand souls, after which the whole number of
   representatives shall not be less than forty, nor more than one
   hundred: Provided, however, that each county shall be entitled to at
   least one representative.
  
   Sec. 6. The house of representatives shall choose their speaker and
   other officers, and shall have the sole power of impeachment.
  
   Sec. 7. The senators shall be chosen by districts, as nearly equal in
   free population (free negroes and Indians excepted,) as practicable;
   and the number of senators shall never be less than one third nor more
   than one half the number of representatives, and each district shall
   be entitled to one member and no more.
  
   Sec. 8. The senators shall be chosen for the term of three years, on
   the first Monday in September; shall be citizens of the republic,
   reside in the district for which they are respectively chosen at least
   one year before the election; and shall have attained the age of
   thirty years.
  
  Sec. 9. At the first session of congress after the adoption of this
   constitution, the senators shall be divided by lot into three classes,
   as nearly equal as practicable; the seats of the senators of the first
   class shall be vacated at the end of the first year; of the second
   class, at the end of the second year; the third class, at the end of
   the third year, in such a manner that one third shall be chosen each
   year thereafter.
  
   Sec. 10. The vise president of the republic shall be president of the
   senate, but shall not vote on any question, unless the senate be
   equally divided.
  
   Sec. 11. The senate shall choose all other officers of their body, and
   a president pro tempore, in the absence of the vice president, or
   whenever he shall exercise the office of president; shall have the
   sole power to try impeachments, and when sitting as a court of
   impeachment, shall be under oath; but no conviction shall take place
   without the concurrence of two thirds of all the members present.
  
   Sec. 12. Judgment in cases of impeachment shall only extend to removal
   from office, and disqualification to hold any office of honor, trust
   or profit under this government; but the party shall nevertheless be
   liable to indictment, trial, judgment, and punishment according to
   law.
  
   Sec. 13. Each house shall be the judge of the elections,
   qualifications and returns of its own members. Two thirds of each
   house shall constitute a quorum to do business, but a smaller number
   may adjourn from day to day, and may compel the attendance of absent
   members.
  
   Sec. 14. Each house may determine the rules of its own proceedings,
   punish its members for disorderly behavior, and with the concurrence
   of two thirds, may expel a member, but not a second time for the same
   offence.
  
   Sec. 15. Senators and representatives shall receive a compensation for
   their services, to be fixed by law, but no increase of compensation,
   or diminution, shall take effect during the session at which such
   increase or diminution shall have been made. They shall, except in
   case of treason, felony, or breach of the peace, be privileged from
   arrest during the session of congress, 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.
  
   Sec. 16. Each house may punish, by imprisonment, during the session,
   any person not a member, who shall be guilty of any disrespect to the
   house, by any disorderly conduct in their presence.
  
   Sec. 17. Each house shall keep a journal of its proceedings, and
   publish the same, except such parts as in its judgment require
   secrecy. When any three members shall desire the yeas and nays on any
   question, they shall be entered on the journals.
  
   Sec. 18. Neither house, without the consent of the other, shall
   adjourn for more than three days, nor to any other place than that in
   which the two houses may be sitting.
  
   Sec. 19. When vacancies happen in either house, the executive shall
   issue writs of election to fill such vacancies.
  
   Sec. 20. No bill shall become law until it shall have been read on
   three several days in each house, and passed by the same, unless, in
   cases of emergency, two thirds of the members of the house where the
   bill originated shall deem it expedient to dispense with the rule.
  
   Sec. 21. After a bill shall have been rejected, no bill containing the
   same substance shall be passed into a law during the same session.
  
   Sec. 22. The style of the laws of the republic shall be, "Be it
   enacted by the senate and house of representatives of the republic of
   Texas, in congress assembled."
  
   Sec. 23. No person holding an office of profit under the government
   shall be eligible to a seat in either house of congress, nor shall any
   member of either house be eligible to any office which may [be]
   created, or the profits of which shall be increased during his term of
   service.
  
   Sec. 24. No holder of public monies or collector thereof, shall be
   eligible to a seat in either house of congress, until he shall have
   fully acquitted himself of all responsibility, and shall produce the
   proper officer's receipt thereof. Members of either house may protest
   against any act or resolution, and may have such protest entered on
   the journals of their respective houses.
  
   Sec. 25. No money shall be drawn from the public treasury but in
   strict accordance with appropriations made by law; and no
   appropriations shall be made for private or local purposes, unless two
   thirds of each house concur in such appropriations.
  
   Sec. 26. Every act of congress shall be approved and signed by the
   president before it becomes a law; but if the president will not
   approve and sign such act, he shall return it to the house in which it
   shall have originated, with his reasons for not approving the same,
   which shall be spread upon the journals of such house, and the bill
   shall then be reconsidered, and shall not become a law unless it shall
   then pass by a vote of two thirds of both houses. If any act shall be
   disapproved by the president, the vote on the reconsideration shall be
   recorded by ayes and nayes. If the president shall fail to return a
   bill within five days (Sundays excepted) after it shall have been
   presented for his approval and signature, the same shall become a law,
   unless the congress prevent its return within the time above specified
   by adjournment.
  
   Sec. 27. All bills, acts, orders, or resolutions, to which the
   concurrence of both houses may be necessary, (motions or resolutions
   for adjournment excepted,) shall be approved and signed by the
   president, or being disapproved, shall be passed by two thirds of both
   houses, in manner and form as specified in section twenty.
  
 ARTICLE II.
                                     
   Sec. 1. Congress shall have power to levy and collect taxes and
   imposts, excise and tonnage duties; to borrow money on the faith,
   credit, and property of the government, to pay the debts and to
   provide for the common defence and general welfare of the republic.
  
   Sec. 2. To regulate commerce, to coin money, to regulate the value
   thereof and of foreign coin, to fix the standard of weights and
   measures, but nothing but gold and silver shall be made a lawful
   tender.
  
   Sec. 3. To establish post offices and post roads, to grant charters of
   incorporation, patents and copy rights, and secure to the authors and
   inventors the exclusive use thereof for a limited time.
  
   Sec. 4. To declare war, grant letters of marque and reprisal, and to
   regulate captures.
  
   Sec. 5. To provide and maintain an army and navy, and to make all laws
   and regulations necessary for their government.
  
   Sec. 6. To call out the militia to execute the law, to suppress
   insurrections, and repel invasion.
  
   Sec. 7. To make all laws which shall be deemed necessary and proper to
   carry into effect the foregoing express grants of power, and all other
   powers vested in the government of the republic, or in any officer or
   department thereof.
  
  ARTICLE III.
                                     
   Sec. 1. The executive authority of this government shall be vested in
   a chief magistrate, who shall be styled the president of the republic
   of Texas.
  
   Sec. 2. The first president elected by the people shall hold his
   office for the term of two years, and shall be ineligible during the
   next succeeding term; and all subsequent presidents shall be elected
   for three years, and be alike ineligible; and in the event of a tie,
   the house of representatives shall determine between the two highest
   candidates by a vive voce vote.
  
   Sec. 3. The returns of the elections for president and vice president
   shall be sealed up and transmitted to the speaker of the house of
   representatives, by the holders of elections of each county; and the
   speaker of the house of representatives shall open and publish the
   returns in presence of a majority of each house of congress.
  
  ARTICLE IV.
                                     
   Sec. 1. The judicial powers of the government shall be vested in one
   supreme court, and such inferior courts as the congress may, from time
   to time, ordain and establish. The judges of the supreme and inferior
   courts shall hold their offices for four years, be eligible to
   re-election, and shall, at stated periods, receive for their services
   a compensation, not to be increased or diminished during the period
   for which they were elected.
  
   Sec. 2. The republic of Texas shall be divided into convenient
   judicial districts, not less than three, nor more than eight. There
   shall be appointed for each district a judge, who shall reside in the
   same, and hold the courts at such times and places as congress may by
   law direct.
  
  Sec. 3. In all admiralty and maritime cases, in all cases affecting
   ambassadors, public ministers or consuls, and in all capital cases,
   the district courts shall have exclusive original jurisdiction, and
   original jurisdiction in all civil cases when the amount in
   controversy amounts to one hundred dollars.
  
  Sec. 4. The judges, by virtue of their offices, shall be conservators
   of the peace, throughout the republic. The style of all process shall
   be, "the republic of Texas;" and all prosecutions shall be carried on
   in the name and by the authority of the same, and conclude, "against
   the peace and dignity of the republic."
  
   Sec. 5. There shall be a district attorney appointed for each
   district, whose duties, salaries, perquisites, and term of service
   shall be fixed by law.
  
   Sec. 6. The clerks of the district courts shall be elected by the
   qualified voters for members of congress, in the counties where the
   courts are established, and shall hold their offices for, four years,
   subject to removal by presentment of a grand jury, and conviction of a
   petit jury.
  
   Sec. 7. The supreme court shall consist of a chief justice and
   associate judges; the district judges shall compose the associate
   judges, a majority of whom, with the chief justice, shall constitute a
   quorum.
  
   Sec. 8. The supreme court shall have appellate jurisdiction only,
   which shall be conclusive, within the limits of the republic; and
   shall hold its sessions annually, at such times and places as may be
   fixed by law; Provided, that no judge shall sit in a case in the
   supreme court tried by him in the court below.
  
   Sec. 9. The judges of the supreme and district courts shall be elected
   by joint ballot of both houses of congress.
  
   Sec. 10. There shall be in each county a county court, and such
   justices' courts as the congress may, from time to time, establish.
  
   Sec. 11. The republic shall be divided into convenient counties, but
   no new county shall be established, unless it be done on the petition
   of one hundred free male inhabitants of the territory sought to be
   laid off and established; and unless the said territory shall contain
   nine hundred square miles.
  
   Sec. 12. There shall be appointed for each county, a convenient number
   of justices of the peace, one sheriff, one coroner, and a sufficient
   number of constables, who shall hold their offices for two years, to
   be elected by the qualified voters of the district or county, as
   congress may direct. Justices of the peace and sheriffs shall be
   commissioned by the president.
  
  Sec. 13. The congress shall, as early as practicable, introduce, by
   statute, the common law of England, with such modifications as our
   circumstances, in their judgment, may require; and in all criminal
   cases, the common law shall be the rule of decision.
  
 ARTICLE V.
                                     
   Sec. 1. Ministers of the gospel being, by their profession, dedicated
   to God and the care of souls, ought not to be diverted from the great
   duties of their functions; therefore, no minister of the gospel, or
   any priest of any denomination whatever, shall be eligible to the
   office of the executive of the republic, nor to a seat in either
   branch of the congress of the same.
  
   Sec. 2. Each member of the senate and house of representatives shall,
   before they proceed to business, take an oath to support the
   constitution, as follows;
  
   "I, A. B., do solemnly swear [or affirm, as the case may be] that, as
   a member of this general congress, I will support the constitution of
   the republic, and that I will not propose or assent to any bill, vote,
   or resolution which shall appear to me injurious to the people."
  
   Sec. 3. Every person who shall be chosen or appointed to any office of
   trust or profit shall, before entering on the duties thereof, take an
   oath to support the constitution of the republic, and also an oath of
   office.
  
  ARTICLE VI.
                                     
   Sec. 1. No person shall be eligible to the office of president who
   shall not have attained the age of thirty-five years, shall be a
   citizen of the republic at the time of the adoption of this
   constitution, or an inhabitant of this republic at least three years
   immediately preceding his election.
  
   Sec. 2. The president shall enter on the duties of his office on the
   second Monday in December next succeeding his election, and shall
   remain in office until his successor shall be duly qualified.
  
   Sec. 3. The president shall, at stated times, receive a compensation
   for his services, which shall not be increased or diminished during
   his continuance in office; and before entering upon the duties of his
   office, he shall take and subscribe the following oath or affirmation:
  
   "I, A. B., president of the republic of Texas, do solemnly and
   sincerely swear (or affirm, as the case may be) that I will faithfully
   execute the duties of my office, and to the best of my abilities
   preserve, protect, and defend the constitution of the Republic."
  
   Sec. 4. He shall be commander-in-chief of the army and navy of the
   republic, and militia thereof, but he shall not command in person
   without the authority of a resolution of congress. He shall have power
   to remit fines and forfeitures, and to grant reprieves and pardons,
   except in cases of impeachment.
  
   Sec. 5. He shall, with the advice and consent of two-thirds of the
   senate, make treaties; and, with he consent of the senate, appoint
   ministers and consuls, and all officers whose offices are established
   by this constitution, not herein otherwise provided for.
  
   Sec. 6. The president shall have power to fill all vacancies that may
   happen during the recess of the senate; but he shall report the same
   to the senate within ten days after the next congress shall convene;
   and should the senate reject the same, the president shall not
   re-nominate the same individual to the same office.
  
   Sec. 7. He shall, from time to time, give congress information of the
   state of the republic, and recommend for their consideration such
   measures as he may deem necessary. He may, upon extraordinary
   occasions, convene both houses, or either of them. In the event of a
   disagreement as to the time of adjournment, he may adjourn them to
   such time as he may think proper. He shall receive all foreign
   ministers. He shall see that the laws be faithfully executed, and
   shall commission all the officers of the republic.
  
   Sec. 8. There shall be a seal of the republic, which shall be kept by
   the president, and used by him officially; it shall be called the
   great seal of the republic of Texas.
  
   Sec. 9. All grants and commissions shall be in the name, and by the
   authority of the republic of Texas, shall be sealed with the great
   seal, and signed by the president.
  
   Sec. 10. The president shall have power, by and with the advice and
   consent of the senate, to appoint a secretary of state and such other
   heads of executive departments as may be established by law, who shall
   remain in office during the term of service of the president, unless
   sooner removed by the president, with the advice and consent of the
   senate.
  
   Sec. 11. Every citizen of the republic who has attained the age of
   twenty-one years, and shall have resided six months within the
   district or county where the election is held, shall be entitled to
   vote for members of the general congress.
  
   Sec. 12. All elections shall be by ballot, unless congress shall
   otherwise direct.
  
   Sec. 13. All elections by joint vote of both houses of congress shall
   be viva voce, shall be entered on the journals, and a majority of the
   votes shall be necessary to a choice.
  
   Sec. 14. A vice president shall be chosen at every election for
   president, in the same manner, continue in office for the same time,
   and shall possess the same qualifications of the president. In voting
   for president and vice president, the electors shall distinguish for
   whom they vote as president, and for whom as vice president.
  
  Sec. 15. In cases of impeachment, removal from office, death,
   resignation, or absence of the president from the republic, the vice
   president shall exercise the powers and discharge the duties of the
   president until a successor be duly qualified, or until the president,
   who may be absent or impeached, shall return or be acquitted.
  
   Sec. 16. The president, vice president, and all civil officers of the
   republic, shall be removable from office by impeachment for, and on
   conviction of, treason, bribery, and other high crimes and
   misdemeanors.
  
SCHEDULE.
                                     
   Sec. 1. That no inconvenience may arise from the adoption of this
   constitution, it is declared by the convention that all laws now in
   force in Texas, and not inconsistent with this constitution, shall
   remain in full force until declared void, repealed, altered, or expire
   by their own limitation.
  
   Sec. 2. All fines, penalties, forfeitures and escheats, which have
   accrued to Coahuila and Texas, or Texas, shall accrue to this
   republic.
  
   Sec. 3. Every male citizen, who is, by this constitution, a citizen,
   and shall be otherwise qualified, shall be entitled to hold any office
   or place of honor, trust, or profit under the republic, any thing in
   this constitution to the contrary notwithstanding.
  
   Sec. 4. The first president and vice president that shall be appointed
   after the adoption of this constitution, shall be chosen by this
   convention, and shall immediately enter on the duties of their
   offices, and shall hold said offices until their successors be elected
   and qualified, as prescribed in this constitution, and shall have the
   same qualifications, be invested with the same powers, and perform the
   same duties which are required and conferred on the executive head of
   the republic by this constitution.
  
   Sec. 5. The president shall issue writs of election directed to the
   officers authorized to hold elections of the several counties,
   requiring them to cause an election to be held for president, vice
   president, representatives, and senators to congress, at the time, and
   mode prescribed by this constitution, which election shall conducted
   in the manner that elections have been heretofore conducted. The
   president, vice president, and members of congress, when duly elected,
   shall continue to discharge the duties of their respective offices for
   the time and manner prescribed by this constitution, until their
   successors be duly qualified.
  
   Sec. 6. Until the first enumeration shall be made, directed by this
   constitution, the precinct of Austin shall be entitled to one
   representative; the precinct of Brazoria to two representatives; the
   precinct of Bexar two representatives; the precinct of Colorado one
   representative; Sabine one; Gonzales one; Goliad one; Harrisburg one;
   Jasper one; Jefferson one; Liberty one; Matagorda one; Mina two;
   Nacogdoches two; Red River three; Victoria one; San Augustine two;
   Shelby two; Refugio one; San Patricio one; Washington two; Milam one;
   and Jackson one representative.
  
   Sec. 7. Until the first enumeration shall be made, as described by
   this constitution, the senatorial districts shall be composed of the
   following precincts: Bexar shall be entitled to one senator; San
   Patricio, Refugio and Goliad one; Brazoria one; Mina and Gonzales one;
   Nacogdoches one; Red River one; Shelby and Sabine one; Washington one;
   Matagorda, Jackson and Victoria one; Austin and Colorado one; San
   Augustine one: Milam one; Jasper and Jefferson one; and Liberty and
   Harrisburg one senator.
  
  Sec. 8. All judges, sheriffs, commissioners, and other civil officers
   shall remain in office, and in the discharge of the powers and duties
   of their respective offices, until there shall be others appointed or
   elected under the constitution.
  
 GENERAL PROVISIONS.
                                     
   Sec. 1. Laws shall be made to exclude from office, from the right of
   suffrage, and from serving on juries those who shall hereafter be
   convicted of bribery, perjury, or other high crimes and misdemeanors.
  
   Sec. 2. Returns of all elections for officers who are to be
   commissioned by the president, shall be made to the secretary of state
   of this republic.
  
   Sec. 3. The presidents and heads of departments shall keep their
   offices at the seat of government, unless removed by the permission of
   congress, or unless in case of emergency in time of war, the public
   interest may require their removal.
  
   Sec. 4. The president shall make use of his private seal until a seal
   of the republic shall be provided.
  
   Sec. 5. It shall be the duty of congress, as soon as circumstances
   will permit, to provide by law, a general system of education.
  
   Sec. 6. All free white persons who shall emigrate to this republic,
   and who shall, after a residence of six months, make oath before some
   competent authority that he intends to reside permanently in the same,
   and shall swear to support this constitution, and that he will bear
   true allegiance to the republic of Texas, shall be entitled to all the
   privileges of citizenship.
  
  Sec. 7. So soon as convenience will permit, there shall be a penal
   code formed on principles of reformation, and not of vindictive
   justice; and the civil and criminal laws shall be revised, digested,
   and arranged under different heads; and all laws relating to land
   titles shall be translated, revised, and promulgated.
  
   Sec. 8. All persons who shall leave the country for the purpose of
   evading a participation in the present struggle, or shall refuse to
   participate in it, or shall give aid or assistance to the present
   enemy, shall forfeit all rights of citizenship, and such lands as they
   may hold in the republic.
  
   Sec. 9. All persons of color who were slaves for life previous to
   their emigration to Texas, and who are now held in bondage, shall
   remain in the like state of servitude; provided, the said slave shall
   be the bona fide property of the person so holding said slave as
   aforesaid. Congress shall pass no laws to prohibit emigrants from
   bringing their slaves into the republic with them, and holding them by
   the same tenure by which such slaves were held in the United States;
   nor shall congress have power to emancipate slaves; nor shall any
   slave holder be allowed to emancipate his or her slave or slaves
   without the consent of congress, unless he or she shall send his or
   her slave or slaves without the limits of the republic. No free person
   of African descent, either in whole or in part, shall be permitted to
   reside permanently in the republic, without the consent of congress;
   and the importation or admission of Africans or negroes into this
   republic, excepting from the United States of America, is forever
   prohibited, and declared to be piracy.
  
   Sec. 10. All persons (Africans, the descendants of Africans, and
   Indians excepted,) who were residing in Texas on the day of the
   declaration of independence, shall be considered citizens of the
   republic, and entitled to all the privileges of such. All citizens now
   living in Texas, who have not received their portion of land, in like
   manner as colonists, shall be entitled to their land in the following
   proportion and manner: Every hear of a family shall be entitled to one
   league and labor of land; and every single man of the age of seventeen
   and upwards, shall be entitled to the third part of one league of
   land. All citizens who may have previously to the adoption of this
   constitution, received their league of land as heads of families, and
   their quarter of a league of land as single persons, shall receive
   such additional quantity as will make the quantity of land received by
   them equal to one league and labor, and one third of a league, unless
   by bargain, sale, or exchange, they have transferred or may henceforth
   transfer their right to said land, or a portion thereof, to some other
   citizen of the republic; and in such case, the person to whom such
   right shall have been transferred shall be entitled to the same, as
   fully and amply as the person. making the transfer might or could have
   been. No alien shall hold land in Texas, except by titles emanating
   directly from the government of this republic. But if any citizen of
   this republic should die intestate or otherwise, his children or heirs
   shall inherit his estate, and aliens shall have a reasonable time to
   take possession of and dispose of the same, in a manner hereafter to
   be pointed out by law. Orphan children whose parents were entitled to
   land under the colonization laws of Mexico, and who now reside in the
   republic, shall be entitled to all the rights of which their parents
   were possessed at the time of their death. The citizens of the
   republic shall not be compelled to reside on the land, but shall have
   their lines plainly marked.
  
   All orders of survey legally obtained by any citizen of the republic,
   from any legally authorized commissioner, prior to the act of the late
   consultation closing the land offices, shall be valid. In all cases
   the actual settler and occupant of the soil shall be entitled, in
   locating his land, to include his improvement, in preference to all
   other claims not acquired previous to his settlement, according to the
   law of the land and this constitution -- provided, that nothing herein
   contained shall prejudice the rights of any other citizen from whom a
   settler may hold land by rent or lease.
  
   And whereas, the protection of the public domain from unjust and
   fraudulent claims, and quieting the people in the enjoyment of their
   lands, is one of the great duties of this convention; and whereas the
   legislature of Coahuila and Texas having passed an act in the year
   1834, in behalf of general John T. Mason of New York, and another on
   the 14th day of March, 1835, under which the enormous amount of eleven
   hundred leagues of land has been claimed by sundry individuals, some
   of whom reside in foreign countries, and are not citizens of the
   republic,--which said acts are contrary to articles fourth, twelfth,
   and fifteenth of the laws of 1824 of the general congress of Mexico,
   and one of said acts, for that cause has, by said general congress of
   Mexico, been declared null and void: It is hereby declared that the
   said act of 1834, in favor of John T. Mason, and of the 14th of March.
   1835, of the said legislature of Coahuila and Texas, and each and
   every grant founded thereon, is, and was from the beginning, null and
   void; and all surveys made under pretence of authority derived from
   said acts, are hereby declared to be null and void: and all eleven
   league claims, located within twenty leagues of the boundary line
   between Texas and the United States of America, which have been
   located contrary to the laws of Mexico, are hereby declared to be null
   and void. And whereas many surveys and titles to lands have been made
   whilst most of the people of Texas were absent from home, serving in
   the campaign against Bexar, it is hereby declared that all the surveys
   and locations of land made since the act of the late consultation
   closing the land offices, and all titles to land made since that time,
   are, and shall be null and void.
  
   And whereas the present unsettled state of the country and the general
   welfare of the people demand that the operations of the land office,
   and the whole land system shall be suspended until persons serving in
   the army can have a fair and equal chance with those remaining at
   home, to select and locate their lands, it is hereby declared, that no
   survey or title which may hereafter be made shall be valid, unless
   such survey or title shall be authorized by this convention, or some
   future congress of the republic. And with a view to the simplification
   of the land system. and the protection of the people and the
   government from litigation and fraud, a general land office shall be
   established, where all the land titles of the republic shall be
   registered, and the whole territory of the republic shall be
   sectionized, in a manner hereafter to be prescribed by law, which
   shall enable the officers of the government or any citizen, to
   ascertain with certainty the lands that are vacant, and those lands
   which may be covered with valid titles.
  
   Sec. 11. Any amendment or amendments to this constitution, may be
   proposed in the house of representatives or senate, and if the same
   shall be agreed to by a majority of the members elected to each of the
   two houses, such proposed amendment or amendments shall be entered on
   the journals, with the yeas and nays thereon, and referred to the
   congress then next to be chosen, and shall be published for three
   months previous to the election; and if the congress next chosen as
   aforesaid, shall pass said amendment or amendments by a vote of
   two-thirds of all the members elected to each house, then it shall be
   the duty of said congress to submit said proposed amendment or
   amendments to the people, in such manner and at such times as the
   congress shall prescribe; and if the people shall approve and ratify
   such amendment or amendments by a majority of the electors qualified
   to vote for members of congress voting thereon, such amendment or
   amendments shall become a part of this constitution: Provided,
   however, that no amendment or amendments be referred to the people
   oftener than once in three years.
  
DECLARATION OF RIGHTS.
                                     
   This declaration of rights is declared to be a part of this
   constitution, and shall never be violated on any pretence whatever.
   And in order to guard against the transgression of the high powers
   which we have delegated, we declare that every thing in this bill of
   rights contained, and every other right not hereby delegated, is
   reserved to the people.
  
   First. All men, when they form a social compact, have equal rights,
   and no men or set of men are entitled to exclusive public privileges
   or emoluments from the community.
  
   Second. All political power is inherent in the people, and all free
   governments are founded on their authority, and instituted for their
   benefit; and they have at all times the inalienable right to alter
   their government in such manner as they might think proper.
  
   Third. No preference shall be given by law to any religious
   denomination or mode of worship over another, but every person shall
   be permitted to worship God according to the dictates of his own
   conscience.
  
   Fourth. Every citizen shall be at liberty to speak, write, or publish
   his opinions on any subject, being responsible for the abuse of that
   privilege. No law shall ever be passed to curtail the liberty of
   speech or of the press; and in all prosecutions for libel, the truth
   may be given in evidence, and the jury shall have the right to
   determine the law and the facts, under the direction of the court.
  
   Fifth. The people shall be secure in their persons, houses, papers,
   and possessions, from all unreasonable searches and seizures, and no
   warrant shall issue to search any place or seize any person or thing,
   without describing the place to be searched or the person or thing to
   be seized, without probable cause, supported by oath or affirmation.
  
  Sixth. In all criminal prosecutions the accused shall have the right
   of being heard, by himself, or counsel, or both; he shall have the
   right to demand the nature and cause of the accusation, shall be
   confronted with the witnesses against him, and have compulsory process
   for obtaining witnesses in his favor. And in all prosecutions by
   presentment or indictment, he shall have the right to a speedy and
   public trial, by an impartial jury; he shall not be compelled to give
   evidence against himself, or be deprived of life, liberty, or
   property, but by due course of law. And no freeman shall be holden to
   answer for any criminal charge, but on presentment or indictment by a
   grand jury, except in the land and naval forces, or in the militia
   when in actual service in time of war or public danger, or in cases of
   impeachment.
  
   Seventh. No citizen shall be deprived of privileges, outlawed, exiled,
   or in any manner disfranchised, except by due course of the law of the
   land.
  
   Eighth. No title of nobility, hereditary privileges or honors, shall
   ever be granted or conferred in this republic. No person holding any
   office of profit or trust shall, without the consent of congress,
   receive from any foreign state and present, office, or emolument of
   any kind.
  
   Ninth. No person, for the same offence, shall be twice put in jeopardy
   of life or limbs. And the right of trial by jury shall remain
   inviolate.
  
  Tenth. All persons shall be bailable by sufficient security, unless
   for capital crimes, when the proof is evident or presumption strong;
   and the privilege of the writ of "habeas corpus" shall not be
   suspended, except in case of rebellion or invasion the public safety
   may require it.
  
   Eleventh. Excessive bail shall not be required, nor excessive fines
   imposed, or cruel or unusual punishments inflicted. All courts shall
   be open, and every man for any injury done him in his lands, goods,
   person, or reputation, shall have remedy by due course of law.
  
   Twelfth No person shall be imprisoned for debt in consequence of
   inability to pay.
  
   Thirteenth. No person's particular services shall be demanded, nor
   property taken or applied to public use, unless by the consent of
   himself or his representative, without just compensation being made
   therefor according to law.
  
  Fourteenth. Every citizen shall have the right to bear arms in defence
   of himself and the republic. The military shall at all times and in
   all cases be subordinate to the civil power.
  
  Fifteenth. The sure and certain defence of a free people is a well
   regulated militia; and it shall be the duty of the legislature to
   enact such laws as may be necessary to the organizing of the militia
   of this republic.
  
   Sixteenth. Treason against this republic shall consist only in levying
   war against it, or adhering to its enemies, giving them aid and
   support. No retrospective or ex-post facto law, or laws impairing the
   obligation on contracts, shall be made.
  
   Seventeenth. Perpetuities or monopolies are contrary to the genius of
   a free government, and shall not be allowed; nor shall the law of
   primogeniture or entailments ever be in force in this republic.
  
   The foregoing constitution was unanimously adopted be the delegates of
   Texas, in convention assembled, at the town of Washington, on the
   seventeenth day of March, in the year of our Lord one thousand eight
   hundred and thirty-six, and of the Independence of the Republic, the
   first year.
  
   In witness whereof, we have hereunto subscribed our names.
  
                               RICHARD ELLIS
                   President and Delegate from Red River
                                     
   ALBERT H.S. KIMBLE, Secretary,
  
   C. B. Stewart, Matthew Caldwell.
   James Collinsworth, William Motley,
   Edwin Waller, Lorenzo de Zavala,
   A. Brigham, George W. Smyth,
   John S. D. Byrom, Stephen H. Everett,
   Francis Ruis, Elijah Stepp,
   J. Antonio Navarro, Claiborne West,
   William D. Lacy, John S. Roberts,
   William Menufee, Robert Hamilton,
   John Fisher, Collin McKinney,
   A. H. Latimore, Thomas J. Gazley,
   James Power. R. M. Coleman,
   Sam. Houston, Sterling C. Robertson,
   Edward Conrad, George C. Childress,
   Martin Palmer, Baily Hardiman,
   James Gaines, Robert Potter,
   William Clark, jun., Charles Taylor,
   Sydney O. Pennington, George W. Barnet,
   Samuel P. Carson, Jesse Grimes,
   Thomas J. Rusk, E. O. Legrand,
   William C. Crawford, David Thomas,
   John Turner, S. Rhoads Fisher,
   Benjamin Briggs Goodrich, John W. Bower,
   Jumes G. Swisher, J. B. Woods,
   William B. Leates, Andrew Briscoe,
   M. B.Menard, Thomas Barnett,
   A. B. Hardin, Jesse B. Badgett,
   John W. Bunton, Stephen W. Blount.