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 favour. 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 honours 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 any present, office, or emolument of any kind. Ninth. No person, for the same offence, shall be twice put in jeopardy of life or limb. 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 cases of rebellion or invasion, when 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 organization 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 obligations of 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 entailment ever be in force in this Republic. The foregoing Constitution was unanimously adopted by 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 thirtysix, and of the Independence of the Republic the first. In witness whereof, we have hereunto subscribed our names. RICHARD ELLIS, President and Delegate from Red River. C. B. STEWART, WILLIAM CLARK, JUN. SYDNEY O. PENNINGTON, A. B. HARDIN, STERLING C. ROBERTSON, J. B. WOODS. GEORGE C. CHILDRESS, BAILY HARDIMAN, THOMAS BARNETT, ROBERT POTTER, JESSE B. BADGETT, STEPHEN W. BLOUNT. I do hereby certify, that I have carefully compared the foregoing Constitution, and find it to be a true copy from the original filed in the archives of the Convention. Given under my hand, this 17th day of March, 1836. (Attest.) H. S. KIMBLE, Sec. of the Convention. 523 APPENDIX.-N°. VIII. ANGLO-TEXAN LEGISLATION. LIST OF THE GENERAL ORDINANCES AND DECREES OF THE PROVISIONAL GOVERNMENT OF TEXAS. AN ordinance making provision for the army now in the field. An ordinance and decree regulating offices under the Provisional Government. An ordinance declaring the mode of passing, signing, and publishing the Ordinances, Decrees, and Resolutions of the Provisional Government of Texas. An ordinance and decree authorising certain officers to administer the Oath of Office prescribed by the Organic Law, creating a Provisional Government of Texas. An ordinance to authorise and empower Thomas F. McKinney, of Velasco, to borrow one hundred thousand dollars; and making it the duty of the Governor to give him corresponding commission, instructions, &c. An ordinance prescribing the manner and form of settling the accounts of the volunteer army of Texas. An ordinance and decree to establish and organise a Corps of Rangers. An ordinance and decree to raise a regular army. An ordinance and decree for granting Letters of Marque and Reprisal. An ordinance for appointing a Treasurer to the Provisional Government of Texas, a Secretary to the Executive and two Chief Clerks; defining their several duties, &c. An ordinance and decree establishing a Navy. An ordinance regulating the Militia. An ordinance and decree for advancing the sum of fifteen hundred dollars for the benefit of the Volunteer Army of the people, under the command of General S. F. Austin, and other purposes. An ordinance appointing a Commissary to take charge of volunteers for the army, and defining his duties. An ordinance and decree supplementary to "An ordinance and decree, appointing a Commissary to take charge of the volunteers of the army, and defining his duties;" passed November 27th, 1835. An ordinance and decree to purchase munitions of war, provisions, arms, &c., for the army of Texas, and defence of the sea-coast. An ordinance and decree to purchase provisions for the volunteer army of the people of Texas. An ordinance and decree supplementary to an ordinance and decree, entitled "An ordinance and decree, granting Letters of Marque and Reprisal," dated November 25th, 1835. An ordinance and decree authorising and requiring the Governor to appoint a Commissioner in the several municipalities to administer oaths, &c. An ordinance and decree authorising the Governor to grant registers to vessels. An ordinance and decree for supplying the Army of the people, now in the field before Bexar, with money, and for other purposes. An ordinance and decree to raise a loan for the use of the provisional government of Texas. An ordinance creating a municipality off, and from the west side of the present municipality of Matagorda, to be called the municipality of Jackson. Resolution relating to rank of officers in the regular army. Resolution authorising the Commander-in-Chief to accept the services of five thousand auxiliary volunteers, and for other purposes. Resolution authorising the treasurer to draw on the Commissioners at New Orleans. Supplement to an ordinance and decree entitled, "an ordinance and decree establishing and imposing duties of imports and tounage, and for other purposes." An ordinance and decree increasing the bounty to soldiers of the regular army. Resolution appointing Thomas F. M Kinney agent, &c. An ordinance and decree for creating the municipality of Sabine, and for organising the same. |