Canadian River.

Sweet Water Creek: Lat.

35° 35', Lon. 101° 55'.

NORTHWESTERN TEXAS.

OBSERVATIONS BY CAPT. MARCY, IN 1852, ON UPPER RED River.

Main Source Red River.

NORTHWESTERN TEXAS.

OBSERVATIONS BY CAPT. MARCY, IN 1852, on UPPER RED RIVER.

NORTHWESTERN TEXAS.

EXTREME TEMPERATURES NOTED BY MR. PARKER, ON THE HEADS OF THE

CONSTITUTION OF THE STATE OF TEXAS.

PROVISIONS OF GENERAL INTEREST.

WE the people of the Republic of Texas, acknowledging with gratitude the grace and beneficence of God, in permitting us to make a choice of our form of Government, do, in accordance with the provisions of the joint Resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this Constitution:

Article I.-Bill of Rights.

That the general, great, and essential principles of liberty and free government may be recognized and established, wo declare that

SEC. 1. 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 unalienable right to alter, reform, or abolish their form of gov ernment in such manner as they may think expedient.

SEC. 2. All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive separate public emoluments or privileges but in consideration of public services.

Sec. 3. No religious test shall ever be required as a qualification to any office or public trust in this State.

SEC. 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 conscience in matters of religion; and no preference shall ever be given by law to any religious society or mode of wor. ship. But it shall be 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.

SEC. 5. Every citizen shall be at liberty to speak, write, or publish his opinion on any subject, being responsible for the abuse of that privilege, and no law shall have the right to control the liberty of speech or of the press.

SEC. 6. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have the right to determine the law and the facts under the direction of the courts, as in other cases.

SEC. 7. The people shall be secure in their persons, houses, papers, and pos sessions, from all unreasonable seizures or searches; and no warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath and affirmation.

SEC. 8 In all criminal prosecutions, the accused shall have a speedy publio

trial by an impartial jury; he shall not be compelled to give evidence against himself, he 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 obtaining witnesses in his favor, and no person shall be holden to answer for any criminal charge, but on indictment or information, except in cases arising in the land or naval forces, or offenses against the laws in regulating the militia.

SEC. 9. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great; but this provision shall not be construed so as to prohibit bail after indictment found upon an examination of the evidence by a Judge of the Supreme or District Court upon the return of the (a) writ of habeas corpus, returnable in the county where the offense is committed.

SEC 10. The privileges of the writ of habeas corpus shall not be suspended, except when, in case of rebellion, or invasion, the public safety may require it. SEC. 11. Excessive bail shall not be required nor excessive fines imposed, nor cruel, nor unusual punishment inflicted. All courts shall be open, and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law.

SEC. 12. No person, for the same offense, shall be twice put in jeopardy of life or limb, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty; and the right of trial by jury shall remain inviolate.

SEC. 13. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State.

SEC. 14. No bill of attainder, ex post facto law, retroactive laws, or any law impairing the obligations of contracts, shall be made, and no person's property shall be taken or applied to public use without adequate compensation being made, unless by the consent of such person.

SEC. 15. No person shall ever be imprisoned for debt.

SEC. 16. No citizen of the State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of law of the land.

SEC. 17. The military shall, at all times, be subordinate to the civil authority SEC. 18. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.

SEC. 19. The citizens shall have the right, in a peaceable manner, to asseinble together for their common good, and to apply to those invested with the power of Government, for the redress of grievances, or other purposes, by petition, address, or remoustrance

SEC. 20. No power of suspending laws in this State shall be exercised, except by the Legislature or its authority.

SEC. 21. To guard against transgressions of the higher powers herein desig. nated, we declare that everything in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto or the following provisions shall be void.

Articles II-V.-Division of the Powers, of Government, etc.

The departments are three-Executive, Legislative, and Judicial-organized as is usual in the other States. To possess the right of suffrage, a person must have attained the age of twenty-one years, have resided one year in the State, and the last six months in his voting district--"Indians not taxed, Africans, and descendants of Africans" are excepted. The sessions of the Legislature are triennial. Members of the House of Representatives are elected for two years; must be citizens, and have been two years inhabitants of the State, and twenty-one years of age. Members of the Senate are chosen for four years: must be citizens, three years inhabitant, and thirty years of age. The doors of each house must be kept open, and neither may adjourn without concurrence for more than three days. Members cannot be ministers of the Gospel or priests. A census is to be taken every eight years from 1850.

The Governor holds office for two years, but is ineligible for more than four years out of six. His qualifications are those of a Senator. He has the power of reprieve and pardon, and of veto; but vetoed bills, repassed by a twothirds vote, become laws.

The Judicial department is organized into one Supreme Court, District Courts, County Courts, and Justices' Courts.

Article VI.-Militia.

SEC. 2. Any person who has conscientious scruples to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal services.

SEC. 3. No licensed minister of the Gospel shall be required to perform mili. tary duty, work on roads, or serve on juries in this State.

The control of the militia is given to the Governor.

Article VII.-General Provisions.

All officers must take oath that they have not been concerned in any duel SEC. 2. Treason against this State shall consist only in levying war against it, or in adhering to its enemies-giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court.

SEC. 10. The duration of no office may exceed four years.

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 relation as well to her separate property us that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

SEC. 22. Exempts homesteads from forced sale.

SEC. 32. Prohibits paper to circulate as money.

SEC. 35. No soldier in time of peace may be quartered upon any person without his consent.