CONSTITUTION OF THE REPUBLIC OF TEXAS Adopted 1836 - Amended 2003

CONSTITUTION

OF THE

REPUBLIC OF TEXAS

Adopted 1836 - Amended 2003

PREAMBLE:

Part A.  We, the People of Texas, in order to form a Government, establish justice, ensure domestic tranquility, provide for the common defense and general welfare; and to secure the blessings of liberty to ourselves, and our posterity, do ordain and establish this Constitution.

Part B.  By the grace, beneficence, and most humble petition of The Almighty Creator, We, the Sovereign living souls who domicile on Texas Soil, hereinafter "Texian People," do now reclaim and demand Our Land in the Wilderness known as the Republic of Texas; and herewith give notice to all nations, that We, the Texian People, now resume the establishment of Our Republic, and its government, by Divine Covenant in accordance with the Natural Law commanded by The Creator of Heaven and Earth, in order that we may receive His blessings on Our Land and restoration of Our Republic.  By this Act, We, the Texian People, renounce and abolish the unlawful military rule which has existed over Our Soil since 1865.

ARTICLE ONE.

SECTION 1. The powers of this Government shall be divided into three departments, viz: Representative, Executive and Judicial, which shall remain forever separate and distinct.

SEC. 2. The Representative power shall be vested in a national delegation, to be styled the General Assembly of the Republic of Texas.

SEC. 3. Representatives shall be chosen biannually, on the first Monday of September every other year, until the General Assembly shall otherwise determine, and shall hold their offices two years from the date of their election.

SEC. 4. No Texian shall be eligible to a seat in the General Assembly until he shall have attained the age of twenty-five years, shall have been a native Citizen of the Republic or a Texian  National, as defined in the General Provisions SEC. 4 of this reactivated Constitution as amended, for at least ten years and shall have domiciled in the county six months next preceding his election.

SEC. 5. The General Assembly shall consist of no fewer than 30, nor more than one member from each present and future county, and each county shall be entitled to one Representative and one Alternate.  All elected representatives, or their Alternates shall be required to participate in each session of the General Assembly.  Counties without representation shall not have voice or vote in the proceedings.

SEC. 6. The General Assembly shall choose their Speaker and other officers, and shall have the sole power of impeachment.

SEC. 7. At the first session of the General Assembly after the reactivation of this Constitution as amended, the Representatives shall be divided by lot into two Groups, as nearly equal as practicable; the seats of the Representatives of the first group shall be vacated at the end of the first year; of the second group, at the end of the second year, in such a manner that one half shall be chosen each year thereafter.

SEC. 8. The Vice President of the Republic shall be Chairman of the General Assembly, but shall not vote on any question, unless the Assembly be equally divided.  During national elections, the Speaker shall preside over the General Assembly.

SEC. 9. The General Assembly shall choose all other officers of their body, and a Chairman 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 or asseveration; but no conviction shall take place without the concurrence of two thirds of all the members present.

SEC. 10. 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 natural law.

SEC. 11. Two thirds of the General Assembly 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. 12. The General Assembly 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 for the session, but not a second time for the same offence.

SEC. 13. Representatives shall receive a compensation for their services, to be fixed by resolution, but no increase of compensation, or diminution, shall take effect during the term in 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 the Assembly, and in going to and returning from same; and for any speech or debate they shall not be questioned in any other place.

SEC. 14. The General Assembly may punish, by ejection, during the session, any Texian not a member, who shall be guilty of any disrespect to the Assembly, by any disorderly conduct in their presence.  The party ejected shall nevertheless be liable to indictment, trial, judgment and punishment but only according to Natural Law.

SEC. 15. The General Assembly shall keep a journal of its proceedings, and publish the same, except such parts as in its judgment, by a two thirds concurrent vote of those seated, require secrecy. When any three members shall desire the ayes and nays on any question, they shall be entered on the journals.

SEC. 16. The General Assembly, shall not adjourn for more than three days, nor to any other place than that in which the Assembly may be sitting.

SEC. 17. When vacancies happen in the General Assembly, the Executive shall issue writs of election to fill such vacancies.

SEC. 18. No resolution shall be adopted until it shall have been read on three several days, and passed by the same, unless, in cases of emergency, two thirds of the members of the Assembly shall deem it expedient to dispense with the rule.

SEC. 19. After a resolution shall have been rejected, no resolution containing the same substance shall be adopted during the same session.

SEC. 20. The style of the resolutions of the General Assembly shall be, "Be it resolved by the General Assembly of the Republic of Texas, in session assembled..."  All resolutions of the General Assembly shall be binding upon the national government and all of its departments and offices.

SEC. 21. No Texian holding an office of profit under the Government shall be eligible to a seat in the General Assembly, nor shall any member of the General Assembly be eligible to any office which may be created, or the profits of which shall be increased during his term of service.

SEC. 22. No holder of public monies or collector thereof, shall be eligible to a seat in the General Assembly, until he shall have fully acquitted himself of all responsibility, and shall produce the proper officer’s receipt thereof. Members of the General Assembly may protest against any act or resolution, and may have such protest entered on the journals.

SEC. 23. No money shall be drawn from the public treasury but in strict accordance with appropriations made by resolution; and no appropriations shall be made for private or local purposes.

SEC. 24. Every act of the General Assembly shall be approved and signed by the President before it becomes binding; but if the President will not approve and sign such act, he shall return it to the General Assembly, with his reasons for not approving the same, which shall be spread upon the journals of the General Assembly, and the bill shall then be reconsidered, and shall not become binding unless it shall then pass by a vote of two thirds of the General Assembly.  If any act shall be disapproved by the President, the vote on the reconsideration shall be recorded by ayes and nays.  If the President shall fail to return a bill within five days (weekends excepted) after it shall have been presented for his approval and signature, the same shall become adopted, unless the General Assembly prevent its return within the time above specified by adjournment.

SEC. 25. All bills, acts, orders, or resolutions, to which the concurrence of the General Assembly 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 the Assembly, in manner and form as specified in section twenty-four.

ARTICLE TWO.

SEC. 1. The General Assembly shall have power to levy and collect import and export taxes and imposts, excise and tonnage duties; to pay the debts and to provide for the common defense and general welfare of the Republic; neither the General Assembly nor any department of local or national government including the Executive and the Judicial, shall have any power to levy and collect any non-corporate business or personal income tax on profits or gain, wages, remuneration, salaries or compensation for labor, nor shall any power be given the same to levy or collect, except as may be otherwise authorized in this reactivated Constitution as amended, any direct tax, nor any property or land taxes; from any Texian National/Sovereign Citizen of the Republic of Texas.  This provision shall not be construed to affect any provision of General Provisions SEC. 4 and Schedule SEC. 7, authorizing the Silver Half Ounce levies for the citizenship and election processes, respectively, in the Republic of Texas;

  

SEC. 2. To regulate commerce, to coin money of intrinsic value, 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 licenses to foreign corporations and tax them, grant patents and copyrights, and secure to the authors and inventors the exclusive use thereof for a specified time;

SEC. 4. To declare war, grant letters of marque and reprisal, and to regulate captures;

SEC. 5. To provide and maintain a navy, and to make all rules and regulations necessary for the operation of all defense forces;

SEC. 6. To call out the militia to execute the Common (Natural) Law, to suppress insurrections, and repel invasion;

SEC. 7. To make all regulations 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.

SEC. 8. The General Assembly shall have power to establish a Public Outreach Program during the interim phase of establishment of the government of the Republic of Texas,  consisting of the following elements, and the provisions of this section shall remain in full force until declared void, repealed, altered, or expire by their own limitations:

1. County Coordinators

2. Website

3. Printed Information

4. Audio Information

5. Video Information

6. Shortwave Broadcast

7. FM Broadcast

8. Televised Broadcast

This Outreach Program shall be carried out under the direction of the President, pursuant to the Transitional Plan and the Plans & Powers previously adopted.  Said Transitional Plan shall continue to be implemented by the General Council of the Provisional Government, until the requisite number of Representatives of the General Assembly (as defined at Article One, SEC. 5 of this Constitution) determine that the General Council has accomplished or exceeded its mandate on behalf of the People of the Republic of Texas in accordance with the general expiration provision at Schedule SEC. 1 of this amended and reactivated Constitution.

The General Assembly shall have power to make all resolutions 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 THREE.

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 President elected by the People shall hold his office for the term of two years, and shall be ineligible during the next succeeding term, unless two thirds of the General Assembly resolve to dispense with this rule; and in the event of a tie, the General Assembly shall determine between the two highest candidates by viva 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 General Assembly, by the holders of elections of each county; and the Speaker of the General Assembly shall open and publish the returns, in presence of a quorum of the General Assembly.

SEC. 4. There shall be national and local expressions of a republican form of government. 

a. The General Assembly shall determine the nature and number of departments required to be created and established in the National Executive, and the Executive shall implement such departments and oversee their operations on a daily basis.

b. The local governments shall consist of county and (or) town councils and shall establish the departments necessary for each locality.  These, however, shall include at least a County Sheriff, at least one People's Court, a postal outlet, and such other departments and offices as may be required by the People of each county.

c. Officials shall be elected by petition.

ARTICLE FOUR.

SEC. 1. The Judicial powers of the National Government shall be vested in one Supreme Court, made up of seven Justices, and such inferior courts as the General Assembly may, from time to time, ordain and establish. No Texian shall be eligible to any office of Supreme Court or any inferior court Justice who shall not have attained the age of forty years; and he or she must be a Citizen of the Republic as defined in the General Provisions SEC. 4 of this document, and an inhabitant of this Republic at least ten years immediately preceding his selection.  The eligible Justices of the supreme and inferior courts shall be chosen by lot from among the current justices of the Peoples County Courts, and shall hold their offices for four years, be eligible to serve again, and shall, at stated periods, receive for their services a compensation, not to be increased or diminished during the period for which they were chosen.

SEC. 2. The Supreme Court shall rule in all admiralty and maritime cases, and in all cases affecting foreign ambassadors, public ministers, or consuls.

SEC. 3. The style of all processes in Admiralty and Maritime cases shall be, "The Republic of Texas;" and all such 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. 4. The Supreme Court shall consist of a chief justice and six associate justices.

SEC. 5. The Supreme Court shall have appellate jurisdiction, to judge only due process of the county courts, inferior courts, courts martial and other tribunals, 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 the General Assembly; provided that no Supreme Court justice shall sit in a case which was presided by him in his respective county court.

SEC. 6. The Counties of the Republic of Texas shall establish their own People's Courts, assisted in this by the Executive.  There shall be elected for each county, at least one justice, who shall reside in the same, and hold the courts at such times and places as the People of their respective counties may determine.  The Justices, by virtue of their offices, shall be conservators of the peace, throughout the Republic.

SEC. 7. There shall be a Counselor General appointed by each county, whose duties, salaries, prerequisites, and terms of service shall be fixed by the local county governments.

SEC. 8. The clerks of the county courts shall be elected by the qualified voters for members of the General Assembly 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 indictment, and conviction of a petit jury.

SEC. 9. There shall be appointed, for each county, a convenient number of justices of the peace, one sheriff, and one coroner, who shall hold their offices for two years, to be elected by the qualified voters of the county.  Each sheriff shall appoint a convenient number of deputies to assist him in the execution of his duties and responsibilities.

SEC. 10. In all cases brought before the People's Courts, the natural (common) law shall be the rule of decision.

ARTICLE FIVE.

SEC. 1. Members of the clergy being, by their profession, dedicated to the service of the Creator and the care of souls, ought not to be diverted from the great duties of their functions, therefore, no minister of the gospel or priest of any denomination whatever shall be eligible to any office of the Executive of the Republic, nor to a seat in the General Assembly.

SEC. 2. Each member of the General Assembly shall, before they proceed to business, take an oath or asseveration to support the Constitution, as follows:

"I, A. B., do solemnly swear [declare, or affirm, as the case may be] that, as a member of this General Assembly, I will support the Constitution of the Republic of Texas, and that I will not propose or assent to any bill, vote, or resolution, which shall appear to me injurious to the People of Texas."

SEC. 3. Every Texian who shall be elected or appointed to any office of trust or profit shall, before entering on the duties thereof, declare that he or she is not a member of any secret society, nor a member of the B.A.R., and that he or she holds no title of nobility, and shall take an oath or asseveration to support the Constitution of the Republic of Texas, and also an oath or asseveration of office.

ARTICLE SIX

 SEC. 1. No Texian shall be eligible to the office of President who shall not have attained the age of thirty years, or who is not a citizen of the Republic as defined in the General Provisions SEC. 4 of this document, or who has not  inhabited this Republic at least ten years immediately preceding his election.  Upon resolution of two thirds of the General Assembly, the preceding age requirement may be waived.

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,  affirmation or asseveration: "I, A. B., President of the Republic of Texas, do solemnly and sincerely swear [declare, or affirm, as the case may be] that I will faithfully execute the duties of my office, and to the best of my ability preserve, protect, and defend the Constitution of the Republic;

SEC. 4. He shall appoint a commander-in-chief for the defense of the Republic, and the militia thereof, but he shall not make war without the authority of a resolution of the General Assembly; The Executive including the President shall have no power to declare a domestic insurrection nor to call out any militia or national guard, peace officers or police, nor any armed civilian or military forces whatsoever to suppress said insurrection, but shall defer the question to the General Assembly.  Nothing in this provision shall be construed  to prevent the Executive or the President from carrying out their duties of executing the common law, or to take command of the militia in time of declared war and repel foreign invasion, but said acts and duties are permitted only by and with the advice and consent of the General Assembly.

SEC. 5. He shall, with the advice and consent of two-thirds of the General Assembly, make treaties; and with the consent of the Assembly, appoint ministers and consuls, and all officers whose offices are established by the Constitution, not herein otherwise provided for.  He shall receive all foreign ministers, either directly or through the appropriate office;

SEC. 6. The President shall have power to fill all vacancies of appointed officers that may happen during the recess of the General Assembly; but he shall report the same to the Assembly within ten days after the next session shall convene; and should the Assembly 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 the General Assembly information as to the state of the Republic, and recommend for their consideration such measures as he may deem necessary. He may, upon extraordinary occasions, such as a national emergency, convene the General Assembly.  During such extraordinary occasions, in the event of a disagreement as to the time of adjournment, upon a two-thirds vote, the Assembly may adjourn to such time as they may think proper.  The President shall see that all of the resolutions and other acts of the General Assembly be faithfully executed.

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 Assembly, to appoint a Secretary of State and such other heads of Executive departments as may be established by the General Assembly, 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 Assembly.

SEC. 11. Every Citizen/National of the Republic as defined in the General Provisions SEC. 4 of this document who has attained the age of twenty years, and shall have resided six months within the county where the election is held, shall be entitled to vote for members of the General Assembly.

SEC. 12. All general and special elections of all elected government officials shall be by petition, in accordance with the provisions at Schedule SECs. 5 and 7 of this Constitution, and the General Assembly shall confirm the members of and otherwise coordinate with the Election Committee as established therein.

SEC. 13. All elections and (or)  appointments by vote of the General Assembly shall be viva voce, shall be entered on the journals, and a majority of all 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. In cases of impeachment, removal from office, death, resignation, or unaccountable absence of both the President and the Vice President simultaneously from the Republic, the  Speaker of the General Assembly and (or) other officials pre-designated by the General Assembly  in succession, shall exercise the powers and discharge the duties of the President and Vice President until the General Assembly can convene and shall appoint a duly qualified successor President pro tempore and Vice President pro tempore; thence until the Election Committee, after thirty days maximum, or upon due notification and advisement of the lawful status by the General Assembly within the thirty days of the aforesaid  elected offices, shall publicly announce the vacancies and begin the process of coordinating a special emergency election by petition to fill the vacant positions by duly qualified successors in accordance with the provisions at Article 6 SEC. 12 and Schedule SEC. 7 of this Constitution, or until the President and (or) Vice President, who both may be absent or impeached, shall return or be acquitted, whichever occurs first.    

SEC. 17. The President, Vice President, and all officers of the Republic, shall be removable from office by impeachment for, and on conviction of, treason, bribery, and other high crimes and misdemeanors.

BOUNDARIES OF THE REPUBLIC OF TEXAS

By the activation of this Constitution, as amended, the previous acts of the Republic of Texas in the Commonwealth holding known as the 1850 Compromise are hereby rescinded, due to default on agreement and fraud ab initio.  The boundaries of the Republic of Texas and the civil and political jurisdiction therein of this Republic is hereby declared and established to the following lines, to wit: the southern and western boundaries beginning at the mouth in the middle of the Sabine River, extending from a perpendicular line from land south into the Gulf of Mexico to the  point at twelve nautical miles from land, and thence running south and west along the Gulf of Mexico twelve nautical miles from land, thence along the perpendicular line at the point twelve nautical miles from land extending west to land at the mouth of the middle of the Rio Grande, thence following the middle of the principal stream of said river north and west up to its source, thence due north to the forty second degree of north latitude; and as may be further defined by the Republic of Texas Boundary Act of December 19, 1836 and official maps and Archives of the 1836 Republic of Texas Revolution; the  northern and eastern boundaries beginning at the point twelve nautical miles from land in the Gulf of Mexico at the perpendicular line extending north to the mouth of the middle of the Sabine River, thence continuing north following the middle of the principal stream of said river up to the thirty second degree of north latitude, thence due north to the Rio Roxo of Natchitoches or the Red River, thence following the middle of the principal stream of said river westward up to the North Fork of the Red River, and thence following the middle of the principal stream of said river north and westward upstream to the one hundredth degree meridian of west longitude from London to include the area known as Greer County, Texas, thence due north at the one hundredth degree meridian  to the Arkansas River, and following the middle of the principal stream of that river upstream to its source, thence due north to the forty second degree of north latitude, thence by that parallel of latitude due west to the line extending due north from the source of the Rio Grande, and as further defined in the Adams-de Onis Treaty of February 22, 1819.

Provisions for dealing with any questions of boundary or acquisition of territory by the Republic of Texas shall be dealt with in accordance with the section at General Provisions SEC. 9, as activated in this amended Constitution.

SCHEDULE.

SEC. 1. That no inconvenience may arise from the adoption of this Constitution, it is declared by this 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 limitations.

SEC. 2. All lawful fines, penalties, and forfeitures, and escheats, which have heretofore accrued to the State of Texas, or THE STATE OF TEXAS, shall accrue to this Republic.

SEC. 3. Every inhabitant who is by this Constitution a Citizen/National as defined in the General Provisions SEC. 4 of this document, and shall be otherwise qualified, shall be entitled to hold any office of place of honor, trust, or profit, under the Republic, except as expressly stated in this Constitution.

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 of the Election Committeee authorized to hold elections of the several counties, requiring them to cause an election to be held for President, Vice President, and Representatives, at the time and mode prescribed by this Constitution, which election shall be conducted in the manner that elections by petition will be henceforth conducted. The President, Vice President, and members of the General Assembly, 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. All justices, sheriffs, coroners, 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 this Constitution.

SEC 7. Election By Petition – An election committee, consisting of five members not presently holding government office, nominated by the President and confirmed by a two-thirds majority vote of the General Assembly, shall judge the elections, qualifications, and returns of all elected government officials.

At the beginning of each meeting of the General Assembly, the Election Committee shall publicly announce any vacancies of any elected office and begin the process of election by petition to fill the vacant position.

Election by petition shall be conducted in the following four thirty (30)-day stages.

Stage 1: The Election Committee shall publish in the National Paper of Record a “Notice of General Election by Petition” or a “Notice of Special Election by Petition,” as the case may be.

“The Notice of General Election by Petition” or “Notice of Special Election by Petition” as the case may be shall, in a public notice form, be developed by the Election Committee and finally approved by the General Assembly.

Stage 2: All candidates for the General Assembly, and all other elected government officials as applicable, shall publish their “Declaration of Candidacy” in the paper of record in their respective county and shall file a copy of said declaration with the Election Committee. All candidates for President and Vice President shall publish their “Declaration of Candidacy” in the National Paper of Record and shall file a copy of said declaration with the Election Committee.

A “Declaration of Candidacy” shall, on a declaration form developed by the Election Committee, and finally approved by the General Assembly, shall include all of the qualifications and declarations found in this Constitution pertaining to the election of officers in the Republic.

Stage 3: Candidates shall gather qualified signatures on a petition form developed by the Election Committee, and finally approved by the General Assembly.  A qualified signatory shall have attained at least the minimum age of twenty (20) years for any elected or appointed office and shall be a Texian Citizen/National as defined in the General Provisions SEC. 4 of this reactivated Constitution as amended, and shall be otherwise qualified and shall be entitled to hold any office of place of honor, trust, or profit, under the Republic, as expressly stated in this Constitution. The approved petition form shall include the signatory’s declaration of citizenship, and declaration of meeting all qualifications specified by this Constitution.

Stage 4: Candidates shall submit their petitions to the Election Committee no later than three (3) days following the close of the petitioning period.  Qualified signatories that choose to participate in the election process and wish to declare their sovereignty, shall contribute at a specified time, to the proper authority for verification, one (1), Republic of Texas Half Ounce of pure silver, authorized and minted by the Republic of Texas National Treasury.

The Election Committee shall count and review the signatures on every petition.  The Election Committee shall conduct random verification of the qualified signatures.  If a discrepancy is found then a full verification of the petition shall be conducted. If verifiable fraud is discovered during any verification process of qualified signatories, a penalty is forfeiture of any dishonored Republic of Texas Silver Half Ounce to the proper authority, but the party disqualified and (or)  any other party(ies) found responsible for any such verifiable fraud shall nevertheless be liable to indictment, trial, judgment and punishment in accordance with Natural Law.  After counting and review, the Election Committee shall declare the results of the election and all candidates shall have seven (7) days to contest the results of the election in which they are a candidate.  If, after seven (7) days the results are uncontested, the Election Committee shall forward the uncontested results to the General Assembly, the President, and the National Paper of Record for publication. After any contested results are verified to be valid, the Election Committee shall forward the verified results to the General Assembly, the President, and the National Paper of Record for publication.

GENERAL PROVISIONS.

SEC. 1. Resolutions shall be adopted to exclude from office, from the right of suffrage, and from serving on juries, those who shall hereafter be convicted of bribery, perjury, or certain other high crimes and misdemeanors as provided therein by said resolutions, but there shall be no blanket exclusion of all misdemeanors or felonies.

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 President and heads of Departments shall keep their offices at the seat of Government, unless removed by permission of the General Assembly, or unless, in cases of emergency in time of war, the public interest may require their removal.

SEC. 4. All free people who shall lawfully apply to emigrate to this Republic and who have continuously domiciled a minimum of six (6) months in the Republic of Texas; and, all native born Texian people or others born or present in Texas at the time of or subsequent to adoption of this Constitution who have lawfully domiciled in the Republic of Texas; and who have attained to a minimum age of twenty years; under due course of law provisions as enacted by this Constitution and as established by the General Assembly in pursuance thereof, and who shall, after a continual period of residence of six (6) months, make an oath, affirmation or asseveration - solemn declaration before some competent authority that they intend to remain permanently in the same, and shall swear, affirm or make solemn declaration to support in substance yearly, to the Republic of Texas, one (1), approved and authorized Republic of Texas Silver Half Ounce, and that they will support this Constitution and bear true loyalty, fidelity and faithfulness to the Republic of Texas, renouncing any and all other allegiances and citizenship(s) to any foreign government or entity, shall be entitled to Texian Citizenship and all the rights and privileges and duties appertaining.

Qualified signatories that choose to participate in the election process and wish to declare their sovereignty, shall contribute at a specified time, to the proper authority for verification, one (1), Republic of Texas Half Ounce of pure silver, authorized and minted by the Republic of Texas.

Every Texian who shall be elected or appointed to any office of trust or profit in this Republic shall declare that he or she is not a member of any secret society, nor a member of the B.A.R., and that he or she holds no title of nobility, and before entering on the duties thereof, shall take an oath or asseveration to support the Constitution of the Republic of Texas, and also an oath or asseveration of office.

The oath or asseveration to support the Constitution of the Republic of Texas shall state: "I, A. B., do solemnly swear [declare, or affirm, as the case may be] that, as an elected [or appointed] official, I will support the Constitution of the Republic of Texas, and that I will not propose or assent to any vote, decision or resolution which shall appear to me injurious to the people."

The oath or asseveration of office shall state: “I, A. B., [the official title], do solemnly and sincerely swear [declare, 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 of Texas."

Any elected or appointed official of the Republic who shall be found to have falsely sworn, affirmed or declared to any provision of this or any other oath or asseveration of office, or who shall be found to be in subsequent violation of any qualification, oath or declaration while holding said office, shall be liable to impeachment and (or) removal from office, and for punishment by due course of law.

SEC. 5. All inhabitants 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. 6. All people who were slaves previous to their emigration to Texas, shall be free upon arrival in the Republic.  The General Assembly shall pass no laws binding upon the sovereign People of Texas.  Any act of the General Assembly shall be binding only upon public servants of the Republic or upon foreign persons (natural or fictitious) not lawfully residing within our borders.

SEC. 7. All people, who were residing in Texas on the day of our Demand for Cessation of Hostilities and Occupation, and who do not claim foreign citizenship, shall be considered Citizens/Nationals of the Republic, and entitled to all the rights of such, save those of land ownership and suffrage, until such time as they shall formally declare their Texian Nationality pursuant to General Provisions Section 4.

No alien shall hold land in Texas, except by temporary non-allodial titles emanating directly from the Government of this Republic, as determined and approved in a manner hereafter to be pointed out by resolution by a two thirds majority vote of the General Assembly.  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 resolution of the General Assembly.  Orphan children, whose parents were entitled to land, 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/Nationals 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 lawfully authorized commissioner, 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 natural law of the land and this Constitution: Provided, That nothing herein contained shall prejudice the rights of any citizen from whom an inhabitant may hold land by rent or lease.

And whereas the present unsettled state of the country and the general welfare of the People demand it, a general land office shall be established, where all the land titles of the Republic shall be registered, 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 by valid titles.

SEC. 8. Any amendment or amendments to this Constitution, may be proposed to the General Assembly, and if the same shall be agreed to by three fourths of the members of the Assembly, such proposed amendment or amendments shall be entered on the journals, with the yeas and nays thereon, and referred to the Assembly then next to be chosen, and shall be published for three months previous to the election; and if the Assembly next chosen as aforesaid, shall pass said amendment or amendments by a vote of three fourths of all the members elected to the General Assembly, then it shall be the duty of said Assembly to submit such proposed amendment or amendments to the People, in such manner and at such times as the Assembly shall prescribe; and if the People shall approve and ratify such amendment or amendments by a three fourths majority of all counties of the Sovereign People of the elgible electors qualified to vote for members of the Assembly, voting thereon by a two thirds majority in each said ratifying county of the Republic of Texas, 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 four years.

SEC. 9. Notwithstanding the boundary limits established herein by this constitution or by any other provision of any past treaty negotiated between any other parties or foreign nations or by any other act of aggression, conquest or pretence whatever by such foreign nations or powers affecting the land or territorial interests of Texas or the former Tejas province, the Republic of Texas and its Sovereign people hereby explicitly reserve the common-law right to reclaim said land or territorial interests, or to negotiate by treaty with any other nation for the return of any such other territory or lands that may either properly belong to the Republic of Texas, or to regain by the right of inheritance or succession from Spain, France or Mexico any territory or lands of  the former province of Texas or Tejas properly belonging to the old Spanish or Mexican dominions that may have been unlawfully coerced to be given away or taken by any other foreign power under fraudulent conditions, intimidation or threats or acts of war and armed force, regardless of whether by treaty or not; such as but not limited to the disputed territory between the Arroyo Hondo, the Calcasieu and the Sabine Rivers known as the "Neutral Ground", or for any other sovereign Texas lands or territory that the government of the corporate United States may have unlawfully given away to  Mexico.  Upon either the implementation of the interim government, or, upon the institution of the constitutional convention and implementation of the permanent government by the Sovereign people in the Republic of Texas, any other adjacent County, State, Province or parts thereof either part of or not part of the original boundaries or territorial limits of Texas as defined in this constitution may also by free election or other lawful process of its inhabitants petition to be joined to the Republic of Texas, and upon approval by a two thirds majority vote special election of all counties of the Sovereign people of the eligible electors voting by simple majority in each county of the Republic of Texas, for  which a special election shall be scheduled at the time and mode prescribed by the Election Committee, and finally approved by the General Assembly, said territory, county, state or province shall be admitted as a part of the Republic of Texas.

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 Creator-endowed right not hereby declared, is reserved to the People, collectively and severally.  We further declare that government per se, has no rights other than what is ordained and delegated in this Constitution by the People and has no power thusly to grant or to take away any rights or privileges of the sovereign People, collectively or severally.

First. All men, when they form a social compact, have equal rights, and no man 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 an inalienable right to alter their government in such manner as they may think proper.

Third. No preference shall be given by law to any religious denomination or mode of worship over another, but every inhabitant shall be permitted to worship the Creator according to the dictates of his own conscience.

Fourth. Every Texian National shall be free 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 freedom of speech or of the press; and in all prosecutions for libels, the truth may be given in evidence, and the jury shall have the right and duty to determine the law and the facts, under natural (common) law.

Fifth. The Texian People shall be secure in their persons, houses, papers, and possessions, from all unreasonable searches or 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, affirmation or asseveration.

Sixth. In all criminal prosecutions the accused shall have the right of being heard, by himself, or through 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 prompt and public trial, by an impartial jury; he shall not be compelled to give evidence against himself, or be deprived of life, freedom, or property, but by due course of law. And no one shall be holden to answer for any criminal charge, but on presentment of indictment by a grand jury, except in the land of naval forces, or in the militia when in actual service in time of war or public danger, or in cases of impeachment. And no one shall be held or confined at any time without probable cause charges being brought within the timeframe prescribed by due course of law.

Seventh. No inhabitant living or unborn of Texas shall be deprived of rights, outlawed, exiled, or in any manner disfranchised, except by due course of the natural law of the land.

Eighth. No title of nobility, hereditary privileges or honors, shall ever be granted or conferred in this Republic. No Texian holding any office of profit or trust shall receive from any foreign state any title of nobility, compensation, office, or emolument, of any kind.

Ninth. No inhabitant of Texas, 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 Texian Nationals shall be bailable by sufficient security except for capital crimes, when the proof is evident or presumption strong; and the privilege of the writ of "habeas corpus" shall not be suspended.

Eleventh. Excessive bail shall not be required, nor excessive fines imposed, or cruel or unusual punishments inflicted. All courts shall be open, there shall be no “secret” or “martial law” courts or tribunals held anywhere in this Republic including those of the Supreme Court for admiralty, maritime or any other type of cases, 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 Texian shall be imprisoned for debt in consequence of inability to pay.

Thirteenth. No Texian’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 natural law.

Fourteenth. Every Texian National shall have the right to bear arms of whatever sort and type in defense of himself, his freedom and property, and the Republic.  No  misdemeanor or felony conviction shall permanently deprive any Texian National of his right to bear arms upon due completion of any sentence nor for any other type of involuntary commitment, arrest or confinement, upon subsequent release as prescribed by due course of law.

Fifteenth. The sure and certain defense of a free people is a well-regulated militia; and it shall be the duty of the General Assembly to enact such provisions consistent with the sovereign common-law rights of the Citizens’ various county militias as may be necessary to the organizing of the national militia of the Republic.  The military shall at all times and in all cases be subordinate to the civil power.

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 entailments 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 one thousand eight hundred and thirty-six, and of the Independence of the Republic, the first year. 

This same Constitution for the Republic of Texas was activated by the Delegates in Convention, as amended herein, at the town of  ______________________ on the ____________ day of _______________ in the year 2003.

In witness whereof, we have hereunto subscribed our names.