The Southwestern Historical Quarterly, Volume 31, July 1927 - April, 1928 Page: 213
390 p. ; 23 cm.View a full description of this periodical.
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Framing the Constilution of the RIepublic of Texas 213
The Declaration of Rights contains nothing new and consists
substantially of what one can find attached to the constitution of
almost any state. Section one, declaring that all men when they
form a social compact have equal rights, is very similar to a pro-
vision found in the Alabama constitution.3 Section three, pro-
hibiting the state from showing preference to any religion is much
like the first clause of the third amendment to the Constitution
of the United States. Section six, guaranteeing jury trial and
containing the "due process of law" clause is quite similar to that
of Mississippi."4 It appears that the framers of this article had
before them a copy of the Constitution of the United States
and that of several of the southern and western states, and that
they gathered from each whatever gems of political philosophy
struck their fancy. But they rarely ever quote verbatim; at least
a word or two will be changed.
Article five is short and appears to ha.ve been sandwiched in
with little purpose. It forbids ministers of the gospel to hold
office in Texas and gives the oath that officers shall take.
Under the heading of "Schedule" a number of matters peculiar
to Texas are dealt with. It is provided that the laws in force
should continue until repealed unless they were at variance with
the terms of the constitution, and a plan is set forth for creating a
temporary government to serve until the voters can pass on the
constitution.
A number of items are grouped together under the heading
"General Provisions." It is stated that congress shall provide for
a system of education; provision is made for the naturalization of
persons who have been in the Republic for a period of six months;
persons who leave the country to escape military service shall
forfeit their lands; slaves shall remain as such, and congress shall
not emancipate them; free negroes are forbidden to reside in the
state; the importation of negro slaves except from the United
States is made piracy; each head of a family is to have a league
and a labor of land; and the land grant to John T. Mason and
certain other land grants heretofore noted are declared null and
void.
The constitution of the Republic of Texas has the virtue of
"Alabama, 1819, I, 1.
0"Mississippi, 1832, 1, 10.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 31, July 1927 - April, 1928, periodical, 1928; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101088/m1/231/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.