10 Bernardo Gutiérrez de Lara’s Constitution of Texas
10 Bernardo Gutiérrez de Lara’s Constitution of Texas
In 1813, Bernardo Gutiérrez de Lara, a blacksmith from Revilla (now Guerrero) in the lower Rio Grande region, drafted a provisional constitution of Texas. This was part of a broader revolution against Spanish colonial rule across the Americas.
THE CONSTITUTION OF TEXAS APRIL 17, 1813
1. The province of Texas shall henceforth be known only as the State of Texas, forming part of the Mexican Republic, to which it remains inviolably joined.
2. Our Holy Religion will remain unchanged in the way it is now established, and the laws will be duly executed unless they are expressly and publicly revoked or altered in the manner herein prescribed.
3. Private property and possessions will be inviolable, and will never be taken for public use except in urgent cases of necessity, in which instances the proprietor will be duly recompensed.
4. From today henceforward personal liberty will be held sacred. No man will be arrested for any crime without a formal accusation made in the proper form under oath being first presented. No man will be placed before the Tribunal without first having been examined by the witnesses. Neither will any man be deprived of life without having been heard completely [in court], an exception being made from this rule during the time of the present War in the case of criminals of the Republic, whose punishments will be decided by the junta in accord with the Governor in order to assure the firmness of an Establishment and to protect the people.
5. The Governor selected by the Junta will be Commander-in- Chief of the military forces of the State, but he will undertake no campaign personally without having received the order of the Junta. In such a case, the Governor will provide the necessary means for maintaining the obligations of Government during his absence. Also under his charge will be the establishment of laws pertaining to the organization of the Army, the naming of military officials, and the ratifying of the commissions and ranks of those already employed. He shall be entrusted with the defense of the Country, foreign relations, execution of the laws, and preservation of order. He will have a right to one secretary, two aides-de-camp, three clerks for the Spanish language, and one for English.
6. The salaries of the Governor and the other Civil and Military officials will be fixed as promptly as possible and will be assured by law.
7. There shall be a Treasurer whose function shall be to receive and to preserve intact the Public Funds, keeping them at the disposal of the Government.
8. The City of San Fernando (now in San Antonio) will be the seat of government and the residence of all public officials. It will be governed by two mayors and four District Commissioners selected by the Junta.
9. The Cabildo will be entrusted with the policing of the interior of the city, and will have all the authority necessary to fulfill its purpose. The mayors shall each have power to jud