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"Second. All political power is inherent in the People, and all free governments are founded on their authority, and insti. tuted 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 person shall be permitted to worship God according to the dictates of his own conscience.

"Fourth. Every citizen shall be at liberty 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 liberty 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 to determine the law and fact, under the direction of the

court.

"Fifth. The People shall be secure in their persons, houses, papers and possessions, from all unreasonable searches or seiz. ures, 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 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 favor. 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 im peachment.

"Seventh. No citizen shall be deprived of privileges, outlaw. ed, exiled, or in any manner disfranchised, except by due course of the law of the land.

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Eighth. No title of nobility, hereditary privileges or honors, 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 limbs. 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 case of rebellion or invasion 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 lands, goods, person, or reputation, shall have remedy by duc 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 organizing 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 thirty-six, and of the Independence of the Republic the first year.

"In witness whereof, we have hereunto subscribed our names. RICHARD ELLIS,

President and Delegate from Red River.

ALBERT H. S. KIMBLE, Secretary.

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William Menifee,

James Powers,

John Fisher,
Matthew Caldwell,
William Motley,
Lorenzo de Zavala,
George W. Smyth,
Stephen H. Everett,
Elijah Stepp,
Claiborne West,
William B. Scates,
M. B. Menard,
A. B. Hardin,
John W. Bunton,
Thomas J. Gazley,
R. M. Coleman,
Sterling C. Robertson,
George C. Childress,
Baily Hardiman,
Robert Potter,
Charles Taylor,
John S. Roberts,
Robert Hamilton,
Collin McKinney,

A. H. Latimore,

Sam. Houston,
Edward Conrad,
Martin Palmer,
James Gaines,

William Clark, Jun.,
Sydney C. Pennington,
Samuel P. Carson,
Thomas J. Rusk,
William C. Crawford,
John Turner,

Benjamin Briggs Goodrich,
James G. Swisher,
George W. Barnet,
Jesse Grimes,
E. O. Legrand,
David Thomas,
S. Rhoads Fisher,
John W. Bower,
J. B. Woods,

A. Briscoe,

Thomas Barnett,
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,

Secretary of the Convention."

CHAPTER X.

Review of the condition and prospects of the country at the time of declaring independence-military affairs resumed-volunteers from the United States--Col. Johnson marches for the Rio Grande-is surprised and defeated-Santa Anna with an army of eight thousand men invades Texas-unprepared state of the country-the Alamo besieged by Santa Anna-heroic defence of Travis-fall of the_Alamo-operations at GoliadCapt. Holland's account-Fanning and his army surrender as prisoners of war, and are massacred by order of Santa

Anna.

SINCE the first provisional government went into operation, and especially since the surrender of the Alamo, the last Mexican post in the country, Texas had been, de facto, an independent state. She had, however, hitherto acknowledged a qualifi ed dependence upon the federal government of Mexico-such as the states of this union owe to the general government; and this dependence, so far from seeking to throw off, she had faithfully observed, and indeed, striven to maintain, until the authority to which it was due, no longer existed even in name.

The people of Texas had now put forth their pretensions to the rank of an independent nation, and published them to the world in solemn form, not from vain pride, but from stern necessity. We shall not pause here to enquire into their right. The enquiry cannot be necessary, since the measure was forced upon them; or if indeed there was an alternative presented to them, and rejected with becoming scorn; the people of Texas will never be reproached for having rejected such an alternative, by any faithful citizen of the United States; to him it must appear that the motive was imperative. Had the measure been adopted a few months earlier, in the midst of the confidence inspired by the astonishing success which had crowned the efforts of a few armed citizens, it might have been pronounced a mere ebullition of pride, from which she would shrink in the day of trial, when threatened with real dangers, or overtaken by adverse fortune; but never, in the eyes of the world, was Texas further from independence, than at the moment which was chosen to proclaim it. It was done in face of the chief, whose right was disputed, surrounded by a force which had been pronounced

sufficient to crush the country at a blow. A chief whose military career had hitherto been attended with unvaried success; whose repeated victories had acquired him the reputation of the ablest general of the age, of the appellation-" Napoleon of the south." However men may differ in opinion about the right, or the expediency of a declaration of independence by the people of Texas; all must respect the courage which called it forth in face of the dangers which surrounded them.

We have here anticipated in some degree, the events of the second campaign. This seemed to be necessary in order to bring down our history of the civil affairs of the country to an important epoch, as well as to avoid a too frequent interruption of the narrative. We will now return to the military affairs of the country, which were left at the surrender of San Antonio.

This event having closed the campaign, the Texian citizens of whom the volunteer army was mostly composed, returned to their homes, and the forts of San Antonio and Goliad were left to be garrisoned by the volunteers coming in from the United States. During the months of December and January, probably not less than a thousand young men arrived in Texas from the United States. Direct appeals had been made to their sympathies, by various addresses from the Texian authorities at home, and from their agents in the United States. But the best and most effectual appeal, was the simple fact, that their brethren were doing battle in the cause of liberty, against fearful odds.

Much has been said of the character of Texian volunteers, too - much indeed, by those who know little of the men, and still less of the motive that led them to the field. It was an impulse that finds a response only in kindred bosoms. The generosity that withholds nothing, but pours out its blood like the mountain stream, in the cause of the oppressed, can be little understood by him who withholds all, and whose sympathies flow only for the oppressor. There are those who envy La Fayette the fame ac quired by a like sacrifice, to whom nature has denied the courage to imitate his example; and there are those who envy him only for the accidents of birth and fortune, which he sacrificed in such a cause. The former were never found among the Texian vol. unteers, and the latter will condemn all who were, and scoff at the generous impulse which led them there.

Finding that the enemy had been already driven from the country, and no certain intelligence that he was about to return, and finding also that their support would be a heavy burthen to the people, many of the volunteers, and especially those who were unprovided with means for their own support, returned to the United States before the opening of the campaign. Those who remained were, a portion of them, scattered through the country

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