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Constitution of the State of Coahuila and Texas (1827)

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Spanish version

TITLE II.

EXECUTIVE POWER OF THE STATE.

SECTION I.

The Governor.

ART. 110. The governor of the state shall possess the following qualifications at the time of his election.

First,--He shall be a citizen in the exercise of his rights.

Second,--Born in the territory of the republic.

Third,--Have attained the age of thirty years.

Fourth,--An inhabitant of this state, having resided five years therein, two of which immediately preceding the election.

ART. 111. Ecclesiastics, military and other officers of the republic, in actual service thereof, cannot obtain the office of governor.

ART. 112. The governor of the state shall continue four years in the discharge of his office, and cannot be re-elected to the same office, except on the fourth year from having ceased in his functions.

ART. 113. The prerogatives of the governor, his attributes, and the restrictions of his powers, shall be as follows.

PREROGATIVES OF THE GOVERNOR.

First,--The governor may make observations upon the laws and decrees of congress in the manner and form prescribed by article 102, suspending their publication until said congress resolves thereon, unless in cases excepted by this constitution.

Second,--He may propose to congress such laws or amendments as he thinks conducive to the general good of the state.

Third,--He may pardon delinquents conformably to law.

Fourth,--The governor cannot be accused for any crime whatever committed during his term of office, and one year after, reckoned from the date whereon he ceased in his functions, except before congress, and after the expiration of that term, not even before congress.

ATTRIBUTES OF THE GOVERNOR.

First,--To take care that the internal order and tranquillity of the state be preserved, and of its safety without--for both objects disposing of the militia of said state, of which he shall be commander in chief throughout its territory.

Second,--See that the constitutive act, the federal and state constitutions, the laws decrees and orders of the general government, and of the congress of said state be fulfilled, issuing the proper orders and decrees for their execution.

Third,--Form, with the advice of the council, such instructions and regulations as he deems necessary for the better government of the departments of the public administration of the state, which he shall transmit to congress for approval.

Fourth,--Appoint agreeably to the constitution and laws, all the officers of state not chosen by the people, or as otherwise provided by law.

Fifth,--Freely appoint and remove the secretary of state.

Sixth,--See that justice be promptly and fully administered by the tribunals and courts of justice of the state, and that their decisions are executed.

Seventh,--Take care of the administration and collection of all the state rents, and decree their disposition according to law.

Eighth,--Suspend from office, as long as three months, and deprive of even one-half their salary for the same length of time, after hearing the advice of the council, all officers of the executive department, and of his appointment or approval on violating his orders of decrees, transmitting the data on the subject to the respective tribunal, should he think there is a proper ground of action.

Ninth,--Propose to the standing deputation, whenever he thinks proper after hearing the advice of the council, the convocation of congress to extra session.

RESTRICTIONS OF THE POWERS OF THE GOVERNOR.

The governor shall not have the power,--

First,--To command the civic militia of the state in person without the express consent of congress or during its recess, the resolution of the permanent deputation. Whenever he commands the said militia on the aforesaid condition, the vice governor shall discharge the duties of governor.

Second,--Interfere in the examination of causes pending, or dispose in any manner of the persons of those accused in criminal cases, during the trial.

Third,--To deprive any one of his liberty or impose punishment upon him, but when the well being and safety of the state require the arrest of any person, he may effect it on condition of putting the persons arrested, within forty-eight hours, at the disposal of a competent tribunal or judge.

Fourth,--Take possession of the property of any private individual or corporation, or disturb him in the possession, use, or benefit thereof, unless it should be necessary for a purpose of manifest public utility in the judgment of the executive council, in which case he may do so with the concurrence of the council, and approval of congress, and during the recess, of the permanent deputation, always indemnifying the party interested agreeably to the opinion of appraisers chosen by the executive and the said party.

Fifth,--Impede or embarrass in any manner, or under any pretence the popular elections determined by this constitution and the laws, or that they have their entire effect.

Sixth,--Leave the capitol to go to any other part of the state for a longer time than one month; should he require a longer time or should he be under the necessity of leaving the state, he shall request licence from congress, and during recess, from the permanent delegation.

ART. 114. For publishing the laws and decrees of the congress of the state the governor shall use the following form:

"The Governor of the State of Coahuila and Texas, to all the inhabitants thereof: Be it known, that the Congress of said State has decreed as follows:

(The original words of the law or decree to be here inserted.)

Wherefore I command it to be printed, published, and duly fulfilled."