The short answer is, one is true and the other is not.
A copy of the entire 1845 Constitution of the State of Texas is available online from the Tarlton Law Library. The Tarlton website includes the text of the 1845 Constitution and scanned images of the original documents on the website, so examination is very easy.
First, the provision to divide the state into additional states is valid according to the section of the constitution titled, An Ordinance. This part of the document was the "counter offer" from the Congress of the United States back to the Republic of Texas as a condition for entry. There were three conditions listed with number three being …
Third. New States of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the federal constitution; and such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri compromise line, shall be admitted into the Union, with or without slavery, as the people of each State asking admission may desire; and in such State or States as shall be formed out of said territory north of said Missouri compromise line, slavery, or involuntary servitude, (except for crime,) shall be prohibited:"
The first condition concerned legal boundaries of the Republic and the second outlined the properties the Republic would relinquish to the United States upon entry. That confirmed one of the Texas facts.
There's really no reference to the Texas flag or U.S. flag.
U.S. Flag Code
Frequently, the Texas flag/U.S. flag fact says Texas is the only state that can fly their flag equal in height to the American flag, which is not accurate according to the U.S. Flag Code.
The U.S. Flag Code allows all states to fly their flags at the same height as the U.S. flag according to Section 7 (f).
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.
You’ll notice the bold text, no flag can fly above the U.S. flag, but all state flags can fly the same height if they are on adjacent poles of equal height. There are other sections of the Flag Code that address other situations with flags, but none contradict this section.
Even though the U.S. Flag Code wasn’t passed by Congress until 1942, it was codified in 1923 by the National Flag Conference, which met in Washington D.C. for that purpose. The final Flag Code was a composite of the various State Desecration flag laws in existence as early as 1897, meaning, flying a state flag at the same height as the U.S. flag was not a new concept in 1845.
Quote:
Originally Posted by epchick
#3 is sooo true! Also, El Paso is closer to a lot more non-Texas cities than it is to cities in Texas.
Is #14 actually true? I've heard that it is incorrect and that the Texas flag cannot fly at the same height as the U.S. flag.
|