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of the militia, to which there is attached no annual salary, or the office of Justice of the Peace, shall not be deemed lucrative
26. No person who at any time may have been a Collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to ihe Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been entrusted.
27. Ministers of the Gospel, being by their profession dedicated to God. and the care of souls, ought not to be diverted from the great duties of their functions; therefore, no Minister of the Gospel or Priest of any denomination whatever, shall be eligible to the Legislature.
28. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.
29. The Legislature shall at their first meeting, and in the year one thousand eight hundred and forty-eight, and fifty, and every eight years thereafter, cause an enumeration to be made of all the free inhabitants (Indians not taxed, Africans and descendants of Africans excepled,) of the State, designating particularly, the number of qualified electors; and the whole number of Representatives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities or towns, according to the number of free population in each ; and shall not be less than forty-five, nor more than ninety.
30. Until the first enumeration and apportionment under this Con. stitution, the following shall be the apportionment of Representatives amongst the several counties, viz:
The county of Montgomery shall elect four Representatives; the counties of Red River, Harrison, Nacogdoches, Harris and Washington, shall elect three Representatives each; the counties of Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine, Liberty, Robertson, Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales and Bexar, two Representatives each; the counties of Jefferson, Jasper, Brazos, Milam, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio, Goliad, and San Patricio, one Representative each.
31. The whole number of Senators shall, at the next session after the several periods of making the enumeration, be fixed by the Legis. lature, and apportioned among the several districts to be established by law, according to the number of qualified electors, and shall never be less than nineteen, nor more than thirty-three.
32. Until the first enumeration, as provided for by this Constitution, the Senatorial districts shall be as follows, to wit: the counties of Fan. nin and Lamar, shall constitute the first district, and elect one Senator; the counties of Red River and Bowie, the second district, and elect one Senator ; the counties of Fannin, Lamar, Red River and Bowie, con. jointly, shall elect one Senator; the county of Harrison, the third dis. trict, shall elect one Senator; the counties of Nacogdoches, Rusk and Houston, the fourth district, shall elect two Senators; the counties of San Augustine and Shelby, the fifth district, shall elect one Senator; the counties of Sabine and Jasper, the sixth district, shall elect one Senator ; the counties of Liberty and Jefferson, the seventh district, shall elect one Senator ; the counties of Robertson and Brazos, the eighth district, shall elect one Senator ; the county of Montgomery, tho ninth district, shall elect one Senator; the county of Harris, the tenth district, shall elect one Senator; the county of Galveston, the eleventh district, shall elect one Senator; the counties of Brazoria and Mata. gorda, the twelfth district, shall elect one Senator ; the counties of Austin and Fort Bend, the thirteenth district, shall elect one Senator; the counties of Colorado and Fayette, the fourteenth district, shall elect one Senator; the counties of Bastrop and Travis, the fifteenth district, shall elect one Senator ; the counties of Washington and Milam, the sixteenth district, shall elect one Senator ; the counties of Victoria, Gonzales and Jackson, the seventeenth district, shall elect one Senator; the county of Bexar, the eighteenth district, shall elect one Senator ; and the counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect one Senator.
33. The first session of the Legislature, after the adoption of this Constitution by the Congress of the United States, shall be held at the City of Austin, the present seat of government, and thereafter, until the year one thousand eight hundred and fifty; after which period, the seat of government shall be permanently located by the people.
34. The members of the Legislature shall, at their first session, receive from the Treasury of the State, as their compensation, three dollars for each day they shall be in attendance on, and three dollars for every twenty-five miles travelling to and from the place of convening the Legislature.
35. In order to settle permanently the seat of government, an election shall be holden throughout the State, at the usual places of holding elections, on the first Monday in March, one thousand eight hundred and fifty, which shall be conducted according to law; at which time, the people shall vote for such place as they may see proper, for the seat of government. The returns of said election to be transmitted to the Governor by the first Monday in June: if either place voted for shall have a majority of the whole number of votes cast, then the same shall be the permanent seat of government until the year one thousand eight hundred and seventy, unless the State shall sooner be divided. But in case neither place voted for shall have the majority of the whole number of votes given in, then the Governor shall issue his proclama. tion for an election to be holden in the same manner, on the first Mon. day in October, one thousand eight hundred and fifty, between the two places having the highest number of votes at the first election. The election shall be conducted in the same manner as at the first, and the returns made to the Governor, and the place having the highest num. ber of votes shall be the seat of government for the time herein before provided
Judicial Department. 1. The judicial power of this State, shall be vested in one Supreme Court, in District Courts, and in such inferior courts as the Legislature may from time to time ordain and establish, and such jurisdiction may be vested in corporation courts, as may be deemed necessary, and be directed by law.
2. The Supreme Court shall consist of a Chief Justice and two Asso. ciates, any two of whom shall form a quorum.
3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State ; but in criminal cases, and in appeals from interlocutory judgments, with such exceptions and under such regulations as the Legislature shall make; and the Su. preme Court and Judges thereof, shall have power to issue the writ of habeas corpus, and under such regulations as may be prescribed by law, inay issue writs of mandamus, and such other writs as shall be necessary to enforce its own jurisdiction; and also compel a Judge of the District Court to proceed to trial and judgment in a cause; and the Supreme Court shall hold its sessions once every year, between the months of October and June inclusive, at no more thap three places in the State.
4. The Supreme Court shall appoint its own clerks, who shall hold their offices for four years, and be subject to removal by the said Court, for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law.
5. The Governor shall nominate, and by and with the advice and consent of two-thirds of the Senate, shall appoint the Judges of the Supreme and District Courts, and they shall hold their offices for six years.
6. The State shall be divided into convenient Judicial districts. For each district there shall be appointed a Judge, who shall reside in the same, and hold the Courts at one place in each county, and at least twice in each year, in such manner as may be prescribed by law.
7. The Judges of the Supreme Court shall receive a salary not less than two thousand dollars annually, and the Judges of the District Court a salary not less than seventeen hundred and fifty dollars annu. ally; and the salaries of the Judges shall not be increased or diminished during their continuance in office.
8. The Judges of the Supreme and District Courts, shall be removed by the Governor, on the address of two-thirds of each House of the Legislature, for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each House; and provided, further, that the cause or causes shall be notified to the Judges so intended to be removed; and he shall be admitted to a hearing in his own defence, before any vote for such ad. dress shall pass; and in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each House respectively.
9. All Judges of the Supreme and District Courts, shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and process, shall be “The State of Texas." All prosecutions shall be carried on“ in the name and by the authority of the State of Texas,” and conclude “ against the peace and dignity of the State.”
10. The District Court shall have original jurisdiction of all criminal cases, of all suits in behalf of the State to recover penalties, forfeitures and escheats, and of all cases of divorce, and of all suits, complaints and pleas whatever, without regard to any distinction between law and
equity, when the matter in controversy shall be valued at, or amount to, one hundred dollars, exclusive of interest; and the said Courts, or the Judges thercof, shall have power to issue all writs necessary to en. force their own jurisdiction, and give them a general superintendence and control over inferior jurisdictions. And in the trial of all criminal cases, the jury trying the same, shall find and assess the amount of punishment to be inflicted, or fine imposed; except in capital cases, and where the punishment or fine imposed shall be specifically imposed by law.
11. There shall be a Clerk of the District Courts for each county, who shall be elected by the qualified voters for members of the Legis. lature, and who shall hold his office for four years, subject to removal by information, or by presentment of a grand jury, and conviction of a petit jury. In case of vacancy, the Judge of the District shall have the power to appoint a Clerk until a regular election can be held.
12. The Governor shall nominate, and by and with the advice and consent of two-thirds of the Senate, appoint an Attorney General, who shall hold his office for two years; and there shall be elected by joint vote of both Houses of the Legislature, a District Attorney for each district, who shall hold his office for two years; and the duties, salaries and perquisites of the Attorney General, and District Attorneys, shall be prescribed by law.
13. There shall be appointed for each county, a convenient number of Justices of the Peace, one Sheriff, one Coroner, and a sufficient num. ber of Constables, who shall hold their offices for two years, to be elected by the qualified voters of the district or county as the Legislature may direct. Justices of the Peace, Sheriffs and Coroners, shall be commissioned by the Governor. The Sheriff shall not be eligible more than four years
six. 14. No Judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. When the Supreme Court, or any two of its members, shall be thus disqualified to hear and determine any cause or causes in said Court, or when no judg. ment can be rendered in any case or cases in said Court, by reason of the equal division of opinion of said Judges, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law, for the trial and deter. mination of said case or cases. When the Judges of the District Court are thus disqualified, the parties may, by consent, appoint a proper per. son to try the said case; and the Judges of the said Courts may exchange districts, or hold Courts for each other, when they may deem it expedi. ent, and shall do so when directed by law. The disqualifications of Judges of inferior tribunals shall be remedied as may hereafter be by law prescribed. *.15. Inferior tribunals shall be established in each county for appoint. ing guardians granting letters testamentary, and of administration ; for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates; and the District Courts shall have original and appellate jurisdiction, and gen. eral control over the said inferior tribunals, and original jurisdiction
and control over executors, administrators, guardians and minors, under such regulations as may be prescribed by law.
16. In the trial of all causes in equity in the District Court, the plain. tiff or defendant shalt, upon application made in open Court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law.
17. Justices of the Peace shall have such civil and criminal juris. diction as shall be provided for by law.
18. In all cases arising out of a contract, before any inferior judicial tribunal, when the amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application to the presiding officer, have the right of trial by jury.
19. In all cases where Justices of the Peace or other judicial officers of inferior tribunals shall have jurisdiction in the trial of causes where the penalty for the violation of a law is fine or imprisonment, (except in cases of contempt,) the accused shall have the right of trial by jury.
Executive Department. $1. The supreme executive power of this State, shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Texas.
2. The Governor shall be elected by the qualified electors of the State, at the time and places of elections for members of the Legislature.
3. The returns of every election for Governor, until otherwise provi. ded by law, shall be made out, sealed up, and transmitted to the Seat of Government, and directed to the Speaker of the House of Representatires, who shall, during the first week of the session of the Legislature, thereafter, open and publish them in the presence of both Houses of the Legislature; the person having the highest nuinber of votes, and being constitutionally eligible, shall be declared by the Speaker, under the direction of the Legislature, to be Governor ; but if iwo or more persons shall have the highest and an equal number of votes, one of them shall be immediately chosen Governor by joint vote of both Houses of the Legislature. Contested elections for Governor, shall be determined by both Houses of the Legislature.
4. The Governor shall hold his office for the term of two years from the regular time of installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a citizen of the United States, or a citizen of the State of Texas, at the time of the adoption of this Constitution, and shall have resided in the same three years immediately preceding his election.
5. He shall, at stated limes, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. The first Governor shall receive an annual salary of two thousand dollars, and no more.
6. The Governor shall be Commander-in-Chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.
7. He may require information, in writing from the officers of the