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Chapter_393-427.xml
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<body>
<pb n="393" ed="gammelslawsoftexas" /><pb ed="unknown" n="1" />
<div1 type="article">
<head type="main">CONSTITUTION <lb/>OF <lb/>THE STATE OF TEXAS <lb/>ADOPTED BY THE <lb/>CONSTITUTIONAL CONVENTION</head>
<byline>CONVENED UNDER THE RECONSTRUCTION ACTS OF CONGRESS, PASSED MARCH 2, 1867, AND THE ACTS SUPPLEMENTARY THERETO.</byline>
<figure xml:id="fig1">
<graphic url="images/0393_001.jpg"/>
</figure>
<byline>AUSTIN 1871</byline>
<pb n="394" ed="gammelslawsoftexas" /><pb ed="unknown" n="2" />
<pb n="395" ed="gammelslawsoftexas" /><pb ed="unknown" n="3" />
<head type="sub">CONSTITUTION OF THE STATE OF TEXAS.</head>
<div2 type="act">
<head type="main">PREAMBLE.</head>
<p>W<smcap>E</smcap>,<smcap> THE PEOPLE OF</smcap> T<smcap>EXAS</smcap>, acknowledging with gratitude the grace of God, in permitting us to make a choice of our form of government, do hereby ordain and establish this Constitution:</p>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> I. BILL OF RIGHTS.</head>
<p>That the heresies of nullification and secession, which brought the country to grief, may be eliminated from future political dis<pc force="weak">-</pc><lb break="no" />cussion; that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to us and our posterity, We declare that:</p>
<p>S<smcap>ECTION</smcap> 1. The Constitution of the United States; and the laws and treaties made, and to be made, in pursuance thereof, are acknowledged to be the supreme law; that this Constitution is framed in harmony with and in subordination thereto; and that the fundamental principles embodied herein can only be changed, subject to the national authority.</p>
<p>S<smcap>EC</smcap>. 2. All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges.</p>
<p>S<smcap>EC</smcap>. 3. No religious test shall be required as a qualification to any office of public trust in this State.</p>
<p>S<smcap>EC</smcap>. 4. All men have a natural and indefeasable right to wor<pc force="weak">-</pc><lb break="no" />ship God according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No <pb n="396" ed="gammelslawsoftexas" /><pb ed="unknown" n="4" /><fw type="header" place="top">Constitution of the State of Texas.</fw> human authority ought, in any case whatever, to control, or inter<pc force="weak">-</pc><lb break="no" />fere with the rights of conscience in matters of religion; and no preference shall ever be given, by law, to any religious societies or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect every religious de<pc force="weak">-</pc><lb break="no" />nomination in the peaceable enjoyment of their own mode of public worship.</p>
<p>S<smcap>EC</smcap>. 5. Every citizen shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.</p>
<p>S<smcap>EC</smcap>. 6. In prosecutions for the publication of papers, inves<pc force="weak">-</pc><lb break="no" />tigating the official conduct of officers, or of men in a public capacity, or when the matter published is proper for public infor<pc force="weak">-</pc><lb break="no" />mation, the truth thereof may be given in evidence; and in all prosecutions for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases.</p>
<p>S<smcap>EC</smcap>. 7. The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures or searches; and no warrant to search any place, or to seize any person or thing, shall issue, without describing such place, person or thing as near as may be, nor without probable cause, supported by oath or affirmation.</p>
<p>S<smcap>EC</smcap>. 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury. He shall not be com<pc force="weak">-</pc><lb break="no" />pelled to give evidence against himself. He shall have the right of being heard by himself, or by counsel, or both; shall be con<pc force="weak">-</pc><lb break="no" />fronted with the witnesses against him, and shall have compul<pc force="weak">-</pc><lb break="no" />sory process for obtaining witnesses in his favor; and no person shall be holden to answer for any criminal charge, but on indict<pc force="weak">-</pc><lb break="no" />ment or information, except in cases arising in the land or naval forces or offenses against the laws regulating the militia.</p>
<p>S<smcap>EC</smcap>. 9. All prisoners shall be bailable upon sufficient sureties, unless for capital offenses, when the proof is evident; but this pro<pc force="weak">-</pc><lb break="no" />vision shall not be so construed as to prohibit bail after indict<pc force="weak">-</pc><lb break="no" />ment found, upon an examination of the evidence by a judge of the Supreme or District Court, upon the return of the writ of habeas corpus, returnable in the county where the offense is com<pc force="weak">-</pc><lb break="no" />mitted.</p>
<p>S<smcap>EC</smcap>. 10. The privileges of the writ of habeas corpus shall not be suspended, except by act of the Legislature, in case of rebellion or invasion, when the public safety may require it.</p>
<p>S<smcap>EC</smcap>. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishment inflicted. All courts shall be open, and every person, for an injury done him in<pb n="397" ed="gammelslawsoftexas" /><pb ed="unknown" n="5" /> <fw type="header" place="top">Constitution of the State of Texas.</fw> his lands, goods, person or reputation, shall have remedy by due course of law.</p>
<p>S<smcap>EC</smcap>. 12. No person, for the same offense, shall be twice put in jeopardy of life; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty; and the right of trial by jury shall remain inviolate.</p>
<p>S<smcap>EC</smcap>. 13. Every person shall have the right to keep and bear arms, in the lawful defense of himself or the State, tinder such regulations as the Legislature may prescribe.</p>
<p>S<smcap>EC</smcap>. 14. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made; and no person’s property shall be taken, or applied to public use without just compensation being made, unless by the consent of such person; nor shall any law be passed depriving a party of any remedy for the enforcement of a contract, which existed when the contract was made.</p>
<p>S<smcap>EC</smcap>. 15. No person shall ever be imprisoned for debt.</p>
<p>S<smcap>EC</smcap>. 16. No citizen of this State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.</p>
<p>S<smcap>EC</smcap>. 17. The military shall at all times be subordinate to the civil authority.</p>
<p>S<smcap>EC</smcap>. 18. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; nor shall the law of primogeniture or entailments ever be in force in this State.</p>
<p>S<smcap>EC</smcap>. 19. The people shall have the right, in a peaceable man<pc force="weak">-</pc><lb break="no" />ner, to assemble together for their common good; and to apply to those invested with powers of government for redress of grievances, or other purposes, by petition, address or remonstrance.</p>
<p>S<smcap>EC</smcap>. 20. No power of suspending laws in the State shall be exercised, except by the Legislature or its authority.</p>
<p>S<smcap>EC</smcap>. 21. The equality of all persons before the law is herein recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity, nor be ex<pc force="weak">-</pc><lb break="no" />empted from any burden or duty, on account of race, color or previous condition.</p>
<p>S<smcap>EC</smcap>. 22. Importations of persons under the name of “coolies,” or any other name or designation, or the adoption of any system of peonage, whereby the helpless and unfortunate may be reduced to practical bondage, shall never be authorized or tolerated by the laws of this State; and neither slavery nor involuntary servi<pc force="weak">-</pc><lb break="no" />tude, except as a punishment for crime, whereof the party shall have been duly convicted, shall ever exist in this State.</p>
<p>S<smcap>EC</smcap>. 23. To guard against transgressions of the high powers herein delegated, we declare that everything in this Bill of Rights<pb n="398" ed="gammelslawsoftexas" /><pb ed="unknown" n="6" /><fw type="header" place="top">Constitution of the State of Texas.</fw> is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or to the following provisions, shall be void.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> II. DIVISION OF THE POWERS OF THE GOVERNMENT.</head>
<p>S<smcap>ECTION</smcap> 1. The powers of the government of the State of Texas shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to-wit: those which are Legislative to one, those which are Executive to another, and those which are judicial to another; and no person, or col<pc force="weak">-</pc><lb break="no" />lection of persons, being of one of those departments, shall exer<pc force="weak">-</pc><lb break="no" />cise any power, properly attached to either of the others, except in the instances herein expressly permitted.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> III. LEGISLATIVE DEPARTMENT.</head>
<p>S<smcap>ECTION</smcap> 1. Every male person who shall have attained the age of twenty-one years, and who shal be (or who shall have declared his intention to become) a citizen of the United States, or who is, at the time of the acceptance of this Constitution by the Congress of the United States, a citizen of Texas, and shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, and is duly registered, (Indians not taxed excepted,) shall be deemed a qualified elector; and should such qualified elector happen to be in any other county, situated in the district in which he resides, at the time of an election, he shall be permitted to vote for any district officer; provided, that the qualified electors shall be permitted to vote anywhere in the State for State officers; and pro<pc force="weak">-</pc><lb break="no" />vided further, that no soldier, seaman, or marine, in the army or navy of the United States, shall be entitled to vote at any elec<pc force="weak">-</pc><lb break="no" />tion created by this Constitution.</p>
<p>S<smcap>EC</smcap>. 2. Electors in all cases shall be privileged from arrest during their attendance at elections, and in going to and return<pc force="weak">-</pc><lb break="no" />ing from the same, except in cases of treason, felony, or breach of the peace.</p>
<p>S<smcap>EC</smcap>. 3. The legislative power of the State shall be vested in two distinct branches: the one to be styled the Senate, and the other the House of Representatives; and both together the “Leg<pc force="weak">-</pc><lb break="no" />islature of the State of Texas.” The style of the laws shall be: “Be it enacted by the Legislature of the State of Texas.”</p>
<pb n="399" ed="gammelslawsoftexas" /><pb ed="unknown" n="7" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of general election; and the sessions of the Legislature shall be annual, at such times as shall be prescribed by law.</p>
<p>S<smcap>EC</smcap>. 5. No person shall be a Representative unless he be a citi<pc force="weak">-</pc><lb break="no" />zen of the United States, and shall have been a citizen of this State two years next preceding his election, and the last year there<pc force="weak">-</pc><lb break="no" />of a citizen of the county, city, or town from which he shall be chosen, and shall have attained the age of twenty-one years, at the time of his election.</p>
<p>S<smcap>EC</smcap>. 6. All elections for State, district, and county officers shall be held at the county seats of the several counties, until other<pc force="weak">-</pc><lb break="no" />wise provided by law; and the polls shall be opened for four days, from eight o’clock A. M. until four o’clock P. M. of each day.</p>
<p>S<smcap>EC</smcap>. 7. The House of Representatives shall consist of ninety members, and no more.</p>
<p>S<smcap>EC</smcap>. 8. The Senators shall be chosen by the qualified electors, hereafter, for the term of six years. Those elected at the first election shall be divided by lot into three classes, as nearly equal as can be. The seats of Senators of the first class shall be vacated at the expiration of the first two years; and of the second class, at the expiration of four years; and the third class, at the ex<pc force="weak">-</pc><lb break="no" />piration of six years; so that one-third thereof shall be chosen bi<pc force="weak">-</pc><lb break="no" />ennially thereafter.</p>
<p>S<smcap>EC</smcap>. 9. Such mode of classifying new additional Senators shall be observed as will, as nearly as possible, preserve an equality of number in each class.</p>
<p>S<smcap>EC</smcap>. 10. The Senate shall consist of thirty Senators and no more.</p>
<p>S<smcap>EC</smcap>. 11. A new apportionment for Representative and Sen<pc force="weak">-</pc><lb break="no" />atorial districts shall be made by the first Legislature in session after the official publication of the United States census every ten years.</p>
<p>S<smcap>EC</smcap>. 12. When a Senatorial district shall be composed of two or more counties, it shall not be separated by any county belong<pc force="weak">-</pc><lb break="no" />ing to another district.</p>
<p>S<smcap>EC</smcap>. 13. No person shall be a Senator unless he be a citizen of the United States, and shall have been a citizen of this State three years next preceding the election, and the last year thereof a resi<pc force="weak">-</pc><lb break="no" />dent of the district for which he shall be chosen, and have attained the age of twenty-five years.</p>
<p>S<smcap>EC</smcap>. 14. No person shall be eligible to any office, State, county or municipal, who is not a registered voter in the State.</p>
<p>S<smcap>EC</smcap>. 15. The House of Representatives, when assembled, shall elect a Speaker and its other officers; and the Senate shall choose<pb n="400" ed="gammelslawsoftexas" /><pb ed="unknown" n="8" /><fw type="header" place="top">Constitution of the State of Texas.</fw>a President for the time being, and its other officers. Each House shall judge of the elections and qualifications of its own members; but contested elections shall be determined in such manner as shall be directed by law. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as each House may provide.</p>
<p>S<smcap>EC</smcap>. 16. Each house may determine the rules of its own pro<pc force="weak">-</pc><lb break="no" />ceedings, punish members for disorderly conduct, and with the consent of two-thirds, expel a member.</p>
<p>S<smcap>EC</smcap>. 17. Each. House shall keep a journal of its own proceed<pc force="weak">-</pc><lb break="no" />ings, and publish the same; and the yeas and nays of the mem<pc force="weak">-</pc><lb break="no" />bers of either House, on any question, shall at the desire of any three members present, be entered upon the journals.</p>
<p>S<smcap>EC</smcap>. 18. Any member of either House shall have liberty to dis<pc force="weak">-</pc><lb break="no" />sent from, or protest against any act or resolution which he may think injurious to the public or an individual, and have the rea<pc force="weak">-</pc><lb break="no" />sons for dissent entered on the journals.</p>
<p>S<smcap>EC</smcap>. 19. When vacancies happen in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill such vacancies, the return<pc force="weak">-</pc><lb break="no" />ing officer for the district or county shall be authorized to order an election for that purpose.</p>
<p>S<smcap>EC</smcap>. 20. Senators and Representatives shall, in all cases, ex<pc force="weak">-</pc><lb break="no" />cept in treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty-five miles, such member may reside from the place at which the Leg<pc force="weak">-</pc><lb break="no" />islature is convened.</p>
<p>S<smcap>EC</smcap>. 21. Each House, during session, may punish by imprison<pc force="weak">-</pc><lb break="no" />ment any person not a member, for disrespectful or disorderly con<pc force="weak">-</pc><lb break="no" />duct in its presence, or for obstructing any of its proceedings; pro<pc force="weak">-</pc><lb break="no" />vided, such imprisonment shall not at any one time exceed forty<pc force="weak">-</pc><lb break="no" />eight hours.</p>
<p>S<smcap>EC</smcap>. 22. The doors of each House shall be kept open, except upon a call of either House, and when there is an executive session of the Senate.</p>
<p>S<smcap>EC</smcap>. 23. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting, without the concurrence of both Houses.</p>
<p>S<smcap>EC</smcap>. 24. Bills may originate in either House and be amended, altered or rejected by the other; but no bill shall have the force of a law until on three several days it be read in each House, and free discussion be allowed thereon, unless in case of great emerg<pc force="weak">-</pc><lb break="no" /><pb n="401" ed="gammelslawsoftexas" /><pb ed="unknown" n="9" /><fw type="header" place="top">Constitution of the State of Texas.</fw>ency four-fifths of the House, in which the bill shall be pending, may deem it expedient to dispense with this rule; and every bill having passed both Houses shall be signed by the Speaker and President of their respective Houses; provided, that the final vote on all bills or joint resolutions appropriating money or lands for any purpose shall be by the yeas and nays.</p>
<p>S<smcap>EC</smcap>. 25. The Legislature shall not authorize by private or special law, the sale or conveyance of any real estate belonging to any person, or vacate or alter any road laid out by legal authority, or any street in any city or village, or in any recorded town plat, but shall provide for the same by general laws.</p>
<p>S<smcap>EC</smcap>. 26. After a bill or resolution has been rejected by either branch of the Legislature, no bill or resolution, containing the same substance, shall be passed into a law during the same ses<pc force="weak">-</pc><lb break="no" />sion.</p>
<p>S<smcap>EC</smcap>. 27. The Legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets.</p>
<p>S<smcap>EC</smcap>. 28. Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be in<pc force="weak">-</pc><lb break="no" />creased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall be made.</p>
<p>S<smcap>EC</smcap>. 29. No Senator or Representative shall, while a member of the Legislature, be eligible to any civil office of profit under this State which shall have been created, or the emoluments of which may have been increased, during such term; except it be in such cases as are herein provided. The President, for the time be<pc force="weak">-</pc><lb break="no" />ing, of the Senate, and Speaker of the House of Representatives, shall be elected from their respective bodies.</p>
<p>S<smcap>EC</smcap>. 30. No judge of any court of law or equity, Secretary of State, Attorney General, clerk of any court of record, sheriff or collector, or any person holding a lucrative office under the United States, or this State, or any foreign government, shall be eligible to the Legislature; nor shall at the same time hold or ex<pc force="weak">-</pc><lb break="no" />ercise any two offices, agencies or appointments of trust or profit under this State: provided, that offices of militia to which there is attached no annual salary, the office of postmaster, notary pub<pc force="weak">-</pc><lb break="no" />lic, and the office of justice of the peace, shall not be deemed lucrative; and that one person may hold two or more county offices, if so provided by the Legislature.</p>
<p>S<smcap>EC</smcap>. 31. 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 the 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 collection, and for all public moneys with which he may have been entrusted.</p>
<pb n="402" ed="gammelslawsoftexas" /><pb ed="unknown" n="10" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 32. It shall be the duty of the Legislature immediately to expel from the body any member who shall receive or offer a bribe, or suffer his vote influenced by promise of preferment or reward; and every person so offending, and so expelled, shall thereafter be disabled from holding any office of honor, trust or profit in this State.</p>
<p>S<smcap>EC</smcap>. 33. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.</p>
<p>S<smcap>EC</smcap>. 34. The whole number of Senators shall, at the next session after the several periods of making the enumeration, be fixed by the Legislature, and apportioned among the several dis<pc force="weak">-</pc><lb break="no" />tricts to be established by law, according to the number of quali<pc force="weak">-</pc><lb break="no" />fied electors, and shall never be less than nineteen nor more than thirty.</p>
<p>S<smcap>EC</smcap>. 35. The members of the Legislature shall, at their first session hereafter, receive from the treasury of the State, as their compensation, eight dollars for each day they shall be in attend<pc force="weak">-</pc><lb break="no" />ance, and eight dollars for each twenty-five miles in traveling to and from the seat of government. The above rates of compensa<pc force="weak">-</pc><lb break="no" />tion shall remain till changed by law.</p>
<p>S<smcap>EC</smcap>. 36. The Legislature shall proceed, as early as practicable, to elect Senators to represent this State in the Senate of the United States; and also provide for future elections of Repre<pc force="weak">-</pc><lb break="no" />sentatives to the Congress of the United States; and on the sec<pc force="weak">-</pc><lb break="no" />ond Tuesday, after the first assembling of the Legislature after the ratification of this Constitution, the Legislature shall proceed to ratify the thirteenth and fourteenth Articles of Amendment to the Constitution of the United States of America.</p>
<p>S<smcap>EC</smcap>. 37. In order to settle permanently the seat of government, an election shall be holden, throughout the State, at the usual places of holding elections, at the first general election after the acceptance of this Constitution by the Congress of the United States, 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 with the other returns of that election.</p>
<p>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. But in case neither place voted for shall have the majority of the whole number of votes given in, the Governor shall issue his proclamation for an election, to be holden in the same manner, at the next following general election, between the two places having the highest number of votes at the first election. This election shall be conducted in the same manner as at the first, and the returns made to the Governor, and the place having the<pb n="403" ed="gammelslawsoftexas" /><pb ed="unknown" n="11" /><fw type="header" place="top">Constitution of the State of Texas.</fw>highest number of votes shall be the permanent seat of govern<pc force="weak">-</pc><lb break="no" />ment.</p>
<p>S<smcap>EC</smcap>. 38. The first Legislature shall pass such laws as will au<pc force="weak">-</pc><lb break="no" />thorize the clerks of the district court and the justices of the peace of the several counties to issue executions after the ad<pc force="weak">-</pc><lb break="no" />journment of each term of their respective courts, against the plaintiff or defendant for all costs created by them in any suit or suits therein.</p>
<p>S<smcap>EC</smcap>. 39. Until otherwise provided by law, the Senatorial and Representative districts shall be composed of the following counties.</p>
<p>First District—Chambers, Jefferson, Orange, Liberty, Hardin, Newton, Jasper, Tyler and Polk counties.</p>
<p>Second District—Trinity, Angelina, San Augustine, Sabine, Nacogdoches and Shelby counties.</p>
<p>Third District—Houston and Cherokee counties.</p>
<p>Fourth District—Anderson, Henderson and Van Zandt counties.</p>
<p>Fifth District—Rusk and Panola counties.</p>
<p>Sixth District—Smith and Upshur counties.</p>
<p>Seventh District—Harrison county.</p>
<p>Eighth District—Marion, Davis and Bowie counties.</p>
<p>Ninth District—Titus and Red River counties.</p>
<p>Tenth District—Wood, Hopkins and Hunt counties.</p>
<p>Eleventh District—Lamar and Fannin counties.</p>
<p>Twelfth District—Galveston, Brazoria and Matagorda counties.</p>
<p>Thirteenth District—Wharton, Fort Bend and Austin counties.</p>
<p>Fourteenth District—Harris and Montgomery counties.</p>
<p>Fifteenth District—Walker, Grimes and Madison counties.</p>
<p>Sixteenth District—Washington county.</p>
<p>Seventeenth District—Burleson, Brazos and Milam counties.</p>
<p>Eighteenth District—Robertson, Leon and Freestone counties.</p>
<p>Nineteenth District—McLennan, Limestone and Falls counties.</p>
<p>Twentieth District—Hill, Navarro, Ellis and Kaufman coun<pc force="weak">-</pc><lb break="no" />ties.</p>
<p>Twenty-first District—Dallas, Collin and Tarrant counties.</p>
<p>Twenty-second District—Grayson, Cook, Denton, Wise, Monta<pc force="weak">-</pc><lb break="no" />gue, Jack, Clay, Young, Wichita, Throckmorton, Baylor, Wilbar<pc force="weak">-</pc><lb break="no" />ger, Haskell, Knox and Hardeman counties.</p>
<p>Twenty-third District—Bosque, Johnson, Hood, Parker, Erath, Palo Pinto, Eastland, Stephens, Callahan, Jones, Shackleford and Taylor counties.</p>
<p>Twenty-fourth District—Calhoun, Jackson, Victoria, Rufugio, San Patricio, Bee, Goliad and De Witt counties.</p>
<p>Twenty-fifth District—Lavaca and Colorado counties.</p>
<p>Twenty-Sixth District—Fayette and Bastrop counties.</p>
<pb n="404" ed="gammelslawsoftexas" /><pb ed="unknown" n="12" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>Twenty-seventh District—Gonzales, Guadalupe and Caldwell counties.</p>
<p>Twenty-eighth District—Hays, Travis, Williamson, Bell, Coryell, Lampasas, San Saba, Hamilton, Comanche, Brown, Cole<pc force="weak">-</pc><lb break="no" />man, Concho and McCulloch counties.</p>
<p>Twenty-ninth District—Bexar, Wilson, Comal, Kendall, Blanco, Burnett, Llano, Mason, Gillespie, Kerr, Bandera, Edwards, Kim<pc force="weak">-</pc><lb break="no" />ball and Menard counties.</p>
<p>Thirtieth District—Cameron, Hidalgo, Starr, Nueces, Duval, Zapata, Live Oak, McMullen, Encinal, Lasalle, Webb, Dimmitt, Maverick, Zavalla, Frio, Atascosa, Karnes, Kinney, Uvalde, Me<pc force="weak">-</pc><lb break="no" />dina, Presidio and El Paso counties.</p>
<p>S<smcap>EC</smcap>. 40. The Senators and Representatives shall be apportioned among the several Senatorial and Representative Districts as fol<pc force="weak">-</pc><lb break="no" />lows, to-wit:</p>
<p>First District—One Senator and three Representatives.</p>
<p>Second District—One Senator and three Representatives.</p>
<p>Third District—One Senator and three Representatives.</p>
<p>Fourth District—One Senator and three Representatives.</p>
<p>Fifth District—One Senator and three Representatives.</p>
<p>Sixth District—One Senator and three Representatives.</p>
<p>Seventh District—One Senator and two Representatives.</p>
<p>Eighth District—One Senator and three Representatives.</p>
<p>Ninth District—One Senator and three Representatives.</p>
<p>Tenth District—One Senator and three Representatives.</p>
<p>Eleventh District—One Senator and three Representatives.</p>
<p>Twelfth District—One Senator and three Representatives.</p>
<p>Thirteenth District—One senator and three Representatives.</p>
<p>Fourteenth District—One Senator and three Representatives.</p>
<p>Fifteenth District—One Senator and three Representatives.</p>
<p>Sixteenth District—One Senator and two Representatives.</p>
<p>Seventeenth District—One Senator and three Representatives.</p>
<p>Eighteenth District—One Senator and three Representatives.</p>
<p>Nineteenth District—One Senator and three Representatives.</p>
<p>Twentieth District—One Senator and three Representatives.</p>
<p>Twenty-first District—One Senator and three Representatives.</p>
<p>Twenty-second District—One Senator and three Representa<pc force="weak">-</pc><lb break="no" />tives.</p>
<p>Twenty-third District—One Senator and three Representatives.</p>
<p>Twenty-fourth District—One Senator and three Representatives.</p>
<p>Twenty-fifth District—One Senator and three Representatives.</p>
<p>Twenty-sixth District—One Senator and three Representatives.</p>
<p>Twenty-Seventh District—One Senator and three Representa<pc force="weak">-</pc><lb break="no" />tives.</p>
<p>Twenty-eighth District—One Senator and four Representatives.</p>
<p>Twenty-ninth District—One Senator and four Representatives.</p>
<pb n="405" ed="gammelslawsoftexas" /><pb ed="unknown" n="13" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>Thirtieth District—One Senator and three Representatives.</p>
<p>S<smcap>EC</smcap>. 41. In the several Senatorial and Representative Districts, composed of more counties than one, the Chief Justice of the fol<pc force="weak">-</pc><lb break="no" />lowing named counties shall receive the returns, and give certi<pc force="weak">-</pc><lb break="no" />ficates of election to the persons respectively receiving the highest number of votes, to-wit:</p>
<p>First District—Chief Justice of Liberty county.</p>
<p>Second District—Chief Justice of Nacogdoches county.</p>
<p>Third District—Chief Justice of Cherokee county.</p>
<p>Fourth District—Chief Justice of Anderson county.</p>
<p>Fifth District—Chief Justice of Rusk county.</p>
<p>Sixth District—Chief Justice of Smith county.</p>
<p>Seventh District—Chief Justice of Harrison county.</p>
<p>Eighth District—Chief Justice of Marion county.</p>
<p>Ninth District—Chief Justice of Red River county.</p>
<p>Tenth District—Chief Justice of Hopkins county.</p>
<p>Eleventh District—Chief Justice of Lamar county.</p>
<p>Twelfth District—Chief Justice of Galveston county.</p>
<p>Thirteenth District—Chief Justice of Fort Bend county.</p>
<p>Fourteenth District—Chief Justice of Harris county.</p>
<p>Fifteenth District—Chief Justice of Grimes county.</p>
<p>Sixteenth District—Chief Justice of Washington county.</p>
<p>Seventeenth District—Chief Justice of Burleson county.</p>
<p>Eighteenth District—Chief Justice of Robertson county.</p>
<p>Nineteenth District—Chief Justice of McLennan county.</p>
<p>Twentieth District—Chief Justice of Navarro county.</p>
<p>Twenty-first District—Chief Justice of Dallas county.</p>
<p>Twenty-second District—Chief Justice of Grayson county.</p>
<p>Twenty-third District—Chief Justice of Bosque county.</p>
<p>Twenty-fourth District—Chief Justice of Victoria county.</p>
<p>Twenty-fifth District—Chief Justice of Colorado county.</p>
<p>Twenty-sixth District—Chief Justice of Fayette county.</p>
<p>Twenty-seventh District—Chief Justice of Gonzales county.</p>
<p>Twenty-eighth District—Chief Justice of Travis county.</p>
<p>Twenty-ninth District—Chief Justice of Bexar county.</p>
<p>Thirtieth District—Chief Justice of Nueces county.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> IV. EXECUTIVE DEPARTMENT.</head>
<p>S<smcap>ECTION</smcap> 1. The Executive Department of the State shall con<pc force="weak">-</pc><lb break="no" />sist of a Chief Magistrate who shall be styled the Governor, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office, Attorney General and Superintendent of Public Instruction.</p>
<pb n="406" ed="gammelslawsoftexas" /><pb ed="unknown" n="14" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 2. The Governor shall be elected by the qualified voters of the State, at the time and places at which they shall vote for Rep<pc force="weak">-</pc><lb break="no" />resentatives to the Legislature.</p>
<p>S<smcap>EC</smcap>. 3. The returns for every election of Governor shall be made out, sealed up, and transmitted by the returning officers to the seat of Government, directed to the Speaker of the House of Representatives, 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 number of votes and being constitutionally eligible, shall be de<pc force="weak">-</pc><lb break="no" />clared by the Speaker, under the direction of the Legislature, to be Governor; but if two or more persons shall have the highest and an equal number of votes, one of them shall be forthwith chosen Gov<pc force="weak">-</pc><lb break="no" />ernor, by a joint vote of both Houses of the Legislature. When<pc force="weak">-</pc><lb break="no" />ever there shall be a contested election for the office of Governor, or of any of the Executive officers to be elected by the qualified voters of the State, it shall be determined by the joint action of both houses of the Legislature.</p>
<p>S<smcap>EC</smcap>. 4. The Governor shall hold his office for the term of four years from the time of his installment, and until his succes<pc force="weak">-</pc><lb break="no" />sor shall be duly qualified. He shall be at least thirty years of age, a citizen of the United States, and shall have been a resident and citizen of the State of Texas for three years immediately pre<pc force="weak">-</pc><lb break="no" />ceding his election. He shall be inaugurated on the first Thurs<pc force="weak">-</pc><lb break="no" />day after the organization of the Legislature, or as soon there<pc force="weak">-</pc><lb break="no" />after as practicable.</p>
<p>S<smcap>EC</smcap>. 5. The Governor shall, at stated times, receive a com<pc force="weak">-</pc><lb break="no" />pensation for his services, which shall not be increased nor dimin<pc force="weak">-</pc><lb break="no" />ished during the term for which he may have been elected. His annual salary shall be five thousand dollars, until otherwise pro<pc force="weak">-</pc><lb break="no" />vided by law, exclusive of the use and occupation of the Governor’s Mansion, fixtures and furniture.</p>
<p>S<smcap>EC</smcap>. 6. He shall be Commander-in-Chief of the militia of the State, except when they are called into the actual service of the United States.</p>
<p>S<smcap>EC</smcap>. 7. He may, at all times, require information in writing, from all the officers of the Executive Department, on any subject relating to the duties of their offices. If a vacancy occurs in any of the executive offices, by death, resignation or removal, or from any other cause, during the recess of the Legislature, the Governor shall have power, by appointment, to fill such vacancy; which appoint<pc force="weak">-</pc><lb break="no" />ment shall continue in force till the succeeding session of the Legislature, when he shall communicate such appointment to the Senate for confirmation, or rejection. If it be confirmed by the Senate the tenure of office shall continue until the regular return of the periodic election of said office.</p>
<pb n="407" ed="gammelslawsoftexas" /><pb ed="unknown" n="15" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 8. He shall have power by proclamation, on extraordinary occasions, to convene the Legislature at the seat of government; but if the prevalence of dangerous disease, or the presence of the public enemy there, shall render it necessary, then at any other place within the State he may deem expedient.</p>
<p>S<smcap>EC</smcap>. 9. He shall, from time to time, give to the Legislature information, in writing, of the condition of the State, and recom<pc force="weak">-</pc><lb break="no" />mend to their consideration such measures as he may deem ex<pc force="weak">-</pc><lb break="no" />pedient.</p>
<p>S<smcap>EC</smcap>. 10. He shall take care that the laws be faithfully ex<pc force="weak">-</pc><lb break="no" />ecuted.</p>
<p>S<smcap>EC</smcap>. 11. In all criminal cases, except treason and impeach<pc force="weak">-</pc><lb break="no" />ment, he shall have power, after conviction, to grant reprieves and pardons; and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. With the advice and consent of the Senate, he may grant pardons in cases of treason; and, to this end, he may respite a sentence therefor until the close of the succeeding session of the Legislature; provided, that in all cases of remission of fines or forfeitures, or grants of reprieve or pardon, the Governor shall file, in the office of the Secretary of State, his reasons therefor.</p>
<p>S<smcap>EC</smcap>. 12. Nominations to fill vacancies occurring in the recess of the Legislature, shall be made by the Governor during the first ten days of its session; and should any such nomination be re<pc force="weak">-</pc><lb break="no" />jected, the same person shall not again be nominated, during the session, to fill the same office.</p>
<p>S<smcap>EC</smcap>. 13. During the sessions of the Legislature, the Governor shall reside where its sessions are held; and at all other times at the capital, except when, in the opinion of the Legislature, the public good may otherwise require.</p>
<p>S<smcap>EC</smcap>. 14. No person, holding the office of Governor, shall hold any other office or commission, civil or military.</p>
<p>S<smcap>EC</smcap>. 15. At the time of the election of a Governor, there shall also be elected by the qualified voters of the State, a Lieutenant Governor, possessing the same qualifications as the Governor, and who shall continue in office for the same period of time. He shall, by virtue of his office, be President of Senate; and shall have, when in committee of the whole, the right to debate and vote on all questions; and when the Senate is equally divided, to give the casting vote. In case of the death, resignation, removal from of<pc force="weak">-</pc><lb break="no" />fice, inability, or refusal of the Governor to serve, or of his im<pc force="weak">-</pc><lb break="no" />peachment or absence from the State, the Lieutenant Governor shall exercise the powers and authority appertaining to the office of Governor, until another be chosen at the periodical election, and be duly qualified; or until the Governor, impeached, absent or dis<pc force="weak">-</pc><lb break="no" />abled, shall be acquitted, returned, or his disability be removed.</p>
<pb n="408" ed="gammelslawsoftexas" /><pb ed="unknown" n="16" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 16. Whenever the Lieutenant Governor shall become the acting Governor, or shall be unable to preside over the Senate, that body shall elect from its own members a President for the time being. If during the vacancy in the office of Governor, the Lieutenant Governor shall die, resign, refuse to serve, be removed from office, or be unable to serve; or if he be impeached, or absent from the State, the President of the Senate for the time being shall, in like manner, administer the government until he shall be superseded by a Governor or Lieutenant Governor. The com<pc force="weak">-</pc><lb break="no" />pensation of the Lieutenant Governor shall be twice the per diem or pay of a Senator, and no more; and, while acting Governor, the same compensation as a Governor would receive for a like period of service, in his office, and no more. The President of the Senate, for the time being, if called upon to administer the government in any of the contingencies enumerated, shall be entitled to the por<pc force="weak">-</pc><lb break="no" />tion of the salary of the Governor due for the time of such service. If the Lieutenant Governor, while acting Governor by succession, shall die resign, or be absent from the State, during the recess of the Legislature, it shall be the duty of the Secretary of State to convene the Senate for the purpose of choosing a President of the Senate for the time being.</p>
<p>S<smcap>EC</smcap>. 17. There shall be a Secretary of State appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in office during the term of service of the Governor elect. He shall keep a fair register of all official acts and proceed<pc force="weak">-</pc><lb break="no" />ings of the Governor, and shall, when required, lay the same, with all papers, minutes and vouchers relative thereto, before the Leg<pc force="weak">-</pc><lb break="no" />islature, or either House thereof, and shall perform such other duties as may be required of him by law.</p>
<p>S<smcap>EC</smcap>. 18. There shall be a seal of the State, which shall be kept by the Governor and used by him officially. The seal shall be a star of five points, encircled by an olive and live oak branches, and the words, “The State of Texas.”</p>
<p>S<smcap>EC</smcap>. 19. All commissions shall be in the name and by the au<pc force="weak">-</pc><lb break="no" />thority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State.</p>
<p>S<smcap>EC</smcap>. 20. There shall be a Comptroller of Public Accounts, elected by the qualified voters of the State, at the same time and in the same manner as the Governor is elected, and having the same qualifications, who shall hold his office for the term of four years. He shall superintend the fiscal affairs of the State; give instructions to the assessors and collectors of the taxes; settle with them for taxes; take charge of all escheated property; keep an ac<pc force="weak">-</pc><lb break="no" />curate account of all moneys paid into the treasury and of all lands escheated to the State; publish annually a list of delinquent asses<pc force="weak">-</pc><lb break="no" />sors and collectors, and demand of them an annual list of all<pb n="409" ed="gammelslawsoftexas" /><pb ed="unknown" n="17" /><fw type="header" place="top">Constitution of the State of Texas.</fw>tax payers in their respective counties, to be filed in his office; keep all the accounts of the State; audit all the claims against the State; draw warrants upon the treasury in favor of the public creditors, and perform such other duties as may be prescribed by law.</p>
<p>S<smcap>EC</smcap>. 21. There shall be a Treasurer of the State, elected at the same time of the election of Governor, having the same quali<pc force="weak">-</pc><lb break="no" />fications as the Governor and Comptroller of Public Accounts, who shall hold his office for the same period of time. He shall re<pc force="weak">-</pc><lb break="no" />ceive and take charge of all public money paid into the treasury; in the same manner as the Governor, Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts; pay off the public creditors upon the warrant of the Comp<pc force="weak">-</pc><lb break="no" />troller of Public Accounts, and perform all such other duties as may be prescribed by law.</p>
<p>S<smcap>EC</smcap>. 22. A Commissioner of the General Land Office shall be elected by the qualified voters of the State at the same time and in the same manner as the Governor, Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts and Treasurer may be elected, who shall hold his office for a like period of time, and shall possess the same qualifications. He shall be the custodian of the archives of the land titles of the State; the register of all land titles hereafter granted, and shall perform such other duties as may be required by law.</p>
<p>S<smcap>EC</smcap>. 23. There shall be an Attorney General of the State, hav<pc force="weak">-</pc><lb break="no" />ing the same qualifications as the Governor, Lieutenant Governor, Comptroller of Public Accounts and Treasurer, who shall be ap<pc force="weak">-</pc><lb break="no" />pointed by the Governor, with the advice and consent of the Sen<pc force="weak">-</pc><lb break="no" />ate. He shall hold his office for the term of four years. He shall reside at the capital of the State during his term of office. He shall represent the interests of the State in all suits or pleas in the Supreme Court in which the State may be a party; superintend, in<pc force="weak">-</pc><lb break="no" />struct and direct the official action of the district attorneys so as to secure all fines and forfeitures, all escheated estates, and all public moneys to be collected by suit; and he shall, when neces<pc force="weak">-</pc><lb break="no" />sary, give legal advice in writing to all officers of the government, and perform such other duties as may be required by law.</p>
<p>S<smcap>EC</smcap>. 24. The Secretary of State, Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts, Treasurer, Commissioner of the General Land Office and Attorney General, shall each receive for his services the annual salary of three thousand dollars; and which shall neither be in<pc force="weak">-</pc><lb break="no" />creased nor diminished during his continuance in office.</p>
<p>S<smcap>EC</smcap>. 25. Every bill, which shall have passed both Houses of the Legislature, shall be presented to the Governor for his approval. If he approve, he shall sign, it but if he disapprove it, he shall re<pc force="weak">-</pc><lb break="no" />turn it, with his objections to that House in which it originated; which House shall enter the objection at large upon the journals of the House, and proceed to reconsider it. If, after such recon<pc force="weak">-</pc><lb break="no" /><pb n="410" ed="gammelslawsoftexas" /><pb ed="unknown" n="18" /><fw type="header" place="top">Constitution of the State of Texas.</fw>sideration, two-thirds of the members present shall agree to pass the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered. If approved by two-thirds of the members present of that House, it shall become a law; but, in such cases both Houses shall determine the question by yeas and nays, with the names of the members respectively entered upon the journals of each House. If a bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall become a law in like manner as if he had signed it. Every bill presented to the Governor one day before the final adjournment of the two Houses, and not signed by him, shall become a law, and shall have the same force and effect as if signed by him. The Governor may approve any ap<pc force="weak">-</pc><lb break="no" />propriation and disapprove any other appropriation in the same bill, by signing the bill, and designating the appropriation disap<pc force="weak">-</pc><lb break="no" />proved and sending a copy of such appropriation, with his objec<pc force="weak">-</pc><lb break="no" />tions, to the House in which it originated; and the same proceed<pc force="weak">-</pc><lb break="no" />ings shall be had, on that part disapproved, as on other bills dis<pc force="weak">-</pc><lb break="no" />approved by him; but if the Legislature shall have adjourned be<pc force="weak">-</pc><lb break="no" />fore it is returned, he shall return it, with his objections, to the Secretary of State, to be submitted to both Houses at the succeed<pc force="weak">-</pc><lb break="no" />ing session of the Legislature.</p>
<p>S<smcap>EC</smcap>. 26. Every order, resolution, or vote, in which the concur<pc force="weak">-</pc><lb break="no" />rence of both Houses shall be required, except the question of adjournment, shall be presented to the Governor, and must be approved by him before it can take effect; or being disapproved, shall be re-passed in the manner prescribed in the case of a bill.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> V. JUDICIAL DEPARTMENT.</head>
<p>S<smcap>ECTION</smcap> 1. The Judicial power of this State shall be vested in the Supreme Court, in District Courts, and in such inferior courts and magistrates as may be created by this Constitution, or by the Legislature under its authority. The Legislature may establish criminal courts in the principal cities within the State, with such criminal jurisdiction, co-extensive with the limits of the county wherein such city may be situated, and under such regulations as may be prescribed by law; and the Judge thereof may preside over the courts of one or more cities, as the Legislature may direct.</p>
<p>S<smcap>EC</smcap>. 2. The Supreme Court shall consist of three judges any two of whom shall constitute a quorum. They shall be appointed by the Governor, by and with the advice and consent of the Sen<pc force="weak">-</pc><lb break="no" />ate, for a term of nine years. But the judges first appointed under this Constitution, shall be so classified by lot, that the term of one<pb n="411" ed="gammelslawsoftexas" /><pb ed="unknown" n="19" /><fw type="header" place="top">Constitution of the State of Texas.</fw>of them shall expire at the end of every three years. The judge whose term shall soonest expire shall be the presiding judge. All vacancies shall be filled for the unexpired term. If a vacancy shall occur, or a term shall expire, when the Senate is not in session, the Governor shall fill the same by appointment, which shall be sent to the Senate within ten days after that body shall assemble, and, if not confirmed, the office shall immediately become vacant.</p>
<p>S<smcap>EC</smcap>. 3. The Supreme Court shall have appellate jurisdiction only, which, in civil causes, shall be co-extensive with the limits of the State. In criminal causes no appeal shall be allowed to the Supreme Court unless some judge thereof shall, upon inspecting a transcript of the record, believe that some error of law has been committed by the judge before whom the cause was tried; provid<pc force="weak">-</pc><lb break="no" />ed, that said transcript of the record shall be presented within sixty days from the date of the trial, under such rules and regula<pc force="weak">-</pc><lb break="no" />tions as shall be prescribed by the Legislature. Appeals from in<pc force="weak">-</pc><lb break="no" />terlocutory judgments may be allowed, with such exceptions and under such regulations as the Legislature may prescribe. The Supreme Court and the judges thereof, shall have power to issue the writ of habeas corpus; and under such regulations as may be prescribed by law, may issue the writ of mandamus, and such other writs as may be necessary to enforce its own jurisdiction. The Supreme Court shall also have power to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction.</p>
<p>S<smcap>EC</smcap>. 4. The Supreme Court shall hold its sessions annually at the capital of the State.</p>
<p>S<smcap>EC</smcap>. 5. The Supreme Court shall appoint its own clerk, who shall hold his office for four years, unless sooner removed by the court for good cause, entered of record on the minutes of the court. The said clerk shall give bond in such manner as is now, or may hereafter be required by law.</p>
<p>S<smcap>EC</smcap>. 6. The State shall be divided into convenient judicial dis<pc force="weak">-</pc><lb break="no" />tricts, for each of which one judge shall be appointed by the Gov<pc force="weak">-</pc><lb break="no" />ernor, by and with the advice and consent of the Senate, for a term of eight years, who shall, after his appointment, reside within the district, and shall hold a court three times a year in each county thereof, at such time and place as may be prescribed by law; pro<pc force="weak">-</pc><lb break="no" />vided, that at the first general election after the 4th of July, 1876, the question shall be put to the people, whether the mode of elec<pc force="weak">-</pc><lb break="no" />tion of judge of the Supreme and District Courts shall not be re<pc force="weak">-</pc><lb break="no" />turned to.</p>
<p>S<smcap>EC</smcap>. 7. The District Court shall have original jurisdiction of all criminal cases; of all causes in behalf of the State to recover penalties, forfeitures and escheats; and of all suits and cases in which the State may be interested; of all cases of divorce; of all suits to recover damages for slander or defamation of character;<pb n="412" ed="gammelslawsoftexas" /><pb ed="unknown" n="20" /><fw type="header" place="top">Constitution of the State of Texas.</fw>of all suits for the trial of title to land; of all suits for the enforce<pc force="weak">-</pc><lb break="no" />ment of liens; 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, and the judges thereof, shall have power to issue the writ of habeas corpus, and all other writs necessary to enforce their own jurisdiction, and to give them a general superintendence and control over inferior tribunals. The District Court shall also have appellate jurisdic<pc force="weak">-</pc><lb break="no" />tion in cases originating in inferior courts, with such exceptions, and under such regulations, as the Legislature may prescribe. And the District Court shall also have original and exclusive jurisdic<pc force="weak">-</pc><lb break="no" />tion for the probate of wills; for the appointing of guardians; for the granting of letters testamentary and of administration; for settling the accounts of executors, administrators and guardians; and for the transaction of all business appertaining to the estates of deceased persons, minors, idiots, lunatics, and persons of un<pc force="weak">-</pc><lb break="no" />sound mind; and for the settlement, partition and distribution of such estates, under such rules and regulations as may be pre<pc force="weak">-</pc><lb break="no" />scribed by law.</p>
<p>S<smcap>EC</smcap>. 8. In the trial of all criminal cases the jury trying the same shall find and assess the amount of punishment to be inflict<pc force="weak">-</pc><lb break="no" />ed, or fine to be imposed, except in cases where the punishment of fine shall be specifically imposed by law; provided, that in all cases where by law it may be provided that capital punishment may be inflicted, the jury shall have the right, in their own discretion, to substitute imprisonment to hard labor for life.</p>
<p>S<smcap>EC</smcap>. 9. A clerk of the District Court for each county shall be elected by the qualified electors in each county, who shall hold his office for four years, subject to removal by the judge of said court for cause spread upon the minutes of the court. The said clerk shall exercise such powers, and perform such duties, apper<pc force="weak">-</pc><lb break="no" />taining to the estates of deceased persons, lunatics, idiots, minors, and persons of unsound mind, in vacation as may be prescribed by law; provided, that all contested issues of law or fact shall be determined by the District Court. And the clerk of the district court shall be recorder for the county of all deeds, bonds and other instruments required by law to be recorded, and also ex officio clerk of the police or county court; and by virtue of his office shall have control of the records, papers, and books of the district and county or police court, and shall generally perform the duties heretofore required of county and district clerks.</p>
<p>S<smcap>EC</smcap>. 10. The judges of the Supreme and District Courts shall be removed by the Governor, on the address of two-thirds of the members elected to each House of the Legislature, for incom<pc force="weak">-</pc><lb break="no" />pentency, neglect of duty, or other reasonable causes, which are<pb n="413" ed="gammelslawsoftexas" /><pb ed="unknown" n="21" /><fw type="header" place="top">Constitution of the State of Texas.</fw>not 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 defense, before any vote for such address shall pass. And in all such cases the vote shall be taken by yeas and nays, and entered in the journals of each House respectively.</p>
<p>S<smcap>EC</smcap>. 11. 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 case. When the Supreme Court, or a quorum thereof, shall be thus disqualified to hear and determine 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 determination of said case or cases. When a Judge of the District Court is thus disqualified, the parties may, by consent, appoint a proper person to try the case, and upon their failing to do so, the case shall be transferred for trial to the county in the adjoining district, whose county seat is nearest to that of the county where the case is pending. District Judges may exchange districts or hold courts for each other, when they may deem it expedient and shall do so when directed by law; and when the District Judge is disqualified to try any case, or cases, within his district, the Governor of the State, on such facts being certified to him, may appoint some person, learned in the law, to try such case or cases, who shall receive such compensation, as may be given by law. The disqualification of judges of inferior tribunals shall be remedied as prescribed by law.</p>
<p>S<smcap>EC</smcap>. 12. There shall be a District Attorney elected by the qual<pc force="weak">-</pc><lb break="no" />ified voters of each Judicial District who shall hold his office for four years; and the duties, salaries and perquisites of District At<pc force="weak">-</pc><lb break="no" />torney shall be prescribed by law.</p>
<p>S<smcap>EC</smcap>. 13. The Judges of the Supreme Court shall receive a salary of not less than four thousand five hundred dollars annually, and the Judges of the District Court, a salary not less than three thousand five hundred dollars annually. And the salaries of the judges shall not be diminished during their continuance in office.</p>
<p>S<smcap>EC</smcap>. 14. When a vacancy shall occur in the office of Judge of the District Court, at a time when the Senate is not in session, the Governor shall fill the same by appointment, which shall be sent to the Senate, within ten days after that body shall assemble; and if not confirmed, the office shall immediately become vacant.</p>
<pb n="414" ed="gammelslawsoftexas" /><pb ed="unknown" n="22" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 15. The 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.”</p>
<p>S<smcap>EC</smcap>. 16. In all cases of law or equity, when the matter in con<pc force="weak">-</pc><lb break="no" />troversy shall be valued at or exceed ten dollars, the right of trial by jury shall be preserved, unless the same shall be waived by the parties or their attorneys, except in cases where a defendant may fail to appear and answer, within the time prescribed by law, and the cause of action is liquidated and proved by an instrument in writing.</p>
<p>S<smcap>EC</smcap>. 17. Every criminal offense that may by law be punished by death, or in the discretion of the jury by imprisonment to hard labor for life, and every offense that may by law be punished by imprisonment in the State penitentiary, shall be deemed a felony, and. shall only be tried upon an indictment found by a grand jury. But all offenses of a less grade than a felony, may be prosecuted upon complaint, under oath, by any peace officer or citizen, before any justice of the peace or other inferior tribunal, that may be established by law; and the party so prosecuted shall have the right of trial by a jury, to be summoned in such manner as may be pre<pc force="weak">-</pc><lb break="no" />scribed by law.</p>
<p>S<smcap>EC</smcap>. 18. One sheriff for each county shall be elected by the qualified voters thereof who shall hold his office for four years, subject to removal by the judge of the district court for said county for cause spread upon the minutes of the court. Process against the sheriff, and all such writs as by reason of interest in the suit, or connection with the parties, or for other cause, the sheriff is in<pc force="weak">-</pc><lb break="no" />competent to execute, shall issue to and be executed by any consta<pc force="weak">-</pc><lb break="no" />ble in the county.</p>
<p>S<smcap>EC</smcap>. 19. There shall be elected in each county, by the quali<pc force="weak">-</pc><lb break="no" />fied voters thereof, as may be directed by law, five justices of the peace, one of whom shall reside, after his election, at the county seat; and not more than one of said justices shall be a resident of the same justice’s precinct. They shall hold their offices for four years, should a vacancy occur in either of said offices an election shall be held for the unexpired term.</p>
<p>S<smcap>EC</smcap>. 20. Justices of the peace shall have such civil and crimi<pc force="weak">-</pc><lb break="no" />nal jurisdiction as shall be provided by law. And the justices of the peace in each county, or any three of them, shall constitute a court, having such jurisdiction, similar to that heretofore exercised by county commissioners and police courts, as may be prescribed by law. And when sitting as such court the justice who resides at the county seat shall be the presiding justice. The times and man<pc force="weak">-</pc><lb break="no" /><pb n="415" ed="gammelslawsoftexas" /><pb ed="unknown" n="23" /><fw type="header" place="top">Constitution of the State of Texas.</fw>ner of holding said courts shall be prescribed by law. Justices of the peace shall also be commissioned to act as notaries public. Justices of the peace shall also discharge all the duties of coroner, except such as by section twenty-one of this article are devolved upon constables.</p>
<p>S<smcap>EC</smcap>. 21. Each county shall be divided into five justices’ pre<pc force="weak">-</pc><lb break="no" />cincts; and the justices of the peace in each county, sitting as a county court, shall appoint one constable for each justice’s pre<pc force="weak">-</pc><lb break="no" />cinct, who shall hold his office for four years, subject to removal by said court for cause spread upon the minutes of the court; and said constables, or either of them, in addition to the ordinary duties of their office, shall discharge the duties of sheriff in all cases as heretofore devolved those duties upon the coroner.</p>
<p>S<smcap>EC</smcap>. 22. Sheriffs and justices of the peace shall be commis<pc force="weak">-</pc><lb break="no" />sioned by the Governor.</p>
<p>S<smcap>EC</smcap>. 23. Sheriffs, district clerks and justices of the peace, when acting as such, and when acting as a county court, shall receive such fees or other compensation as may be provided for by law.</p>
<p>S<smcap>EC</smcap>. 24. All county and district officers, whose removals are not otherwise provided for, may be removed, on conviction by a jury, after indictment, for malfeasance, nonfeasance, or misfeasance in office.</p>
<p>S<smcap>EC</smcap>. 25. In all cases arising out of a contract, before any in<pc force="weak">-</pc><lb break="no" />ferior 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.</p>
<p>S<smcap>EC</smcap>. 26. In the trial of all causes in the district court, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed by law.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> VI. RIGHT OF SUFFRAGE.</head>
<p>S<smcap>ECTION</smcap> 1. Every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under disabilities named in this Constitution, without distinction of race, color or former condition, who shall be a resident of this State at the time of the adoption of this Constitution, or who shall thereafter reside in this State one year, and in the county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now, or hereafter may be elected by the people, and upon all questions submitted to the electors at any election; provided, that no person shall be allowed to vote, or hold office, who is now, or hereafter may be disqualified therefor, by the Con<pc force="weak">-</pc><lb break="no" /><pb n="416" ed="gammelslawsoftexas" /><pb ed="unknown" n="24" /><fw type="header" place="top">Constitution of the State of Texas.</fw>stitution of the United States, until such disqualification shall be removed by the Congress of the United States; provided, further, that no person, while kept in any asylum, or confined in prison, or who has been convicted of a felony, or who is of unsound mind, shall be allowed to vote or hold office.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> VII. MILITIA.</head>
<p>S<smcap>ECTION</smcap> 1. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrection and repel invasions.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> VIII. IMPEACHMENT.</head>
<p>S<smcap>ECTION</smcap> 1. The power of impeachment shall be vested in the House of Representatives.</p>
<p>S<smcap>EC</smcap>. 2. Impeachment of the Governor, Attorney General, Sec<pc force="weak">-</pc><lb break="no" />retary of State, Treasurer, Comptroller, and of the judges of the district courts, shall be tried by the Senate.</p>
<p>S<smcap>EC</smcap>. 3. Impeachment of Judges of the Supreme Court shall be tried by the Senate. When sitting as a Court of Impeachment, the Senators shall be upon oath, or affirmation; and no person shall be convicted without the concurrence of two-thirds of the Senators present.</p>
<p>S<smcap>EC</smcap>. 4. Judgment, in cases of impeachment, shall extend only to removal from office, and disqualification from holding any office of honor, trust, or profit, under this State; but the parties con<pc force="weak">-</pc><lb break="no" />victed shall, nevertheless, be subject to indictment, trial and pun<pc force="weak">-</pc><lb break="no" />ishment, according to law.</p>
<p>S<smcap>EC</smcap>. 5. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of the duties of their office, during the pendency of such impeachment. The ap<pc force="weak">-</pc><lb break="no" />pointing power may make a provisional appointment to fill the va<pc force="weak">-</pc><lb break="no" />cancy occasioned by the suspension of an officer, until the decision on the impeachment.</p>
<p>S<smcap>EC</smcap>. 6. The Legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by in<pc force="weak">-</pc><lb break="no" />dictment or otherwise.</p>
</div3>
<pb n="417" ed="gammelslawsoftexas" /><pb ed="unknown" n="25" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> IX. PUBLIC SCHOOLS.</head>
<p>S<smcap>ECTION</smcap> 1. It shall be the duty of the Legislature of this State, to make suitable provisions for the support and maintenance of a system of public free schools, for the gratuitous instruction of all the inhabitants of this State, between the ages of six and eighteen years.</p>
<p>S<smcap>EC</smcap>. 2. There shall be a Superintendent of Public Instruc<pc force="weak">-</pc><lb break="no" />tion, who, after the first term of office, shall be elected by the peo<pc force="weak">-</pc><lb break="no" />ple; the first term of office shall be filled by appointment of the Governor, by and with the advice and consent of the Senate. The Superintendent shall hold his office for the term of four years. He shall receive an annual salary of two thousand five hundred dollars, until otherwise provided by law. In case of vacancy in the office of the Superintendent, it shall be filled by appointment of the Gov<pc force="weak">-</pc><lb break="no" />ernor, until the next general election.</p>
<p>S<smcap>EC</smcap>. 3. The Superintendent shall have the supervision of the public free schools of the State, and shall perform such other duties concerning public instruction as the Legislature may direct. The Legislature may lay off the State into convenient school dis<pc force="weak">-</pc><lb break="no" />tricts, and provide for the formation of a board of school directors in each district. It may give the district boards such legislative powers, in regard to the schools, school houses, and school fund of the district, as may be deemed necessary and proper. It shall be the duty of the Superintendent of Public Instruction to re<pc force="weak">-</pc><lb break="no" />commend to the Legislature, such provisions of law as may be found necessary, in the progress of time, to the establishment and perfection of a complete system of education, adapted to the cir<pc force="weak">-</pc><lb break="no" />cumstances and wants of the people of this State. He shall, at each session of the Legislature, furnish that body with a com<pc force="weak">-</pc><lb break="no" />plete report of all the free schools in the State, giving an account of the condition of the same and the progress of education within the State. Whenever required by either House of the Legislature, it shall be his duty to furnish all information called for, in rela<pc force="weak">-</pc><lb break="no" />tion to public schools.</p>
<p>S<smcap>EC</smcap>. 4. The Legislature shall establish a uniform system of public free schools throughout the State.</p>
<p>S<smcap>EC</smcap>. 5. The Legislature, at its first session, (or as soon there<pc force="weak">-</pc><lb break="no" />after as may be possible,) shall pass such laws as will require the attendance on the public free schools of the State of all the schol<pc force="weak">-</pc><lb break="no" />astic population thereof, for the period of at least four months of each and every year; provided, that when any of the scholastic in<pc force="weak">-</pc><lb break="no" />habitants may be shown to have received regular instruction, for said period of time in each and every year, from any private teacher having a proper certificate of competency, this shall ex<pc force="weak">-</pc><lb break="no" /><pb n="418" ed="gammelslawsoftexas" /><pb ed="unknown" n="26" /><fw type="header" place="top">Constitution of the State of Texas.</fw>empt them from the operation of the laws contemplated by this section.</p>
<p>S<smcap>EC</smcap>. 6. As a basis for the establishment and endowment of said public free schools, all the funds, lands, and other property here<pc force="weak">-</pc><lb break="no" />tofore set apart and appropriated, or that may hereafter be set apart and appropriated, for the support and maintenance of public schools, shall constitute the public school fund. And all sums of money that may come to this State hereafter from the sale of any portion of the public domain of the State of Texas, shall also constitute a part of the public school fund. And the Legislature shall appropriate all the proceeds resulting from sales of public lands of this State to such public school fund. And the Legislature shall set apart, for the benefit of public schools, one<pc force="weak">-</pc><lb break="no" />fourth of the annual revenue derivable from general taxation; and shall also cause to be levied and collected, an annual poll tax of one dollar, on all male persons in this State, between the ages of twenty-one and sixty years, for the benefit of public schools. And said fund and the income derived therefrom, and the taxes herein provided for school purposes shall be a perpetual fund, to be ap<pc force="weak">-</pc><lb break="no" />plied, as needed, exclusively for the education of all the scholas<pc force="weak">-</pc><lb break="no" />tic inhabitants of this State; and no law shall ever be made ap<pc force="weak">-</pc><lb break="no" />propriating such fund for any other use or purpose whatever.</p>
<p>S<smcap>EC</smcap>. 7. The Legislature shall, if necessary, in addition to the income derived from the public school fund, and from the taxes for school purposes provided for in the foregoing section, provide for the raising of such amount by taxation, in the several school districts in the State, as will be necessary to provide the necessary school houses in each district, and insure the education of all the scholastic inhabitants of the several districts.</p>
<p>S<smcap>EC</smcap>. 8. The public lands heretofore given to counties shall be under the control of the Legislature, and may be sold under such regulations as the Legislature may prescribe; and in such case the proceeds of the same shall be added to the public school fund.</p>
<p>S<smcap>EC</smcap>. 9. The Legisature shall, at its first session, (and from time to time thereafter, as may be found necessary,) provide all needful rules and regulations for the purpose of carrying into effect the provisions of this article. It is made the imperative duty of the Legislature to see to it, that all the children in the State, within the scholastic age, are, without delay, provided with ample means of education. The Legislature shall annually appro<pc force="weak">-</pc><lb break="no" />priate for school purposes, and to be equally distributed among all the scholastic population of the State, the interest accruing on the School Fund, and the income derived from taxation for school purposes; and shall, from time to time, as may be necessary, invest the principal of the school fund in the bonds of the United States Government, and in no other security.</p>
</div3>
<pb n="419" ed="gammelslawsoftexas" /><pb ed="unknown" n="27" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> X. LAND OFFICE.</head>
<p>S<smcap>EC</smcap>. 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all titles which have heretofore emanated or may hereafter emanate from govern<pc force="weak">-</pc><lb break="no" />ment, shall be registered; and the Legislature may establish, from time to time, such subordinate offices as they may deem requisite.</p>
<p>S<smcap>EC</smcap>. 2. That the residue of the public lands may be ascer<pc force="weak">-</pc><lb break="no" />tained, it is declared that all surveys of land heretofore made, and not returned to the General Land Office, in accordance with the provisions of an act entitled “An act concerning surveys of land,” approved 10th February, 1852, are hereby declared null and void.</p>
<p>S<smcap>EC</smcap>. 3. All certificates of land located after the 30th day of October, 1856, upon lands which were titled before such location of certificate, are hereby declared null and void; provided, that in cases where the location, for the want of correct maps, or proper connection of surveys, is found to be in conflict with older sur<pc force="weak">-</pc><lb break="no" />veys, whether titled or not, such certificates may be lifted and re<pc force="weak">-</pc><lb break="no" />located.</p>
<p>S<smcap>EC</smcap>. 4. All unsatisfied genuine land certificates, now in exist<pc force="weak">-</pc><lb break="no" />ence, shall be surveyed and returned to the General Land Office by the first day of January, 1875, or be forever barred.</p>
<p>S<smcap>EC</smcap>. 5. All public lands heretofore reserved for the benefit of railroads or railway companies, shall hereafter be subject to loca<pc force="weak">-</pc><lb break="no" />tion and survey by any genuine land certificates.</p>
<p>S<smcap>EC</smcap>. 6. The Legislature shall not hereafter grant lands to any person or persons, nor shall any certificates for land be sold at the Land Office, except to actual settlers upon the same, and in lots not exceeding one hundred and sixty acres.</p>
<p>S<smcap>EC</smcap>. 7. All lands granted to railway companies, which have not been alienated by said companies, in conformity with the terms of their charters, respectively, and the laws of the State under which the grants were made, are hereby declared forfeited to the State for the benefit of the school fund.</p>
<p>S<smcap>EC</smcap>. 8. To every head of a family who has not a homestead, there shall be donated one hundred and sixty acres of land out of the public domain, upon the condition that he will select, locate and occupy the same for three years, and pay the office fees on the same. To all single men, twenty-one years of age, there shall be donated eighty acres of land out of the public domain, upon the same terms and conditions as are imposed upon the head of a family.</p>
<p>S<smcap>EC</smcap>. 9. The State of Texas hereby releases to the owner or own<pc force="weak">-</pc><lb break="no" />ers of the soil all mines and mineral substances that may be on the same, subject to such uniform rate of taxation as the Legislature may impose.</p>
</div3>
<pb n="420" ed="gammelslawsoftexas" /><pb ed="unknown" n="28" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> XI. IMMIGRATION.</head>
<p>S<smcap>ECTION</smcap> 1. There shall be a Bureau, known as the “Bureau of Immigration,” which shall have supervision and control of all matters connected with immigration. The head of this Bureau shall be styled the “Superintendent of Immigration.” He shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office for four years, and until otherwise fixed by law, shall receive an annual compensation of two thousand dollars. He shall have such further powers and duties connected with immigration as may be given by law.</p>
<p>S<smcap>EC</smcap>. 2. The Legislature shall have power to appropriate part of the ordinary revenue of the State for the purpose of promoting and protecting immigration. Such appropriation shall be de<pc force="weak">-</pc><lb break="no" />voted to defraying the expenses of this Bureau, to the support of agencies in foreign seaports, or seaports of the United States, and to the payment in part or in toto of the passage of immigrants from Europe to this State, and their transportation within this State.</p>
</div3>
<div3 type="section">
<head type="main">A<smcap>RTICLE</smcap> XII. GENERAL PROVISIONS.</head>
<p>S<smcap>ECTION</smcap> 1. Members of the Legislature, and all officers, before they enter upon the duties of their offices, shall take the follow<pc force="weak">-</pc><lb break="no" />ing oath or affirmation: “I (A. B.,) do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all duties incumbent on me as -------, according to the best of my skill and ability and that I will support the Constitution and laws of the United States and of this State. And I do further swear (or affirm) that since the acceptance of this Constitution by the Congress of the United States, I, being a citizen of this State, have not fought a duel with deadly weapons, or committed an as<pc force="weak">-</pc><lb break="no" />sault upon any person with deadly weapons, or sent or accepted a challenge to fight a duel with deadly weapons or acted as second in fighting a duel, or knowingly aided or assisted any one thus offending, either within this State or out of it; that I am not disqualified from holding office under the Fourteenth Amend<pc force="weak">-</pc><lb break="no" />ment to the Constitution of the United States; (or, as the case may be, my disability to hold office under the Fourteenth Amendment to the Constitution of the United States has been removed by act of Congress;) and further that I am a qualified elector in this State.”</p>
<pb n="421" ed="gammelslawsoftexas" /><pb ed="unknown" n="29" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 2. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The pivilege of free suffrage shall be supported by laws regulating elec<pc force="weak">-</pc><lb break="no" />tions, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practice.</p>
<p>S<smcap>EC</smcap>. 3. Any citizen of this State, who shall, after the adop<pc force="weak">-</pc><lb break="no" />tion of this Constitution, fight a duel with deadly weapons, or commit an asault upon any person with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or know<pc force="weak">-</pc><lb break="no" />ingly aid and assist in any manner those offending, shall be de<pc force="weak">-</pc><lb break="no" />prived of the right of suffrage, or of holding any office of trust or profit under this State.</p>
<p>S<smcap>EC</smcap>. 4. In all elections by the people, the vote shall be by ballot; and in all elections by the Senate and House of Represen<pc force="weak">-</pc><lb break="no" />tatives, jointly or separately, the vote shall be given viva voce, ex<pc force="weak">-</pc><lb break="no" />cept in the election of their officers.</p>
<p>S<smcap>EC</smcap>. 5. The Legislature shall provide by law for the compen<pc force="weak">-</pc><lb break="no" />sation of all officers, servants, agents and public contractors, not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed or contract entered into for the performance of the same; nor grant, by ap<pc force="weak">-</pc><lb break="no" />propriation or otherwise, any amount of money out of the Treasury of the State to any individual on a claim, real or pretended, where the same shall not have been provided for by pre-existing law.</p>
<p>S<smcap>EC</smcap>. 6. No money shall be drawn from the Treasury but in pursuance of specific appropriation made by law; nor shall any appropriation of money be made for a longer term than two years, except for purposes of education; and no appropriations for private or individual purposes or for purposes of internal improvement, shall be made, without the concurrence of two-thirds of both Houses of the Legislature. A regular statement and account of the receipts and expenditures of all public money shall be published annually in such manner as shall be provided by law; and in no case shall the Legislature have the power to issue “Treasury war<pc force="weak">-</pc><lb break="no" />rants,” “Treasury notes,” or paper of any description intended to circulate as money.</p>
<p>S<smcap>EC</smcap>. 7. Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or being elected or appointed to any office, under the exceptions contained in this Constitution.</p>
<p>S<smcap>EC</smcap>. 8. The Legislature shall have power to provide for deduc<pc force="weak">-</pc><lb break="no" />tions from the salaries of public officers, who may neglect the per<pc force="weak">-</pc><lb break="no" />formance of any duty that may be assigned them by law.</p>
<pb n="422" ed="gammelslawsoftexas" /><pb ed="unknown" n="30" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 9. No member of Congress, nor person holding or exercis<pc force="weak">-</pc><lb break="no" />ing any office of profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit, or trust, under this State.</p>
<p>S<smcap>EC</smcap>. 10. The Legislature shall provide for a change of venue in civil and criminal cases.</p>
<p>S<smcap>EC</smcap>. 11. It shall be the duty of the Legislature to pass such laws as may be necessary and proper, to decide differences by arbi<pc force="weak">-</pc><lb break="no" />tration, when the parties shall elect that method of trial.</p>
<p>S<smcap>EC</smcap>. 12. All civil officers shall reside within the State; and all district or county officers, within their districts or counties; and shall keep their offices at such places therein as may be required by law.</p>
<p>S<smcap>EC</smcap>. 13. General laws, regulating the adoption of children, emancipation of miners, and the granting of divorces, shall be made; but no special law shall be enacted relating to particular or individual cases.</p>
<p>S<smcap>EC</smcap>. 14. The rights of married women to their separate prop<pc force="weak">-</pc><lb break="no" />erty, real and personal, and the increase of the same, shall be pro<pc force="weak">-</pc><lb break="no" />tected by law; and married women, infants and insane persons, shall not be barred of their rights of property by adverse posses<pc force="weak">-</pc><lb break="no" />sion, or law of limitation, of less than seven years from and after the removal of each and all of their respective legal disabilities.</p>
<p>S<smcap>EC</smcap>. 15. The Legislature shall have power, and it shall be their duty, to protect by law, from forced sale, a certain portion of the property of all heads of families. The homestead of a family, not to exceed two hundred acres of land, (not included in a city, town or village,) or any city, town or village lot, or lots, not to exceed five thousand dollars in value, at the time of their destination as a homestead, and without reference to the value of any improve<pc force="weak">-</pc><lb break="no" />ments thereon, shall not be subject to forced sale for debts, ex<pc force="weak">-</pc><lb break="no" />cept they be for the purchase thereof, for the taxes assessed there<pc force="weak">-</pc><lb break="no" />on, or for labor and materials expended thereon; nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife, and in such manner as may be pre<pc force="weak">-</pc><lb break="no" />scribed by law.</p>
<p>S<smcap>EC</smcap>. 16. The Legislature shall provide in what cases officers shall continue to perform the duties of their offices until their suc<pc force="weak">-</pc><lb break="no" />cessors shall be duly qualified.</p>
<p>S<smcap>EC</smcap>. 17. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.</p>
<p>S<smcap>EC</smcap>. 18. No law shall be revised or amended by reference to its title; but, in such cases, the act revised, or section amended, shall be re-enacted and published at length.</p>
<p>S<smcap>EC</smcap>. 19. Taxation shall be equal and uniform throughout the<pb n="423" ed="gammelslawsoftexas" /><pb ed="unknown" n="31" /><fw type="header" place="top">Constitution of the State of Texas.</fw>State. All property in the State shall be taxed in proportion to its value, to be ascertained as directed by law, except such property as two-thirds of both Houses of the Legislature may think proper to exempt from taxation. The Legislature shall have power to levy an income tax, and to tax all persons pursuing any occupation, trade or profession; provided, that the term occupation shall not be construed to apply to pursuits either agricultural or mechanical.</p>
<p>S<smcap>EC</smcap>. 20. The annual assessments made upon landed property shall be a lien upon the property, and interest shall run thereon upon each year’s assessment.</p>
<p>S<smcap>EC</smcap>. 21. Landed property shall not be sold for the taxes due thereon, except under a decree of some court of competent juris<pc force="weak">-</pc><lb break="no" />diction.</p>
<p>S<smcap>EC</smcap>. 22. Provisions shall be made by the first Legislature for the condemnation and sale of all lands for taxes due thereon; and every five years thereafter of all lands the taxes upon which have not been paid to that date.</p>
<p>S<smcap>EC</smcap>. 23. It shall be the duty of the Legislature to provide by law, in all cases where State or county debt is created, adequate means for the payment of the current interest, and two per cent. as a sinking fund for the redemption of the principal; and all such laws shall be irrepealable until principal and interest are fully paid.</p>
<p>S<smcap>EC</smcap>. 24. The Legislature shall, at the first session thereof, and may at any subsequent session, establish new counties for the con<pc force="weak">-</pc><lb break="no" />venience of the inhabitants of such new county or counties; pro<pc force="weak">-</pc><lb break="no" />vided, that no new county shall be established which shall re<pc force="weak">-</pc><lb break="no" />duce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles, unless by consent of two-thirds of the Legislature; nor shall any county be laid off of less centents. Every new county, as to the right of suffrage and representation, shall be considered as part of the county or counties from which it was taken, until entitled, by numbers, to the right of separate representation. No new county shall be laid off with less than one hundred and fifty qualified jurors, resident at the time therein; nor where the county (or coun<pc force="weak">-</pc><lb break="no" />ties) from which the new county is proposed to be taken, would thereby be reduced below that number of qualified jurors; and in all case where, from the want of qualified jurors, or other cause, the courts cannot be properly held in any county, it shall be the duty of the district judge to certify such fact to the Governor; and the Governor shall, by proclamation, attach such county, for judi<pc force="weak">-</pc><lb break="no" />cial purposes, to that county the county seat of which is nearest the county seat of the county so to be attached.</p>
<p>S<smcap>EC</smcap>. 25. Annual pensions may be provided for the surviving veterans of the revolution which separated Texas from Mexico, and for those permanently disabled in the service of the United States<pb n="424" ed="gammelslawsoftexas" /><pb ed="unknown" n="32" /><fw type="header" place="top">Constitution of the State of Texas.</fw>during the late rebellion, provided they entered the service from this State.</p>
<p>S<smcap>EC</smcap>. 26. Each county in the State shall provide, in such man<pc force="weak">-</pc><lb break="no" />ner as may be prescribed by law a manual labor poor-house, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants; and, under such regulations as the Legislature may direct, all persons committing petty offenses in the county may be committed to such manual labor poor-house for correction and employment.</p>
<p>S<smcap>EC</smcap>. 27. All persons who, at any time heretofore, lived together as husband and wife, and both of whom, by the law of bondage, were precluded from the rites of matrimony, and continued to live together until the death of one of the parties, shall be considered as having been legally married; and the issue of such cohabitation shall be deemed legitimate. And all such persons as may be now living together in such relation shall be considered as having been legally married; and the children, heretofore, or hereafter, born of such cohabitations shall be deemed legitimate.</p>
<p>S<smcap>EC</smcap>. 28. Justices of the peace shall assess the property in their respective precincts, under such laws as shall be provided and en<pc force="weak">-</pc><lb break="no" />acted by the Legislature; and the sheriffs of the several counties of this State shall collect the taxes so assessed.</p>
<p>S<smcap>EC</smcap>. 29. Provision shall be made, under adequate penalties, for the complete registration of all births, deaths and marriages, in every organized county of this State.</p>
<p>S<smcap>EC</smcap>. 30. Every person, corporation or company that may com<pc force="weak">-</pc><lb break="no" />mit a homicide through willful act or omission, shall be responsible in exemplary damages to the surviving husband, widow, heirs of his or her body, or such of them as there may be, separately and consecutively, without regard to any criminal proceeding that may or may not be had in relation to the homicide.</p>
<p>S<smcap>EC</smcap>. 31. No minister of the gospel, or priest of any denomina<pc force="weak">-</pc><lb break="no" />tion whatever, who acepts a seat in the Legislature, as Representa<pc force="weak">-</pc><lb break="no" />tive, shall, after such acceptance, be allowed to claim exemption from military service, road duty, or serving on juries, by reason of his said profession.</p>
<p>S<smcap>EC</smcap>. 32. The inferior courts of the several counties in this State, shall have the power, upon a vote of two-thirds of the quali<pc force="weak">-</pc><lb break="no" />fied voters of the respective counties, to assess, and provide for the collection of a tax upon the taxable property, to aid in the con<pc force="weak">-</pc><lb break="no" />struction of internal improvements; provided, that said tax shall never exceed two per cent. upon the value of such property.</p>
<p>S<smcap>EC</smcap>. 33. The ordinance of the Convention passed on the first day of February, A. D. 1861, commonly known as the ordinance of secession, was in contravention of the Constitution and laws of the United States, and therefore, null and void from the begin<pc force="weak">-</pc><lb break="no" />ning; and all laws, and parts of laws, founded upon said ordinance, <pb n="425" ed="gammelslawsoftexas" /><pb ed="unknown" n="33" /><fw type="header" place="top">Constitution of the State of Texas.</fw>were also null and void from the date of their passage. The Legis<pc force="weak">-</pc><lb break="no" />latures which sat in the State of Texas, from the eighteenth day of March, A. D. 1861, until the 6th day of August, A. D. 1866, had no constitutional authority to make laws binding upon the people of the State of Texas; provided, that this section shall not be con<pc force="weak">-</pc><lb break="no" />strued to inhibit the authorities of this State from respecting and enforcing such rules and regulations as were prescribed by the said Legislatures, which were not in violation of the Constitution and laws of the United States, or in aid of the rebellion against the United States, or prejudicial to the citizens of this State who were loyal to the United States, and which have been actually in force or observed in Texas during the above period of time; nor to affect, prejudicially, private rights which may have grown up under such rules and regulations; nor to invalidate official acts, not in aid of the rebellion against the United States, during said period of time. The Legislature which assembled in the city of Austin on the 6th day of August, A. D. 1866, was provisional only, and its acts are to be respected only so far as they were not in violation of the Constitution and laws of the United States; or were not in<pc force="weak">-</pc><lb break="no" />tended to reward those who participated in the late rebellion; or to discriminate between citizens on account of race or color; or to operate prejudicially to any class of citizens.</p>
<p>S<smcap>EC</smcap>. 34. All debts created by the so-called State of Texas, from and after the 28th day of January, 1861, and prior to the 5th day of August, 1865, were, and are null and void; and the Legislature is prohibited from making any provision for the acknowledgement or payment of such debts. All unpaid balances, whether of salary, per diem, or monthly allowance, due to employes of the State, who were in the service thereof, on the said 28th day of January, 1861, civil or military, and who gave their aid, countenance or support, to the rebellion then inaugurated against the government of the United States, or turned their arms against the said government, thereby forfeited the sums severally due to them. All the ten per cent. warrants issued for military services, and exchanged during the rebellion, at the Treasury, for non-interest warrants, are hereby declared to have been fully paid and discharged; provided, that any loyal person, or his or her heirs or legal representative, may, by proper legal proceedings, to be commenced within two years after the acceptance of this Constitution by the Congress of the United States, show proof in avoidance of any contract made, or revise or annul any decree or judgment rendered, since the said twenty-eighth day of January, 1861, when, through fraud prac<pc force="weak">-</pc><lb break="no" />ticed, or threats of violence used towards such persons, no adequate consideration for the contract has been received; or when, through absence from the State of such person, or through political preju<pc force="weak">-</pc><lb break="no" />dice against such person, the decision complained of was not fair nor impartial.</p>
<pb n="426" ed="gammelslawsoftexas" /><pb ed="unknown" n="34" /><fw type="header" place="top">Constitution of the State of Texas.</fw>
<p>S<smcap>EC</smcap>. 35. Within five years after the acceptance of this Consti<pc force="weak">-</pc><lb break="no" />tution, the laws, civil and criminal, shall be revised, digested, ar<pc force="weak">-</pc><lb break="no" />ranged and published in such manner as the Legislature shall di<pc force="weak">-</pc><lb break="no" />rect; and a like revision, digest, and publication shall be made every ten years thereafter.</p>
<p>S<smcap>EC</smcap>. 36. No lottery shall be authorized by this State; and the buying and selling of lottery tickets within this State is prohib<pc force="weak">-</pc><lb break="no" />ited.</p>
<p>S<smcap>EC</smcap>. 37. No divorce shall be granted by the Legislature.</p>
<p>S<smcap>EC</smcap>. 38. The duration of all offices, not fixed by this Consti<pc force="weak">-</pc><lb break="no" />tution, shall never exceed four years.</p>
<p>S<smcap>EC</smcap>. 39. No soldier shall, in time of peace, be quartered in the house or within the enclosure of any individual without the con<pc force="weak">-</pc><lb break="no" />sent of the owner; nor in time of war, but in a manner prescribed by law.</p>
<p>S<smcap>EC</smcap>. 40. All sales of landed property, made under decrees of courts in this State shall be offered to bidders in lots of not less than ten, nor more than forty acres, except in towns or cities—including sales for taxes.</p>
<p>S<smcap>EC</smcap>. 41. All civil officers of this State shall be removable by an address of two-thirds of the members elect to each House of the Legislature, except those whose removal is otherwise provided for by this Constitution.</p>
<p>S<smcap>EC</smcap>. 42. The accounting officers of this State shall neither draw nor pay a warrant upon the treasury, in favor of any person for salary or compensation, as agent, officer, or appointee, who holds at the same time any other office or position of honor, trust or profit, under the State or the United States, except as prescribed in this Constitution.</p>
<p>S<smcap>EC</smcap>. 43. The statutes of limitation of civil suits were suspended by the so-called act of secession of the 28th of January, 1861, and shall be considered as suspended within this State, until the ac<pc force="weak">-</pc><lb break="no" />ceptance of this Constitution by the United States Congress.</p>
<p>S<smcap>EC</smcap>. 44. All usury laws are abolished in this State, and the Legislature is forbidden from making laws limiting the parties to contracts in the amount of interest they may agree upon for loans of money or other property; provided, this section is not intended to change the provisions of law fixing rate of interest in contracts, where the rate of interest is not specified.</p>
<p>S<smcap>EC</smcap>. 45. All the qualified voters of each county shall also be qualified jurors of such county.</p>
<p>S<smcap>EC</smcap>. 46. It shall be the duty of the Legislature, after the adop<pc force="weak">-</pc><lb break="no" />tion of this Constitution, to levy a special road tax upon the taxable property of all persons in this State, and appropriate the same to the building of bridges and the improvement of public roads in the different counties in the State, under such rules and regulations as the Legislature shall provide; and no law shall be passed requiring<pb n="427" ed="gammelslawsoftexas" /><pb ed="unknown" n="35" /><fw type="header" place="top">Constitution of the State of Texas.</fw>the personal services of any portion of the people on public roads.</p>
<p>S<smcap>EC</smcap>. 47. Mechanics and artisans of every class, shall have a lien upon the articles manufactured or repaired by them for the value of their labor done thereon, or materials furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens.</p>
<p>S<smcap>EC</smcap>. 48. The Legislature may prohibit the sale of all intoxicat<pc force="weak">-</pc><lb break="no" />ing or spirituous liquors in the immediate vicinity of any college or seminary of learning; provided, said college or seminary be located other than at a county seat or at the State capital.</p>
<p>S<smcap>EC</smcap>. 49. The Legislature shall give effect to the foregoing gen<pc force="weak">-</pc><lb break="no" />eral provisions, and all other provisions of this Constitution, which require Legislative action according to their spirit and intent, by appropriate acts, bills or joint resolutions.</p>
<p>S<smcap>EC</smcap>. 50. The Legislature, whenever two-thirds of each House shall deem it necessary, may propose amendments to this Constitu<pc force="weak">-</pc><lb break="no" />tion; which propesed amendments shall be duly published in the public prints of this State at least three months before the next general election of Representatives, for the consideration of the people; and it shall be the duty of the several returning officers at the next general election which shall be thus holden, to open a poll for and make a return to the Secretary of State of the names of all those voting for Representatives who have voted on such proposed amendments; and if thereupon it shall appear that a majority of those voting upon the propesed amendments have voted in favor of such proposed amendments, and two-thirds of each House of the next Legislature shall after such election, ratify the same amendments by yeas and nays, they shall be valid to all intents and purposes as parts of this Constitution; provided, that the said pro<pc force="weak">-</pc><lb break="no" />posed amendments shall, at each of the said sessions, have been read on three several days in each House.</p>
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