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Fannin, Lamar, Red River, and Bowie, conjointly, shall elect one senator; the county of Harrison, the third district, shall elect one senator; the counties of Nacogdoches, Rusk, and Houston, the fourth district, shall elect two senators; the counties of San Augustine and Shelby, the fifth district, shall elect one senator; the counties of Sabine and Jasper, the sixth district, shall elect one senator; the counties of Liberty and Jefferson, the seventh district, shall elect one senator; the counties of Robertson and Brazos, the eighth district, shall elect one senator; the county of Montgomery, the ninth district, shall elect one senator; the county of Harris, the tenth district, shall elect one senator; the county of Galveston, the eleventh district, shall elect one senator; the counties of Brazoria and Matagorda, the twelfth district, shall elect one senator; the counties of Austin and Fort Bend, the thirteenth district, shall elect one senator; the counties of Colorado and Fayette, the fourteenth district, shall elect one senator; the counties of Bastrop and Travis, the fifteenth district, shall elect one senator; the counties of Washington and Milan, the sixteenth district, shall elect one senator; the counties of Victoria, Gonzales, and Jackson, the seventeenth district, shall elect one senator; the county of Bexar, the eighteenth district, shall elect one senator; and the counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect one senator.
33. The first session of the Legislature, after the adoption of the Constitution by the Congress of the United States, shall be held at the city of Austin, the present seat of government, and thereafter, until the year one thousand eight hundred and fifly; after which period, the seat of government shall be permanently
located by the people. 34. The members of the Legislature shall at their first session receive from the treasury of the State, as their compensation, three dollars for each day they shall be in attendance on, and three dollars for every twenty-five miles traveling to and from the place of convening the Legislature.
35. In order to settle permanently the seat of government, an election shall be holden throughout the State, at the usual places of holding elections, on the first Monday in March, one thousand eight hundred and fifty-which shall be conducted according to law-at which time the people shall vote for such place as they may see proper for the seat of government. The returns of said election to be transmitted to the Governor by the first Monday in June: if either place voted for shall have a majority of the whole number of votes cast, then the same shall be the permanent seat of government until the year one thousand eight hundred and seventy, unless the State shall sooner be divided. But in case neither place voted for shall have the majority of the whole number of votes given in, then the Governor shall issue his proclamation for an election to be holden in the same manner, on the first Monday in October, one thousand eight hundred and fifty, between the two places having the highest number of votes at the first election. The election shall be conducted in the same manner as at the first, and the returns made to the Governor; and the place having the highest number of votes shall be the seat of government for the time herein provided.
ARTICLE IV.-Judicial Department. Sec. 1. The judicial power of this State shall be vested in one Supreme * Court, in district courts, and in such inferior courts as the Legislature may from time to time ordain and establish; and such jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by law.
2. The Supreme Court shall consist of a Chief-Justice and two associates, any two of whom shall form a quorum.
3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State; but, in criminal cases, and in appeals from interlocutory judgments, with such exceptions and under such regu. lations as the Legislature shall make; and the Supreme Court and judges thereof shall have power to issue the writ of habeas corpus, and, under such regulations as may be prescribed by law, may issue writs of mandamus, and such other writs as shall be necessary to enforce its own jurisdiction; and also compel a judge of the district court to proceed to trial and judgment in a cause; and the Supreme Court shall hold its sessions once every year, between the months of October and June, inclusive, at not more than three places in the State.
4. The Supreme Court shall appoint its own clerks, who shall hold their offices for four years, and be subjeet to removal by the said Court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law.
5. The Governor shall nominate, and, by and with the advice and consent of two-thirds of the Senate, shall appoint the judges of the Supreme and district courts, and they shall hold their offices for six years.
6. The State shall be divided into convenient judicial districts. For each district there shall be appointed a judge, who shall reside in the same, and hold the courts at one place in each county, and at least twice in each year, in such manner as may be prescribed by law.
7. The judges of the Supreme Court shall receive a salary not less than two thousand dollars annually, and the judges of the district court a salary not less than seventeen hundred and fifty dollars annually; and the salaries of the judges shall not be increased or diminished during their continuance in office.
8. The judges of the Supreme and district courts shall be removed by the Governor, on the address of two-thirds of each house of the Legislature, for wilful neglect of duty, or other reasonable cause which shall not be sufficient ground for impeachment; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house: and provided, further, that the cause or causes shall be notified to the judge so intended to be removed; and he shall be admitted to a hearing in his own defense, before a vote for any such address shall pass; and, in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each house respectively,
9. All judges of the Supreme and district courts shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and processes shall be,“ The State of Texas.” All prosecutions shall be carried on in the name and by the authority of the “State of Texas,” and conclude, “ against the peace and dignity of the State."
10. The district court shall have original jurisdiction of all criminal cases, of all suits in behalf of the State to recover penalties, forfeitures, and escheats, and of all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at, or amount to, one hundred dollars, exclusive of interest; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and give them a general superintendence and control over interior jurisdictions.
And in the trial of all criminal cases, the jury trying the same shall fine and assess the amount of punishment to be inflicted, or fine imposed, except in oapital cases, and where the punishment or fine imposed shall be specifically imposed by law.
11. There shall be a clerk of the district court for each county, who shall be elected by the qualified voters for members of the Legislature, and who shall hold his office for four years, subject to removal by information, or by presentment of a grand jury, and conviction of a petit jury. In case of vacancy, the judge of the district shall have the power to appoint a clerk until a regular election can be held.
12. The Governor shall nominate, and, by and with the advice and consent or two-thirds of the Senate, appoint an Attorney-General, who shall hold his office for two years; and there shall be elected, by joint vote of both houses of the Legislature, a district-attorney for each district, who shall hold his office for two years; and the duties, salaries, and perquisites of the Attorney-General and district-attorneys, shall be prescribed by law.
13. There shall be appointed for each county a convenient number of justices of the peace, one sherift
, one coroner, and a sufficient number of constables, who shall hold their offices for two years, to be elected by the qualified voters of the district or county, as the Legislature may direct." Justices of the peace, sheriff, and coroner, shall be commissioned by the Governor. The sheriff shall not be eligible more than four years in every six.
14. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. When the Supreme Court, or any two of its members, shall be thus disqualified to hear and determine any cause or causes in said court, or when no judgment can be rendered in any case or cases in said court, by reason of the equal division of opinion of said judges, the same shall be certified to the Governor of the State, who shall immediatety commission the requisite number of persons learned in the law, for the trial and determination of said case or cases. When the judges of the district court are thus disqualified, the parties may, by consent, appoint a proper person to try the said case; and the judges of the said courts may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disqualifications of judges of inferior tribunals shall be remedied as may hereafter be by law prescribed.
15. Inferior tribunals shall be established in each county for appointing guardians; granting letters testamentary and of administration; for settling the accounts of executors, administrators, and guardians, and for the transaction of business appertaining to estates; and the district courts shall have original and appellate jurisdiction and general control over the said inferior tribunals, and original jurisdiction and control over executors, administrators, guardians, and minors, under such regulation as may be prescribed by law.
16. In the trial of all causes in equity 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 in trials at law.
17. Justices of the peace shall have such civil and criminal jurisdiction as shall be provided for by law.
18. In all causes arising out of a contract, before any inferior judicial tribunal, when the amount in controversy shall exceed ten dollars, the plaintiff or defendant shall, upon application to the presiding officer, have the right of trial by jury.
19. În all cases where justices of the peace or other judicial officers of inferior tribunals shall have jurisdiction in the trial of causes where the penalty for the violation of a law is fine or imprisonment (except in case of contempt), the accused shall have the right of trial by jury.
ARTICLE V.-Executive Department. Sec. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Texas.
2. The Governor shall be elected by the qualified electors of the State at the time and places of elections for members of the Legislature.
3. The returns of every election for Governor, until otherwise provided by law, shall be made out, sealed up, and transmitted to the seat of government, and 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 declared 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 immediately chosen Governor by joint vote of both houses of the Legislature. Contested elections for Governor shall be determined by both houses of the Legislature.
4. The Governor shall hold his office for the term of two years from the regular time of installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a citizen of the United States, or a citizen
of the State of Texas, at the time of the adoption of this Constitution, and shall have resided in the same three years immediately preceding his election.
5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected. The first Governor shall receive an ann aal salary of two thousand dollars, and no more.
6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.
7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices.
8. He may, by proclamation, on extraordinary occasions, convene the Legis lature at the seat of government, or at a different place, if that should be in the actual possession of a public enemy; in case of disagreement between the two houses with respect to the adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next regular meeting of the Legislature.
9. He shall, from time to time, give to the Legislature information, in writing, of the state of the government, and recommend to their consideration such measures as he may deem expedient.
10. He shall take care that the laws be faithfully executed.
11. In all criminal cases, except in those of treason and impeachment, 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. In cases of treason, he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the Legislature.
12. There shall also be a Lieutenant-Governor, who shall be chosen at every election for Governor by the same persons, and in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant-Governor, the electors shall distinguish for whom they vote for as Governor and for whom as Lieutenant-Governor. The Lieutenant-Governor shall, by virtue of his office, be President of the Senate, and have, when in committee of the whole, a 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 office, inability or refusal of the Governor to serve, or of his impeachment or aħsence 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 for Gov. ernor, and be duly qualified, or until the Governor impeached, absent, or disabled, shall be acquitted, return, or his disability be removed.
13. Whenever the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as President for the time being. And if, during the vacancy of the office of Governor, the Lieutenant-Governor shali die, resign, refuse to serve, or be removed from office, or be unable to serve, or if he shall 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 LieutenantGovernor shall, whilst he acts as President of the Senate, receive for his services the same compensation which shall be allowed to the Speaker of the House of Representatives, and no more; and during the time he administers the government as Governor, shall receive the same compensation which the Governor would have received had he been employed in the duties of his office, and no more. The President for the time being of the Senate shall, during the time he aaministers the government, receive in like manner the same compensation which the Governor would have received had he been employed in the duties of his office. If the Lieutenant-Governor shall be required to adminis. ter the government, and shall, whilst in such administration, 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 for the time being.
14. There shall be a seal of the State, which shall be kept by the Gov. ernor and used by him officially. The said seal shall be a star of five points encircled by an 'olive and live-oak branches, and the words, “the State of Texas."
15. All commissions shall be in the name and by the authority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State.
16. There shall be a Secretary of State, who shall be appointed by the Gov. ernor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the Governor elect.' He shall keep a fair register of all official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes and vouchers, relative thereto, before the Legislature, or either house thereof; and shall perform such other duties as may be required of him by law.
17. Every bill which shall have passed both houses of the Legislature shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originaled, who shall enter the objections at large upon the journals, and proceed to reconsider it; if, after such reconsideration, 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, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it. Every bill presented to the Governor one day previous to the adjournment of the Legislature, and not returned to the house in which it originated, before its adjournment, shall become a law, and have the same force and effect as if signed by the Governor.
18. Every order, resolution, or vote, to which the concurrence of both houses of the Legislature may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill.
19. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of notaries-public, not exceeding six for each county, who, in addition to such duties as are prescribed by law, shall discharge such other duties as the Legislature may, from time to time, prescribe.
20. Nominations to fill vacancies that may have occurred during the recess shall be made to the Senate during the first ten days of its session. And should any nomination so made be rejected, the same individual shall not again be nominated during the session to fill the same office. And should the Governor fail to make nominations to fill any vacancy during the session of the Senate, such vacancy shall not be filled by the Governor until the next meeting of the Senate.
21. The Governor shall reside, during the session of the Legislature, at the place where their sessions may be held, and, at all other times, wherever, in their opinion, the public good may require.
22. No person holding the office of Governor shall hold any other office or commission, civil or military. 23. A State treasurer and
comptroller of public accounts shall be biennially elected by the joint hallot of both houses of the Legislature, and, in case of vacancy in either of said offices during the recess of the Legislature, such vacan