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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 exercise any two offices, agencies, or appointments of trust or profit under this state : provided, that offices of the militia, to which there is attached no annual salary, or the office of justice of the peace, shall not be deemed lucrative.
Sec. 26. No person, who at any time may have been a col. lector 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 collections, and for all public moneys with which he may have been entrusted.
Sec. 27. Ministers of the Gospel being by their profession dedi. cated to God and the care of souls, ought not to be diverted from the great duties of their functions; therefore no minister of the Gospel, or priest of any denomination whatever, shall be eligible to the legislature.
Sec. 28. Elections for senators and representatives shall be general throughout the state, and shall be regulated by law.
Sec. 29. The legislature shall, at their first meeting, and in the year one thousand eight hundred and forty-eight, and fifty, and every eight years thereafter, cause an enumeration to be made of all the free inhabitants (Indians not taxed, Africans and de. scendants of Africans, excepted) of the state, designating particu. larly the number of qualified electors; and the whole number of representatives shall, at the several periods of making such enu. meration, be fixed by the legislature, and apportioned among the several counties, cities, or towns, according to the number of free population in each ; and shall not be less than forty-five, nor more than ninety.
Sec. 30. Until after the first enumeration and apportionment under this constitution, the following shall be the apportionment of representatives amongst the several counties, viz. :
The county of Montgomery shall elect four representatives; the counties of Red River, Harrison, Nacogdoches, Harris, and Washington, shall elect three representatives each ; the counties of Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine, Liberty, Robertson, Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales, and Bexar, two representatives each; the counties of Jefferson, Jasper, Brazos, Milam, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio, Goliad, and San Patrichio, one representative each.
Sec. 31. 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 districts to be established by law, according to the number of qualified electors, and shall never be less than nineteen, nor more than thirtythree.
Sec. 32. Until the first enumeration, as provided for by this constitution, the senatorial districts shall be as follows, to wit : The counties of Fannin and Lamar shall constitute the first district, and elect one senator; the counties of Red River and Bowie, the second district, and elect one senator ; the counties of Fannin, Lamar, Red River, and Bowie, 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 Milam, the sixteenth district, shall elect one senator ; the counties of Victoria, Gonzales, and Jackson, the seventeenth district, shall elect one senator ; the county of Bexar, the eighteenth district, shall elect one senator; and the
counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect one senator.
Sec. 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 fifty; after which period, the seat of government shall be permanently located by the people.
Sec. 34. The members of the legislature shall at their first session receive from the treasury of the state, as their compensation, three dollars for each day they shall be in attendance on, and three dollars for every twenty-five miles travelling to and from the place of convening the legislature.
Sec. 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 divid. ed. 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.
Judicial Department. SECTION 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.
Sec. 2. The supreme court shall consist of a chief justice and two associates, any two of whom shall form a quorum.
Sec. 3. The supreme court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the state ; but, in criminal cases, and in appeals from interlocutory judgments, with such exceptions and under such regulations as the legislature shall make; and the 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.
Sec. 4. The supreme court shall appoint its own clerks, who shall hold their offices for four years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 defence, before any vote for 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.
Sec. 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.”
Sec. 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 inferior 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 capital cases, and where the punishment or fine imposed shall be specifically imposed by law.
Sec. 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.
Sec. 12. The governor shall nominate, and, by and with the