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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 disqual. ified, 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 direcied 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 plaintiti 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 annual salary of two thousand dollars, and no more.
6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the service of the United States.
7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices.
8. He may, by proclamation, on extraordinary occasions, convene the Legislature 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 shall 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 Governor, 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 iheir 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 ballot of both houses of the Legislature, and, in case of vacancy in either of said offices during the recess of the Legislature, such vacan
cy shall be filled by the Governor, which appointment shall continue until the close of the next session of the Legislature thereafter.
ARTICLE VI.--Militia. Sec. 1. The Legislature shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States in relation thereto.
2. Any person who conscientiously scruples to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service,
3. No licensed minister of the gospel shall be required to perform military duty, work on roads, or serve on juries, in this State.
4. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.
ARTICLE VII.— General Provisions. Sec. 1. Members of the Legislature, and all officers, before they enter upon the duties of their office, shall take the following oath or affirmation: “I, A. B., do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the hest of my skill and ability, agreeably to the Constitution and laws of the United States, and of this State; and I do further solemnly swear (or affirm) that, since the adoption 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 within this State, or out of it; nor have I sent or accepted a challenge to fight a duel with deadly weapons; nor have I acted as second in carrying a challenge, or aided, advised, or assisted any person thus offending: so help me God.”
2. Treason against this State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
3. Every person shall be disqualified from holding any office of trust or profit in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment.
4. 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 privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult
, or other improper practice. 5. Any citizen of this State, who shall, after the adoption of this Constitution, fight a ducl with deadly weapons, or send or accept a challenge to fight a dues with deadly weapons, either within the State or out of it, or who shall act as second, or knowingly aid and assist, in any manner, those thus offending, shall be deprived of holding any office of trust or profit under this State.
6. În all elections by the people, the vote shall be by ballot, until the Legislature shall otherwise direci; and in all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers.
7. The Legislature shall provide by law for the compensation 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 appropriation or otherwise, any amount of money out of the treasury of the State, to any individual, on a claim, real or pretend where the same shall not have been provided for by pre-existing law: Provided, that nothing in this section shall be so construed as to affect the claims of persons against the republic of Texas, hereto fore existing
8. No money shall be drawn from the treasury but in pursuance of specific appropriations made by law; nor shall any appropriation of money be made 12. The Legislature shall have power to provide for deductions from the salaries of public officers, who may neglect the performance of any duty that may be assigned them by law.
for a longer term than two years, except for purposes of education; and no appropriation 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 prescribed by law. And in no case shall the Legislature have the power to issue treasury warrants, treasury notes, or paper of any description, intended to circulate as money.
9. 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.
10. The duration of all offices noi fixed by this Constitution, shall never exceed four years.
11. Absence on the business of this State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right oi surfrage, or of being elected or appointed to any ofiice, under the exceptions contained in this Constitution.
13. No member of Congress, nor person holding or exercising any office of profit or trust under the United States, or cither of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any oflice of profit or trust under this State,
14. The Legislature shall provide for a change of venue in civil and criminal cases; and for the erection of a penitentiary at as early a day as practicable.
15. It shall be the duty of the Legislature to pass such laws as may be neces. sary and proper to decide differences by arbitration, when the parties shall elect that method of trial.
16. Within five years after the adoption of this Constitution, the laws, civil and criminal, shall be revised digested, arranged, and published in such manner as the Legislature shall direct; and a like revision, digest, and publication, shall be made every ten years thereafter.
17. No lottery shall be authorized by this State; and the buying or selling of lottery tickets within this State is prohibited.
18. No divorce shall be granted by the Legislature.
19. All property both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gilt, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wite, in relation as well to her separate property, as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
20. The rights of property and of action which have been acquired under the Constitution and laws of the republic of Texas, shall not be divested; nor shall any rights or actions which have been divested, barred, or declared null and void by the Constitution and laws of the republic of Texas, be re-invested, revived, or reinstated by this Constitution; but the same shall remain precisely in the situation in which they were before the adoption of this Constitution.
21. All claims, locations, surveys, grants, and titles to land, which are declared null and void by the Constitution of the republic of Texas, are, and the same shall remain forever, null and void.
22. The Legislature shall have power 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 town or city), or any town or city lot or lots, in value not to exceed two thousand dollars, shali not be subject to forced sale for any debts hereafter contracted; nor shall the owner, it a married man, be at liberty to alienate the same, unless by the consent of the wife, in such manner as the Legislature may hereafter point out.
23. The Legislature shall provide in what cases officers shall continue to