their attendance at elections, and in going to and returning from the same, except in cases of treason, felony, or breach of the peace.

4. The legislative powers of this State shall be vested in 2 distinct branches, the one to be styled the Senate, and the other the House of Representatives, and both together the "Legislature of the State of Texas." The style of all laws shall be "Be it enacted by the Legislature of the State of Texas."

5. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be 2 years from the day of the general election; and the sessions of the Legislature shall be biennial, at such times as shall be prescribed by law.

6. No person shall be a representative unless he be a citizen of The United States, or at the adoption of this Constitution a citizen of the Republic of Texas, and shall have been an inhabitant of this State 2 years next preceding his election, and the last year thereof a citizen of the county, city, or town for which he shall be chosen, and shall have attained the age of 21 years at the time of his election. 7. All elections by the people shall be held at such time and place in the several counties, cities, or towns, as are now or may hereafter be designated by law.

8. The senators shall be chosen by the qualified electors for the term of 4 years, and shall be divided by lot into 2 classes as nearly equal as can be. The seats of senators of the 1st class shall be vacated at the expiration of the first 2 years, and of the 2nd class at the expiration of 4 years; so that one-half thereof shall be chosen biennially thereafter.

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.

10. When a senatorial district shall be composed of 2 or more counties, it shall not be separated by any county belonging to another district.

11. No person shall be a senator unless he be a citizen of The United States, or at the time of the acceptance of this Constitution by the Congress of The United States a citizen of the Republic of Texas; and shall have been an inhabitant of this State 3 years next preceding the election, and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of 30 years.

12. The House of Representatives when assembled shall elect a Speaker and its other officers; and the Senate shall choose a l'resident, for the time being, and its other officers. Each House shall judge of the qualifications and elections 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.

13. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and with the consent of two-thirds, expel a member, but not a second time for the same offence.

14. Each House shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either House, on any question, shall at the desire of any 3 members present, be entered on the journals.

15. 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.

16. Senators and representatives shall in all cases except 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 20 miles such member may reside from the place at which the Legislature is convened.

17. Each House may punish, by imprisonment during the session, any person not a member, for disrespectful or disorderly conduct, in its presence, or for obstructing any of its proceedings, provided such imprisonment shall not at any one time exceed 48 hours.

18. The doors of each House shall be kept open.

19. Neither House shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than that in which they may be sitting, without the concurrence of both Houses.

20. 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 3 several days it be read in each House, and free discussion be allowed thereon, unless, in case of great emergency, fourfifths 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.

21. All bills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as other

bills.

22. 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 session.

23. Each member of the Legislature shall receive from the public Treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall be made.

24. No senator or representative shall, during the term for which he may be clected, 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; and no member of either House of the Legislature shall, during the term for which he is elected, be eligible to any office or place, the appointment to which may be made in whole or in part by either branch of the Legislature; nor shall the members thereof be capable of voting for a member of their own body for any office whatever, except it be in such cases as is herein provided. The President, for the time being, of the Senate, and Speaker of the House of Representatives, shall be elected from their respective bodies.

25. 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 exercise any 2 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.

26. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to 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 intrusted.

27. Ministers of the Gospel, being by their profession dedicated to God and the care of souls, ought not to be diverted from the great duties of their functions; therefore, no minister of the Gospel, or priest of any denomination whatever shall be eligible to the Legislature.

28. Elections for senators and representatives shall be general throughout the State, and shall be regulated by law.

29. The Legislature shall at their first meeting, and in the years 1848 and 1850, and every 8 years thereafter, cause an enumeration to be made of all the free inhabitants (Indians not taxed, Africans, and descendants of Africans, excepted) of the State, designating particularly the number of qualified electors; and the whole number of representatives shall, at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the several counties, cities, or towns, according to the number of free population in each, and shall not be less than 45, nor more than 90.

30. Until after the first enumeration and apportionment under this Constitution, the following shall be the apportionment of repre

sentatives amongst the several counties, viz.: The county of Montgomery shall elect 4 representatives; the counties of Red River, Harrison, Nacogdoches, Harris, and Washington, shall elect 3 representatives each; the counties of Fannin, Lamar, Bowie, Shelby, San Augustine, Rusk, Houston, Sabine, Liberty, Robertson, Galveston, Brazoria, Fayette, Colorado, Austin, Gonzales, and Bexar, 2 representatives each; the counties of Jefferson, Jaspar, Brazos, Milam, Bastrop, Travis, Matagorda, Jackson, Fort Bend, Victoria, Refugio, Goliad, and San Patricio, 1 representative each.

31. The whole number of senators shall, at the next session aftef 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 19, nor more than 33.

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 1 senator. The counties of Red River and Bowie, the second district, and elect 1 senator. The counties of Fannin, Lamar, Red River and Bowie, conjointly, shall elect 1 senator. The county of Harrison, the third district, shall elect 1 senator. The counties of Nacogdoches, Rusk, and Houston, the fourth district, shall elect 2 senators. The counties of San Augustine and Shelby, the fifth district, shall elect 1 senator. The counties of Sabine and Jasper, the sixth district, shall elect 1 senator. The counties of Liberty and Jefferson, the seventh district, shall elect 1 senator. The counties of Robertson and Brazos, the eighth district, shall elect 1 senator. The county of Montgomery, the ninth district, shall elect 1 senator. The county of Harris, the tenth district, shall elect 1 senator. The county of Galveston, the eleventh district, shall elect 1 senator. The counties of Brazoria and Matagorda, the twelfth district, shall elect 1 senator. The counties of Austin and Fort Bend, the thirteenth district, shall elect 1 senator. The counties of Colorado and Fayette, the fourteenth district, shall elect 1 senator. The counties of Bastrop and Travis, the fifteenth district, shall elect 1 senator. The counties of Washington and Milam, the sixteenth district, shall elect 1 senator. The counties of Victoria, Gonzales, and Jackson, the seventeenth district, shall elect 1 senator. The county of Bexar, the eighteenth district, shall elect 1 senator; and the counties of Goliad, Refugio, and San Patricio, the nineteenth district, shall elect 1 senator.

33. The first session of the Legislature, after the adoption of this Constitution by the Congress of The United States, shall be held at the city of Austin, the present seat of Government, and thereafter until the year 1850, 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, 3 dollars for each day they shall be in attendance on, and 3 dollars for every 25 miles travelling to and from the place of convening, the Legislature.

35. In order to settle permanently the seat of Government, an election shall be holden throughout the State, at the usual places of holding elections, on the first Monday in March, 1850, 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 1870, unless the State shall sooner be divided. But in case neither place voted for shall have the majority of the whole number of the 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, 1850, between the 2 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 hereinbefore provided.

IV.-Judicial Department.

SECT. 1. The judicial powers 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 2 associates, any 2 of whom shall form a quorum.

3. The Supreme Court shall have appellate jurisdiction only, which shall be coextensive 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 3 places in the State.

4. The Supreme Court shall appoint its own clerks, who shall hold their offices for 4 years, and be subject to removal by the said court