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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 mililary 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 duel with deadly weapons, or send or accept a challenge to fight a duel 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. In all elections by the people, the vote shall be by ballot, until the Legislature shall otherwise direct; 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 pretended, 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
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 not fixed by this Constitution, shall never ex. ceed 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 of suffrage, or of being elected or appointed to any office, under the exceptions contained in this Constitution.
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.
13. No member of Congress, nor person holding or exercising 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.
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 gift
, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, 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 Constiiution.
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, if 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
perform the duties of their offices until their successors shall be duly qualified,
24. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.
25. No law shall be revised or amended by reference to its title ; but, in such case, the act revised or section amended, shall be re-enacted and published at length.
26. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of justice of the peace.
27. Taxation shall be equal and uniform throughout the State. All property in this 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 Legis. lature
proper to exempt from taxation. The Legislature shall have power to lay 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.
28. The Legislature shall have power to provide by law for exempting from taxation two hundred and fifty dollars' worth of the household furniture, or other property belonging to each family in this State.
29. The assessor and collector of taxes shall be appointed in such manner, and under such regulations, as the Legislature may direct.
30. No corporate body shall hereafter be created, renewed, or extended, with banking or discounting privileges.
31. No private corporation shall be created, unless the bill creating it shall be passed by two-thirds of both houses of the Legislature; and two-thirds of the Legislature shall have power to revoke and repeal all private corporations, by making compensation for the franchise. And the State shall not be part owner of the stock or property belonging to any corporation.
32. The Legislature shall prohibit, by law, individuals from issuing bills, checks, promissory notes, or other paper, to circulate as money.
33. The aggregate amount of debts hereafter contracted by the Legislature shall never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasions, or suppress insurrections. And in no case shall any amount be borrowed, except by a vote of two-thirds of both houses of the Le gislature.
34. The Legislature shall, at the first session thereof, and may, at any subsequent session, establish new counties for the convenience of the inhabitants of such new county or counties: provided, that no new county shall be established, which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles (except the county of Bowie), unless by consent of two-thirds of the Legislature; nor shall any county be laid ois of less contents. Every new county, as to the right of sutirage 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.
35. No soldier shall, in time of peace, be quartered in the house, or within the enclosure, of any individual, without the consent of the owner, nor in time of war, but in a manner prescribed by law.
36. The salaries of the Governor and judges of the Supreme and district courts are hereby fixed at the minimum established in the Constitution, and shall not be increased for ten years.
37. Mode of amending the Constitution.—The Legislature, whenever twothirds of each house shall deem il necessary, may propose amendments to this Constitution; which proposed amendments shall be duly published in the public prints of the 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 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 all the citizens of this State, voting for representatives, have voted'in favor of such proposed amendments, and two-thirds of each house of the next Legislature shall, after such election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitution: prorided, that the said proposed amendments shall, at each of the said sessions, have been read on three several days in each house.
ARTICLE VIII.-Slaves. Sec. 1. The Legislature shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, nor without paying their owners, previous to such emancipation, full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State: provided, that such slave be the bona fide property of such emigrants : provided, also, that laws shall be passed to inhibit the introduction into this State of slaves who have committed high crimes in other States or Territories. They shall have the right to pass laws to permit the owners of slaves to emancipate them, saving
the rights of creditors, and preventing them from becoming a public charge. They shall have full power to pass laws which will oblige the owners of slaves to treat them with humanity; to provide for them necessary food and clothing; to abstain from all injuries to them extending to life or limb; and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves taken from such owner, and sold for the benefit of such owner or owners. They may pass laws to prevent slaves from being brought into this State as merchandize only.
2. In the prosecution of slaves for crimes of a higher grade than petit larceny, the Legislature shall have no power to deprive them of an impartial trial by a petit jury.
3. Any person who shall maliciously dismember, or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed upon a free white person, and on like proof, except in case of insurrection of such slave.
ARTICLE IX.— Impeachment. Sec. 1. The power of impeachment shall be vested in the House of Representatives.
2. Impeachments of the Governor, Lieutenant-governor, attorney-general, secretary of State, treasurer, comptroller, and of the judges of the district courts, shall be tried by the Senate."
3. Impeachments 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.
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 convicted shall
, nevertheless, be subject to indictment, trial, and punishment, according to law.
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 appointing power may make a provisional appointment, to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment.
6. The Legislature shall provide for the trial, punishment, and removal from office, of all other officers of the State, by indictment, or otherwise.
ARTICLE X.-Education. Sec. 1. A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the Legislature of this State to make suitable provision for the support and maintenance of public schools.
2. The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support, by taxation on property; and it shall be the duty of the Legislature to set apart not less than one-tenth of the annual revenue of the State derivable from taxation, as a perpetual fund, which fund shall be appropriated to the support of free public schools; and no law shall ever be made diverting said fund to any other use; and until such time as the Legislature shall provide for the establishment of such schools in the several districts of the State, the fund thus created shall remain as a charge against the State, passed to the credit of the free commonschool fund.
3. All public lands which have been heretofore, or which may hereafter be, granted for public schools, to the various counties, or other political divisions in this State, shall not be alienated in fee, nor disposed of otherwise than by lease, for a term not exceeding twenty years, in such manner as the Legislature
4. The several counties in this State, which have not receiveå their quantum of lands, for the purposes of education, shall be entitled to the same quantity heretofore appropriated by the Congress of the republic of Texas to other counties.
ARTICLE XI. 1. All certificates for head-right claims to lands issued to fictitious persons, or which were forged, and all locations and surveys thereon, are, and the same were, null and void from the beginning.
2. The district courts shall be opened until the first day of July, one thousand eight hundred and forty-seven, for the establishment of certificates for head-rights not recommended by the commissioners appointed under the act to detect fraudulent land certificates, and to provide for issuing patents to legal claimants; and the parties suing shall produce the like proof, and be subjected to the requisitions which were necessary and were prescribed by law, to sustain the original application for the said certificates; and all certificates above referred to, not established or sued upon before the period limited, shall be barred; and the said certificates, and all locations and surveys thereon, shall be forever null and void; and all re-locations made on such survey, shall not be disturbed until the certificates are established as above directed.
ARTICLE XII.—Land Office. 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 government, shall be registered. And the Legislature may establish, from time time, such subordinate offices as they may deem requisite.