member, shall 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. Nors all members of either House vote for a member of their own body, though he resign his seat in the same, for Senator in the Congress of the United States. Nor shall members thereof be capable of voting for a member of their own body for any office whatever, except it be for Speaker of the House of Representatives, and President for the time being of the Senate, who shall be elected from their respective bodies.

SEC. 24. 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 two offices, agencies or appointments of trust or profit under this State; provided, that officers of the militia to which there is attached no annual salary, the office of Notary Public, and the office of Justice of the Peace, shall not be deemed lucrative; and that one person may hold two or more county offices, if so provided by the Legislature.

SEC. 25. 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 money with which he may have been entrusted.

SEC. 26. 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.

SEC. 27. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.

SEC. 28. The Legislature shall cause an enumeration to be made every ten years, commencing on the 6th day of February, A. D. 1875, of all the inhabitants, (including Indians taxed) of the State, designating particularly the number of qualified electors, and the age, sex and color of all others, (herein following the classification of the United States census,) 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 and towns according to the number of white population in each, and shall not be less than forty-five, nor more than ninety; provided, that there shall be

an enumeration and an apportionment made in the year 1870, in the manner here indicated.

SEC. 29. Until changed by law, the act of apportionment passed the 6th day of February, A. D. 1860, by the Legislature of this State, shall remain in force.

SEC. 30. 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 thirty-three.

SEC. 31. The members of the Legislature shall, at their first session hereafter, receive from the Treasury of the State, as their compensation, eight dollars for each day they shall be in attendance, and eight dollars for each twenty-five miles in traveling to and from the seat of government. The above rates of compersation shall remain till changed by law.

SEC. 32. The Legislature shall proceed as early as practicable to lect Senators to represent this State in the Senate of the United States, and also provide for the election of Representatives to the Congress of the United States.

SEC. 33. The City of Austin is hereby declared to be the seat of government of this State until removed by an election of the people; and the title to the tract of land surveyed by virtue of the headright certificate of Samuel Goucher, for one-third of a league which was selected and condemned to the use of the Republic of Texas under an act of the Republic of Texas, entitled An Act for the permanent location of the seat of government," approved the 14th day of January, A. D. 1839, be and the same is hereby confirmed; any irregularity or failure to make proper parties or other defects in the proceedings had under said act to the contrary notwithstanding; provided, nevertheless, that the lawful owner of said land, his heirs, assigns or legal sepresentatives, may at any time within one year from the adoption of this Constitution, institute proceedings and have compensation as provided by act of the Legislature of the State of Texas, entitled "An Act for quieting the title to real estate in the City of Ausapproved 18th December, 1857.

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ARTICLE IV. JUDICIAL DEPARTMENT.

SECTION 1. The Judicial power of this State shall be vested in one Supreme Court, in District Courts, in County Courts, and in such Corporation Courts and other inferior Courts or tribu

nals as the Legislature may from time to time ordain and establish. The Legislature may establish Criminal Courts in the principal cities within the State. with such criminal jurisdiction, co-extensive with the limits of the county wherein such city may be situated, and under such regulations as may be prescribed by law; and the Judge thereof may preside over the Courts of one or more cities, as the Legislature may direct.

SEC. 2. The Supreme Court shall consist of five Justices, any three of whom shall constitute a quorum. They shall be elected by the qualified voters of the State at a general election for State or County officers, and they shall elect from their own number a presiding officer, to be styled the Chief Justice; they shall have arrived at the age of thirty-five years at the time of election; shall hold their offices for the term of ten years, and each of them shall receive an annual salary of at least four thousand five hundred dollars, which shall not be increased or diminished during his term of office.

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, below the grade of felony, and in appeals from interlocutory judgments, with such exceptions and under such regulations as the Legislature shall make. The Supreme Court, and the Judges thereof, shall have power to issue the writ of habeas corpus; and under such regulations as may be prescribed by law, the said Court and the Judges thereof, may issue the writ of mandamus, and such other writs as may be necessary to enforce its own jurisdiction. The Supreme Court shall also have power, upon affidavits, or otherwise as by the Court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit, for the transaction of business, from the first Monday of October until the last Saturday of June of every year, at the Capital, and at not more than two other places in the State.

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SEC. 4. The Supreme Court shall appoint its own clerks, who shall give bond in such manner as is now, or may hereafter be required by law; shall hold their offices for four years; and shall be subject to removal by the said Court, for good cause, entered of record on the minutes of said Court.

SEC. 5. The State shall be divided into convenient Judicial Districts. For each District there shall be elected by the qualified voters thereof, at a general election for State or County officers, a Judge who shall reside in the same; shall hold his office for the term of eight years; shall receive an annual salary of not

less than three thousand five hundred dollars, which shall not be increased or diminished during his term of service, and shall hold the Courts at one place in each County in the District, at least twice in each year, in such manner as may be prescribed by law.

SEC. 6. 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; of all cases of divorce; of all suits to recover damages for slander or defamation of character of all suits for the trial of title to land; of all suits for the enforcement of liens; of all suits for the trial of the right of property, levied on by virtue of any writ of execution, se questration, or attachment, when the property levied on shall be equal to, or exceed in value one hundred dollars; and of all suits, complaints or 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 and the Judges thereof, shall have power to issue writs of injunction, certiorari, and all other writs necessary to enforce their own jurisdiction, and to give them a general superintendence and control over inferior tribunals. : The District Courts shall have appellate jurisdiction in cases originating in inferior Courts, which may be final in such cases as the Legislature may prescribe; and original and appellate jurisdiction and general control over the County Court 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 transactim of business appertaining to estates; and original jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be prescribed by law."

SEC. 7. 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 reinoval by information or by indictment of a grand jury, and conviction by a petit jury. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, until a regular election can be held.

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SEC. 8. In the trial of all causes in equity in the District Courts, 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.

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 process 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. In the case of a vacancy in the offices of Justice of the Supreme Court, Judges of the District Court, AttorneyGeneral, and District Attorneys, the Governor of the State shall have power to fill the same by appointment, which shall continue in force until the office can be filled at the next general election for State or county officers, and the successor duly qualified.

SEC. 11. 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 cach House respectively.

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SEC. 12. 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 degieés as may be prescribed by law, or where he shall have been of counsel in the case. When the Supreme Court, or any three of its members, shall be thus disqualified to hear and determine any case or cases, 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 immediately commission the requisite number of persons, learned in the law, for the trial and determination of said case or cases. When a Judge of the District Court is thus disqualified, the parties may, by consent, appoint a proper person to try the said case; or, upon their failing to do so, a competent ›› person shall be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. And the District Judges may exchange districts, or hold Courts for each other, when they may deem it expedient, and shall do so when directed by law. The disqualification of Judges of inferior tribunals shall be remedied, and vacancies in their offices shall be filled as prescribed by law.