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THE CONSTITUTION

OF

THE STATE OF TEXAS.

We the people of Texas, acknowledging with gratitude the Grace of God in permitting us to make choice of our form of government, do ordain and establish this Constitution.

ARTICLE 1.-BILL OF RIGHTS.

That the general, great, and essential principles of Liberty and Free Government may be recognized and established we declare that

SECTION 1. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the unalienable right to alter, reform or abolish their form of government, in such manner as they may think expedient.

SEC. 2. All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive separate public emoluments or privileges, but in consideration of public services.

SEC. 3. No religious test shall ever be required as a qualification to any office or public trust in this State.

SEC. 4. All men have a natural and indefeasable right to worship God according to the dictates of their own consciences; no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent: no human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion; and no preference shall ever be given by law to any religious societies

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or mode of worship. But it shall be the duty of the Legislature to pass such laws as (may) shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship.

SEC. 5. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being ble for the abuse of that privilege and no law shall ever be passed curtailing the liberty of speech or of the press.

SEC. 6. In prosecutions for the publication of papers investigating the official conduct of officers, or men, in a public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other

cases.

SEC. 7. The people shall be secure in their persons, houses, papers, and possessions from all unreasonable seizures or searches ; and no warrant to search any place or to seize any person or thing, shall issue, without describing them as near as may be, nor without probable cause supported by oath or affirmation.

SEC. 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury; he shall not be compelled to give evidence against himself; he shall have the right of being heard by himself or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor; and no person shall be holden to answer for any, criminal charge, but on indictment or informotion except in cases arising in the land or naval forces, or offences against the laws regulating the militia; provided, that in criminal prosecutions, the punishment whereof shall be fine not exceeding one hundred dollars, and imprisonment not exceeding thirty days, or either, or any less punishment, the accused may be tried for the same by a jury, or otherwise as the Legislature may provide.

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SEC. 9. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident; but this provision shall not be so construed as to prohibit bail after indictment found, upon an examination of the evidence by a Judge of the Supreme or District Court, upon the return of a writ of habeas corpus returnable in the county where the offence is committed, or to such other Counties as the same may by consent of parties be made returnable.

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SEC. 10. The privileges of the writ of habeas corpus shall

not be suspended, except when in case of rebellion or invasion the public safety may require it.

SEC. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person, for an injury done hin in his lands, goods, person, or reputation, shall have remedy by due course of law.

SEC. 12. No person, for the same offence, shall be twice put in jeopardy of life or limb, nor shall a person be again put upon trial for the same offence after a verdict of not guilty; and the right of trial by jury shall remain inviolate."

SEC. 13. Every citizen shall have the right to keep and bear arms, in the lawful defence of himself or the State.

SEC. 14 No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made, and no person's property shall be taken or applied to public use, without adequate compensation being made, unless by the consent of such person.

SEC. 15. No person shall ever be imprisoned for debt. SEC. 16. No citizen of this State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.

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SEC. 17. The military shall at all times be subordinate to the civil authority.

SEC. 18. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed; ner shall the law of primogeniture or entailments ever be in force in this State.

SEC. 19. The citizens shall have the right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other purposes, by petition, address, or

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remonstrance.

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SEC. 20. No power of suspending laws in this State shall be exercised, except by the Legislature or its authority.

SEC. 21. To guard against transgression of the high powers herein delegated, we declare that everything in this Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

ARTICLE II-DIVISION OF THE POWERS OF GOVERNMENT.

SECTION 1. The powers of the Government of the State of

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Texas shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy-to-wit: those which are legislative to one, those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of those departments, shall exercise any power, properly attached to either of the others, except in the instances herein expressly permitted.

ARTICLE III.-LEGISLATIVE DEPARTMENT.

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SECTION 1. Every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and shall have resided in this State one year next preceding an election, and the last six montos within the district, county, city or town in which he offers to vote, (Indians not taxed, Africans and descendants of Africans excepted,) shall be deemed a qualified elector; and should such qualified elector happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer; provided, that the qualified electors shall be permitted to vote anywhere in the State for State officers; and provided further, that no soldier, seaman or marine, in the army or navy of the United States, shall be entitled to vote at any election created by this Constitution.

SEC. 2. Electors in all cases shall be privileged from arrest during their attendance at elections, and in going to and returning from the same, except in cases of treason, felony or breach of the peace.

SEC. 3. The Legislative powers of this State shall be vested in two 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."

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SEC. 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shali be two 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.

SEC. 5. No person shall be a representative unless he be a white citizen of the United States, and shall be a qualified elector at the time of his election, and a resident of the State for five years next preceding his election, and the last year thereof a citizen of the county, city, town or district for which he shall be chosen.

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