Liberty of

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

of the press.

Evidence in prosecution for libel.

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 ry in trial for 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.

Rights of ju

libel.

Protection against

SEC. 7. The people shall be secure in their [persons, ] houses, papers and possessions, from all unreasonable seizures or sea[r]ches; and no searches and 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.

seizures.

sons.

:

Rights of ac- SEC. 8. In all criminal prosecutions, the accused shall have a cused per 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 information, except in cases arising in the land or naval forces, or offences against the laws regulating the militia.

Bail in certain cases.

• Writ of "Ha

SEC. 9. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great; 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 the [a] writ of habeas corpus, returnable in the county where the offence is committed.

SEC. 10. The privileges of the writ of habeas corpus shall not be beas Corpus." suspended, except when in case of rebellion or invasion the public Excessive bail safety may require it.

shall not be re

quired, nor ex- SEC. 11. Excessive bail shall not be required, nor excessive fines cessive fines imposed, nor cruel or unusual punishments inflicted. All courts shall usual punish- be open; and every person for an injury done him in his lands, goods, ment inflicted; person, or reputation, shall bave remedy by due course of law.

imposed or un

open court.

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

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

arms guaranteed.

No bill of at

SEC. 14. No bill of attainder, ex post facto law, retroactive law, or tainder, ex post 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

facto or retroactive law to be made.

No imprison- person.

ment for debt.

No person to be outlawed, exiled or depriv

SEC. 15. No person shall ever be imprisoned for debt,

SEC. 16. No citizen of this State shall be deprived of life, liberty, ed of life, liber- property, or privileges, outlawed, exiled, or in any manner disfran due process of chised, except by due course of the law of the land.

ty, &c. without

law.

Military subor

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

dinate to civil authority.

authority.

Parpetuities,

monopolies,

SEC. 18. Perpetuities and monopolies are contrary to the genius

of a free government, and shall never be allowed: nor shall the law primogeniture, of primogeniture or entailments ever be in force in this State.

&c.

petition.

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

Suspension of

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

shall be except

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

ARTICLE II.

DIVISION OF THE POWERS OF GOVERNMENT.

ers of gov't.

defined.

SECTION 1. The powers of the government of the State of Texas Departm'ts shall be divided into three distinct departments, and each of them be of governm't 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.

tors.

SECTION 1. That all persons who were citizens of the State of Texas on the second day of March, eighteen hundred and sixty-one; Qualifica all persons born after that time, of parents citizens of this State; all tions of elecpersons born in this State of parents residing in and entitled to acquire the rights of citizenship; all citizens of either of the Confederate States of America, or of any State which may hereafter be admitted into union with the Confederate States of America, on terms of equality with them, immigrating to and permanently residing in this State; all persons naturalized by the Constitution and laws of the Confederate States of America and of this State, and permanently residing therein, (Indians not taxed, negroes and their descendants excepted,) shall be citizens of the State of Texas.

SEC. 2. All free male citizens of this State, as defined in the preceding section, over the age of twenty-one years, who shall have resided in this State one year next preceding an election, and the last Qualified six months in the district, county, city or town in which they offer to electors. vote, shall be deemed qualified electors; and should any 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, and qualified electors shall be permitted to vote anywhere in the State for State officers; provided, that no soldier, seaman or marine in the regular army or navy of the Confederate States of America, shall be entitled to vote at any elec tion created by this Constitution.

Where votes

may be cast.

SEC. 3. Electors in all cases shall be privileged from arrest Pivileges of during their attendance at elections, and in going to and returning electors.

Privileges of from the same, except in cases of treason. felony, or breach of the peace.

electors.

The Legisla ture.

Style of laws.

'of office.

SEC. 4. 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] the laws shall be. "Be it enacted by the Legislature of the State of Texas."

Representa SEC. 5. The members of the House of Representatives shall be tives-term chosen by the qualified electors, and their term of office shall 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.

Biennial ses

sions.

Qualificat❜ns for Representatives.

See secs. 25,

26, and 27 of this Art.

Elections

generally.

Senators

their term of office.

Classification of.

New Senators-how classified.

Senatorial

SEC. 6. No person shall be a Representative, unless he be a citizen of this State, and shall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the district, 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.

SEC. 7. All elections by the people shall be held at such time and places in the several counties, cities or towns, as are now, or may hereafter be designated by law.

SEC. 8. The Senators shall be chosen by the qualified electors for the term of four years; and shall be divided by lot into two classes, [as] nearly equal as can be. The seats of Senators of the first class shall be vacated at the expiration of the first two years; and of the second class at the expiration of four years; so that one-half thereaf shall be chosen biennially thereafter.

SEC. 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.

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

Districts. Qualificat'ns SEC. 11. No person shall be a Senator unless he be a citizen of for Senators. this State, and shall have been an inhabitant of this State three years See secs. 25, next preceding the election, and the last year thereof a resident of 26 and 27 of the district for which he shall be chosen, and have attained the age this Art. of thirty years.

Houses.

SEC. 12. The House of Representatives, when assembled, shall Organization elect a Speaker and its other officers, and the Senate shall choose a of the two President for the time being, and its other officers. Each House shall Qualificat'ns. judge of the qualifications and elections of its own members, but Contested el- contested elections shall be determined in such manner as shall be ect'ns. Quo-directed by law. Two-thirds of each' House shall constitute a quojournments. rum 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.

rum.

Ad

over mem

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

bers.

Journals.

Vacancies in

SEC. 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 three members present, be entered on the journal[s].

SEC. 15. When vacancies happen in either House, the Governor, the Legisla or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies.

ture.

privileges.

SEC. 16. Senators and Representatives shall in all cases, except in Members' 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 twenty miles, such member may reside from the place at which the Legislature is convened. SEC. 17. Each House, may punish by imprisonment during the Punishments 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 fortyeight hours.

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

Open doors

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

ment, &c.

SEC. 20. Bills may originate in either House, and be amended, Passage of altered, or rejected by the other; but no bill shall have the force of bills. a law until on three several days it be read in each House, and free discussion be allowed thereon, unless in case of great emergency, four-fifths 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.

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

SEC. 22. After a bill or resolution has been rejected by either Rejected branch of the Legislature, no bill or resolution containing the same bills. substance, shall be passed into a law during the same session.

SEC. 23. Each member of the Legislature shall receive from the Compensat❜n public Treasury, a compensation for his services, which may be in- of members. creased or diminished by law; but no increase of compensation shall this Art. take effect during the session at which such increase shall be made.

See Sec. 34 of

fices.

SEC. 24. No Senator or Representative shall, during the term for Ineligibility which he may be elected, be eligible to any civil office of profit of members under this State, which shall have been created, or the emoluments to other of 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 Presid'nt pro voting for a member of their own body, for any office whatever, tem. of Senexcept it be in such cases as are herein provided. The President ate. for the time being of the Senate, and the Speaker of the House of Speaker of Representatives, shall be elected from their respective bodies.

the House.

ble. No two

SEC. 25. No Judge of any court of law or equity, Secretary of Holders of luState, Attorney General, Clerk of any court of record, Sheriff or crative offiCollector, or any person holding a lucrative office under the Con- ces ineligifederate States of America, or this State, or any foreign government, offic's of tr'st shall be eligible to the Legislature; nor shall any person at the same or profit to time, hold or exercise any two offices, agencies or appointments of be held by trust or profit under this State; provided that offices of the militia, same person. to which there is attached no annual salary, and the office of Justice of the Peace shall not be deemed lucrative.

Collectors &

SEC. 26. No person who at any time may have been collector of taxes, or who may have been otherwise entrusted with public money, Collecto shall be eligible to the Legislature, or to any office of profit or under the State government, until he shall have obtained a disc. rge ey ineligible.

ust

of public mon

Ministers ineligible.

for the amount of such collection, and for all public moneys with which he may have been entrusted.

SEC. 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.

SEC. 28. Elections for Senators and Representatives shall be genCertain elec eral throughout the State, and shall be regulated by law. tions gene

.ral.

Census.

Sec. 30 & 32 obsolete and

SEC. 29. The Legislature shall at their first meeting, and in the year one thousand eight hundred and forty-eight and fifty, and every eight 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 forty-five, nor more than ninety.

"[Sections 30 and 32, being obsolete, are omitted.]" omitted. SEC. 31. The whole number of Senators shall at the next session after the several periods of making the enumeration, be fixed by Apportion- the Legislature, and be apportioned among the several districts to be ment of Sen- established by law, according to the number of qualified electors. and shall never be less than nineteen nor more than thirty-three.

ators.

SEC. 33. The first session of the Legislature, after the adoption of this Constitution by the Congress of the United States, shall be Seat of Gov- held at the city of Austin, the present seat of government, and thereafter, until the year one thousand eight hundred and fifty; after which period the seat of government shall be permanently located by the people.

ernment.

SEC. 34. The members of the Legislature shall, at their first session, receive from the Treasury of the State as their compensation, Compensat❜n of members three dollars for each day they shall be in attendance on, and three of Legisla dollars for every twenty-five miles traveling to and from the place of convening the Legislature.

ture:

ernment.

SEC. 35. In order to settle permanently the seat of government, Election for an election shall be holden throughout the State, at the usual places seat of Gov- of holding elections, on the first Monday in March, one thousand eight hundred and fifty; 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 one thousand eight hundred and seventy, unless the State shall sooner be divided. But in case neither place voted for shall have the majority of the whole number of 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, one thousand eight hundred and fifty, between the two 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 herein before provided.