The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-10-01
THE DAILY UNION

tin, the present seat of government, and thereafter
until the year one thousand eight hundred and hfy
after which period, the seat OF government shsii 20
permanently located by the people.
SEC. 80. The members Of the Legislature shall az
their first session receive from the treasury OF the
Stateas their compensation, three dollars Tor escn
day they shall be in attendance on, ana three ao.
lars for every twenty-five miles travelling to ana
from the place Of convenng the legislature.
SIC. "a. In order 10 settle permanently the seat
of government, election shall be holden through
out the State, the usual places of holding cleo.
tons, on the first Monday in March, one thousand
eight hundred and ffy--which shall be conducted
according to law--at which time the people shall
vote for such place as they may see proper for the
of government. The returns of said election 10
be transmitted to the governor by the first Monday
in June: il either place voted for shall have ma
ority of the whole number of votes cast, then the
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
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 Mon
day in October, one thousand eight hundred and nj
ty, between the two places having the highest num-
Der of votes at the first election The election shall
be conducted in the manner at the hrst, 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 provided
ARTICLE FOURTH.
Judicial Department.
| SECTION l. The judicial power 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 ju
risdiction may be vested in corporation courts as
may be deemed necessary, and be directed by law
SEC. 2. The supreme court shall consist of chief
justice and two associates, any two OF whom shall
| form quorum.
| SEC. 3. The supreme court shall have appellate
! jurisdiction only, which shall he 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 legis-
ature 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 pre-
scribed by law, may issue writs of mandan,us, and
such other writs shall be necessary enforce its
own jurisdction and also compel judge Of the dis
| trict 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 than three places in
| the State.
SEC. A. The supreme court shall appoint its own
clerks, who shall hold their offices for four years.
and be subject to removal by the said court for
glect of duty, misdemeanor in office, and such other
causes as may be prescribed by law.
/ Sec 5. The governor shall nominate and, by and
with the advice and consent of two-thirds Of the
senate, shall appoint the judges Of the supreme and
district courts, and they shall hold their offices for
six years.
Sec. 6. The State shall be divided into convenient
judicial districts. For each district there shall be
| appointed Judge, who shall reside in the same,
and hold the courts at one place in each county, and
at least twice in each year, in such manner as may
be prescribed by law.
SEC. I. The judges of the supreme court shall re-
ceive salary not less than two thousand dollars
nually, and the judges of the district court salary
not less than seventeen hundred and fifty dollars an
nually; and the salaries of the judges shall not be
increased or diminished during their continuance in
Office
i SEC. 8. The Judges of the supreme and district
courts shall be removed by the governor on the ad-
dress of two-hirds Of each house Of the legislature
for wilful neglect of duty, other reasonable
which shall not be sufficient ground for impeach-
ment: provided, however, that the cause or causes
for which such removal shall be required, shall be
stated length in such address, and entered on the
journals of each house: and provided, further that
the or causes shall be notified 10 the Judge so
intended to be removed and he shall be admitted TO
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 each house respectively.
SEC. y. All judges Of the supreme and district
courts shall, by virtue of their Offices, be conserve
u tors of the pence throughout the State. The style
Of all wrts and process shall be he State of Tex
as" All prosecutions shall be carried on in the
name and by the authority of the estate Of Texas p
and conclude "against the peace and dignity of the
State.n
i SEC. 10. The district court shall have original
jurisdiction of all criminal cases, of all suits in be-
half of the State to recover penalties, foreitures
and escheats and Of all cases of divorce and of all
suits, complaints, and pleas whatever, without re-
gard to any distinction between law and equity,
1 when the matter in controversy shall be valued at
or amount to, hundred dollars exclusive of in
u n sal mr. IL iudU here
shall have power to issue all wrts necessary to en-
force their jurisdiction, and give them general
superintendent and control over inferior jurisdc-
II tons.
And in the trial of all criminal cases. the jury try
ing the same shall fine and assess the amount OF
punishment to be inflicted, or fine imposed, except
in capital cases, and where the punishment or fine
imposed shall be specifically imposed by law.
SEC. ii. 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
!. removal by information, or by prcsentment OF
grand jury, and conviction of petit Jury. In
case of vacancy, the Judge of the district shall have
the power to appoint clerk until regular election
can be held.
SEC. IL. The governor shall nominate, and by and
with the advice and consent of twothrds of the Sen.
ate appoint attorney general who shall hold his Of
fee for two years. and there shall be elected by joint
vote of both houses Of the legislature, district at
torney for each district who shall hold his Office for
years; and the duties, salaries, perquistes OF
the attorney general and district attorneys, shall be
prescribed by law.
SEC. ID. There shall be appointed for each coun.
ty convenient number ofjustces of the peace one
sheriff. one coroner and sufficient number Of con.
stables, who shall hold their Offices for two years.
be elected by the qualified voters of the district OF
county, as the legislature may direct. Justices OF
the peace, sheriff, and coroner shall be commissions
ed by the governor. The sheriff shall not be eigi-
BILE more than four years in every six.
SEC. IA. No judge shall sit in any case wherein
he may be interested, where either of the parties
may be connected with him by affinity or consan-
i guinity, within such degrees may be prescribed
BY law, or where he shall have been of counsel in
the cause When the supreme court, or any two
of its members, shall be thus disqualified to hear
and determine shy cause or causes in said court OF
when no judgment can be rendered in any case OF
cases in said court by reason ofthe equal division Of
opinion of said Judges the same shall be certified TO the