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Constitution of the State of Texas (1869)

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Index to Constitution

A

ABSENCE    
  from State, or United States 35
     
ACCUSED    
  bailable, when 5
  how holden to answer on criminal charge 5
  to be heard in defence 4
  to have compulsory process for witnesses 5
  to be confronted with witnesses 4
     
ADDRESS    
  right of, 6
  removal by, 41
     
ADJOURNMENT   9-10
   
ADMINISTRATION    
  letters of 24
     
ADVERSE POSSESSION    
  against married women, infants and insane 36
     
AFFIDAVIT    
  of probable cause, for search 4
     
AGENCIES·OF IMMIGRATION   33
     
APPEALS    
  From interlocutory judgments 22
  in criminal cases 22
     
APPORTIONMENTS    
  for Representative and Senatorial districts 8-14
     
APPORTIONMENTS-continued.    
  new, to be made how often 8
  Senatorial districts not to be separated 8-9
     
APPROPRIATIONS    
  For internal improvements 35
  for private purposes 35
  term for which made 35
     
APPROPRIATIONS FOR IMMIGRATION    
  To what devoted 33
     
ARBITRATION   35
     
ARCHIVES    
  of land titles 20
     
ARMS    
  right to keep and bear 5
     
ARREST    
  by Legislature 10
  Elector privileged from, at election 7
  exception to this 7
  members of Legislature privileged from 10
  exceptions to this 10
     
ASSEMBLY    
  right of 6
     
ASSERSORS AND COLLECTORS   38
  who to be 34
  to receive instructions from Comptroller 20
  delinquent, annual list of 20
  to return annual list of tax payers 20
     
ATTENDANCE    
  Of members of Legislature may be compelled 9
     
ATTORNEY GENERAL    
  appointment, ualifications, term of office, residence and duties of 20
  impeachment of 29

B

BAIL .AND BAILABLE OFFENSES   5
  bail not to be excessive 5
     
BILLS    
  How originated, amended and passed 10
  rejected-not to pass during same session 10
  to be presented to Governor for approval 21
  proceedings thereon 21
  reconsideration of 21
  if not returned within five days—what 21
  if presented one day before adjournment 21
  of appropriations in bills, approval, &c 21
     
BILLS OF ATTAINDER   5
     
BILL OF RIGHTs--    
  U. S. Constitution, laws and treaties, supreme 3
  social compacts may be formed 4
  no religious tests required 4
  no exclusive privileges 4
  of worship and support of ministry 4
  of conscience and religion 4
  protection of. religious denominations 4
  liberty of speech and the press 4
  truth of publication may be given in evidence 4
  jury to determine law and facts, when 4
  of seizures and searches 4
  speedy public trial before jury 4
  giving evidence against one's self 4
  being heard by self and counsel 4
  witnesses, in favor of accused 5
  trial on indictment and information 5
  bail and habeas corpus 5
  excessive fines and punishment 5
  remedy by law 5
  of jeopardy of life, and trial after verdict 5
  inviolability of trial by jury 5
  keeping and bearing arms 5
  bills of attainder, ex post facto laws, &c 5
  equality of persons before the law 5-6
  life, liberty and the franchise 5
  military and civil authority 6
     
BILL OF RIGHTs-continued.    
  perpetuities, monopolies, primogenitures, &c 6
  right of assembly and petition 6
  coolies, peonage and slavery 6
     
BIRTHS    
  To be recorded 38
     
BOARD OF IMMIGRATION   33
     
BRIBERY    
  Of members of Legislature 11
  laws to exclude from office and suffrage for 34

C

CAPITAL .AND CAPITOL- (See " Seat of Government.")  
CAPITAL PUNISHMENT jmprisonmcnt    
  for life may be substituted for 24-26
  death penalty, for what offenses 26
     
CERTIFICATES    
  Of Secretary of Convention 43
  of Commission 47
  of Elections, to be returned to Commanding General 45-46
     
CHALLENGES   34
     
CHIEF JUSTICES-- (See " Supreme Court" and "Justices of Peace.")  
  of Counties, to receive returns 15
     
CHILDREN-    
  adoption of 36
     
CLERK    
  of Supreme Court, term of office, bond of, and removal of 23
  of District Court, how elected, term of office, duties of, and removal  
  of 24
     
COHABITATION   38
     
COLLECTORS    
  who are 38
     
COLLECTORS-continued.    
  ineligible to Legislature 11
     
COMMANDER-IN-CHIEF   17
     
COMMANDING GENERAL-· to prescribe place and regulations for holding elections for ratification    
  of Constitution 45
  Returns to be made to 45
  of State, District and County officers, also Congressional  
  Certificates of their election to be given by him 45-46
  requested to enforce declaration 46
     
COMMISSIONS    
  be in name of the State 19
  how signed, sealed and attested 19
  of Sheriffs and Justices of the Peace 27
     
COMMISSIONER OF GENERAL LAND OFFICE    
  election, qualification, term of office, duties of 20
  impeachment of 29
COMPENSATION    
  Of members of Legislature . 11-12
  of Governor 17
  of Lieutenant Governor 19
  of President of the Senate for time being 19
  of Secretary of State 21
  of Comptroller 21
  of Treasurer 21
  of Commissioner of Land Office 21
  of Judges of Courts 25
  of District Attorney 25
  of Sheriff 27
  of District Clerks 27
  of Justices of the Peace 27
  of other officers, agents and contractors 34-35
  deductions from salaries-when made 35
  salaries·not to be paid-when 41
     
COMPLAINTS   23
     
COMPTROLLER OF PUBLIC ACCUNTS    
  Election of 19
  Qualifications 19
     
COMPTROLLER OF PUBLIC ACCOUNTs--continued.    
  term of office 20
  duties 20
  impeachment of 29
     
COMPULSORY PROCESS    
  For obtaining witnesses 4-5
     
CONGRESSIONAL DISTRICTS   44
     
CONGRESSIONAL ELECTIONS   46
     
CONSCIENCE    
  right of 4
  no religious test as qualification for office 4
  in matters of worship and its support 4
     
CONSTABLES    
  to serve process, when 26
  appointment of 27
  term of office 27
  removal of 27
     
CONSTITUTION    
  the Legislature to give effect to 42
  amendments 42
  Election for ·ratification or ·rejection of  
  when and where held 45
  vote, what to be 45
  provisions as to 45
  returns to be made to Commanding General 45
     
CONSTITUTION OF THE UNITED STATEs--    
  together with the laws and treaties made in pursuance thereof  
  acknowledged to be the supreme law 3
  this Constitution in harmony with, and subordinate to 3
     
CONTESTED ELECTIONS   9
     
CONTRACTS    
  obligation of, not to be impaired by law 5
  no law against enforcement of 5
     
COOLIES    
  Importation of, prohibited 6
     
CORONERS-    
  (See "Justice of the Peace.")  
     
COUNTIES    
  New Counties, establishment of 37
  size of 37
  number of qualified jurors in 37
  suffrage 37
  size of old counties 37
  qualified jurors in 37
  counties united, when 38
  to provide poor houses 38
     
COUNTY COMMISSIONERS    
  ( See " Justice of the Peace.")  
     
COURTS    
  to be open to all persons 5
Criminal   22
  District 22 to 28
  Justice and Police 22 to 28
  Supreme 22 to 28
     
CRIMINAL CASES    
  jury to assess fines and impose punishment in 24
  exceptions to this 24

D

DANGEROUS DISEASE   17
     
DEATHS    
  to be recorded 38
     
DEBT    
  Imprisonment for, forbidden 5
  of State or County-sinking fund for 37
  of State, created during rebellion, null and void 40
  Iegislature prohibited from payjng such 40
  of unpaid balances a.t beginning of rebellion 40
     
DECLARATION    
  Establishing Congressional Districts 44
  for elections 44
     
DEDUCTIONS    
  From salaries, when made 35
DISFRASCHISEMENT   6
     
DISQUALIFICATIONS    
  Of Judges to sit on trials 25
  proceedings on 25
  exchanges, because of 25
  appointments, because of 25
  of voters 28
     
DISTRICTS    
  Senatorial 8, 9, 13, 14,15-16
  Representative 8, 9, 13, 14, 15-16
  apportionment of Senators and Representatives 14
  returns to be received by Chief Justices 15
  Judicial 23
  Congressional 44
     
DISTRICT ATTORNEY    
  To receive instructions from Attorney General 20
  election of term of office, and salary 25
     
DISTRICT COURT    
  State to be divided into Judicial Districts 23
  one Judge for each district 23
  appointed by Governor and Senate 23
  term of office 23
  Residence of 23
  terms of Court 23
  election. to. be had as to election of Judges after July 4, 1876 23  
  Jurisdiction 23-24
  writ of habeas corpus, and other writs 23
  appellate, jurisdiction o£ 23
  original and exclusive jurisdiction in, what 23
  Clerk of 23
  how elected 23
  how removed 23
  duties of, as to estates of lunatics, idiots, minors and persons of  
     
DISTRICT COURT-continued.    
  unsound mind 24
  to be Clerk of Police and County Courts 24
  Judges, how removed 24-25
  not to sit in certain cases 25
  who to sit in such cases 25
  cases to be transferred, when 25
  sessions of 28
     
DIVISION OF THE POWERS OF GOVERNMENT   7
     
DIVORCE   36-40
     
DUELLING   34

E

ELECTIONS    
  For State, County and District officers, where 8
  polls, to be open, how long 8
  to be general 12
  for Judges 23
  by ballot, when 34
  in Legislature, how 34
  contested 34
  returns to Commanding General, when 45, 46
  of Representatives 8, 9
  of Senators 8, 9
  for ratification of Constitution  
  provisions concerning 45
  of State officers at time of Constitutional, provisions for 45
  for members of Congress 46
  Declarations  
  for Constitutional ratification 45
  Senatorial and other officers 45
     
ELECTORS    
  who are, residence of, registration of 7, 8
  where may vote, privilege from arrest, when 7, 8
  duelling, effect on 34
  conviction of certain crimes, effect on 34
     
ELIGIBILITY TO OFFICE    
  None but voters eligible 9
  of members of Legislature 8, 9
     
ELIGIBILITY TO OFFICE-continued.    
  of members, to other offices 11
     
ENDOWMENT    
  of school fund 30
     
ENTAILMENT    
  Law of, not allowed 6
EQUALITY BEFORE THE LAW    
  no person deprived of rights because of color, race and previous condition 6
     
EQUAL RIGHTS   4
EQUITY   26
ESCHEATS    
  to be in charge of Comptroller 20
  recovery of 23
     
ESTATES    
  of deceased persons 24
     
EXECUTIONS    
  to issue after adjournment, how 13
     
EXECUTIVE DEPARTMENT    
  consists of what 16
  how elected 16
  terms of office in 16
  powers·and duties of 17, 18, 19, 20
     
EXILE   6
     
EX POST FACTO LAW   5
     
EXPULSION    
  and punishment of members of Legislature 9
  for bribery 11

F

FELONY    
  Definition of, tried for, punishment of 26
     
FELONY-continued.    
  of fines of less grade, how tried 26
     
FINES AND FORFEITURES    
  may be remitted, when 18
  when assessed by jury 24
     
FISCAL AFFAIRS    
  To be in Charge of Comptroller 20
     
FORFEITURE    
  recovery 23
     
FORGERY   34
     
FRAUDS    
  towards loyal persons during rebellion, how redressed 40

G

GENERAL COMMANDING    
  (See '' Commanding General.'') 45
     
GENERAL PROVISIONS   34
     
GOVERNMENT    
  departments of 7-16
GOVERNOR    
  election of 16
  inauguration of 17
  salary of  
  to be Commander-in-Chief of militia 17
  exception thereto 17
  may require information from executive officers 17
  may fill vacancies, when 17
  may convene Legislature, when 17
  shall give information to Legislature 17
  to have laws faithfully executed 17
  may grant reprieves and pardons, when 18
  may remit fines and forfeitures, when 18
  may respite sentences, when, and how long 18
  must file reasons therefor 18
  shall make nominations to fill vacancies in Legislature, when 18
  shall not nominate rejected persons, when 18
  shall reside, where 18
  shall hold no other office 18
     
GOVERNOR-continued.    
  shall call out militia, when 28
  impeachment of 29
     
GUARDIANS    
  Appointment of 24
  settlement with 24

H

HABEAS CORPUS    
  not to be suspended except by act of Legislature, &c.  
  to be issued by Supreme and District Courts 23
     
HOMESTEADS--    
  when located, size of 33
  exempt from forced sales 36
  exemptions 36
  consent of wife 36
     
HOMICIDES    
  By person, corporation or company 38-39
  exemplary damages for  
  by whom recoverable 39
     
HOUSE OF REPRESENTATIVES AND SENATE--    
  Members-how chosen, term of office  
  privileged from arrest, (and exceptions,)  
  compensation of 11-12
  ineligibility to certain offices 11
  expulsion of 11
  ineligibility of certain persons to be 11
  bribery of 11-12
  sessions, annual  
  qualifications of Legislature 8-9
  House to consist of ninety members 8
  to elect Speaker and other officers 9
  each House is to be judge of election and qualifications of its own  
  members 9
  contested elections determined by law 9
  two-thirds constitute quorum 9
  less may adjourn 9
  may compel attendance of members 9
  may determine rules of order 9
  may punish and expel members, how 9
     
HOUSE OF .REPRESENTATIVES AND SENATE- continued    
  shall keep journals and publish same  
  yeas and nays, when to be entered on journals 9
  members may dissent, protest, &c.  
  vacancies. how filled 9
  may punish persons not members, when and how 10
  sessions open, when 10
  adjournment 10
  origination, passage or rejection of bills 10
  not to pass private or special laws 10
  not to vacate roads and streets 10
  rejected bills not to pass, or substance 10
  not to authorize lotteries 11
  elections to be general 12
  number of Senators, how apportioned 12
  election of United States Senators by 12
  impeachment in 29
     
HUSBAND AND WIFE    
  who are 38

I

IDIOTS    
  estates of 24
     
IMMIGRATION    
  Bureau, its objects 33
  Board, its duties and powers 33
  Superintendent, his duties and powers 33
  Agencies, where and for what 33
  Appropriations, objects of 33
     
IMPEACHMENT    
  Power of, where vested 28
  of the Governor 29
  of the Secretary of State 29
  of the Treasurer 29
  of the Comptroller 29
  of the Judges 29
  judgment in case of 29
  officers to be suspended in, when 29
     
lMPRISONMENT FOR DEBT-    
  prohibited 5
     
IMPRISONMENT FOR DEBT- continued.    
  for life, may be substituted for capital punishment 24
     
INAUGURATION OF GOVERNOR   17
     
INDICTMENT    
  Trial on, in cases of felony 26
     
INELIGIBILITY    
  of Senators and Representatives 11
  of persons holding offices of profit and trust 11
  of Collectors and others 11
  of members of Congress and others to State Legislature 35
     
INFANTS    
  rights of 36
     
INFORMATION-    
  by the Governor 17
     
INJURIES    
  Remedy for 5
     
INSANE PERSONS    
  rights of 36
     
INTEREST- (See "Usury.")  
     
INTERNAL IMPROVEMENTS    
  In counties, taxes for 39

J

JEOPARDY OF LIFE   5
     
JOURNALS OF LEGISLATURE   9
     
JUDGES, District    
  appointed, how 23
  provision for election of 23
  term of office 23
  residence 23
  how removed 24
  not to sit, when 25
     
JUDGES, District-continued.    
  disqualifications to sit 25
  exchanges 25
  salary 25
  impeachment 29
  Supreme  
  number of 22
  appointment or election of 22-23
  how classed 22
  presiding Judge 22
  vacancies in 24
  removals of 25
  not to sit, when 25
  disqualifications to sit 25
  salary 25
  impeachment 29
     
JUDGMENTS, Interlocutory-    
  appeals from 22
     
JUDICIAL DEPARTMENT    
  where vested 22
  Supreme Court 22
  Criminal Court 22
  District Court 23-24
  Justices of the Peace 26-27
     
JURISDICTION    
  of Supreme Court 22
  of District Court 23-24
     
JURORS    
  who are qualified 41
JURY    
  To determine law and evidence, when 4
  speedy and public trial before 4
  trial by  
  to assess fines and impose punishments, when 24
  powers over capital punishment, what 24
  trials by, in law and equity, when 26
     
JUSTICES OF THE PEACE    
  election of 24
     
JUSTICES OF THE PEACE-continued.    
  term of office and residence 27
  to constitute court 27
  jurisdiction 27
  terms of Court 27
  presiding justice 27
  justices to be notaries and coroners 27
  to appoint constables 27
  justices commissioned, how 27
  compensation and fees of 27
  trials and juries before 27
  to assess taxes  
     
JUSTICES' PRECINCTS   27

L

LAND    
  suits to recover 32
  titles 32
     
LAND PUBLIC    
  titles 32
  surveys not returned 32
  sales for taxes 37
  sales of, under decree of court 41
  heretofore given to counties 31
  heretofore reserved for railroads 32
  located after October 30, 1856 32
  certificates to be returned before January, 1875 37
  only to be granted to actual settlers 41
  not over 160 acres at one time 32
  mineral lands 32
  homesteads donated 33
     
LAND CERTIFICATES-    
  to be surveyed and returned, when 32
  vacated, when 32
     
LAND OFFICE, GENERAL    
  titles kept in 32
     
LAND OFFICES, SUBORDINATE    
  may be created 32
     
LAW AND EQUITY   26
     
LAW OF ENTAILMENT   6
     
LAW EX POST FACTO   5
     
LAW IMPAIRING OBLIGATION OF CONTRACTS   5
     
LAW OF PRIMOGENITURE   6
     
LAW RETRO-ACTIVE   5
     
LAWS DURING REBELLION   39
     
LAWS    
  to be revised and digested, when 40
  suspension of 6
  private and special 10- 3 6
  to be executed by Governor 17
  to embrace but one subject 36
  not to be revised or amended by title 36
     
LEGISLATIVE DEPARTMENT    
  what, how composed, powers, privileges and duties 7 to 13
  style of 7
  election of 8
  eligibility of members 8-9
  vacancies 9
  origination and passage of bills by 10
  ineligibility of members to other offices 11
  ineligibility 11-35
  elections to, how regulated 12
  seat of government, how fixed 12
  (See also "House of Representatives.")  
     
LEGISLATURE    
  how convened 17
  in case of dangerous disease or public enemy, how 17
  by Secretary of State, when 19
  during rebellion 39
  Provisional, of 1866 39
  to give effect to Constitution 42
  may propose amendments to Constitution 42
     
LEGISLATURE-continued.    
  elected under this Constitution, to convene on second Monday of  
  September, 1869 45
     
LEGITIMACY   38
     
LIBELS    
  In prosecutions for, jury to determine facts  
  in prosecutions for publication of papers, investigating official 4
  conduct, the truth may be given in evidence 4
     
LIBERTY OF CONSCIENCE   4
     
LIBERTY OF SPEECH AND OF THE PRESS   4
  deprivation of 6
     
LIEN    
  suits on 23
  for taxes 37
  on articles manufactured, labor and materials 42
     
LIEUTENANT GOVERNOR    
  how and when elected 18
  to be President of the Senate 18
  to give casting vote 18
  to exercise powers of Governor, when 19
  in case of death or inability 19
  compensation 19
     
LIFE    
  no person to be deprived of, except 5, 6
     
LIMITATIONS, STATUTE OF    
  against married women, infants and insane persons  
  suspension of 41
     
LIQUORS    
  sale of 42
LOTTERIES AND LOTTERY TICKETS   11, 40
     
LUNATICS    
  estates of 24

M

MANDAMUS    
  And other writs-issued by Supreme and District Courts 23
     
MARRIAGES   38
  to be recorded 38
     
MARRIED WOMEN    
  Rights of 36
     
MATRIMONY-    
  rights in 38
     
MECHANICS AND ARTISANS    
  lien of 42
     
MILITARY    
  subordinate to civil authority 6
     
MILITIA    
  may be called out by Governor, when 28
     
MINERALS   33
     
MINISTER OF THE GOSPEL    
  accepting seat in Legislature 39
     
MINISTRY    
  not to be maintained against consent  
     
MINORS    
  estates of 24
  emancipation of  
     
MONEY    
  how drawn from Treasury 35
  account of receipts and expenditures 35
  Treasury warrants and notes not to circulate as 35
     
MONEY BILLS    
  how passed 10
     
MONEY, PUBLIC    
  by whom kept 20
     
MONEY    
  Warrants for 20
  to whom drawn 20
  countersigned by whom 20
     
MONOPOLIES    
  not to be allowed 6

N

NEGLECT    
  of duty of public officers 35
     
NOTARIES PUBLIC- (See "Justices of the Peace.")  
     
NULL AND VOID    
  ordinance of secession is 39
  laws arising thereunder are 39
  provisions therefor 39
  debts created by State during the rebellion are 40

O

OATH    
  of members of the Legislature 34
     
OFFICES    
  duration of 40
     
OFFICES    
  where kept 36
  of profit and trust 11
  what are not so deemed 11
  two not to be held in certain cases 11
  may be in county offices 11
  duties to be performed, bow long 36
     
ORDERS    
  to go to Governor, what 21
     
0UTLAWRY   6

P

PARDONS    
  may be granted by Governor, when 18
     
PENALTIES    
  recovery of 23
     
PENSIONS   38
     
PEONAGE    
  prohibited 6
     
PERRJURY   34
     
PERPETUITIES    
  not allowed 6
     
PERSONAL .EQUALITY   6
     
PETITION    
  right of  
     
PETTY OFFENSES    
  punishment of 38
     
POLLS    
  for State, County, and District elections 8
  where opened, and for how long 8
     
POOR HOUSES ESTABLISHED    
  what kind, and what for 38
  committed to, for petty offences 38
     
POWERS OF GOVERNMENT    
  divided into three departments 7
  powers of each, how exercised 7
  Legislative 7 to 13
  Executive 16 to 20
  Judicial 21 to 28
     
PREAMBLE--of Bill of Rights   3
     
PRESS    
  liberty of 4
     
PRIESTS    
  accepting seats in Legislature 39
     
PRIMOGENITURE    
  of, not allowed 6
     
PRISONERS    
  bailable when, and how 5
     
PRIVILEGES    
  of exclusive 4
     
  PROCESS—Compulsory 4-5
     
PR0TEST    
  by members of Legislature 9
     
PUBLIC ENEMY   17
     
PUBLIC USE    
  property, how taken for 5
     
PUNISHMENTS    
  cruel and unusual, not to be inflicted 5

Q

QUORUM   9

R

RATIFICATION    
  of Constitution 44
     
REGISTER    
  official, to be kept by Secretary of State 19
  to be laid before Legislature, when 19
     
REGISTRATION OF ELECTORS   7
     
RELIGIOUS SOCIETIES-    
  no preference to be given by law 4
  laws for protection of, to be passed 4
     
RELIGIOUS TEST    
  not required as qualification for office 4
     
REMEDY    
  by due course of law 5
     
REMONSTRRANCE    
  right of 6
     
REMOVALS -    
  Clerks of Supreme Court 23
  Clerks of District Court 24
  Constables 27
  County and District officers 27
  State officers, by impeachment and otherwise 29
  Civil officers, by address 41
     
REPRESENTATIVES    
  to Legislature, (See "House of Representatives.")  
  qualifications, how elected 8
  House to consist of ninety members  
  attendance may be compelled 8
  punishment and expulsion of members 9
     
REPRIEVES    
  granted by governor, when 18
     
RESIDENCE    
  of electors 7
  of Governor 18
  of Attorney General 20
  of Justice of Peace 27
     
RESIDENCE-    
  of District Judges 23
     
RESOLUTIONS-    
  what to go to Governor for approval 21
     
RETURNS    
  to be made to Commanding General, when 44-45
     
REVISION OF LAWS   40
     
RIGHT OF ASSEMBLY   6
     
RIGHT OF CONSCIENCE   4
     
RIGHT OF PETITION   6
     
RIGHTS    
  of married women 36
  of infants 36
  of insane persons 36
  Private--not affected, when 39
     
RAOSDS AND BRIDGES   41
  streets 41
  how vacated 10
     
RULES OF ORDER    
  of Legislature, how determined 9

S

SALARIES (See " Compensation.")  
     
SCHOLARS    
  who are 29, 30
  compulsory attendance of 30
     
SCHOOL BOARD   30
     
SCHOOL DISTRICTS   30, 31
     
SCHOOL FUND   30, 31, 32
     
SCHOOL, PUBLIC    
  Legislature to make provisions for 29, 30
  to be free 29
  ages of scholars 29
  Superintendent of  
  his appointment and election 29
  term of office, and salary 29
  duties of 30
  board of directors 30
  attendance of scholars 30, 31
  fund 30
  houses 31
     
SCHOOL HOUSES   31
     
SEAL, on Commissions   19
  of State, what, by whom kept 19
     
SEAMEN AND MARINES, not voters, (United States Navy)   7
     
SEAT OF GOVERNMENT--    
  settlement of 12
     
SECESSION    
  Ordinance, null and void 39
  laws founded thereon null and void 39
  Legislatures from _1861 to 1866, without authority 39
  provisions concerning 39
  private right not affected 39
  of the Provisional Legislature of 1866 39
     
SECRETARY OF STATE   19
  how appointed 19
  term of office 19
  duties of 19
  impeachment of 29
SEIZURES AND SEARCHES   4
  security from 4
  warrant for 4
     
SENATE AND SENATORS    
  how chosen 8
  term of office 8
  how classed 8
  expiration of terms 8
  number of Senators 8-12
  qualifications and eligibility 9
  new apportionment for 8
  (See ''House of Representatives" for powers of each House.)  
  President of Senate, who 18
     
SENATORS, UNITED STATEs-    
  election of 12
     
SENTENCE--    
  may be respited, when 18
     
SERVITUDE    
  involuntary, except as punishment for crimes, prohibited 6
     
SESSIONS    
  of Supreme Court 23
  of District Court 23
  of Justices' Courts 27
  of Legislature 8
     
SHERIFFS    
  election, term of office and salary of 26
  incompetency and removal of 26
  commissioning of 27
  fees and compensation of 27
  to collect taxes 38
     
SINKING FUND    
  for redemption of State or County debt 37
     
SLANDER    
  of evidence in certain cases 4
     
SLAVERY    
  prohibited 6
     
SOLDIERS    
  not to be quartered, where 41
     
SoLDIERS, UNrrED STATEs--    
  not voters 7
     
SPEAKER OF THE HOUSE    
  how elected 34
     
SPEECH, LIBERTY OF   4
     
STATE GOVERNMENT    
  Departments of, three 7
  of Legislative 5
  of Judicial 2
  of Executive 16
     
STREETS AND ROADS    
  vacation of 10
     
STREETS AND ROADS-continued.    
  repairs of 41
     
STYLE    
  of laws 7
  of Legislature 7
  of writs and process 26
     
SUBMISSION OF CONSTITUTION   44-45
     
SUBORDINATION    
  of this Constitution to the Constitution, laws and treaties of the  
  United States 3
  of military to civil authority 6
     
SUFFRAGE    
  voters, who are 28
  age and residence of 28
  disqualification of 28
  free suffrage supported ad protected 34
  duelling, effect on 34
  bribery, perjury and forgery, effect on 34
  absence from State 35
     
SUPERINTENDENT    
  of Immigration  
  appointment of 33
  salary of 33
  duties of 33
  of Public Instruction  
  appointment and election of 29
  term of office, salary and duties 29-30
     
SUPREME COURT    
  Judges of 22
  how appointed 22
  term of office 22
  how classified 22
  vacancies, how filled 22
  Jurisdiction  
  appeals 22
  writs of habeas corpus 23
  writ of mandamus and other writs 23
  facts may be inquired into, when 23
     
SUPREME COURT-continued.    
  sessions 23
  Clerk, ·how appointed, and term of office 23
  how removed 23
  to give bond 23
     
SURVEY    
  of surveys not returned 32

T

TAX .AND TAXATION    
  for school purposes 30-31
  to be uniform and according to value 37
  on incomes and occupations 37
  liens on taxed property 37
  sale of real estate for 37
  for roads and bridges 41
     
TAX, POLL   31
TEST    
  religious, not required 4
     
TITLES    
  vacation of 32
  of public lands, where kept 20
     
  TRANSPORTATION OF IMMIGRANTS 33
     
TREASON    
  pardon of 18
     
TREASURER OF STATE--    
  election and qualifications of 20
  term of office of  
  duties of 20
  ·impeachment of  
     
TREASURY NOTES AND WARRANTS    
  Not to issue for circulation as money 35
     
TRIAL BY JURY   4-5
  in both law and equity, when 26
  in cases of felony and other offenses 26
     
TRIAL BY JURY-continued.    
  in District Courts 28
  in Justices' Courts 27

V

VACANCY    
  in legislature, how filled 9
  in Executive Department 17-18
  in Supreme Court 22
  in District Court 25-26
     
VENUE    
  change of 35
     
VOTERS- (See ''Electors.'')  
     
VOTES    
  what votes to go to Governor 21
  by ballot 34
  viva voce 34

W

WARRANTS    
  Treasury, not to issue for circulation as money 35
  10 per cent. decreed paid 40
     
WILLS    
  probate of 24
  letters testamentary 24
     
WITNESSES    
  to be confronted with accused 4
  compulsory process for 4-5
     
WORSHIP    
  natural and indefeasible right of 4
  attendance on 4
  erection and support of place of 4
     
WRITS    
  served by Sheriff 26
  served by Constable 26
  (See "Mandamus.")  
  (See "Habeas Corpus.")·  
  (See “Courts.")