LEGISLATIVE POWER OF THE STATE.
Deputies of Congress.
First,--To be a citizen in the enjoyment of his rights.
Second,--To have attained the age of Twenty-five years.
Third,--To be domiciliated in the state, and to have resided therein the last two years immediately preceding the election.
ART. 37. Those not born within the territory of the republic, to be eligible as deputies, proper or substitutes, shall have been eight years domiciliated therein, and possess real estate to the amount of eight thousand dollars, or an industrious employment that shall yield than one thousand dollars per annum, and the qualifications provided in the preceding article.
ART. 38. Natives of any other part of America, subject to Spain in 1810, and not now annexed to any other nation, nor in subjection to the former, shall be excepted from the foregoing article, and for such three years domicil in this republic, and the requisites prescribed in article 36. Shall be sufficient.
First,--The governor and vice governor of the state, and members of the executive council.
Second,--Officers of the republic.
Third,--Civil officers appointed by the executive of the state.
Fourth,--Ecclesiastics, exercising any jurisdiction or authority in the district where the election is holden.
Fifth,--Foreigners in time of war between their own country and this republic.
ART. 41. Should the same person be chosen deputy proper for two or more districts, he shall prefer the choice for that wherein he is domiciliated for the time being. Should he not be domiciliated in either, that of his native district shall prevail. Should he neither be domiciliated in, or a native of any of said districts, that of the one which the deputy chosen shall himself designate, shall be effective. In either of these cases, or in that of death, should it be impossible, in the opinion of congress, for the deputies proper to perform their functions, the respective substitute deputies shall fill their places.
ART. 42. Should the same person also prove to be elected substitute deputy for two or more districts, the same order of preference shall be observed as provided in the three first parts of the preceding article, and in the other districts that remain without a substitute deputy, the vacancy shall be filled by the one who received in the respective electoral assembly, the next highest number of votes to that of the one whose place is to be filled. In case of a tie, it shall be decided by lot.
ART. 43. The deputies during the time of discharging their duties, shall receive from the state treasury such pay as the preceding congress shall assign them, and they shall furthermore be paid the amount that said congress thinks proper for the expense they have to incur in repairing to the place of session, and in returning home after the close of the same.
ART. 44. At no time, in no case, and to no authority shall the deputy be responsible for the opinions they manifest in the discharge of their duties. In criminal actions that should be commenced against them they shall be tried by the tribunals hereinafter mentioned, and from the day of their election until the expiration of the two years term of service, they can be accused only before congress, which shall form itself into a grand jury, for declaring whether there be a just ground of action.
ART. 45. During the time of their service, reckoned for this object from the day of their election, they can obtain no office of provision of the executive, either for themselves, or request it for another, not even promotion, except by the scale in their respective career.