ALABAMA

ALABAMA

    24.1.18  

ALABAMA. The name of one of the new states of the United States of America. This state was admitted into the Union by the resolution of congress, approved December 14th, 1819, 3 Sto. L. U. S. 1804, by which it is resolved that the state of Alabama shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever. The convention which framed the constitution in this state, assembled at the town of Huntsville on Monday the fifth day of July, 1819, and continued in session by adjournment, until the second day of August, 1819, when the constitution was adopted.

2. The powers of the government are divided by the constitution into three distinct, departments; and each of them 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 a third. Art. 2,

ILLINOIS

ILLINOIS

    15.7.17  

ILLINOIS. The name of one of the United States of America. This state was admitted into the Union by virtue of a "Resolution declaring the admission of the state of Illinois into the Union," passed December 3, 1818, in the following words: Resolved, &c.;That, whereas, in pursuance of an Act of Congress, passed on the eighteenth day of April, one thousand eight hundred and eighteen, entitled "An act to enable the people of the Illinois territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states," the people of said territory did, on the twenty-sixth day of August, in the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state government, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and States in the territory northwest of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven: Resolved, &c.;That the state of Illinois shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever.

2. A constitution for this state, was adopted in convention held at Kaskaskia, on the 26th day of August, 1818, which continued in force until the first day of April; 1848. A convention to revise the constitution assembled at Springfield, June 7, 1847, in pursuance of an act of the general assembly of the state of Illinois, entitled "An act to provide for the call of a convention: On the first day of August, 1848, this convention adopted a constitution of the state of Illinois, and by the 13th section of the schedule thereof it provided that this constitution shall be the supreme law of the land from and after the first day of April, A. D. 1848.

3. It will be proper to consider, 1. The rights of citizens to vote at elections. 2. The distribution of the powers of government.

4. - 1. The sixth article directs that, 1. In all elections, every white male citizen above the age of twenty-one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state' at the time of the adoption of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entititled to vote, except in the district or county in which he Shall actually reside lit the time of such election.

2. All votes shall be given by ballot.

5. No elector loses his residence in the state by reason of his absence on business of the United States, or this state.

6. No soldier, seaman or mariner of the United States, is deemed a resident of the state, in consequence of being stationed within the state.

5. The second article distributes the powers of the government as follows:

1. The powers of the government of the state of Illinois 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.

2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of, the others, except as hereinafter expressly directed or permitted; and all acts in contravention of this section shall be void. These will be separately considered.

6. The legislative department will be considered by taking a view, 1. Of those parts of the constitution which relate to the general assembly. 2. Of the senate. 3. Of the house of representatives.

7. - 1st. Of the general assembly. The third article of the constitution provides as follows

1. The legislative authority of this state shall be vested in a general assembly; which shall consist of a senate and house of representatives, both to be elected by the people.

2. The first election for senators and representatives shall be held on the Tuesday after the first Monday in November, one thousand eight hundred and forty-eight; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in November, in each and every county, at such places therein as may be provided by law.

7. No person elected to the general sembly shall receive any civil appointment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member for any such office or appointment, shall be void; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the time for which he shall have been elected, or during one year after the expiration thereof.

12. The senate and house of representatives, when assembled, shall each choose a speaker and other officers, (the speaker of the senate excepted.) Each house shall judge of the qualifications and election of its own members, and sit upon its own adjournments. Two-thirds of each house shall constitute a quorum but a smaller number may adjourn from day to day, and compel the attendance of absent members.

13. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.

14. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public, or to any individual, and have the reasons of their dissent entered on the journals.

15. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds of all the members elected, expel a member, but not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.

16. When vacancies shall happen in either house, the govenor, or the person exercising the powers of governor, shall issue writs of election to fill such vacancies.

17. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same and for any speech or debate in either house, they shall not be questioned in any other place.

18. Each house may punish, by imprisonment during its session, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in their presence: Provided, such imprisonment shall not, at any one time, exceed twenty-four hours.

19. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting.

8. - 2d Of the senate. The senate will be considered by taking a view of, 1. The qualification of senators. 2. Their election. 3. By whom elected. 4. When elected. 5. Number of senators. 6. The duration of their office.

9. First. Art. 3, s. 4, of the Constitution, directs that "No person shall be a senator who shall not have attained the age of thirty years; who shall not be a citizen of the United States, five years an inhabitant of this state, and one year in the county or district in which he shall be chosen, immediately preceding his election, if such county or district shall have been so long erected; but if not, then within the Iimits of the county or counties, district or districts, out of which the same shall have been taken unless he shall have been absent on the public business of the United States, or of this state, and shall not, moreover, have paid a state or county tax."

10. Secondly. The senators at their first session herein provided for, shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year; so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. Art. 31 s. 5.

11. Thirdly. The senators are elected by the people.

12. Fourthly. The first election shall be held on the Tuesday after the first Monday in November, 1848; and thereafter the elections shall be on the Tuesday after the first Monday in November, once in two years. Art. 3, s. 2.

13. Fifthly. The senate shall consist of twenty-five members, and the house of representatives shall consist of seventy-five members, until the population of the state shall amount to one million. of souls, when five members may be added to the house, and five additional members for every five hundred thousand inhabitants thereafter, until the whole number of representatives shall amount to one hundred; after which, the number shall neither be increased nor diminished; to be apportioned among the several counties according to the number of white inhabitants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to which said counties may be entitled shall be elected by the entire district. Art. 3, s. 6.

14. Sixthly. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year, so that one-half thereof, as near as possible, may be biennially chosen forever thereafter. Art. 3, s. 5.

15. - 3. The house of representatives. This will be considered in the same order which has been observed in relation to the senate.

16. First. No person shall be a representative who shall not have attained the age of twenty-five years; who shall not be a citizen of the United States, and three years an inhabitant of this state; who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state; and who, moreover, shall not have paid a state or county tax. Art. 3, s. 3.

17. Secondly. They are elected biennially.

18. Thirdly. Representatives are elected by the people.

19. Fourthly. Representatives are elected at the same time that senators are elected.

20. Fifthly. The house of representatives shall consist of seventy-five members. See ante, No. 16.

21. Sixthly. Their office continues for two years.

22. - 2. The executive department. The executive power is vested in a governor. Art. 4, s. 1. It will be proper to consider, 1. His qualifications. 2. His election: 3. The duration of his office. 4. His authority and duty.

23. First. No person except a citizen of the United States shall be eligible to the office of governor, nor shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been ten years a resident of this state; and fourteen years a citizen of the United States. Art. 4 s. 4.

24. Secondly. His election is to be on the Tuesday next after the first Monday in November. The first election in 1848, and every fourth year afterwards.

25. Thirdly. He remains in office for four years. The first governor is to be installed on the first Monday of January, 1849, and the others every fourth; year thereafter.

26. Fourthly. His authority and duty. He may give information and recommend measures to the legislature, grant reprieves, commutations and pardons, except in cases of treason and impeachment, but in these cases he may suspend execution of the sentence until the meeting of the legislature - require information from the officers of the executive department, and take care that the laws be faithfully executed - on extraordinary occasions, convene the general assembly by proclamation be commander-in-chief of the army and navy of the state, except when they shall be called into the service of the United States - nominate, and, by and with the consent and advice of the senate, appoint all officers whose offices are established by the constitution, or which may be created by law, and whose appointments - are not otherwise provided for - in case of disagreement between the two houses with respect to the time of adjournment, adjourn the general assembly to such time as he thinks proper, provided it be not to a period beyond a constitutional meeting of the same. Art. 4. He has also the veto power.

27. A lieutenant governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant-governor. Art. 4, s. 14. The following are his principal powers and duties

15. The lieutenant governor shall, by virtue of his office, be speaker of the senate, have a right, when in committee of the whole, to debate and vote on all subjects, and, whenever the senate are equally divided, to give the casting vote.

16. Whenever the government shall be administered by the lieutenant- governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own, number as speaker for that occasion; and if, during the vacancy of the office of governor, the lieutenant governor shall be impeached, removed from his office, refuse to qualify, or resign, or die, or be absent from the state, the speaker of the senate shall, in like manner, administer the government.

17. The lieutenant governor, while he acts as speaker of the senate, shall receive for his service the same compensation which, shall, for the same period, be allowed to the speaker of the house of representatives, and no more.

18. If the lieutenant governor shall be called upon to administer the government, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker.

19. In case of the impeachment of the governor, his absence from the, state, or inability to discharge the duties of his office, the powers, duties, and emoluments of the office shall devolve upon the lieutenant governor and in case of his death, resignation, or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall return or be acquitted; or until the disqualification or inability shall cease; or until a new governor shall be elected and qualified.

20. In case of a vacancy in the office of governor, for any other cause than those herein enumerated, or in case of the death of the governor elect before he is qualified, the powers, duties, and emoluments of the office devolve upon the lieutenant governor, or speaker of the senate, as above provided, until a new governor be elected and qualified.

28. - 3. The judiciary department. The judicial power is vested in one supreme court, in circuit courts, in county courts, and in justices of the peace; but inferior local courts, of civil and criminal jurisdiction, may be established by the general assembly in the cities of the state but such courts shall have a uniform organization and jurisdiction in such cities. Art. 5, s. 1. These will be separately considered.

29. - 1st. Of the supreme court, its organization and jurisdiction. 1. Of its organization. 1st. The judges must be citizens of the United States; have resided in the state five years previous to their respective elections; and two years next preceding their election in the division, circuit, or county in which they shall respectively be elected; and not be less than thirty-five years of age at the time of their election. 2d. The judges are elected each one in a particular district, by the people. But the legislature may change the mode of election. 3d. The supreme court consists of a chief justice and three associates, any two of whom form a quorum; and a concurrence of two of said judges is necessary to a decision. 4th. They hold their office for nine years. After the first election, the judges are to draw by lot, and one is to go out of office in three, one in six, and the other in nine years. And one judge is to be elected every third year. 2. Of thejurisdiction of the supreme court. This court has original jurisdiction in cases relative to the, revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it, and it has appellate jurisdiction in all other cases.

30. - 2d. Of the circuit courts, their organization and jurisdiction. 1st. Of their organization. The state is divided into nine judicial districts, in each of which a circuit judge, having the same qualifications as the supreme judges, except that he may be appointed at the age of thirty years, is elected by the qualified electors, who holds his office for six years and until his successor shall be commissioned and qualified; but the legislature may increase the number of circuits. 2d. Of their jurisdiction. The circuit courts have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts.

31. - 3d. Of the county courts. There is in each county a court to be called a county court. It is composed of one judge, elected by the people, who holds his office for four years. Its jurisdiction extends to all probate and such other jurisdiction as the general assembly may confer in civil cases, and in such criminal eases as may be prescribed by law, when the punishment is by fine only, not exeeeding one hundred dollars. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the transaction of county business, and shall perform such other duties as the general assembly shall prescribe; Provided, the general assembly may require that two justices, to be chosen by the qualified electors of each county, shall sit with the county judge in all cases; and there shall be elected, quadrennially, in each county, a clerk of the county court, who shall be ex officio recorder, whose compensation shall be fees; Provided, the general assembly may, by law, make the clerk of the circuit court ex officio recorder, in lieu of the county clerk.

32. - 4th. Of justices of the peace. There shall be elected in each county in this state, in such districts as the general assembly may direct, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed by law.

MARYLAND

MARYLAND

    14.7.17  

MARYLAND. One of the original states of the United States of America. The province of Maryland was included in the patent of the Southern or Virginia company;

SOUTH CAROLINA

SOUTH CAROLINA

    13.7.17  

SOUTH CAROLINA. The name of one of the original states of the United States of America. For an account of its colonial history, see article North Carolina.

2. The constitution of this state was adopted the third day of June, 1790, to which two amendments have been made, one, ratified December 17, 1808, and the other, December 19, 1816. The powers of the government are distributed into three branches, the legislative, the executive, and the judicial.

3. - 1st. The legislative authority is vested in a general assembly, which consists of a senate and house of representatives.

4. - 1. The senate will be considered with reference to the qualifications of the electors; the qualifications of the members; the number of members; the duration of their office, and the time of their election. 1. Every free white man, of the age of twenty-one years, being a citizen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seised and possessed, at least six months before such election, or, not having such freehold or town lot, hath been a resident in the election district, in which he offers to give his vote, six mouths before the said election, and hath paid a tax the preceeding year of three shillings sterling towards the support of this government, shall have a right to vote for a member or members, to serve in either branch of the legislature, for the election district in which he holds such property, or is so resident. 2. No person shall be eligible to a seat in the senate, unless he is a free white man, of the age of thirty years and hath been a citizen and resident in this state five years previous to his election. If a resident in the election district, he shall not be eligible unless he be legally seised and possessed in his own right, of a settled freehold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eligible unless he be legally seised and possessed in his own right, of a settled freehold estate in the said district, of the value of one thousand pounds sterling, clear of debt. 3. The senate is composed of one member from each district as now established for the election of the house of representatives, except the district formed by the districts of the parishes of St. Philip and St. Michael, to which shall be allowed two senators as heretofore. Amend. of Dec. 17, 1808. 4. They are elected for four years. Ibid. 5. The election takes place on the second Monday in October. Art. 1, s. 10.

5. - 2. The house of representatives will be considered in the same order which has been observed in considering the senate. 1. The qualification of electors are the same as those of electors of senators. 2. No person shall be eligible to a seat in the house of representatives, unless he is a free white man, of the age of twenty-one years, and hath been a citizen and resident in this state three years previous to his election. If a resident in the election district, he shall not be eligible to a seat in the house of representatives, unless he be legally seised and possessed in his own right, of a settled free-hold estate of five hundred acres of land, and ten negroes; or of a real es-tate, of the value of one hundred and fifty pounds sterling, clear of debt. If a non-resident, he shall be legally seised and possessed of a settled freehold estate therein, of the value of five hundred pounds sterling, clear of debt. 3. The house consists of one hundred and twenty-four members. Amend. of Dee. 17, 1808. 4. The members are elected for two years. Art. l, s. 2 . 5. The election is at the same time that the election of senators is held.

6. - 2. The executive authority is vested in a governor, and in certain cases, a lieutenant-governor.

7. - 1. Of the governor. It will be proper to consider his qualifications; by whom he is to be elected; when to be elected; duration of office; and his powers and duties. 1. No person shall be eligible to the office of governor, unless he bath attained the age of thirty years, and hath resided within this state, and been a citizen thereof, ten years, and unless he be seised and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds sterling, clear of debt. Art. 2, s. 2. 2. He is elected by the senate and house of representatives jointly, in the house of representatives. Art. 2, sect. 1. 3. He is to be elected whenever a majority of both houses shall be present. lb. 4. He is elected for two years, and until a new election shall be made. Ibid. 5. The governor is commander-in-chief of the army and navy of the state, and of the militia, except when they shall be called into the actual Service of the United States. He may grant reprieves and pardons, after conviction, except in cases of impeachment, and remit fines and forfeitures, unless otherwise directed by law shall cause the laws to be faithfully executed in mercy - may prohibit the exportation of provisions, for any time not exceeding thirty days-may require information from the executive departments - shall recommend such measures as he may deem necessary, and give the assembly information as to the condition of the state-may on extraordinary occasions convene the assembly, and in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the mouth of November then next ensuing.

8. - 2. A lieutenant-governor is to be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the governor. Art. 2, sect. 3. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-governor shall succeed to his office. And in case of the impeachment of the lieutenant-governor, or his removal from office, death, resignation, or absence from the state, the president of the senate shall succeed to his office, till a nomination to those offices respectively shall be made by the senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, was elected. Art. 2, s. 5.

9. - 3. The judicial power shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish. The judges of each shall hold their commissions during good behaviour; and judges of the superior courts shall, at stated times, receive a compensation for their services, which shall neither be increased nor diminished during their continuance in office: but they shall receive no fees or perquisites of office, nor, hold any other office of profit or trust, under this state, the United States, or any other power. Art. 3, sect. 1. The judges are required to meet at such times, and places, as shall be prescribed by the act of the legislature, and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them. Amend. of Dec. 19, 1816.

TEXAS

TEXAS

    13.7.17  

TEXAS. The name of one of the new states of the United, States of America. Texas was an independent republic. By the joint resolution of congress of March 1, 1845, congress gave consent that the republic of Texas might be erected into a new state, to be called the state of Texas, with a republican form of government to be adopted by the people. And by the joint resolution of congress of the 29th day of December, 1845, the state of Texas was admitted into the union on an equal footing with the original states in all respects whatever.

2. The constitution of the state was adopted in convention by the deputies of the people of Texas, at the city of Austin the 27th day of August, 1845.

3. By the second article, it is provided that the powers of the government of the state of 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.

4. - §1. In considering the legislative power, it will be proper to consider, 1. The qualification of voters. 2. The rights of members of the legislature. 3. The senate. 4. The house of representatives.

5. - 1. By sections. 1st and 2d, it is declared that every free male person who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, or who is, at the time of the adoption of this constitution by the congress of the United States, a citizen of the republic of Texas, and shall have resided in this state one year next preceding an election, and the last six months within the district, county, city, or town in which he offers to vote, (Indians not taxed, Africans, and the 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.

Sect. 2. All free male persons over the age of twenty-one years, (Indians not taxed, Africans, and descendants of Africans, excepted,) who shall have resided six months in Texas, immediately preceding the acceptance of this constitution by the congress, of the United States, shall be deemed qualified electors.

6. - 2. The powers of the two houses are defined by the following sections of the third article, namely,

Sec. 12. The house of representatives, when assembled, shall elect a speaker and its other officers; and the senate shall choose a president for the time being, and its other officers. Each house shall judge of the qualifications and elections of its own members; but contested elections shall be determined in such manner as shall be directed by law. Two-thirds of each house shall constitute a quorum 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 pen alties as each house may provide.

Sec. 13. Each house may determine the rules of its own proceedings; punish members for disorderly conduct; and with the consent of two-thirds, expel a member, but not a second time for the same offence.

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 journals.

Sec. 16. Senators and representatives shall, in all cases, except in 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 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 forty-eight hours.

Sec. 18. The doors of each house shall be kept open.

7. - 3. The senate will be considered by taking a view, 1. Of the qualifications of senators. 2. Of the time of their election. 3. Of the length of their service. 4. By whom chosen.

8. - 1st. The 11th section of the 3d article of the constitution directs that no person shall be a senator unless he be a citizen of the United States, or at the time of the acceptance of this constitution by the congress of the United States a citizen of the republic of Texas, and shall have been an inhabitant of this state three years next preceding the election; and the last year thereof a resident of the district for which he shall be chosen, and have attained the age of thirty years.

9. - 2d. Elections are to be held at such times and places as are now or may hereafter be designated by law. Art. 3, s. 7.

10. - 3d. Senator; are duly elected for four years.

11. - 4th. Senators are chosen by the qualified electors.

12. - 1. The house of representatives will be considered in the same order which has been observed in speaking of the senate.

13. - 1st. By the 6th section of the 3d article of the constitution, it is declared that no person shall be a reprsentative unless he be a citizen of the United States, or at the time of the adoption of this constitution a citizen of the republic of Texas, and shall have been an inhabitant of this state two years next preceding his election, and the last year thereof a citizen of the county, city, or town for which he shall be chosen, and shall have attained the age of twenty-one years at the time of his election.

14. - 2d. Elections are to be held at such times and places as 'are now or may hereafter be designated by law. Art. 3, s. 7.

15. - 3d. The members of the house of representatives hold their office for 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. Art. 3, s. 6.

16. - 4th. The members of the house of representatives shall be chosen by the qualified electors. Art. 3, s. 5.

17. - §2. The judicial power is 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 jurisdiction may be vested in corporation courts. as may be deemed necessary, and be directed by law. Art. 4, s. 1. Each of these will be separately considered.

18. - 1. The supreme court will be considered by, 1. Taking a view of the appointment of the judges, and the time during which they hold their office. 2. The organization of the court. 3. Its jurisdiction.

19. - 1st. 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. Art. 4, s. 5.

20. - 2d. The supreme court shall consist of a chief justice and two associates, any two of whom shall form a quorum. 4, s. 2. It appoints its own clerk.

21. - 3d. The 3d section of the 4th article of the constitution declares that the supreme court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the state; but in criminal cases, and in appeals from interlocutory judgments, with such exceptions and under such regu-lations as the legislature shall make; And the supreme court and judges thereof shall have power to issue the writ of habeas corpus, and, under such regu-lations as may be prescribed by law, may issue Writs of mandamus, and such other writs as, shall be necessary to enforce its own jurisdiction; and also compel a judge of the district 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 more than three places in the state.

22. - 2. The circuit courts will be considered in the same order observed with regard to the supreme court.

23. - 1st. Circuit court judges are appointed in the same way as judges of the supreme court, and hold their office for the same time.

24. - 2d. By the 6th section of the 4th article of the constitution, if is directed that the state shall be divided into convenient judicial districts. For each district there shall be appointed a 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. The clerk is elected by the qualified voters of members of the legislature. Art. 4, s. 11.

24. - 3d. By the tenth section of the fourth article, jurisdiction is given to the district courts in these words: The district court shall have original jurisdiction of all criminal cases, of all suits in bebalf of the state to recover penalties, forfeitures and escheats, and of all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to -any distinction between law and equity, when the matter in controversy shall be valued at or amount to one hundred dollars, exclusive of interest; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and give them a general superintendence and control over inferior jurisdictions; and in the trial of all criminal cases, the jury trying the same shall find 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.

25. - §3. The supreme executive power is vested in a governor. We will consider, 1. His qualifications. 2. By whom elected. 3. Duration of his office. 4. His power and duty.

26. - 1st. He must be at least thirty years of age, be a citizen of the United States, or a citizen of Texas, at the time of the adoption of the constitution, and shall have resided in the same three years next immediately preceding his election. Art. 5, s. 4.

27. - 2d. The governor shall be elected by the qualified electors of the state, at the time and places of elections for members of the legislature. Art. 5, s. 2.

28. - 3d. He holds his office for two years from the regular time of installation, and until his successor shall have been duly qualified, but shall not be eligible for more than four years in any term of six years. Art. 5, s. 4.

29. - 4th. He is commander-in-chief of the army and navy of the state - may require information from officers of the executive department - may convene the legislature, or adjourn the same, when the houses cannot agree - may recommend measures to the legislature - shall cause the laws to be executed. Art. 5.

30. There shall be a lieutenant governor, who shall be chosen at every election for governor, by the same persons and in the same manner, continue in office for the same time, and, possess the same qualifications. In voting for governor and lieutenant-governor, the electors shall distinguish for whom they vote as governor, and for whom as lieutenant-governor. The lieutenant governor shall, by virtue of his office, be president of the senate, and have, when in committee of the whole, a right to debate and vote on all questions, and when the senate is equally divided, to give the casting vote. In case of the death, resignation, removal from office, inability or refusal of the governor to serve or of his impeachment or absence from the state, the lieutenant governor shall exercise the power and authority appertaining to the office of governor until another be chosen at the periodical election and be duly qualified or until the governor impeached, absent, or disabled, shall be acquitted, return, or his disability be removed. Art. 5, s. 12.

WISCONSIN

WISCONSIN

    12.7.17  

WISCONSIN. The name of one of the new states of the United States, of America.

2. The constitution of Wisconsin was adopted by a convention, at Madison, on the first day of

VIRGINIA

VIRGINIA

    12.7.17  

VIRGINIA. The name of one of the original states of the United States of America. This colony was chartered in 1606, by James the First, and this charter was afterwards altered in 1609 and 1612; and