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VOEtTME3.DBS ARC, ABKAN8A8, FEBRUARY 89, 1868.iST U MBE t i 49.
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CONSTITUTION
OF THE
STATE OF ARKANSAS.
PREAMBLE.
We. the people of Arkansas, grate
ful to God for our civil and religious
liberty, and desiring to perpetuate its
blessings and secure the same to our
selves and our posterity, do ordain and
establish this Constitution :
ARTICLE 1.
BILL OP RIGHTS.
Sec. 1. All political power is inher
ent in tlie people. Government is in- i
•tituted for the protection, security and
benefit of the people, and they have the 1
right to alter or reform the same when- !
ever the public may require it. ltut
the paramount allegiance of every citi
zen is due to tile Federal Government
in the exercise of all its Constitutional :
powers as the same may have been or
may be defined by the Supreme Court
of the United States; and no power
exists in the people of this orany other
State of the Federal Union to dissolve ;
their connection therewith, or perform
any act tending to impair, subvert or |
resist the supreme authority of the
United States. The Constitution of the
United Stales confers full powers on
the Federal Government to maintain
and perpetuate its existence, and when
soever any portion of the States, or the
people thereof, attempt to secede from
the Federal I n ion, or forcibly resist I
the execution of its laws, the Federal j
Government may, by warrant of the ,
Constitution, employ armed force in 1
competing obedience to its authority.
Sec. 2. The liberty of the press shall
forever remain inviolate. The free!
communication of thoughts and opin
ions is one of the invaluable rights of
Ulan, and all persons may freely speak ;
write and publish their sentiments on
nil subjects, being responsible for the
abuse of such right. In all criminal
Drosccnt ions t'or libel, the Inn !i iii-ivhi.
given in evidence to the jury, and if it
shall appear to the jury.tint tic- matter
charged as libelous i- true, and was
published with good motives, and tor,
justifiable ends, tie- party slull be ac
quitted.
t*K<\ 11. The equality of nil persons
before the law is recognized and shall
ever remain inviolate; nor shall any
ciii/.vii c\cv lie deprived of any right,
privilege or immunity, nor exempted
from any burden or duly, on aeeount
of raw. color, or previous condition.
Sec. I. The citizens have a right, in
n peaceable manner, to assemble to
gether for their common good, to in
struct their representatives and to pe
tition for the redress of grievances, and
other proper purposes.
Sec. j. Tlie citizens of this State shall
have t he right to keep and bear arms
for their common defense. ”
Sec. <i. The right nl triai by jury shall
remain inviolate and shall extend to all j
eases at law without regard to the
amount in controversy ; but a jury trial
may be waived by the parties in all '
eases, in the manner prescribed by law.
Sec. 7. Kxeessive bail shall not be
requir'd, nor shall exce sive tines be
imposed, nor shall cruel nor unusual t
punishments lie intlieled. nor witnesses |
be unreasonably detained.
Sec. d. In all criminal prosecutions j
the accused shall enjoy the right ton
speedy and public trial by an impartial
jury of the countv or judicial district
wherein the crime shall have boon com
mitted—which county or district shall
have been previously ascertained by
law—audio be Informed of the nature
and cause of thcaccu-ation against him :
to have compulsory process for obtain
ing witnesses ip bis favor; and to have
the assistance of counsel ia his defense.
Sec. it. No person shall he held to
answer a criminal offense unless on the i
presentment or indictment of a grand
jury, except in eases of impeachment,
or in cases of petit larceny, assault, as- j
sault and battery, affray, vagrancy and I
such other minor eases as theflKIcncrnl |
Assembly shall make cognizable by
Justices of the lb-ace ; or arising in the
• Mill' Ui ll>l » * U1 IIIQ X- IIUV.VI «< *
iii the militia when in actual service in
time of war or public danger; and no
person alter having been once acquitted
by a jury, for the same offense, shall
be again put iu jeopardy of life or li
berty; but if, in any criminal prosecu
tion, flic jury be divided iu opinion,
the court before which tlie trial shall
lie had may in its discretion discharge i
the jury and <-oiii mit or bail t lie accused !
for trial at the same or the next term of
said court; nor shall any person be r
compelled in any criminal case to be
witness against himself, nor be depriv- 1
ed of life, liberty or property, without;
due process of law. All persons shall,
before conviction, tie bailable by sutli
cient. sureties, except lor capital of- !
tenses—murder and treason—when the
proof is evident or the presumption !
great; and the privilege of the writ of;
habeas corpus shall not lie suspended i
unless when in cases of rebellion or in
vasion the public safety may require.
tjttc. 10. Every person is entitled to
a certain remedy iu the laws for all in- j
juries or wrongs which he may receive
in ids person, property or character; he ,
ought to obtain justice freely and with- ]
out purchase ; completely and without:
denial; promptly and without delay;!
conformably to the laws.
Sec. 11. Treason against the State j
shall only consist in levying war against'
the same, or iu adhering to its enemies,!
giving them aid and comfort. No per-'
son shall be convicted of treason tin- j
loss on the testimony of two witnesses
to tho same overt act, or on confession
in open court.
Sec. 12. The right of the people to
be secure in their persons, houses, pa
pers and effects against unreasonable
searches and seizures, shall not be vio
lated, and no warrant shall issue but
upon probable cause, supported by oath
or affirmation, and particularly describ
in'' t)>e place to be searched and the j
person or tilings to be seized.
line. 13. No bill of attainder or ex
post facto law, nor any law impairing
the obligation of contracts, shall ever
be passed: and no conviction shnll
work corruption of blood or forfeiture
of estate.
Sec. 14. No person shall be impris
oned for debt in this State; but this
shall not prevent the Jeuerul Assem
bly from providing for imprison
meut or holding to bail persons charg
ed with fraud iu contracting said debt.
A reasonable amount of property shall
be exempt from seizure or sale lor the
pavilioni of debts or liabilities.
£kc. 15. Private property shall not
be taken for public use without just
compensation therefor.
Sue. lti. The military shall be subor
dinate to thr rivil power. No stand-,
ng army shall be kept up In this State
n time of peace, and no soldier shall
in time of peace be quartered in any
house, without the consent of the own
er, nor in time of war but in a manner
prescribed by law.
Sec. 17. Suits may be brought against
the State in such manner and in such
■onrts as may be by law provided.
Sec. 18. The General Assembly shall
not grant to any citizen or class of citi
zens, privileges' or immunities which
upon the same terms shall not equally
belong to all citizens.
Sec. 19. The right of suffrage shall
he protected by laws regulatiug elec
tions, and prohibiting under adequate
penalties all undue influence from bri
bery, tumult, or other improper con
duct.
Sec. 20. Foreigners who arc, or may
become, bona fide residents of tins
State, shall be secured the same rights
in respeet to the acquisition, possession,
enjoyment and descent of property as
arc secured to native-born citizens.
Sec. 21. No religious test or amount
of property shall ever be required At a
qualification for any office of public
trust under the State. No religious
test or amount of property shall ever
he required as a qualification of auv
voter at any election in this State ; nor
shall any person be rendered incompe
tent to give evidence in any court of
law or equity in consequeuce of his
opinion upon the subject of religion,
md the mode of administering an oath
or affirmation shall be such ns shall be
most consistent with, and binding upon
[lie conscience of the person to whom
iucli oath or affirmation may be admin
istered.
Sec. 22. Any persons who shall, af- j
lor the adoption of tills Constitution, j
light a duel or scud or accept a dial- j
cage for that purpose, or he aider or
.... h.m in iiiiii, ......
in this State or elsewhere, shall thereby
be deprived of the right of holding
my office of honor or profit in tills
Stale, and shall lie forever disqualified
from voting at any election, and shall
lie punished otherwise in such manner
ts may lie prescribed by law.
Sue. 23, lJeligion, morality and
knowledge being essential to good gov
ernment. the General Assembly shall
pass suitable laws tu protect every re
ligious denomination in the peaceable
'iijoyineiit of its own mode of public
worship ; and to eneotirage seltools and |
die uieatis of instruct ion.
Sec. 2t. Ail lands in this State arc!
lcclarcd to be allodial, and feudal ten- <
ires of every description with all their j
neidents, are proliibited. Leases and
{rants of laud for a longer period titan 1
wenty-one years hereafter made, in
which shall lie reserved any rent or 1
icrvicc of any kind, shall beheld aeon- -
ov:inoe In *Y>r to the lessee. I 1
Sec. 25. The action of the Conven- •
ion of the State of Arkansas, which \ '
ssentbled in tlie eitv of Little ltock on j
lie 4th day of March, 1861, was, and is ; 1
util and void. All the actiett of the 1
Hate of Arkansas under the authority
if said Convention, of its Ordinances 1
ir its('onslitution. whether legislative, j
■ x mil i vc. judicial or military, was, and ! j
s hereby declared null and void; and
to deiit or liability of the State of Ar- 1
Lausas incurred by the action of said 1
•invention or of the General Assent- 1
ily, or any department of tlie govern- I
unit under the authority of either,
hall ever tie recognized as obligatory. '
’rovided. That this Ordinance shall 1
ml be so construed as to affect the 1
•iglits of private individualsarising un- 1
In- contracts between, the parties, or 1
0 change county boundaries or county 1
■ mts. or to make invalid the acts of 1
1 list ices of the Peace, or other officers
ti their authority to administer oaths 1
jr take and certify the aeknowledg- !
incuts of deeds of conveyance or other '
instruments of writing, or in the sol
'iniiizatton of marriage.
AUT1CLE II.
nnt'XDAUiKS.
Sue. 1. We do declare aud establish,
ratify and confirm, the following as the
|iermaueul boundaries of said State of
Arkansas, that is to say : Beginning at
the middle of the main channel of the
Mississippi river, on the parallel of
tnirty-six negroes norm ininnae ; run
ning from thence west, with the mid
parallel of latitude, to the St. Francis
Aver; thence up the middle of the main
channel of snb.l river to the parallel of
thirty -six degrees thirty minutes north ;
Iron) thence west with the boundary
line of the State of Missouri to the
southwest corner of that State; and
thence to be bounded on the west to
the north bank of Ked river ns by Acts
of Congress and Treaties heretofore
defining the western limits of the Ter
ritory of Arkansas; and to be hounded
on the south sijie of lied river by the
boundary line of the State of Texas to
the northwest corner of the State ot
Louisiana; thence east with the Louis
iana State line to the middle of the
main chunuel of the Mississippi river;
thence up the muin channel of said riv
er, including an island in said riTer
known as "Belle Point Island,” to the
thirty-sixth degree of north latitude—
the place of beginning.
ARTICLE III.
The seat of government shall be at
Little Rock, where it is now establish
ed.
ARTICLE IV.
Sec. 1. The power* of government
arc divided into three departments—
the Legislative, the Executive, and the
Judicial.
Sec. 2. No persou belonging to one
department shall exercise the powers
properly belonging to another, except
ing in the cases expressly provided in
this Constitution.
ARTICLE V.
LEGISLATIVE DEPARTMENT.
Sec. 1. The legislative power in this
state shall be vested In a General As
sembly, which shall consist of a senate
and House of Representatives.
Sec. 2. The General Assembly shall
meet every two years, sun the first Mon
day of January, at the seat of Govern
ment, until altered by law ; but the first
General Assembly elected after the
adoption of this Constitution shall meet |
on the 2d day of April, A. 1). IStW.
sec. 3. The House of Representatives i
shall consist of members chosen every
second year by the qualified electors of
the several districts.
sue. 4. No person shall ho a member i
of the House of Representatives who I
shall not have attained the age oftweu-1
ty-one years, and have becu on* year a i
resident of this state, who shall not be ]
a male citizen of the United states, who :
shall not, at the time of his election,
have an actual residence in the district
he ntsy bo cho-eu to represent, snd who
itmll not be a qualified elector, at pro
vided in this Constitution.
src. 5. The senate shall consist of
members chosen every fourth year by
,he qualified electors of the several dis
trict*.
sbc. 6. No person shall be a member
>f the senate who shall not have at
tained the age of twenty-five years,
tiid have been one year a resident of
Ihis state, who shall qot be a malecitl
ten of the United states, who shall not,
it the time of his election, have an ac
tual residence in the district he maybe
diosen to represent, and who shall not
he a qualified elector, as provided in
this Constitution.
src. 7. The number of members com
posing the senate shall be twenty-six,
ind of the House of Representatives
jighty-two.
src! 8. The General Assembly, shall
provide by law for an enumeration of
the inhabitants of this state in the year
fne thousand eight hundred and sev
snty-five, and every tenth year tlierc
ifter; and the first General Assembly
sleeted after each enumeration so made,
ind also after each enumeration made
Pv the authority of the United states,
may re-arrange the senatorial and Re
presentative districts according to the
number of inhabitants ns ascertained
Py such enumeration; Provided, That
there shall be no apportionment other
Ilian that made in this Constitution, un
til after the enumeration to be made in
the year one thousand eight hundred
md seventy-five.
sec. 9. senators shall be chosen at the
mine time mid in the same manner that
members of the House of Representa
tives are required to be. senatorial dis
Ticts shall be composed of convenient
'ontiguous territory, and no Represen
tative district shall lie divided in the j
"orrtiation of a senatorial one. The
senatorial districts shall be numbered
n regular series, and the term of spiia
urs muni’ll lur mu uisinum
»v add members slmll expire in two I
rears, and the term of senators eliosen
ror tlic districts designated by even
lumbers shall expire in four years; but
hereafter senators shall lie eliosen for
he term of four years, excepting when
m enumeration of the inhabitants of j
he state is made, in which case, ifa re-!
irrangcment of the senatorial districts j
s made, the regulation above stated
iliali govern the term of office.
sec. 10. Removals of senators and
ffepresenatives from their respective I
iistricts shall be deemed a vacation of!
heir office.
sec. il. No person holding any office ]
lnder the United states, or this state. :
ir any county office, excepting Post-!
nasters, Notaries Public. Officers of
he Militia, and Township Officers. \
hall he eligible to. or have a seat in.!
dtlier branch of the General Assembly.1
,'irt nil votes csvtrti tWnny -ucli person
hall he void.
sec. 12. senators and Representatives
hall, in all eases, (treason, felony, or
iroaeli of I lie peace excepted,) he pri
ileged from arrest during the session
if the General Assembly. They shall
lot he subject to any civil process dnr
ng the session of the General Asscm
ily, or for fifteen day* next before the
ommencemeut, and next after the ter
niuation of caeli session. A yd they
ihnll not be questioned in any other
dace for remarks made In cither House.
8ec. 13. A majority of the members!
>f eacli House shall constitute a quo- j
■uni to transact business, hut a smaller
lumber may adjourn from day today,
ind compel the attendance of absent
nembers in such manner ami under
uch penalties as each House may pre
icribe.
Sec. 14. Each House shall choose its
iwn officers, determine the rules of its
irocecdings, judge of the qttaliliea
ioug, election and return of its nietu
>ers;aud inav, with Hie concurrence
if two-thirds of all the members elect
id, expel a member; hut no member
dial I lie expelled a second time for the
lame cause, nor for any cause kuowu
o his constituents at Hie time of his
dectiou. The reasons for any such ex
ntlsion shall be entered upon the Jour
ml, with the names of members voting
lictcon.
Sec. 15. The General Assembly shall
irescrihe bv law tiie manner in which !
she State printing shall be executed,
md the accounts rendered therefor,
md shall prohibit all charges for con
Itructive labor. They shall net rescind
>r alter any contract’for snob printing.
>r release the person or persons taking
lie same, or Ins or their securities, from
:lie performance of any of the provi
dons of such contract.
Sec. ltl. Each House shall keep a
Fourual of its proceedings, and pub*
ish the same, excepting such parts as
nay require secrecy. The yeas and
jays of the member’s of eitlicr House,
ip’on any question, shall be entered on
he Journal at the request of five mem*
:iers. Any member of either House
nay dissent, and protest against any
ict, proceeding or resolution which lie
nay deem injurious to any person or
lie public, and have the reason of his
iissent entered on the Journal.
Sec. 17. In all elections in either
House, orin joint convention,the votes
iliall he given viva voce. All votes on
lominations to the senate shall he ta
ten by yeas and nays, and published
with the Journal of its proceedings.
Sec. 18. The doors of each House
dial! be open, uuless the public welfare
requires secrecy. Neither House, shall
without the censeut of the other, ad*
ouni for more than three days, nor to
my other place tliun where tlie Geuer
il Assembly may then be in session.
Sec. 19. Hills ntay originate in either
House of the General Assembly, bill
ill hills for raising rev< line shall orig
natc in the House of Representatives,
hough the senate may propose amend
ueuls, as on other hills.
Sec. 20. No portion of the public
funds or property shall ever he appro
priated by virtue of any resolution.—
S'o appropriation shall he made ex
sept by a bill duly passed for that pur
josc.
Sec 21. Every hill and joint resolu
iou shall be read three times, on dif*
'erent days, in each House, before the ;
inal passage thereof, unices two-thirds i
)f tlie House where the same i« pend- j
ng shall dispense with the rules. No
>111 or joint resolution shall becomes!
sw without the concurrence of a ma-'
oritv of all the members voting. On I
he final passage of all hills the vote!
ihall be taken by yeas and nays, and |
Mitered on the Journal.
Sec. 22. No act shall embrace morel
han one subject, which shall he cm-!
jraced in its title. No public act shall'
:ake effect or be in force until ninety
lays from the expiration of the ses
ilo'n at which the same Is passed, unless
it is otherwise provided In thr set.
•
Sen. 23. No law shall be revised, al
tered or amended, by reference to its
title only, but the act revised, ami the
section or sections of the act as altered
or amended shall be enacted and pub
lished at length.
Sec. 24. No new bill shall be Intro
troduced into either House during the
last three days of the session without
the unanimous consent of the House in
which it originated.
sec. 25. The General Assembly, at its
first session, shall provide suitable laws
for the registration of qualified elec
tors, and for the prevention of frauds
in clectioDS.
see. 20. The General Assembly shall
provide for the speedy publication of
all statute laws of a public nature, and
of such jndieiul decisions as it may
deem expedient. All law* and judicial
decisions shall be free for publication
by any person.
sec. 27. The style of the laws of the
■^ate shall he "Be it enacted by the
General Assembly of the stato of Ar
kansas.
sec. 28. The General Assembly may
enact laws providing for county, town
ship or precinct governments.
see. 29. It shall be the duty of the
General Assembly, from time to time,
as circumstances itiav require, to frame
and adopt a penal code, founded on
principles of reformation.
sec. 30. The General Assembly shall
not clutugc the venue in any criminal or
peual prosecution, but slta.l provide for
the same by general laws.
see. 31. The General Assembly may
pass laws authorizing appeal* in crimi
nal or penal eases, and regulating tin*
right of challenge of jurors therein.
sec. 32. The General Assembly shall
direct by law when and bow juries shall
be selected from judicial districts in
criminal and civil cases.
sec. 33. The General Assembly shall
regulate bv law hv whom ami in wliat
'..... "i ...t!/,., 11 i... : ,.......1
to till (lie vacancies which may happen
in either branch thereof.
ace. 34. (ieneral Assembly may de
clare tlie cases in which ailv office shall
he deemed vacant, anil also lor the
manner of tiling tlie vacancy, where no
provision is made for that purpose' in
this Constitution.
Sec. 35 Kvery bill and concurrent
resolution, except of adjournment, passed
by the General Assembly, shall be pre
sented to the Governor for approval before
it becomes a law. If lie approve, lie shall
sign it; if not. be shall return it with his
objections to the House in which it origi
nated, which shall enter the objections at
large upon its Journal, and reconsider it
On such reconsideration, if a majority of
the members elected agree to pass the bill,
it shall be sent with the objections to the
other House, by which it shall be recon
sidered. If approved by a majority of
the members elected to that House, n shall
become a law. In such cases the vote of
both Houses shall be determined by yeas
aud nays, a d the ua nes of tlie members
voting fur und aguiust the bill shall be en
tered on the Journal id' each House res
pectively. If any bill be not returned by
the Governor witliin three days (Sundays
excepted) after it has been presented to
him. the same shall become a law in like
manner as if be had signed it. unless the
General Assembly, by their adjournment,
prevent its return, in which case it shall
not become a law. The Governor may
approve, sign and lile in the office of the
secretary of state, within three days after
the adjournment of the General Assembly,
any act passed during the last three days
of the session, and tbc same shall become
a law.
Sec. 36. Kach //ouse may punish by
imprisonment, during its session, any per
son not a member who shall be guilty of
any disorderly or contemptuous behavior
in their presence; but no such imprison
ment shall exceed twenty-four hours.
Sec. 37. No uititen of this state shall
be disfranchised, or deprived of any of the
rights or privileges secured to any citixeu
thereof, uulesg the same is done by the
law of the land, or the judgement of his
peers, except as hereinafter provided —
There shall neither be slaves nor invol
untary servitude, either by indentures, ap
npAiilipnuhini nr nllt#r«isri in tliivi Kt:iti»
except (or the punishment of crime, where
of the party shall have been duly convicted.
Sec. 38. The General Assembly shall
have no power to make compensation fur
emancipated slaves.
Sec. 39. The General Assembly shall
have no |>ower to grant divorces, to
change the names of individuals, or to
direct the sale of ostates belonging to
infauts or other persons laboring under le
gal disabilities; by special legislation ; but.
by general laws, shall confer such powers
on the courts of justice.
Sue. 40. The General Assembly shall
not authorize, by private or special law,
the sole or conveyunoe of any real estate
belonging to any person, or vacate or alter
any road laid out by legal authority, or
any street io any city or village, or in any1
recorded town plat; but shall provide for
the same by general luws.
Sec. 41. Tho Gcueral Assembly shall
not authorize any lottery, and shall pro
hibit the sale of lottery tickets.
Sec. 42. In case of a contested elec
tion, only the claimant decided entitled to
the seat, in either House in which the
eontest may take place, shall receive from
the State perdieiu compensation and
mileage
SsC. 43. No collector, holder or dis
burser of public moneys shall have a se it
in the General Assembly, or be eligible to
any office of trust or profit under this State,
until he shall have accounted for. and paid
over, as provided by law, all sums for
whitdt he ii liable
•9ec. 44. The General Assembly shall
have jrfiwer to alter and regulate the juris
diction and piooedings io law and equity,
subject to the provisions of this < Vmstitu
tion.
Sec. 45. The General Assembly shall
direct by law in the what manner and in
what courts suits may be brought by and
agaiust the State
Sec. 48. It shall be tltc duty ol the
General Assembly to make adequate pro
vision for the maintenance of jumpers
throughout the .S'tate
Sec. 47. The General Assembly shall
not have power to authorize any municipal
corporation to pass any laws contrary to
the general laws ef the State, or to levy
any taz on real or personal property to a
greater extent then two per ccntuin of the
assessed value of the same.
Sec. 48. The General Assembly shall
pass no special act conferring corporate
powers. Corporations may be formed un
der general laws; but all such laws may,
from time to time, be altered or repealed.
Hues from corporations shall be secured
by such individual liability of the stock
holders, and other means, as may be pro
scribed by law; but, in all cases, each
stockholder shall be liable over and above
the stock by him or her owned, and any
amount unpaid t*hercon, to a further sum.
at least equal in amount to such stock.
The property of corporations, now exist
ing or hereafter created.Vhall forever be
subject to taxation, the same as the prop
erty of individuals. No right of way shall
be appropriated to the use of any corpora
tion until full compensation therefor shall
be first made in money, or first secured by
a deposit of money, to the owner, irrespec
tive of any benefit from any improvement
proposed by such corporation ; which com
pensation shall be ascertained bv a jury of
twelve men, in a Court of Record, as shall
be prescribed by law.
Sec. 49. The General Assembly shall1
prov:de for. the organization of cities and
incorporated villages by general laws, and
restrict the'r power of taxation, assess-!
merit, borrowing money, contracting debts,
anil loaning their credit, so as to prevent ]
the abuse of such power.
See. SO. All corporations with bank
ing and discounting privileges shall, prep
aratory to issuing bills as currency, deposit
the bonds of this State, equal in amount I
to the capital stock of such corporation,!
with the Auditor of the State, who shall
not permit an issue of circulation exceed-1
ing eighty per centum of the amount of
bonds so deposited, such circulation being
receivable for all taxes and dues to the
Mate, nmt the individual liahdty nt stock
holders shall be ns hereinbefore directed ;
Provided, That corporations chartered or
existing under any act of the Congress of
the United .States shall be exempted from
these provisions.
Sec. 61. The General Assembly, on
the day of final adjournment, shall adjourn
at 12 o'clock at noon.
ART I CUE VI.
EXECUTIVE OKI'A UTMENT.
Section 1. The Executive Depart
ment of tills Slate shall consist of a
Governor, Lieutenant Governor. Sec
retary of State, Auditor, Treasurer, At
torney General and Superintendent of
Public Instruction—all of whom shall
hold their several offices for the term
of four years and until their successors
arc elected and qualllied. They shall
he chosen by the qualllied electors of
this State at the time and places of
choosing the members of the General
Assembly.
Sec. 2. The supreme executive pow
er of this State shall be vested in the
Governor.
Se>\ ii. No person shall be eligible
to the otllrc olEGoveriior or Lieutenant
Governor who shall not have attained
the age of twenty-live years, who shall
not have been live years a citizen of the
United States, who shall not, nt the
time of bis election, Imve had ail actual
residence in this State for one year
next preceding his election, and who
shall not be a qualified elector as pre- j
scribed in this Constitution.
Sec. 4. In elections forGovernor and
Lieutenant Governor, the person huv-!
ing (In' highest number of votes shall ;
lie declared elected, lint in case that !
two or more persons shall have nn!
equal, and the highest number of votes
for Governor and Lieutenant Governor,
tlie General Assembly shall, by joint
vote, choose one of such persons. The
Governor shall be t’oininand*r-iii-Chief
of the military and naval forces of the
State, and may call out such forces to
execute the laws, suppress insurrec- i
tions, repel invasions, or preserve the]
public peace. Me shall transact all j
necessary business with other’officers j
of the State Government, and may re-j
quire information in writing of the;
officers of the Executive Department
upon any subject pertaining to the du
ties of their respective offices.
Sec. 5. It shall be the duty of the
Governor to see that the laws arc faith
i mn rAr»,mrur.
Sbo (!. He may convene the Lcgis- !
lathit ou extraordinary accusions.
Sec. 7. He shall give to the Genera!
Assembly, mid at the close of hia offi
cial term, to the next General Assem
bly information by Message, concern
ing the condition of the State, and
recommend such means to their consid
eration as he may deem expedient.
Sec. 8. He may convene the General
Assembly at some other place when
the seat of government becomes dan
gerous from the prevalence of disease.;
or the presence of a common enemy.
Skc. 1*. He may grant reprieves, par-;
dons and coinmutatiiAts after oonvio-:
tiou for all olfeiiqy-., except treason and ;
eases of impeachment, upon such condi-1
lions and witli such restrictions and
limitations as ho may think proper;;
subject, however, to such regulations !
as may he prescribed by law relative
to the manner of applying for pardons.
Upon conviction for treason he may
suspend execution of the sentence un
til the matter shall lie reported to the
General Assembly at its next session,
when the General Assembly shall
either pardon, commute the sentence,
direct the execution of the same or
grant a further reprieve. Tile Governor
shall communicate to the General
Assembly at each session, information
concerning cacti ease of pardon, re-!
prieve or commutation granted, and
the reasons therefor.
Sbc. 10- In case of the impeachment
of the Governor his removal from
office, death, resignation, inability or;
removal troni the State, the powers and
duties of the Governor shall devolve j
upon the Lieu' ant Governor during i
the residue ot the term or until the dis-1
abilit ■» of the Governor are removed, j
Sue. II. During a vacancy in .ei
office of Governor, if the Lieutenant I
Governor resign, he impanelled, dis-;
placed, absent from tile State or iiieapa- j
bio of acting, the President pro tempore ;
ot the Senate, shall act as Governor I
until the vacancy he tilled, or the disa- j
bit it y cease.
Skc. 12. The Lieutenant Governor
shall, iiv virtue of liis office, he Presi
dent of tile Senate, and when there is
an equal division he shall give the eas
ting vote.
Skc. 13. No member of Congress or
any person holding any office under the
United States or Ibis Stale, shall exe
cute the office of Governor.
Skc. 11. Thu Lieutcusnt Governor,
and the President of the Senate pro
tempore while performing the office of
Governor, shall receive the same com
pensation as the Governor.
Sec. lo. All official acts of the Gover
nor—his approval of the laws excepted
—shall he authenticated by the great
Seal of the State, which Seal shall be
kept by the Sccretarv of State.
Sic. lt>. The Governor shall, by and
with the advice anil consent of the
Senate, appoint a convenient nurnher
of Notaries Pnblic, not to exceed six
for each county, who shall discharge
such duties as are now, or may hereaf
ter he prescribed by law.
Sec. 17. All c<- omissions issued to
persons holding office under the pro
visions of this Constitutipn shall be in
the name, and by the authority of the
people of the State of Arkansas, sealed
with the great Seal of the State, signed
by the Governor, and countersigned by
the Secretary of State.
Sec:. IS. The Governor, Chief Justice,
Secretary of State, Treasurer, Auditor,
Attorney General and Superintendent
of Public Instruction, shall severally
reside, and keep all public records,
books, papers and documents which
may pertain to their respective offices,
at the seat of government.
Sec. 19. The returns of every elec
tion for Governor, Lieutenant Gover
nor. Secretary of State, Treasurer, Au
ditor, Attorney General and Superin
tendent of Public Instruction, shall be
sealed up and transmitted to the scat
of government by the returning offi
cers and directed to the .presiding offi
cer of the senate, who during the first
week of the session shall open and pub
lish the same in presence of the mem
bers then assembled. The person hav
ing tlft> highest number of votes shall
he declared elected, hut if two or more
shall have the highest and equal num
ber of votes for the same office, one of
them shall be chosen by a joint vote of
both houses. Contested elections shall
likewise be determined liv both houses
of the General Assembly in such milliner
as is or may hereafter be prescribed In
law.
Skc. 20. The secretary of state shall
keep a fair record ofnll official acts anil
proceedings of the Governor, and shall
when required lay the same mid all pa
pers. minutes and vouchers relative
thereto, before the General Assembly,
and shall perform sueh other duties as
are now, or may hereafter he prescri
bed hy law.
Skc. 21. The Auditor, Treasurer, At
torney General, and Superintendent ot
Public Instruction, shall perform such
duliJs as are now, or limy hereafter be
prescribed by law.
Skc. 22. In the case of the death,
Impeachment, removal from the state
or other disability of the secretary of
slate. Treasurer, Auditor, Attorney
General, and superintendent of Public
Instruction, the vacancies in their
several offices thus occasioned shall he
tilled by appointment of the Governor,
which appointment shall be made for
the u n ex pi red terms of said officers, or
until said disabilities are removed, or
until elections are held to tilt said
vacancies.
Sec. 23. Until the General Assembly
shall otherwise provide, the Governor
shall appoint a suitable person, who
shall be styled Commissioner of Public
Works and Internal Improvements,
who shall hold his office during the
term of four years, and until Ids succes
sor is duly commissioned and qualified.
It shall lie tlie duty of the Commiss
ioner of Public Works and Internal
Improvements to superintend all pub
lic works which may he carried ou by
the state, and have a supervising con
trol over all internal improvements in
which the state is interested, and, until
otherwise provided hy the General
Assembly, lie shall he ex officio Com
missioner of Immigration and of state
Lands, and shall perform sueh other
duties as may he prescribed by law.
lie shall receive for his services the
same salary as provided by law for the
Auditor of state.
Sbc. 21. The officers of the Kxerutivc
Department, mentioned in this Article,
shall, at stated times, receive for their
services a compensation to be establish
ed by law, winch shall not bo diminish
ed during the period for which they
shall have been elected or appointed.
Skc. 25. The officers of the Kxecutive
Department and Judges of the supreme
v.'iMii i 911U11 nut uu ni'giniv, uiirili“ 1110
period for which they may be elected
or appointed to their respective offices,
to any position in the gift of the quali
fied electors or of the General Assem
bly of this state.
Sec. 26. The returns of every elec-1
lion for state, county and Judicial offi
cers, not herein provided for, shall lie
sealed tip and transmitted to the seat
of Government bv the returning offi
cers, and directed to the secretary of
state, who shall open and publish the
same, and the persons so elected shall
be duly commissioned by the Governor.
ABTICLE VII.
JfDICIAUY.
Section. 1. The Judicial power of
ilio state shall be vested in the senate
sitting as a Court of Impeachment, a
Supreme Court, Circuit Courts, aud
such other courts inferior to the Su
preme Court as the General Assembly
may from time to time establish.
Sic. 2. The House of Bepreseiita
tives shall have the sole power of
impeachment. All impearhineutsshall
be tried by the senate. WIich siting
for that purpose the senators shall be
upon o it li or affirmation, and no person
shall be convicted without the concur
rence of two-third* of the members
thereof. The Chief Justice shall pre
side. and the secretary of states shall
act as Clerk of this Court; Provided,
that in case of the trial of either of
them the person xppointed temporarily
to perform the duties of the office shall
act. The Governor, and all other civil
officers under this stale, shall be liable
to iuipeaejiment for any misconduct or
maladministration of their respectivs
offices; but judgment in such ease
shall not extend farther than the remov
al from office and disqualification to
hold any office of honor, trust, or
protit. under this state. The party,
whether convicted or acquitted, shall
e; ,’ertheless be liable to indictment,
t rial aud judgment, according tola,..
Sic. 3. Two terms of the supreme
Court shall be held at the seat of Gov
ernment annually, provided, that the
General Assembly may provide by law
for bolding said court at three other
placet. The supreme court shall con
sist of one Chief Justice, who shall be
appointed by the Governor, by and
with the advice aud content of the Sen
ate, fur the term of eight years, And
four Associate Justices, who shall be
chosen by the qualified electors of the
■‘tut'1 at large for tho term of dlklit i
year*. Provided that two ol'tlic Sfeo- i
eiate Justices tirst chosen under this
Constitution stiall serve for four years '
after the next general election, and two :
of them for eight years after said elec- 1
lion, said limes to he determined by 1
lot; but thereafter the Associate Jus- ]
tices shall he chosen for the lull term.
Sbc. 4. The Supreme Court shall i
have general supervision and control
over all inferior courts of law and *
equity. It shall have power to issue i
writs of error, supersedeas, certiorari, 1
habeas corpus, mandamus, quo-war- 1
ranto, and other remedial writfea, and
to bear and determine the same. Final ■
Judgment in the inferior courts may be
brought by writ of error, or by appeal,
into the Supreme Court, in such man
ner as may be prescribed by law.
Sec. 5. The inferior courts of the
State, as now constituted by law. except
us hereinafter provided, shall remain with
the same j urisdiction as tl»y now possess;
Provided that the General Assembly may
provide for the estabMimcnt of such
inferior courts, changes of jurisdiction, or !
abolition of existing inferior courts, as i
may,be deemed requisite. The Judges
of the inferior courts heroin provided for,
or of such as may hereafter be established
by law, shall be appointed by the Gover
nor, by and with ahe advice and consent
of the Senate, for the term of six years,
and until such time ns the General Assem
bly may otherwise direct; Provided that
the General Assembly shall not interfere
with the term of office of any Judge.
Sec. 6- All writs and other process
shall run in the name of the State of Ark
ansas, and boar taste and be signed by the
oierks of the respective courts from which
they issue. Indictments shall conclude
“ Against the |ieacc and dignity of the
State of Arkansas.”
Sec. 7. No Jud^c shall preside on the
iiiui ui an^ wiuou iu me event oi which ue j
may be interested, or where cither of the ;
parties shall be connected with him by
affinity or consanguinity within such de
grees as may be prescribed by law, or in
which he may have been counsel, or have
presided in any inferior court.
Sec. 8. In case all or any of the judges
of the Supremo Court shall be disqualified
from presiding, on any cause or causes, the
court or judges thereof shall"certify the
same to the Governor of the State, aud he
shall immediately commission, specially,
the required number of men learned in
the law few the trial and determination
thereof
Sec. 9- Whenever, at ten o’clock, a. m.,
of the second day of any term of the ■
inferior courts of this State, the judge I
thereof is not present, or if present and
lie oannot for any cause properly preside !
at the trial of any case pending therein,
the attorneys of said courts then present I
may select a special judge, who shall pre I
side during the trial of such case or cases,
or shall hold said court until the appear
ance of the regular judge thereof. The I
proceedings in such cases -hall be entered
at large upon the journal.
Sec. 10. The judges of the inferior
courts may feuipotaily exchange circuits,
or hold courts for each other under such
regulations as may bo prescribed by law.
Sec. 11. Judges shall not charge juries
with regard to matters of fact, hut shall
declare the law. In all trials by jury the
judges shall give their instructions and
charges in writing; and if the trial is by
the court he shall reduce to writing his
liudings upon the facts in the case, and
shall declare the law in the same manner
ho is required to do when iustructing
juries.
Sec. 12. Any judge whose appoint
ment is herein provided for, shall be at
least twenty-five years of age, a qualified
elector of this State, and shall have beeu
for one year an actual resident of the
State, and shall reside in the circuit or dis
trict to which he may be appointed or
elected.
Sec. 13. The judges of the Supreme
or inferior Courts shall at stated times,
receive a compensation for their services
as is now or may hereafter be provided
by law, and which shall not be diminished
during the respective terms for which they
may be ejected or appointed
Sec. 14. The inferior oourts shall hold
annually such terms as the General
Assembly may direct.
Skc. I.) All appeals from inferior
('uni ts shall be taken in such manner and
to such Courts as may be provided by
hw; appeals may be taken from courts of
justicos of the peace to such Courts and
iu sueb manner as may be prescribed by
law.
<S'kc. 16. When a vacancy occurs in
the office of juil<;e of the Supreme, or any
of the inferior Courts, it shall be filled by
appointment of the Governor, which
appointee shall hold his office the residue
of the uucxpired term, and until his suc
cessor is elocted and qualified.
Sec. 17. The supreme court aud aucli oilier
oourts as may be established by law shall be
oourts of record, aud shall each have a com
mon seal.
Sec. IS. The supreme court shall appoint
a clerk of said court, aud also a reporter of
its decisions. The decisions of the supreme
court shall be in writing, and signed by the
judges concurring therein: any judge dissent
ing therefrom shall giro the reasoue of such
dissent in writing, under his signature; all
such decisions shall be filed in the office of
the clerk of the supreme court, aud be pub
lished in such manner as the Qenwral Assem
bly may direct. The clerk and reporter shall
hold their respective offices forthrterm of si*
years, subject to removal by the oourt for
cause*
Met. ID. A county olerk shall be elected
by the qualified electors iu each organized
county in this state, for the term offouryeara.
and shall perform such duties, and receive I
such fees as are now or may hereafter be pre
scribed by law. |
Seo. SO. In each township iu litis slat. '■
there shall be eleeted by the qualified electors I
thereof two justice* of the peace, who shall I
hold ihetr offices for the term of f,,ur years:!
Provided. That in such tuvtuships a» may
contain more than two hundred qualified elec '
tors, an additional justice ut ike peace mat
be choseu.
Justices of the peace shall have exclusive
original jurisdiction in all actions of contract
and replevin where the amount in controver
sy does not exceed two hunfled dollars, and
concurrent jurisdiction with the circuit court
where the amount doee nut exceed five huu
dred dollars.
In criminal eases lha jurisdiction of just ices
of I lie peace shall extend to all matters lean
than felony for final determination aud judg
ment.
See. 21. Any suitor in any court iu this
state shall have the right to prosecute or de
end his suit in bis own proper parson or by
•Itorney.
Sec. *J2. In the courts of this state there
hull he no exclusion of any witness in civil
cl ions because he is a parly to, or is intcr
sted irt the issue to be tried, and no person
ouvicted of infamous crime -hall be a eom
ictent witness in any ease, without Ibe eon
snt ofhoth parties to the controversy; Pro
dded. Thef in actions hy nr against execu
ore. administrators or guardians, in which
udgtnent may be rendered for nr Against them,
teifher party shall allowed !ote«tify against
he other as to any transactions with or itate
nents to the testator, intestate or ward, un
ess called thereto by the opposite party, or
eqnired lo testify thereto by the court. The
tuiges of the supreme court and all inferior
ourts shall be conservators of the peace
hroughout their respectivejurisdietions.
ARTICLE VIII.
FRANCHISE.
See. 1. Iii all elections by the peo
>le the electors shall rote by ballot.
See. 2. Every male person born in the
United States, and every male person
who has been naturalized, or has legal -
y declared his intention to become a
•itizen of the United States, who is
wentv-ono years old or upwards, and
who shall have resided in tlie State six
months next preceding the election,
uid who at the time is an actual resi
lent of the county in which lie offers
to vote, except ns hereinafter provided,
dial! be deemed an elector; Provided.
No soldier, or sailor, or marine, in tho
military or naval service of the United
States, shall acquire a residence by
reason of being stationed on duty in
Litis State.
Sec. 3. The following classes shall
not be permitted to register or hold of
fice, viz:
1st. Those who during tho rebellion
look the oath of allegiance, or gave
bonds for loyalty and good behavior
to tho United States government, ami
afterwards gave aid, comfort or coun
tenance to those engaged in armed lies
Slates, either by becoming a soldier hi
Hie rebel army, or by entering the lines
of said army, or adhering in any way
to the cause of rebellion, or by accom
panying any armed forces belonging
to the rebel army, or by furnishing sup
plies of any kind to the same.
2nd. Those who are disqualified as
electors, or from holding office in the
State or States from which they came.
fid. Those persons who during the
late rebellion violated the rules of civ
ilized warfare.
4th. Those who may be disqualified
by the proposed amendment to the
Constitution of the United States,
known as Article XIV, and those who
have been disqualified from register
ing to vote for delegates to the Con
vention to frame a Constitution for
tlie State of Arkansas, under the act of
Congress entitled ‘‘An act to provide
for tlic more efficient government of
the rebel States," passed March 2nd,
I8b7, and the acts supplemental thereto.
5th. Those who shall have been con
victed of treason, embezzlement of pub
lic funds, malfeasance in office, crimes
punishable by law with imprisonment
in the penitentiary, or bribery.
tith. Those who are idiots or insane,
Provided. That all persons included
in the 1st. 2nd, fidaud4tli sub-divisions
of this section, who have openly advo
cated or who have voted for the recon
struction proposed In Congress, and
accept the equality of all men before
the law. shall bo deemed qualified elec
tors under this Constitution.
Sec. 4. The General Assembly shall
have the power, hv a two-tldrds vole
of each house, approved by the Gover
nor, to remove the disabilities includ
ed .ill the 1st, 2nd, fid and 4tli sub-ili
vistous of section three, of (Ids article,
wheu it appears that such person ap
plying for relief from such disabilities,
lias in good faith returned to his alle
giance to the government of the Uni
ted States; Provided, the General As
sembly shall have uo power to remove
the disabilities of any person embraced
in the aforesaid sub-divisions who, af
ler the adoption of this Constitution
by the convention, persists in opposing
the acts of congress ami reconstruction
thereunder.
Sec. 5. AH persons before register
ing or voting must take and subscribe
the following oath: “I, -, do sol
emnly swear (or affirm) that 1 will
support and maintain the constitution
it.il Innra aC tl.A *1...
constitution ami laws of the State of
Arkansas ; that 1 am not excluded from
registering or voting by any of the
clauses in the llrst, second, third or
fourth subdivisions cf article VIII of
the constitution of the State of Arkan
sas; that I will never countenance or
lid in the secession of this State from
tlie United States; that I accept the
rivil and political equality of all melt.
»nd agree not to attempt to deprive
suv person or persons, on account of
race, color or previous condition, of
my political or civil right, privilege or
immunity enjoyed by any other class
at'men; and, furthermore, that I will
not in any way injure, countenance In
ethers any attempt to injure any per
mit or persons on account of past or
•resent support of the government of
he United SMcs, the laws of the Uni
ted States or principle of the polit
cal and civil equality of all men, or for
initiation with any political partv, Pro
dded, That if any person Bhall know
nglv and falsely take any oath in this
'onstltutlon prescribed, such person so
•Vending, and being thereof duly con
rioted, shall be subject to the pains,
•canities and disabilities, which, bv
aw are provided for tin* punishment
•f willful nnd corrupt perjury.
Sec. 6. Electors shall in a If cases ex
:ept treason, felony, or breach of the
l>eaoe, he privileged from arrest anil
■ivil process during their attendance
it elections, and iu going to and return
ing frrfm the same.
Sec. 7. It fhall he the duty of the
Uenernl Assembly In enact adequate
aws giving protection against theevils
••'•sing from the u»e of iutoxicaliug
liquors at elections.
ARTICLE IX.
KPCCATIOX,
Sec. 1. A general diffusion of knowl
edge and intelligence among all classes,
being essential to the preservation of
|ho riglils and liberties of the people,
•‘he (ieneral Assembly shall establish
md iii.titiiniii a system of free schools,
for the grAiuitons instruction of all
persons in this state, hetweeu the ages
of live and twenty-one years, and the
funds appropriated for the support of
common schools shall be distributed to
the several counties, in proportion to
the number of children and youths
therein between the ages of five and
twenty-one years, in such manner as
shall be prescribed by law, but no re.
CoSSISl'SD ON SNCONtl nai.