CONSTITUTION
OF
A
State convention, which met at
CONSTITUTION OF
We,
the people of the State of Arkansas, having the right to establish
for ourselves a Constitution in conformity with the Constitution
of the United States of America, recognizing the legitimate consequences
of the existing rebellion, do hereby declare the entire action of
the late convention of the State of Arkansas, which assembled in the
city of Little Rock, on the fourth day of March, one thousand eight
hundred and sixty-one, was, and is, null and void, and is not now, and never
has been binding and obligatory upon the people.
That all
the action of the State of Arkansas under the authority of
said convention, of its ordinances, or of its constitution, whether legislative,
executive, judicial or military (except as hereinafter provided, ) was, and
is hereby declared null and void; Provided, That this ordinance shall
not be so construed as to affect the rights of individuals, or change county boundaries, or county seats, or to make invalid
the acts of justices of the peace, or other officers in their authority
to administer oaths, or take and certify the acknowledgment of deeds of
conveyance or other instruments of writing, or in the solemnization of
marriages: And provided further, That no debt or
liability of the State of Arkansas incurred by the action of said convention,
or of the legislature or any department of the government under the authority of either, shall ever be recognized as obligatory.
And we, the
people of the State of Arkansas, in order to establish therein
a State government, loyal to the Government of the United States—to
secure to ourselves and our posterity, the protection and blessings
of the Federal Constitution, and the enjoyment of all the rights of liberty
and the free pursuit of happiness, do agree to continue
ourselves as a free and independent State, by the name and style of " the State of Arkansas, " and do ordain and establish
the following Constitution for the
government thereof:
article I
- BOUNDARIES
OF THE
STATE
We do declare and
establish, ratify and confirm the following as the permanent
boundaries of the State of Arkansas, that is to say: Beginning
in the middle of the Mississippi River, on the parallel of thirty-six degrees
north latitude, to the Saint Francis River; thence up the middle
of the main channel of said river, to the parallel of thirty-six degrees,
thirty minutes, north, from the west to the southwest corner of
the State of Missouri; and from thence to be bounded on the west to
the north bank of Red River, as by acts of Congress of the United States,
and the treaties heretofore defining the western limits of the Territory
of Arkansas; and to be bounded on the south side of Red River by the boundary-line of the State of Texas, to the northwest
corner of the State of Louisiana; thence east with the Louisiana State
line, to the middle of the main channel of the Mississippi River; thence
up the middle of the main channel of said river, to the thirty-sixth
degree of north latitude, the point of beginning—these being the boundaries of the State of Arkansas as defined by the constitution thereof,
adopted by a convention of the representatives of the people of
said State, on the thirtieth day of January, anno Domini,
eighteen hundred and thirty-six,
being the same boundaries which limited the area
of the Territory of Arkansas as it existed prior to that time.
article II
- DE
That the
great and essential principles of liberty and free government may be
unalterably established, we declare:
section 1.
That all men, when they form a social compact, are equal, and have certain
inherent and indefeasible rights, amongst which
are those of enjoying and defending life and liberty; of acquiring,
possessing and protecting property and reputation, and of pursuing their own happiness.
Section 2.
That all power is inherent in the people; and all free governments
are founded on their authority, and instituted for their peace
and happiness. For the advancement of these ends, they have, at
all times, an unqualified right to alter, reform, or abolish their government
in such manner as they may think proper.
Section 3.
That all men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own consciences; and
no man can, of right, be compelled to attend, erect or support any
place of worship, or to maintain any ministry against his consent; that
no human authority can, in any case whatever, interfere with the rights
of conscience; and that no preference shall ever be given to any
religious establishment or mode of worship.
Section 4.
That the civil rights, privileges or capacities of any citizen shall in no
wise be diminished or enlarged on account of his religion.
Section
5.
That all elections shall be free and equal.
Section
6.
That the right of trial by jury shall remain inviolate.
Section 7.
That printing-presses shall be free to every
person; and no law shall ever be made
to restrain the rights thereof. The free communication
of thoughts and opinions is one of the invaluable rights of man;
and every citizen may freely speak, write and print, on any subject—being
responsible for the abuse of that liberty.
Section 8.
In prosecutions for the publication of papers investigating the
official conduct of officers or men in public capacity, or where the matter
published is proper for public information, the truth thereof may
be given in evidence, and in all indictments for libels, the jury shall
have the right to determine the law and the facts.
Section 9.
That the people shall be secure in their persons, houses, papers
and possessions, from unreasonable search and seizures; and that
general warrants, whereby any officer may be commanded to search
suspected places without evidence of the fact committed, or to seize
any person or persons not named, whose offences are not particularly
described and supported by evidence, are dangerous to liberty, and shall not
be granted.
Section 10.
That no man shall be taken or imprisoned, or disseized
of his freehold, liberties or
privileges, or outlawed or exiled, or in any manner destroyed, or deprived of
his life, liberty, or property, but by the
judgment of his peers or the law of the land.
Section 11.
That in all criminal prosecutions, the accused hath a right to be heard by
himself and counsel; to demand the nature and cause of
the accusation against him, and to have a copy thereof; to meet the
witnesses face to face; to have compulsory process for obtaining witnesses
in his favor; and in prosecutions by indictment or presentment,
a speedy public trial by an impartial jury of the county or district
in which the crime may have been committed; and shall not be compelled
to give evidence against himself.
SECTION 12.
That no person shall for the same offence, be twice put in jeopardy
of life or limb.
SECTION 13.
That all penalties shall be reasonable, and proportioned to
the nature of the offence.
SECTION 14.
That no man shall be put to answer any criminal charge, but
by presentment, indictment or impeachment, except as hereinafter provided.
SECTION 15.
That no conviction shall work corruption of blood or forfeiture
of estate, under any law of this State.
SECTION 16.
That all prisoners shall be bailable by sufficient
securities, unless in capital offences, where the proof is evident or the
presumption great. And the
privilege of the writ of habeas corpus shall not be suspended,
unless where in case of rebellion or invasion the public safety
may require it.
SECTION
17. That excessive bail shall in no case be required, nor
excessive fines imposed.
SectioN
18.
That no ex post facto law, or law impairing the obligations
of contracts shall ever be made.
Section 19.
That perpetuities and monopolies are contrary to the genius
of a republic, and shall not be allowed; nor shall any hereditary
emoluments, privileges or honors, ever be granted or conferred in this
State.
Section 20.
That the citizens have a right, in a peaceable manner, to assemble
together for their common, good to instruct their representatives,
and to apply to those invested with the power of the government
for redress of grievances or other proper purposes, by address or
remonstrance.
Section 21.
That the free white men of this State shall have a right
to keep and to bear arms for their common defence.
SECTION 22.
That no soldier shall, in time of peace, be quartered in
any house without the consent of the
owner, nor in time of Avar, but in a manner prescribed by law.
Section 23.
The military shall be kept in strict subordination to the civil
power.
Section 24.
This enumeration of rights shall not be construed to deny or
disparage others retained by the people, and to guard against any
encroachments on the rights herein retained, or any transgression of any
of the higher powers herein delegated, we declare that everything
in this article is excepted out of the general powers of the government,
and shall forever remain inviolate; and that all laws contrary
thereto, or to the other provisions herein contained, shall be void.
article III
- OF
DEPARTMENTS
section 1.
The power of the government of the State of
Section
2. No person or collection of persons being of one of
those departments, shall exercise any power
belonging to either of the others,
except in the instances hereinafter expressly directed or permitted.
article IV
-
section 1.
The legislative power of this State shall be invested in a general
assembly, which shall consist of a senate and house of representatives.
QUALIFICATION
OF ELECTORS
Section 2.
Every free white male citizen of the United States who shall
have attained the age of twenty-one years, and who shall have been
a citizen of the State six months next preceding the election, shall be deemed
a qualified elector, and be entitled to vote in the county or district where he actually resides, or in case of volunteer soldiers,
within their several military departments or districts, for each and every
office made elective under the State or under the United
States: Provided, That no soldier, seaman or marine in the Regular
Army or Navy of the United States shall be entitled to vote at
any election within the State in time of peace: And provided further,
That any one entitled to vote in
this State in the county where he
resides, may vote for the adoption or rejection of this constitution in any county in this State.
TIME OF CHOOSING REPRESENTATIVES
Section
3. The house of representatives
shall consist of members to be chosen every
second year by the qualified electors of the several counties.
QUALIFICATIONS OF A
REPRESENTATIVE '
Section 4.
No person shall be a member of the house of representatives who
shall not have attained the age of twenty-five years; who shall not
be a free male white citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the
time of his election, have an actual residence in the county he may be
chosen to represent.
QUALIFICATIONS
OF A
SENATOR
Section 5.
The senate shall consist of members to be chosen every four years,
by the qualified electors of the several districts.
Section 6.
No person shall be a senator who shall not have attained the age
of twenty-five years; who shall not be a free, white male citizen of
the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the time of his election, have an actual
residence in the district he may be chosen to represent.
Section 7.
The general assembly shall meet every two years, on the first
Monday in November, at the seat of government, until changed by
law, except that the general assembly for the year 1864, shall meet on
the second Monday in
MODE
OF
Section 8.
All general elections shall be viva voce until otherwise directed
by law, and commence and be holden every two
years, on the first Monday in August,
until altered by law, (except that) the first election under this
constitution shall be held on the second Monday in March, 1864, and the
electors in all cases, except in cases of treason, felony
and breach of the peace, shall be privileged from arrest during heir attendance on elections and in going to and returning therefrom.
DUTY OF GOVERNOR
Section 9.
The governor shall issue writs of election to fill such vacan-ies
as shall occur in either house of the general assembly.
SectioN 10.
No judge of the supreme circuit, or inferior courts of law, or
equity, Secretary of State, Attorney-General of the State, District Attorneys, State Auditor or Treasurer, register or recorder, clerk of my
court of record, sheriff, coroner or member of Congress, nor any other
person holding any lucrative office under the United States or his
State, (militia officers, justices of the peace, postmasters and judges
of the county courts excepted, ) shall be eligible to a seat in ither
House of the General Assembly.
Section 11.
No person who now is, or shall be hereafter, a collector or holder of public
money, nor any assistant or deputy of such holder or collector
of public money, shall be eligible to a seat in either House of the
General Assembly, nor to any office of trust or profit; until he hall
have accounted for and paid over all sums for which he may lave been
liable.
Section 12.
The General Assembly shall exclude from every office of rust
or profit, and from the right of sufferage within
this State, all persons convicted of
bribery, or perjury, or other infamous crime.
Section 13.
Every person who shall have been convicted, either directly
or indirectly, of giving or offering any bribe to procure his lection or
appointment, shall be disqualified from holding any office of
trust or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person
shall, on conviction thereof, be disqualified from being an elector, or from
holding office of trust or profit under this State.
Section 14.
No senator or representative shall, during the term for which
he shall have been elected, be appointed to any civil office under this
State which shall have been created, or the emoluments of which shall have
been increased during his continuance in office, except to such
office as shall be filled by the election of the people.
Section 15.
Each House shall appoint its own officers, and shall judge of
the qualifications, returns and elections of its own members. 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 penalties as each
house shall provide.
Section 16.
Each house may determine the rules of its proceedings, punish
its own members for disorderly behavior, and, with the concurrence
of two-thirds of the members elected, expel a member; but no member
shall be expelled a second time for the same offence. They shall each, from time to time, publish a journal of their proceedings,
except such parts as may require secrecy; and the yeas and nays upon any
question shall be entered on the journal at the desire of any five members.
Section
17.
The door of each house, when in session or in committee of
the whole, shall be kept open, except in cases which may require secrecy; and
each house may punish, by fine and imprisonment, any person,
not a member, who shall be guilty of disrespect to the house, by
any disorderly or contemptuous behavior in their presence during their
session; but such imprisonment shall not extend beyond the final adjournment of that session.
Section 18.
Bills may originate in either House, and be amended or rejected
in the other, and every bill for an act shall be read three times
before each house, twice at length, and in no case shall a bill be read
more than twice on one day; and the vote upon the passage of any
law shall, in all cases, be taken by yeas and nays, and by recording the same; and every bill having passed both houses, shall be signed
by the president of the senate and the speaker of the house of
representatives.
Section 19.
Whenever an officer, civil or military, shall be appointed by
the joint or concurrent vote of both houses, or by the separate vote of
either house of the General Assembly, the vote shall be taken viva voce,
and entered on the journal.
Section 20.
The 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 for fifteen days before
the commencement and after the termination of each session; and
for any speech or debate in either House, they shall not be questioned in any other place.
Section 21.
The members of the General Assembly shall severally receive from the public
treasury, compensation for their services, which may be increased or
diminished; but no alteration of such compensation
of members shall take effect during the session at which it is
made.
MANNER OF
BRINGING
Section 22.
The general assembly shall direct by law, in what courts, and
in what manner suits may be commenced against the State.
Section 23.
The general assembly shall not have power to pass any bill of
divorce, but may prescribe by law the manner in which such cases may
be investigated in the courts of justice, and divorces granted.
Section 24.
The governor, lieutenant-governor, secretary of state, auditor,
treasurer, and all judges of the supreme, circuit and inferior courts
of law and equity, and the prosecuting attorneys for the State, shall
be liable to impeachment for any malpractice or misdemeanor in
office, but judgment in such cases shall not extend further than removal
from office, and disqualification to hold any office of trust or profit
under this State. The party impeached, whether convicted or acquitted,
shall nevertheless be liable to be indicted, tried and punished according to
law.
Section 25.
The house of representatives shall have the sole
power of impeachment, and all
impeachments shall be tried by the senate; and when
sitting for that purpose, the senators shall be on oath or affirmation
to do justice according to law and evidence. When the governor shall be tried,
the chief justice of the supreme court shall preside, and no
person shall be convicted without the concurrence of two-thirds of all the
senators elected; and for reasonable cause which shall not be sufficient ground for impeachment, the governor shall, on the joint
address of two-thirds of each branch of the legislature, remove from office
the judges of the supreme and inferior courts: Provided, The cause
or causes of removal be spread on the journals, and the party charged
be notified of the same, and heard by himself and counsel before
the vote is finally taken and decided.
Section 26.
The appointment of all officers, not otherwise directed by this
constitution, shall be made in such manner as may be prescribed by
law; and all officers, both civil
and military, acting under the authority
of this State, shall, before entering on the duties of their respective
offices, take an oath or affirmation to support the Constitution
of the United States and of this State, and to demean themselves faithfully in
office.
Section
27. No county now established by law shall ever be
reduced by the establishment of any new
county or counties, to less than six hundred
square miles, nor to a less population than its ratio of representation
in the house of representatives; nor shall any county be hereafter
established which shall contain less than six hundred square miles, or
a less population than would entitle each county to a member in
the house of representatives.
Section 28.
The style of the laws of this State shall be—"Be it enacted by
the general assembly of the State of
Section 29.
The State shall from time to time be divided into convenient
districts, in such manner that the senate shall be based upon the free, white
male inhabitants of the State, each senator representing
an equal number as nearly as practicable; and the senate shall never consist of less than seventeen nor more than thirty-three members;
and as soon as the senate shall meet after the first election to be
held under this constitution, they shall cause the senators to be divided
by lot into two classes, nine of the first class and eight of the second;
and the seats of the first class shall be vacated at the end of two
years from the time of their election; and the seats of the second class
at the end of four years from the time of their election, in order
that one class of the senators may be elected every two years.
Section 30.
An enumeration of the inhabitants of the State shall be taken
under the direction of the general assembly on the first day of January, one thousand eight hundred and sixty-five, and at the end of
every ten years thereafter; and the general assembly shall, at the first
session after the return of every enumeration, so alter and arrange the senatorial districts, that each district shall contain, as nearly
as practicable, an equal number of free white male inhabitants.
sECTION 31.
The ratio of representation in the senate shall be fifteen hundred
free white male inhabitants to each senator, until the senators amount to twenty-five in number, and then they shall be equally apportioned
upon the same basis throughout the State, in such ratio as
the increased number of free white male inhabitants may require, without
increasing the senators to a greater number than twenty-five,
until the population of the State amounts to five hundred thousand
souls; and when an increase of senators takes place, they shall, from
time to time, be divided by lot, and be classed as prescribed above.
Section 32.
The house of representatives shall consist of not less than fifty-four,
nor more than one hundred representatives, to be apportioned
among the several counties in this State, according to the number of free
white male inhabitants therein, taking five hundred as the ratio, until the number of representatives amounts to seventy-five;
and when they amount to seventy-five, they shall not be further increased
until the population of the State amounts to five hundred thousand
souls: Provided, That each county now organized, shall although
its population may not give the existing ratio, always be entitled
to one representative; and at the first session of the general assembly,
after the return of every enumeration, the representation shall
be equally divided and re-apportioned among the several counties,
according to the number of free white males in each county, as above
prescribed.
MODE
OF AMENDING THE CONSTITUTION
The
General Assembly may, at any time, propose such amendments to this
Constitution as two-thirds of each house shall deem expedient, which
shall be published in all the newspapers published in this State,
three several times, at least twelve months before the next General
Election; and if, at the first session of the General Assembly after
such general election, two-thirds of each House shall, by yeas and
nays, ratify such proposed amendments, they shall be valid to all
intents and purposes as parts of this Constitution: Provided, That
such proposed amendments shall be read on three several days in
each House, as well when the same are proposed as when they are finally ratified.
article V
- ABOLISHMENT
OF SLAVERY
SECTION 1.
Neither slavery nor involuntary servitude shall hereafter
exist in this State, otherwise than for the punishment of crime, whereof
the party shall have been convicted by due process of law; nor
shall any male person, arrived at the age of twenty-one years, nor female
arrived at the age of eighteen years, be held to serve any person as a servant, under any indenture or contract hereafter made, unless
such person shall enter into such indenture or contract while in a
state of perfect freedom, and on condition of a bona-fide consideration
received, or to be received for their services.
Nor
shall any indenture of any negro or mulatto hereafter made and executed
out of this State, or if made in this State, where the term of
service exceeds one year, be of the least validity, except those given in
case of apprenticeship, which shall not be for a longer term than until the
apprentice shall arrive at the age of twenty-one years, if a male,
or the age of eighteen years, if a female.
article VI
- EXECUTIVE
DEPARTMENT
section 1.
The supreme executive power of this State shall be vested
in a chief magistrate, who shall be styled " the
Governor of Arkansas. "
Section
2.
The Governor shall be elected by the qualified electors, at the
time, and places where they shall respectively vote for Representatives.
Section 3.
The returns of every election for Governor, except those of the
election of eighteen hundred and sixty-four, which shall be sealed and
directed, as ordered in the schedule appended to this Constitution,
shall be sealed up and transmitted to the speaker of the House of
Representatives, who shall, during the first week of the session, open and publish them in the presence of both Houses of the General assembly.
The person having the highest number of votes shall be governor;
but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses of
the general assembly, in such manner as shall be prescribed by law.
Section 4.
The governor shall hold his office for the term of four years from
the time of his installation, and until his successor shall be duly qualified,
but he shall not be eligible for more than eight years in any
term of twelve years; he shall be at least thirty years of age, a
native-born citizen of Arkansas, or a native-born citizen of the United
States, or a resident of Arkansas ten years previous to the adoption
of this constitution, if not a native of the United States, and
shall have been a resident of the same at least four years next before
his election.
Section 5.
He shall, at stated times, receive a compensation for his services, which
shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, within that
period, any other emolument from the United States, or any one of
them, or from any foreign power.
Section 6.
He shall be commander-in-chief of the army of this State, and
of the militia thereof, except when they shall be called into the service
of the
Section 7.
He may require any information, in writing, from the officers
of the executive department on any subject relating to the duties
of their respective offices
Section 8.
He may, by proclamation, on extraordinary occasions, convene the general
assembly at the seat of government, or at a different place,
if that shall have become, since their last adjournment, dangerous
from an enemy, or from contagious diseases. In case of disagreement
between the two houses, with respect to the time of adjournment,
he may adjourn them to such time as he shall think proper, not beyond the day
of the next meeting of the general assembly.
Section 9.
He shall, from time to time, give to the general assembly information
of the state of the government, and recommend to their consideration,
such measures as he may deem expedient.
Section 10.
He shall take care that
the laws be faithfully executed.
Section 11.
In all criminal and penal cases, except in those of treason and impeachment,
he shall have power to grant pardons, after conviction, and remit fines and forfeitures, under such rules and regulations
as shall be prescribed by law. In cases of treason, he shall have
power, by and with the advice and consent of the senate, to grant reprieves and pardons, and he may, in the recess of the senate,
respite the sentence until the end of the next session of the general assembly.
Section 12.
There shall be a seal of this State, which shall be kept by the
governor, and used by him officially.
Section 13.
All commissions shall be in the name and by the authority of
the State of
Section 14.
There shall be elected a secretary of state by the qualified voters
of the State, who shall continue in office during the term of four
years, and until his successor in office be duly qualified; he shall keep
a fair register of all official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes and
vouchers relative thereto, before the general assembly, and shall perform
such other duties as may be required by law.
Section
15. Vacancies that may happen in offices, the election of
which is vested in the general assembly,
shall be filled by (he governor, during
the recess of the general assembly, by granting commissions, which
shall expire at the end of the next session.
Section 16.
Vacancies that may occur in offices, the election to which is
vested in the people, within less than one year before the expiration
of their term, shall be filled by the governor granting commissions, which shall expire at the end of the next term; but if one year or
a longer period remains unexpired at the time of the vacancy, then,
and in that case, the governor shall order an election to be held to
fill the vacancy.
Section 17.
Every bill which shall have passed both houses shall be presented
to the governor; if he approve it, he shall sign
it; but if he shall not approve it,
he shall return it, with his objections, to the
house in which it shall have originated, who shall enter his objections
at large upon their journals, and proceed to reconsider it. If,
after such reconsideration, a majority of the whole number elected to
that House shall agree to pass the bill, it shall be sent, with the objections,
to the other House, by which, likewise, it shall be considered,
and if approved by a majority of the whole number elected to that
House, it shall be a law; but in such cases, the votes of both Houses shall be
determined by yeas and nays, and the names of the persons
voting for or against the bill, shall be entered on the journals of
each House respectively. If any bill shall not be returned by the Governor
within three days, Sundays excepted, after it shall have been presented to
him, the same shall be a law in like manner as if he
had signed it, unless the General Assembly, by their adjournment, prevent its return; in such case it shall not be a law.
Section 18.
Every order or resolution, to which the concurrence of both
Houses may be necessary, except on questions of adjournment, shall
be presented to the Governor before it shall take effect, be approved by him, or, being disapproved, shall be repassed
by both Houses, according to the
rules and limitations prescribed in the case of
a bill.
Section 19.
A Lieutenant-Governor shall be chosen at every election for
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 for whom they
vote as Governor, and for whom as Lieutenant-Governor.
Section
20. He shall, by virtue of his office, be President of
the Senate, have a right, when in committee
of the whole, to debate, and, whenever
the Senate are equally divided, shall give the
casting vote.
Section 21.
Whenever the government shall be administered by the Lieutenant-Governor,
or he shall be unable to attend as President of the
Senate, the Senate shall elect one of their own members as president
for that occasion; and if, during the vacancy of the office of the Governor,
the Lieutenant-Governor shall be impeached, removed from oflfice,
refuse to qualify, or resign, or die, or be absent from the State, the President of the Senate shall, in like manner, administer the
government.
Section 22.
The Lieutenant-Governor, while he acts as President of the Senate,
shall receive for his services the same compensation, which shall for the same period be allowed to the Speaker of the House of Representatives,
and no more, and during the time he administers the government as
Governor, he shall receive the same compensation which the Governor would have
received had he been employed in the duties
of his office.
Section 23.
In case of an impeachment of the Governor, his removal from
office, death, refusal to qualify, resignation, or absence from the State,
the Lieutenant-Governor shall exercise all the power and authority
appertaining to the office of Governor, until the time pointed out
by this Constitution for the election of a Governor shall arrive, unless
the General Assembly shall provide by law for the election of Governor
to fill such vacancy.
Section 24.
The Governor shall always reside at the seat of government.
Section 25.
No person shall hold the office of Governor or Lieutenant-Governor,
and any other office or commission, civil or military, either in
this State or under any State, or the
Section 26.
There shall be elected by the qualified voters of this State, an
Auditor and Treasurer for this State, who shall hold their offices for
the term of two years, and until their respective successors are elected
and qualified, unless sooner removed, and shall keep their respective
offices at the seat of government, and shall perform such duties as shall be
prescribed by law; and in case of vacancy by death, resignation
or otherwise, such vacancy shall be filled by the Governor as in other cases.
militia
section 1.
The militia of this State shall be divided into convenient divisions,
brigades, regiments and companies, and officers of corresponding
titles and rank elected to command them, conforming, as
nearly as practicable, to the general regulations of the Army of the
United States; and all officers shall be elected by those subject to military
duty in their several districts, except as hereinafter provided.
Section 2.
The Governor shall appoint the Adjutant-General and other
members of his staff; and Major-Generals, Brigadier-Generals, and
Commanders of regiments, shall respectively appoint their own staff; and all commissioned officers may continue in office during
good behavior, and stuff officers
during the same time, subject to be removed by the superior officer from
whom they respectively derive their commissions.
article
section 1.
The judicial power of this State shall be vested in one supreme
court, in circuit courts, in county
courts, and in justices of the peace.
The general assembly may also vest such jurisdiction as may
"be deemed necessary in corporation courts, and when they deem it
expedient, may establish courts of chancery.
Section 2.
The supreme court shall be composed of three
judges, one of whom shall be styled
chief justice, any two of whom shall constitute
a quorum, and the concurrence of any two of said judges shall, in every
case, be necessary to a decision.
The supreme
court, except in cases otherwise directed by this constitution,
shall have appellate jurisdiction only, which shall be co extensive
with the State, under such restrictions and regulations as may,
from time to time, be prescribed by law.
It shall have a general
superintending control over all inferior and other courts of law and equity. It shall have power to issue writs of error,
supersedeas, certiorari and habeas
corpus, mandamus and quo warranto, and
other remedial writs, and to hear and determine the same.
Said judges shall be conservators of the peace throughout the State, and shall have power to issue any of the aforesaid writs.
Section
3.
The circuit court shall have original jurisdiction over all criminal
cases which shall not be otherwise provided for by law; and exclusive original jurisdiction of all crimes amounting to felony at the
common law, and original jurisdiction of all civil cases which shall
not be cognizable before justices of the peace, until otherwise directed
by the general assembly; and original jurisdiction in all matters of
contract, where the sum in controversy is over two hundred dollars. It shall hold its terms at such place in each county as may be
by law directed.
Section
4.
The State shall be divided into convenient circuits, each to consist of not
less than five nor more than seven counties contiguous to each other, for each
of which a judge shall be elected, who, during his
continuance in office, shall reside and be a conservator of the peace, within the circuit for which he shall have been elected.
Section 5.
The circuit courts shall exercise a superintending control over
the county courts, and over justices of the peace in each county, in
their respective circuits, and shall have power to issue all the necessary
writs to carry into effect their general and specific powers.
Section 6.
Until the general assembly shall deem it expedient to establish
courts of chancery, the circuit courts shall have jurisdiction in matters
of equity, subject to appeal to the supreme court,
in such manner as may be
prescribed by law.
Section 7.
The qualified voters of this State shall elect the judges of the
supreme court; the judges of the supreme court
shall be at least thirty years of age; they shall hold their offices during the term of eight
years from the date of their commissions, and until their successors
are elected and qualified.
Immediately after such
election by the people, the lieutenant-governor and speaker of the house of representatives
shall proceed, by lot, to divide the
judges into three classes. The commission of the first class shall expire at the end of four years; of the second class at
the end of six years; and of the
third class at the end of eight years; so
that one-third of the whole number shall be chosen every four, six and eight
years.
Section 8.
The qualified voters of each judicial district shall elect a circuit
judge. The judges of the circuit court shall be at least twenty-five years of
age, and shall be elected for the term of four years from the
date of their commissions, and shall serve until their successors are
elected and qualified.
Section 9.
The supreme court shall appoint its own clerk or
clerks, for the term of four years.
The qualified voters of each county shall elect a clerk of the circuit court for the respective counties, who shall
hold his office for the term of two years, and until his successor is elected
and qualified; and courts of chancery, if any be established, shall appoint
their own clerks.
Section 10.
The Judges of the Supreme Courts and Circuit Courts shall,
at stated times, receive a compensation for their services, to be ascertained
by law, which shall not be diminished during the time for
which they are elected. They shall not be allowed any fees or perquisites
of office, nor hold any other office of trust or profit under this
State or the
Section 11.
There shall be established in each county in the State, a court
to be holden by the Justices of the Peace, a court
called the County Court, which shall have jurisdiction in all matters relating to taxes,
disbursements of money for county purposes, and in every other
case that may be necessary to the internal improvement and local concerns of the respective counties.
Section 12.
The qualified voters of each county shall elect a County and Probate Judge,
who shall hold his office for two years, and until his
successor is elected and qualified. He shall, in addition to the duties that
may be required of him by law, as a presiding judge of the
County Court, be a judge of the court of probate, and have such jurisdiction
in matters relating to the estates of deceased persons, executors,
administrators and guardians, as may be prescribed by law,
until otherwise directed by the General Assembly.
Section 13.
The presiding Judge of the Probate and County Court, and
Justices of the Peace, shall receive for their services such compensation
and fees as the General Assembly may from time to time by law direct.
Section 14.
No judge shall preside on the trial of any cause in the event
of which he may be interested, or where either of the parties shall
be connected with him by affinity or consanguinity, within such degrees
as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court, except by consent of all
the parties. In case all or any of the Judges of the Supreme Court
shall be thus disqualified from presiding on any cause or causes, the court or judges thereof shall certify the same to the Governor
of the State, and he shall immediately commission, specially, the
requisite number of men of law-knowledge, for the trial and determination
thereof. The same course shall be pursued in the Circuit
and inferior courts as prescribed in this section for cases of the Supreme
Court. Judges of the Circuit Courts may temporarily exchange
circuits, or hold courts for each other, under such regulations as
may be pointed out by law. Judges shall not charge juries with regard
to matter of fact, but may state the testimony and declare the law.
Section 15.
The qualified voters thereof shall elect an Attorney for the
State, for each judicial circuit established by law, who shall continue in
office two years, and until his successor is elected and qualified,
and reside within the circuit for which he was elected at the time
of, and during his continuance in office. In all cases where an attorney
for the State, of any circuit, fails to attend and prosecute, according
to law, the court shall have power to appoint an attorney pro
tempore.
Section 16.
The qualified voters of this State shall elect an Attorney-General,
whose salary shall be the same as that of Circuit Judge, who
shall be learned in the law; who shall be at least thirty years of age, and shall hold his office for the term of four years from the date of
his commission, and until his successor is elected and qualified; and
whose duty it shall be to prosecute the State's pleas before the Supreme
Court, and give his opinion, in writing, on all questions of law
or equity, when required by the governor or other officer of the State, and perform such other duties as may be prescribed by law.
Section 17.
All writs and other process shall run in the name of the "State
of Arkansas" and bear teste
and be signed by the clerks of the
respective courts from which they issue. Indictments shall conclude
" against the peace and dignity of the State
of
Section 18.
The qualified voters residing in each township shall elect the
Justices of the Peace for each township. For every one hundred
voters there may be elected one Justice of the Peace: Provided, That each township, however small, shall have two justices of the peace.
Justices of the peace shall be elected for the term of two years,
and shall hold their offices until their successors are elected and qualified; shall be commissioned by the governor, and shall reside in
the township for which they are elected during their continuance in office.
The first election for justices of the peace shall take place on
the second Monday in March, one thousand eight hundred and sixty-four,
and the second election on the first Monday in August, one
thousand eight hundred and sixty-six, and at the regular elections
thereafter. Justices of the peace, individually, or two or more of them jointly, shall have original jurisdiction in cases of bastardy,
and in all matters of contract, and
actions for the recovery of fines and
forfeiture where the amount claimed does not exceed two hundred
dollars, and concurrent jurisdiction with circuit courts where the
amount claimed exceeds one hundred dollars, and does not exceed two hundred dollars, and such jurisdiction as may be provided by law
in actions ex delicto, where the damages
claimed do not exceed one hundred dollars, and prosecutions for assault and battery and other
penal offences less than felony, punishable by fine only. Every action
cognizable before a justice of the peace, instituted by summons or
warrant, shall be brought before some justice of the peace of the township
where the defendant resides. They may also sit as examining courts, and commit, discharge, or recognize any person charged with
any crime of any grade. For the foregoing purposes they shall have
power to issue all necessary process. They shall also have power
to bind, to keep the peace, or for good behavior.
Section
19. The qualified voters of each township shall elect one
constable for the term of two years, who
shall hold his office till his successor is elected and qualified, who shall,
during his continuance in office, reside in the township for which he was elected.
Incorporated towns may have a
separate constable and a separate magistracy, successor is elected and qualified, who shall, during his continuance one
coroner, and one county surveyor, for the term of two years, and until their
successors are elected. They shall be commissioned by the governor,
reside in their respective counties during their continuance in
office, and be disqualified for the office a second term, if it should appear
that they or either of them are in default for moneys collected by
virtue of their respective offices.
article VIII - GENERAL PROVISIONS
EDUCATION
section 1.
Knowledge and learning generally diffused throughout a community, being
essential to the preservation of a free government,
and diffusing the opportunities and advantages of education through the various parts of the State, being highly conducive to this
end, it shall be the duty of the general assembly to provide by law for
the improvement of such lands as are or hereafter may be granted
by the United States to this State for the use of schools, and to apply any funds which may be raised from such lands, or from any
other source, to the accomplishment of the object for which they are
or may be intended. The general assembly shall, from time to time,
pass such laws as shall be calculated to encourage intellectual, scientific
and agricultural improvement, by allowing rewards and immunities
for the promotion and improvement of arts, science, commerce,
manufactures, and natural history, and countenance and encourage
the principles of humanity, industry and morality.
Section 2.
Treason against the State shall consist only in levying war against
it, or adhering to its enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two
witnesses to the same overt act, or his own confession in open court.
Section 3.
No person who denies the being of a God shall hold any office in the
civil department of this State, nor be allowed his oath in any
court.
Section 4.
No money shall be drawn from the treasury but in consequence
of an appropriation by law; nor shall any appropriation of money
for the support of the army be made for a longer term than two years; and a regular statement and account of the receipts and
expenditures of all public money shall be published with the promulgation
of the laws.
Section 5.
Absence on business of this State, or of the
Section 6.
No lottery shall be authorized by this State, nor shall the sale
of lottery tickets be allowed.
Section 7.
Internal improvement shall be encouraged by the government
of this State; and it shall be the duty of the General Assembly, as
soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals and navigable
waters; and it shall also be their duty to provide by law for an equal,
systematic and economical application of the funds which may be
appropriated to these objects.
Section
8. Returns for all elections for officers who are to be
commissioned by the Governor, and for
members of the General Assembly, shall
be made to the Secretary of State, except in the election of eighteen
hundred and sixty-four, they may be made as directed in the schedule appended to this Constitution.
Section 9.
Within five years after the adoption of this Constitution, the
laws, civil and criminal, shall be revised, digested and arranged, and
promulgated in such manner as the General Assembly may direct, and
a like revision, digest and promulgation shall be made within every
subsequent period of ten years.
Section 10.
In the event of the annexation of any territory to this State
by a cession from the United States, laws may be passed extending
to the inhabitants of such territory all the rights and privileges which
may be required by the terms of such cession, anything in this Constitution
to the contrary notwithstanding.
Section 11.
Imprisonment for debt shall not be allowed in this State, except
when an allegation of fraud on the part of the debtor shall be
clearly proved.
Section
12.
Any person who shall, after the adoption of this Constitution,
fight a duel, or send or accept a challenge for that purpose, or be aider
or abettor in fighting a duel, shall be deprived of the right of
suffrage, and of the right of holding any office of honor or profit in
this State, and shall be punished otherwise in such manner as is or
may be prescribed by law.
ARTICLE IX -
section 1.
All revenue shall be raised by taxation to be fixed by
law.
Section 2.
All property subject to taxation shall be taxed according to its
value, that value to be ascertained in such manner as the General Assembly
shall direct, making the same equal and uniform throughout the State. No one
species of property from which a tax may be collected shall be taxed
higher than another species of property of equal value: Provided, The General Assembly shall have the power
to tax merchants, hawkers, peddlers and privileges, in such manner as
may from time to time be prescribed law: And provided further, That
no other or greater amount of revenue shall at any time be levied
than required for the necessary expenses of the government, unless
by a concurrence of two-thirds of both Houses of the General Assembly.
Section
3. No poll-tax shall be assessed for other than county
purposes.
SECTION
4. No other or greater tax shall be levied on the productions or labor
of the country than may be required for expenses of inspection.
schedule
section 1.
In order that civil government may be in full operation and
effect, at the earliest day possible, it is further ordained and provided
that a general vote on the ratification of the Constitution and ordinance
of this convention, and a general election shall be taken and
held throughout the State, as far as practicable, on the second Monday of
March next, as follows, to wit: Any number of persons, being
white male citizens of the State, over the age of twenty-one years, at the county seat of any county, or (in case of volunteer soldiers
in the Federal Army) at the camp of their respective companies, having
first taken the oath prescribed in the President's proclamation
of December eight, one thousand eight hundred and sixty-three, before any
justice of the peace, or other person authorized to administer an oath
within the county in which they reside, or within which they
are encamped, may appoint a commissioner of elections, with power to
appoint such election judges as may be necessary, who shall also
be an enrolling officer for said county or company, who shall proceed as follows, to wit: Said commissioners shall prepare an
enrolling and poll book, to which shall be appended the constitution, ordinances
and schedule of this convention; one column shall then be
headed with the oath contained in said proclamation of the President; another column headed " Constitution and ordinances ratified;
" another column,
"Constitution and ordinances rejected; " other columns
shall be arranged so that a vote may be taken for all officers to be
voted for within the county or company where the election is proposed
to be held; said commissioner shall then take the oath aforesaid,
before any justice of the peace or other officer authorized to administer
oaths, and enroll his own name at the head of the column, under the said oath, written out in full; the said commissioner shall then,
on the said second Monday of March next, within usual election
hours, proceed to hold an election, as follows: viva voce; And provided
also, That said commissioner may keep the polls open for three
days, to wit: Every white male citizen over the age of twenty-one years, of
the county, or (in case of a military company) of the State,
presenting himself to vote, and not being included in the exceptions
contained in the said proclamation, shall take the oath contained
in said proclamation, administered by any justice of the peace,
or other officer authorized to administer oaths; and when his name has been
thereafter duly enrolled or subscribed in the proper column,
the commissioner shall cause his vote to be recorded, first upon
the question of the constitution and ordinances, and then in the election
of all officers to be voted for.
Section 2.
That within five days after the holding of said election, said commissioner
shall foot up the said vote, and certify the result, over his
signature, as commissioner; he shall then make a duplicate of said
book, (except that the constitution and ordinances of this convention
need not be appended to the copy,) and forward the said copy
to Little Rock, addressed to the provisional government; the-original
book shall be preserved by said commissioner, and deposited by him as soon as the counties are organized, with the clerk of the county
wherin the election was held, or (in case of
soldiers) in the county wherein the
voters reside.
Section 3.
Within ten days after the receipt of the said enrolling and election
return-books by the provisional governor, it shall be his duty, with
the assistance of the secretary of state, to examine the same and declare
the result by proclamation as follows, to wit:
1st.
Whether the constitution and ordinances of this convention have
been adopted or rejected within the meaning of the President's proclamation.
2d. He
shall announce the whole vote polled for or against said constitution and
ordinances.
3d. He shall declare what persons are
elected to the various offices throughout
the State, except that of governor and lieutenant-governor
of state, deciding the result by plurality.
Section 4.
All persons thus declared to be elected State officers, shall enter
upon the discharge of their respective offices as soon thereafter as
they take and subscribe an oath before any justice of the peace, or other
officer authorized to administer oaths, as follows: That they will
faithfully perform the duties of their respective offices; that they will
support the constitution and laws of the State and of the United States;
and said oath, in case of State officers, shall be filed in the office
of the secretary of state; and in case of county officers, they shall
enter upon the duties of their respective offices immediately after the
election upon filing said oath with the county commissioners.
Section 5.
At the first session of the legislature, and during the first week
of the session, the said provisional governor shall place the said return-books
before that body, who shall declare the result as to the election
of governor and lieutenant-governor and secretary of state, who, before
entering upon the duties of their respective offices, shall take
the oath herein prescribed for other officers.
Section 6.
It is also further ordained and declared, that in counties wherein, for
any cause, elections are not held on the said second Monday
of March next, the same may be held for the several local officers provided
for in the constitution, ordinances and schedule of this convention, in
the same manner as hereinbefore described, at any time thereafter, till the
whole State is fully organized and represented.
SECTION.
7. The officers to be voted for in this election,
are governor, lieutenant-governor, secretary of state, auditor, treasurer,
attorney-jeneral, three judges of the supreme
court, nine circuit judges and nine district attorneys, (according to act of
January fifteenth, one thousand eight hundred and sixty-one,) county judges,
clerks, sheriffs, coronors, constables, justices
of the peace, and all other officers provided for in the constitution and
ordinances of this convention, or which may exist by law, and members of the
legislature, according to the ratio or apportionment of senatorial districts
in force in the year one thousand eight hundred and sixty, and members to
Congress in districts Nos. 1 and 2, according to the act approved January
nineteenth, one thousand eight hundred and sixty-one, (no election being
ordered in district No. 3, this convention recognizing the election of Colonel
James M. Johnson as the representative from that district.) And it is further
hereby declared that all laws in force in this State on the fourth day of
March, one thousand eight hundred and sixty-one, are still in force, not
inconsistent with the provisions of this constitution, and which have not
expired by limitation therein contained.
Attest: