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law, until superseded by their successors elected or appointed under this constitution; and it shall not be lawful hereafter for the legislature to increase or diminish the compensation of any officer during the term for which he is elected or appointed.

21. The legislature, at their first session, shall provide for the payment of all expenditures of the convention to revise the constitution, and of the publication of the same as is provided in this article.

22. Every county, except Mackinaw and Chippewa, entitled to a representative in the legislature, at the time of the adoption of this constitution, under this constitution; and the county of

shall continue to be so entitat may be attached, shall be entitled to one

representative; the county of Tuscola, and the territory that may be attached, one representative; the county of Sanilac, and the territory that may be attached, one representative; the counties of Midland and Aronac, with the territory that may be attached, one representative; the county of Montcalm, with the territory that may be attached thereto, one representative; and the counties of Newaygo and Oceana, with the territory that may be attached thereto, one representative. Each county having a ratio of representation and a fraction over, equal to a moiety of said ratio, shall be entitled to two representatives, and so on above that number, giving one additional member for each additional ratio.

23. The cases pending and undisposed of in the late court of chancery at the time of the adoption of this constitution, shall continue to be heard and determined by the judges of the supreme court. But the legislature shall, at its session in one thousand eight hundred and fifty-one, provide by law for the transfer of said causes that may remain undisposed of on the first day of January, one thousand eight hundred and fifty-two, to the supreme or circuit court established by this constitution, or require that the same may be heard and determined by the circuit judges.

24. The term of office of governor and lieutenant-governor shall commence on the first day of January next after their election.

25. The territory described in the article entitled "Upper Peninsula," shall be attached to and constitute a part of the third circuit for the election of a regent of the university.

26. The legislature shall have authority, after the expiration of the term of office of the district judge first elected for the "Upper Peninsula," to abolish said office of district judge and district attorney, or either of them.

27. The legislature shall, at its session of one thousand eight hundred and fifty-one, apportion the representatives among the several counties and districts, and divide the state into senate districts, pursuant to the provisions of this constitution.

28. The terms of office of all state and county officers, of the circuit judges, members of the board of education, and members of the legislalature, shall begin on the first day of January next succeeding their election.

29. The state, exclusive of the Upper Peninsula, shall be divided into eight judicial circuits, and the counties of Monroe, Lenawee, and Hillsdale shall constitute the first circuit; the counties of Branch, St. Joseph, Cass, and Berrien shall constitute the second circuit; the county of Wayne shall constitute the third circuit; the counties of Washtenaw, Jackson, and Ingham shall constitute the fourth circuit; the counties of Calhoun, Kalamazoo, Allegan, Eaton, and Van Buren shall constitute the fifth circuit; [the] counties of St. Clair, Macomb, Oakland, and Sanilac shall constitute the sixth circuit; the counties of Lapeer, Genesee, Saginaw, Shiawassee, Livingston, Tuscola, and Midland shall constitute the seventh circuit; and the counties of Barry, Kent, Ottawa, Ionia, Clinton, and Montcalm shall constitute the eighth circuit.

RESOLUTION.

30. At the next general election, and at the same time when the votes of the electors shall be taken for the adoption or rejection of this constitution, an additional amendment to section one of article seven, in the words following:

"Every coloured male inhabitant possessing the qualifications required by the first section of the second article of the constitution, shall have the rights and privileges of an elector,"

Shall be separately submitted to the electors of this state for their adoption or rejection, in form following, to wit: A separate ballot may be given by every person having the right to vote for the revised constitution, to be deposited in a separate box. Upon the ballots given for the adoption of the said separate amendment shall be written or printed, or partly written and partly printed, the words "Equal suffrage to coloured persons? Yes;" and upon all ballots given against the adoption of the said separate amendment, in like manner, the words "Equal suffrage to coloured persons? No." And on such ballots shall be written or printed, or partly written and partly printed, the words "Constitution: Suffrage," in such manner that such words shall appear on the outer side of such ballot when folded. If, at said election, a majority of all the votes given for and against the said separate amendment shall contain the words, “Equal suffrage to coloured persons? Yes," then there shall be inserted in the first section of the article, between the words "tribe and shall," these words, "and every coloured male inhabitant," anything in the constitution to the contrary notwithstanding.

Done in Convention, at the capitol of the state, this fifteenth day of August, in the year of our Lord one thousand eight hundred and fifty, and of the Independence of the United States the seventy-fifth.

CONSTITUTION OF ARKANSAS.

WE, the people of the territory of Arkansas, by our representatives, in convention assembled, at Little Rock, on Monday, the 4th of January, A. D. 1836, and of the independence of the United States the sixtieth year, having the right of admission into the union as one of the Únited States of America, consistent with the federal constitution, and by virtue of the treaty of cession, by France to the United States, of the province of Louisiana, in order to secure to ourselves and our posterity the enjoy

ment of all the rights of life, liberty, and property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into 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 1.

Of Boundaries.

We do declare and establish, ratify and confirm, the following as the permanent boundaries of said state of Arkansas, that is to say; Beginning in the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude; running from thence west, with the said parallel of latitude, to the St. Francis river; thence up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west, to the south-west corner of the state of Missouri; and thence to be bounded on the west, to the north bank of Red river, as by acts of congress and treaties heretofore defining the western limits of the territory of Arkansas; and to be bounded on the south side of Red river by the Mexican boundary line, 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.

ARTICLE 2.

Declaration of Rights.

That the great and essential principles of liberty and free government may be recognised and unalterably established, we DECLARE:

1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happi

ness.

2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, 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.

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.

4. That the civil rights, privileges, or capacities of any citizen shall in nowise be diminished or enlarged, on account of his religion.

5. That all elections shall be free and equal.

6. That the right of trial by jury shall remain inviolate.

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.

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 may have the right to determine the law and the facts.

9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that ge neral 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.

10. That no freeman shall be taken or imprisoned, or disseised 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.

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 favour; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

12. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

13. That all penalties shall be reasonable, and proportioned to the nature of the offence.

14. That no man shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.

15. That no conviction shall work corruption of blood, or forfeiture of estate.

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.

17. That excessive bail shall in no case be required, nor excessive fines imposed.

18. That no ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.

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 honours ever be granted or conferred in this state.

20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and apply to those invested with the power of government for redress of grievances, or other proper purposes, by address or remonstrance.

21. That the free white men of this state shall have a right to keep and to bear arms for their common defence,

22. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner prescribed by law.

23. The military shall be kept in strict subordination to the civil power.

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 every thing in this arti cle is excepted out of the general powers of government, and shall for ever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.

ARTICLE 3.

§ 1. The powers of the government of the state of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.

2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others; except in the instances herein after expressly directed or permitted.

ARTICLE 4.

Legislative Department.

§ 1. The legislative power of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives.

Qualifications of Electors.

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 this state six months, shall be deemed a qualified elector, and be entitled to vote in the county or district where he actually resides, for each and every office made elective under this state or the United States: Provided, that no soldier, seaman, or marine in the army or navy of the United States, shall be entitled to vote at any election within this state.

Time of choosing Representatives.

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.

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 white male citizen of the United States; 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.

5. The senate shall consist of members to be chosen every four years by the qualified electors of the several districts.

6. No person shall be a senator who shall not have attained the age of thirty years; who shall not be a free white male citizen of the United

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