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may temporarily exchange circuits, or hold courts for each other, under such regulations as may be pointed out by law. Judges shall not chargc jurors with respect to matters of fact; but may state the testimony and declare the law.
13. The general assembly shall, by a joint vote of both houses, elect an attorney for the state, for each circuit established by law, who shall continue in office two years, 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 ans prosecute according to law, the courts shall have power to appoint an attorney pro tempore. 'The attorney for the court in which the supreme wurt may hold its term, shall attend the supreme court, and prosecute for the state.
14. All writs and other process shall run in the name of “ The state of Arkansas," and bear test 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 Arkansas."
15. The qualified voters residing in each township shall elect the justices of the peace for their respective townships. For every fifty 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 be commissioned by the governor, and reside in the townships for which they were elected during their continuance in office. They shall have, individually, or two or more of them jointly, exclusive original jurisdiction in all matters of contract, except in actions of covenant, where the sumn in controversy is of one hundred dollars and under. Justices shall, in no case, have jurisdiction to try and determine any criminal case or penal offence against the state, but may sit as examining courts, and commit, discharge, or recognise, to the court having jurisdiction, for fur. ther trial, of offenders against the peace. 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 behaviour.
16. The qualified voters of each township shall elect one constable for the term of two years, who shall, during his continuance in office, reside "in' the township for which he was elected. Incorporated townships may have a separate constable, and a separate magistracy.
17. The qualified voters of each county shall elect one sheriff, one coroner, one treasurer, and one county surveyor, for the term of two years. 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 any moneys collected by virtue of their respective offices.
General Provisions.--Education. § 1. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government, and dif. fusing 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 land, 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 improvements, 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.
Emancipation of Slaves. § 1. The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of the owners. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to prevent slaves from being brought to this state as merchandise, and also to oblige the owners of slaves to treat them with humanity.
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.
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.
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 an army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public moneys shall be published with the promulgation of the laws.
5. Absence on business of this state, or of the United States, or on a visit of necessary private business, shall not cause a forfeiture of a residence once obtained.
6. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed. .
7. Internal improvements 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 improvements 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 fund which may be appropriated to these objects.
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.
9. Within five years after the adoption of this constitution, the laws, . civil and criminal, shall be revised, digested, and arranged, and promul. gated in such manner as the general assembly shall direct, and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. -10. In the event of the annexation of any territory to this state, by a
ces non 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, any thing in this constitution to the contrary notwithstanding.
11. The person of a debtor, except where there is strong presumption of fraud, shall neither be imprisoned nor continued in prison after delivering up his estate for the benefit of his creditors, in such manner as may be prescribed by law.
Revenue. 81. All revenue shall be raised by taxation, to be fixed by law.
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 power to tax merchants, hawkers, pedlers, and privileges, in such manner as may from time to time be prescribed by law: and provided further, that no other or greater amounts of revenue shall at any time be levied, than required for the necessary expenses of government, unless by a concurrence of two-thirds of both houses of the general assembly.
3. No poll tax shall be assessed for other than county purposes.
4. No other or greater tax shall be levied on the productions or labour of the country than may be required for expenses of inspection.
Establishment of Banks. § 1. The general assembly may incorporate one state bank, with such amount of capital as may be deemed necessary, and with such number of branches as may be required for public convenience, which shall become the repository of the funds belonging to, or under the control of, the state ; and shall be required to loan them out throughout the state, and in each county, in proportion to representation; and they shall further have power to incorporate one other banking institution, calculated to aid and promote the great agricultural interests of the country; and the faith and credit of the state may be pledged to raise the funds necessary to carry into operation the two banks herein specified : Provided, such security can be given by the individual stockholders as will guaranty the state against loss or injury.
SCHEDULE. $ 1. That no inconvenience may arise from the change of government, we declare that all writs, actions, prosecutions, judgments, claims, and contracts of individuals and bodies corporate, shall continue as if no change had taken place; and all process which may be issued under the authority of the territory of Arkansas previous to the admission of Arkansas into the union of the United States, shall be as valid as if issued in the name of the state.
2. All laws now in force in the territory of Arkansas, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.
3. All fines, penalties, and escheats, accruing to the territory of Arkansas, shall accrue to the use of the state.
4. All recognisances heretofore taken, or which may be taken before the change of territorial to a permanent state government, shall remain valid, and shall pass over to, and may be prosecuted in the name of the state; and all bonds executed to the governor of the territory, or to any other officer or court, in his or their official capacity, shall pass over to the governor, or state authority, and their successors in office, for the uses therein respectively expressed ; and may be sued for and recovered accordingly. All criminal prosecutions and penal actions, which may have arisen, or which may arise, before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All actions at law which now are, or may be pending in any of the courts of record in the territory of Arkansas, may be commenced in or transferred to any court of record of the state, which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court having chancery jurisdiction.
5. All officers, civil and military, now holding commissions under authority of the United States, or of the territory of Arkansas, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the state.
6. The first session of the general assembly of the state of Arkansas shall be held at the city of Little Rock, which shall be and remain the seat of government, until otherwise provided for by law.
: 7. Elections shall be held at the several precincts, on the first Monday · of August next, for a governor; also one representative to the congress
of the United States; also for senators and representatives to the next general assembly, clerks of the circuit and county courts, sheriffs, coroners, county surveyors and treasurers, justices of the peace, and constables.
8. The next general assembly shall be holden on the second Monday of September next.
9. The election shall be conducted according to the existing laws of the territory of Arkansas; and the returns of all township elections held in pursuance thereof, shall be made to the clerks of the proper counties, within five days after the day of election. The clerks of the circuit courts of the several counties shall immediately thereafter certify the returns of the election of governor, and transmit the same to the speaker of the house of representatives, at the seat of government, in such time that they may be received on the second Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives and the president of the senate shall, in the presence of both houses, examine the returns, and declare who is duly elected to fill that office; and, if any two or more persons shall have an equal number of votes, and a higher number than any other person, the general assembly shall determine the election by a joint vote of both houses. And the returns of the election for member to congress shall be made to the secretary of state, within thirty days after the day of election.
10. The oaths of office may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.
Done by the representatives of the people of Arkansas, in convention assembled, at the city of Little Rock, on the 30th day of January, in the year of our Lord 1836 and of the independence of the United States the 60th year.
AMENDMENTS Proposed by the General Assembly, begun and held at the City of Little
Rock, in the State of Arkansas, on the first Monday of November, one thousand eight hundred and forty-four, and ratified November 17, 1846.
Art. 1. No bank or banking institution shall be hereafter incorporated, or established in this state.
2. The general assembly shall have power to compel the judges of the circuit courts to interchange circuits either temporarily or permanently, under such regulations as may be provided by law.
3. The general assembly shall have power to confer such jurisdiction, as it may from time to time deem proper, on justices of the peace in all matters of contracts, covenants, and in actions for the recovery of fines and forfeitures, when the amount claimed does not exceed one hundred dollars, and in actions and prosecutions for assault and battery, and other penal offences, less than felony, which may be punishable by-fine only.
4. Judges of the supreme and circuit courts, clerks of the supreme and circuit courts, attorneys for the state, sheriffs, coroners, county treasurers, justices of the peace, constables, and all other officers, whose term is fixed by the constitution to a specific number of years, shall hold their respective offices for the term now specified, and until their successors are elected and qualified.
Ratified Nov. 17, 1846.