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ceive the same compensation which the Governor would have received, had he been employed in the duties of his office.
21. Whenever the office of Governor shall become vacant, by death, resig. nation, removal from office, or otherwise, provided, such vacancy shall not bappen within eighteen months of the end of the term for which the late Governor shall have been elected, the President of the Senate or Speaker of the House of Representatives, as the case may be, exercising the powers of Governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving, by proclamation, sixty days' previous notice thereof, which election shall be governed by the same rules prescribed for general elections of Governor, as far as applicable. The return shall be made to the Secretary of State, who, in presence of the acting Governor, and the judges of the Supreme Court, or one of then, at least, shall compare them, and, together with said acting Governor, and judges, declare who is elected, and if there be a contested election, it shall be decided by the judges of the the Supreme Court in manner to be prescribed by law.
22. The Governor shall always reside at the seat of government.
23. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any State, or the United States, or any other power, at one and the same time.
24. That there shall be elected, by the joint vote of both houses of the Gen.' eral Assembly, 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 perform such duties as shall be prescribed by law; and, in case of vacancy by death, resignation, or otherwise, such va cancy shall be filled by the Governor, as in other cases.
Militia. 25. 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.
26. Major-generals shall be elected by the brigadier-generals and field officers of their respective divisions; brigadier-generals shall be elected by the field officers and commissioned company officers of their respective brigades; field officers shall be elected by the officers and privates of their respective regiments; and captains and subaltern officers shall be elected by those subject to military duty in their respective companies.
27. The Governor shall appoint the adjutant-general and other members of his staff; and major-generals, brigadier-generals and commandants of regiments, shall respectively appoint their own staff; and all commissioned officers may continue in office during good behavior; and staff officers during the same time, subject to be removed by the superior officers from whom they respectively derive their appointment.
ARTICLE VI.-Judicial Department. Sec. 1. The judicial power of this State shall be vested in one Supreme Court, in circuit courts, în 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.
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 two of said judges shall, in every case, be necessary to a decision. The Supreme Court, except in cases otherwise directed by this Constitntion, shall bave 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 and 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 severally have power to issue any of the aforesaid writs.
3. The circuit courts 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 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 juris. liction in all matters of contracts, where the sum in controversy is over one hundred dollars. It shall hold its terms in such place in each county as may be by law directed.
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.
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.
6. Until the General Assembly shall deem it expedient to establish courts of chancery, the circuit court shall have jurisdiction in matters of equity, subject to appeal to the Supreme Court, in such manner as may be prescribed by law.
7. The General Assembly shall, by joint vote of both houses, elect the judges of the Supreme and circuit courts, a majority of the whole number in joint vote being necessary to a choice. 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. Immediately after such election, by the first General Assembly, the President of the Senate 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. The judges of the circuit court shall be at least iwenty-five years of age, and shall be elected for the term of four years from the date of their commission. The Supreme Court shall appoint its own clerks for the term of four years. The qualified voters of each county shall elect
a clerk of the circuit court for their respective counties, who shall hold his office for the term of two years; and courts of chancery, if any be established, shall appoint their own clerks.
8. The judges of the Supreme 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 term 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 United States. The State attorneys and clerks of the Supreme and circuit courts, and courts of chancery, if any such be established, shall receive for their services such salaries, fees, and perquisites of office, as shall be from time to time fixed by law.
9. 'There shall be established, in each county in the State, a court to be holden by the justices of the peace, and called the county court, which shall have jurisdiction in all matters relating to county 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.
10. There shall be elected, by the justices of the peace of the respective counties, a presiding judge of the county court, to be commissioned by the Governor, and hold his office for the term of two years, and until his successor is elected ana 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 probate, and
have such jurisdiction in matters relative to the estates of deceased persons, executors, administrators, and guardians, as may be prescribed by law, until otherwise directed by the General Assembly.
11. The presiding judge of the 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.
12. No judge shall preside on the trial of any case 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 whico he may have been of counsel, or have presided in any infe. rior 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 other inferior courts, as prescribed in this section for cases in 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 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 and prosecute according to law, the courts shall have power to appoint an attorney pro tempore. The attorney for the court in which the Supreme Court 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 sum 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 recognize, to the court having jurisdiction, for further 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 bebavior.
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 monies collected by virtue of the r respective offices.
ARTICLE IX.-General Provisions.-Education. Sec. 1. Knowledge and learning, generally diffused through 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 land, or from any other source, to the accomplishment of the object for which they are or may be intended. The General Assemoly 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. Sec. 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 merchandize, 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 promulgated 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 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 his 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 aiter delivering up his estate for the benefit of his creditors, in such manner as may be prescribed 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 labor of the country than may be required for expenses of inspection.
Establishment of Banks. Sec. 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 stock holders as will guaranty the State against loss or injury.
AMENDMENTS TO THE CONSTITUTION OF ARKANSAS. 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.
8. The General Assembly shall have power to confer such jurisdiction, as it may froin 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.