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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 5.

Executive Department. 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Arkansas.

2. The governor shall be elected by the qualified electors, at the time and places where they shall respectively vote for representatives.

3. The returns of every election for governor 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. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

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 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 the 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

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 foreigu power.

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 United States.

7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective officcs.

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. 9. He shall, from time to time, give the general assembly information

of the state of the government, and recommend to their consideration such measures as he may deem expedient.

10. He shall take care that the laws be faithfully executed.

11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant pardons after convictions, 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 par. dons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.

12. There shall be a seal of this state, which shall be kept by the governor, and used by him officially; and the present seal of the territory sball be the seal of the state, until otherwise directed by the general assembly.

13. All commissions shall be in the name and by the authority of the state of Arkansas; be sealed with the seal of the state, signed by the governor, and attested by the secretary of state.

14. There shall be a secretary of state elected by a joint vote of both houses of the general assembly, 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 the 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.

15. Vacancies that may happen in offices, the election to which is vested in the general assembly, shall be filled by the governor during the recess of the general assembly, by granting commissions, which shall expire at the end of the next session.

16. Every bill which shall have passed both houses shall be presented to the governor ; if he approve, 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 reconsidered ; 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 and against the bill shall be entered on the journal of each 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 cases, it shall not be a law,

17. 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, and 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.

18. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the president of the senate shall exercise all the authority appertaining to the office of governor, until another governor shall have been elected and qualified, or until the governor absent or impeached, return or be acquitted.

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19. If, during the vacancy of the office of governor, the president of the senate shall be impeached, removed from office, refusal to qualify, resign, die, or be absent from the state, the speaker of the house of representatives shall in like manner administer the government.

20. The president of the senate and speaker of the house of representatives, during the time they respectively administer the government, shall receive 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, resignation, removal from office, or otherwise, provided, such vacancy shall not happen within eighteen months of the end of the terin 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 them 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 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 general 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 vacancy shall be filled by the governor, as in other cases.

Militia.

§ 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.

2. 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.

3. 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 behaviour; and staff officers during the same time, subject to be removed by the superior officers from whom they respectively derive their appointment.

ARTICLE 6.

Judicial Department { 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.

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 constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under such restrictions and regula. tions 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 sopersedeas, 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 cigil cases which shall not be cognisable before justices of the peace, until otherwise directed by the general assembly; and original jurisdiction in all matters of contracts, where the sum in controversy is over one hundred dollars. It shall bold 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 froni 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 erd 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 twenty-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.

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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 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 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 which he may have been of 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 other inferior courts, as prescribed in this section for cases in the supreme court Judges of the circuit courts

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