BOUGHT WITH THE INCX)ME 
 PROM THE 
 
 SAGE ENDOWMENT FUND 
 
 THE GIET OF 
 
 Henirg W, Sage 
 
 1891 
 
 Al¥Mi.. 
 
 m..i. 
 
 r:^v? 
 
Cornell University Library 
 JK5125 1868 .A65 
 
 The constitution of the State of Arlonsa 
 
 DEC i ]'■■(: 9 (, 
 
 3 1924 032 658 506 
 
 I olin Overs 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924032658506 
 
THE 
 
 CONSTITUTION 
 
 or THE 
 
 STATE OF ARKANSAS. 
 
 Framed and Adopted by the Convention TyniCH Assembled , at Littlb 
 Bock, January 7th, 1868, and Ratified by the Kegibtered 
 Electors of the State, at the Election begin- 
 ning March 13th,' 1868. 
 
 WITH 
 
 MARGINAL NOTES, 
 
 A Full Docnmentary History of the Constitution, 
 
 And a Copious Index. 
 
 TO WHICH IS PREFIXED ^5" 
 
 THE CONSTITUTION OF THE UNITED STATES, 
 
 WITH AN INDEX THERETO. 
 
 By JAMES M. POMEROY, 
 
 OP THE BAU OF PULASKI CO. 
 
 iy §lutft«yit||. 
 
 r 
 
 a' 
 
 LITTLE ROCK, 
 
 1870. ;,l';'>>:ii't-«#'i'' 
 
 •:i;i.i^-v; ; i'. 
 
CiJM.-^-^ 
 
THE 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF ARKANSAS. 
 
 Framed and Adopted by the Contention which Assembled at Little 
 Rock, Januakt 7th, 1868, and Ratified by the Registeeed 
 Electors op the State, at the Election begin- 
 ning March 13th, 1868. 
 
 WITH 
 
 MARGINAL NOTES, 
 A Full Documentary History of the Constitution, 
 
 And a Copious Index. 
 
 TO WHICH IS PREFIXED 
 
 THE CONSTITUTION OP THE UNITED STATES, 
 
 WITH AN INDEX THERETO. 
 
 By JAMES M. POMEROY, 
 
 OF THE BAR OF PULASKI CO. 
 
 ijl g^utttwt^ity, 
 
 LITTLE ROCK. 
 
 1870. 
 2 
 
^(4lo\ 
 
 ^-^-HiTGcTX 
 
 f\ 
 
 U- ; 
 
 I, John G. Peice, Secretary of the Constitutional Convention of the State 
 of Arkansas, do hereby certify that the annexed is a correct copy of the Con- 
 stitution framed and adopted by the said Convention, on the eleventh day of 
 February, in the year of our Lord one thousand eight hundred and sixty- 
 eight. 
 
 Jtt WilttMS )to|tW0I, I hereunto set my name as Secretary 
 of the Convention, on this twenty-eighth day of February, 
 eighteen hundred and- sixty-eight. 
 
 JOHN G. PRICE, 
 Secretary of the Convention. 
 
 Entered, according to Act of Congress, in the year 1868, by J M. POMEROY, in the 
 Clerk's OfBce of the District Court of the United States, in and for the District of 
 Maryland. 
 
 Entered, according to Act of Congress, in the year 1869, by J. M. Pomeeoy, In the 
 Clerk's Offlce of the District Court of the United States, in and for the Eastern 
 District of Arkansas. 
 
PREFACE 
 
 This edition of the Constitution of Arkansas has been prepared with the 
 ntmost care, in respect of correctness of the text, excellence of typography, and 
 completeness and accuracy in the marginal notes supplied. 
 
 No liberties whatever have been taken with the text of the original, now on 
 file in the office of the Secretary of State ; the punctuation, orthography, etc., 
 having, as is usual and proper in the publication of such instruments, been 
 implicitly followed, so as to present a copy exact in every particular. Some 
 clerical errors occur in the engrossed document. In a few such instances, a 
 superfluous letter has been enclosed in brackets, an omission, or other acci- 
 dental error of orthography, corrected in parenthesis, by the Editor. 
 
 The convenience, for purposes of reference, of a copy of the Constitution 
 of the United States, included in the same volume with that of the State, will 
 be evident. The Index to the Constitution of the United States, given in 
 " Barclay's Manual," has been added. 
 
 The collection, which succeeds, of all the important documents illustrating 
 the history of the new Constitution of Arkansas, will, it is hoped, be of value 
 as a convenient repertory of materials for this important portion of the annals 
 of the State, and as a manual of reference for the purposes of the statesman 
 and politician. It includes the various Reconstruction Acts of Congress, and 
 all the General Orders, Proclamations, and other public papers, pertaining to 
 the election and assembly of the Constitutional Convention, and the adoption 
 by the Convention, and ratification by the people, of the Constitution ; so 
 arranged as to present a complete documentary history of the reconstruction of 
 the State, from tlie enactment of the first Reconstruction Law, down to the 
 final passage of the Act recognizing the State under its new Constitution, and 
 admitting it to representation in the National Legislature. 
 
 That the greatest facility of reference might be afforded, an Index to the 
 Constitution has been prepai'ed, so full as to approach the character of a con- 
 cordance ; every important word being noted, and the same matter indexed 
 under several heads. Upon some of the more important subjects (as, for 
 example, under the head of " General Assembly "), it is believed the Index 
 will to some extent serve the purpose of a digest. 
 
 (iii) 
 
CONTENTS OF THE VOLUME. 
 
 Certificate of Secretary of Constitutional Convention to copy of Consti- 
 tution, ........... ii 
 
 Preface, ............ iii 
 
 Table of Contents of the Volume, ....... v 
 
 Constitution of the United States, ix 
 
 Index to Constitution of the United States, . . . . . . xxv 
 
 Documents, etc.. Illustrating the Histoey of the Constitution 
 
 OF Arkansas. 
 
 xxxix 
 
 xliii 
 
 xlv 
 
 xlvii 
 
 1 
 
 Ii 
 
 List of Members of the Ark. Constitutional Convention of 1868, . . xxxvii 
 
 List of Officers of the Convention, ....... xxxix 
 
 List of Standing Committees of the Convention, . 
 
 Reconstruction Act of Congress (Original), of March 2d, 1867, 
 
 Supplementary Reconstruction Act, of March 23d, 1867, 
 
 Supplementary Reconstruction Act, of July 19th, 1867, 
 
 Amendatory Reconstruction Act, of February 27th, 1868, . 
 
 Genei'al Orders No. 31, from Headquarters Fourth Military District, 
 September 26tli, 1867 (providing for election on question of holding 
 a convention to frame a Constitution for the State, and for delegates 
 to the same), .......... 
 
 Circular No. 18, from Headquarters Fourth Military District, October 
 2d, 1867 (prescribing modifications of method of conducting elec- 
 tion in certain precincts), ........ ]iv 
 
 General Orders No. 87, from Headquarters Fourth Military District, De- 
 cember 5th, 1867 (declaring result of election on question of holding 
 convention, and designating time and place of its assembly), . . Iv 
 
 General Orders No. 43, from Headquarters Fourth Military District, 
 December 21st, 1867 (publishing consolidated returns of election, 
 and declaring election of the delegates), ..... Ivi 
 
 Note respecting elections in Calhoun, Lafayette, Ouachita, and Ashley 
 
 Counties, ........... Ivii 
 
 Organization of Constitutional Convention, ...... Ivii 
 
 Proclamation of the President of the Convention, announcing adoption 
 of Constitution, and giving notice of election, to be held under super- 
 vision of General commanding Fourth Mil. Dist., for ratification, . Iviii 
 
 (V) 
 
vi CONTENTS OF THE VOLUME. 
 
 PAGE 
 
 Notice, by Board of Commissioners of Election, of election, under pro- 
 visions of the Schedule to the Constitution, for ratification, . . lix 
 
 General Orders No. 4, from Headquarters Sub-District of Arkansas, 
 February 14th, 1868 (providing for election for ratification, and for 
 the revision of registration), ....... lix 
 
 General Orders No. 7, from Headquarters Fourth Military District, 
 February 14th, 1868 (announcing adoption of Constitution, provid- 
 ing for election for ratification and revision of registration), . . Ix 
 
 Proclamation of Commissioners of Election, announcing ratification of 
 
 Constitution, at election under provisions of Schedule, . . . Ixiii 
 
 Letter of transmittal, from the President of the Convention, to the 
 President of the United States, forwarding (in accordance with 
 provisions of Acts of Congress, and of the Constitution of Arkansas, 
 copy of the Constitution of the State of Arkansas, together with 
 Abstract of votes cast at election held, under provisions of the 
 Schedule, for ratification of the Constitution, .... Ixiii 
 
 Proceedings of the General Assembly of the State of Arkansas, upon 
 the ratification of the Fourteenth Article of Amendment to the 
 Constitution of the United States, ...... Ixiv 
 
 Letter from the General of the Army, in answer to resolution of House 
 of Representatives, U. S., transmitting Report of Bvt. Maj. Gen. 
 Alvan C. Gillem, comm'd'g Fourth Military District, on election 
 for ratification of the Constitution, ...... Ixviii 
 
 Act of Congress, admitting the State of Arkansas to representation, . Ixxii 
 
 Veto Message of the President of the United States, on the Bill admit- 
 ting Arkansas to representation in Congress, .... Ixxiii 
 
 Note. — Passage of Act of Admission, over the President's Veto, . . Ixxv 
 
 Syllabus to Constitution of Arkansas, ....... Ixxix 
 
 CONSTITUTION OF ARKANSAS, Ixxxiii 
 
 Index to Constitution of Arkansas, ...... cxxxvii 
 
Constitution of the United States. 
 
CONSTITUTION 
 
 OF 
 
 THE UNITED STATES 
 
 ARTICLE I. 
 
 of the legislative power. 
 Section 
 
 1. Of the legislative power. 
 
 2. Of the House of Representatives. — Qualifica- 
 
 tions of the members. — Apportionment ot 
 Representatives and direct taxes. — Census. 
 — Number of Representatives. — Vacancies. 
 — Officers of House of Representatives. — 
 Power of impeachment. 
 
 3. Of the Senate.— Classification of Senators. — 
 
 Vacancies. — Qualifications of Senators. — Of 
 the Vice-President. — Of the officers of the 
 Senate. — Trial of impeachments. — Judgment 
 in cases of impeachment. 
 
 4. Manner of electing members of Congress. — Of 
 
 the meeting of Congress. 
 
 5. Powers of each House. — Expulsion. — Journal 
 
 and yeas and nays. — Of adjournments. 
 
 6. Compensation. — Privileges. — Exclusion from of- 
 
 fice. 
 
 7. Revenue bills. — Manner of passing bills.— Oi> 
 
 ders, resolutions, and votes. 
 
 8. General powers of Congress. — Levy of taxes, 
 
 etc. — Duties to be uniform. — Borrowing 
 money.— Regulation of commerce. — Natural- 
 ization. — ^Bankrupt laws.— Coinage of money. 
 — Weights and measures. — Punishment of 
 counterfeiting. — Post-offices and roads. — 
 Copyrights and patents. — Inferior courts. — 
 Punishment of piracies, etc. — Declaring war, 
 etc. — Raising and supporting armies. — Navy. 
 — Regulations of army and navy. — Calling 
 out the militia. — Organization and govern- 
 ment of the militia. — Exclusive legislation 
 over seat of government. — And over forts, 
 arsenals, dock-yards, etc. — General laws for 
 carrying into etfect powers of the Govern- 
 ment. 
 
 9. Limitations of powers of Congress.— Importa- 
 
 tion of slaves allowed till 1808. — Habeas 
 corpus. — Attainder, and ex post facto laws. 
 — Direct taxes. — Exportation duty. — Com- 
 merce between the States. — Expenditures of 
 public monej'. — Titles of nobility. — Foreign 
 presents, titles, etc. 
 10. Powers denied to the States. 
 
 2 
 
 ARTICLE IL 
 of the executive power. 
 Section 
 
 1. President of the United States.-Electors of 
 
 President, how appointed.— [Mode of elec- 
 tion of President. (Altered.)]— Time of 
 choosing Electors, and President.— Qualifi- 
 cations of President.— In case of the re- 
 moval, etc., of the President, his powers 
 devolve on Vice-President.— President's com- 
 pensation.— His oath. 
 
 2. Powers and duties of the President.— Of mak- 
 
 ing treaties.— Power of appointment.— Va- 
 cancies in office. 
 
 3. Further powers and duties of the President. 
 
 4. Impeachment. 
 
 ARTICLE III. 
 
 OF THE JUDICIAL POWER. 
 
 1. Of the judicial power.— Tenure and compensa- 
 
 tion of judges. 
 
 2. Jurisdiction — Jurisdiction of Supreme Court. 
 
 — Of trial for crimes. 
 
 3. Of treason. 
 
 ARTICLE IV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 1. Of State records. 
 
 2. Privileges of citizenship.— Of fugitives from 
 
 justice— Of fugitives from labor. 
 
 3. Of new States.— Of the territory and other 
 
 property of the United States. 
 
 4. Republican form of government guaranteed 
 
 to the several States.— Protection of the 
 States. 
 
 ARTICLE V. 
 
 Amendments to the Constitution. 
 
 ARTICLE VI. 
 
 Of the debts of the Confederation. — Of the supreme 
 law of the land. — Of the Constitutional oath. 
 — Religious tests prohibited. 
 
 ARTICLE VII. 
 
 Ratification. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 [Art. 1. 
 
 AMENDMENTS. 
 Article 
 
 I. Rights of conscience; speech; press ; petition. 
 II. Of the right to bear arms. 
 HI. Of quartering troops. 
 
 IV. Of the right of search ; of seizure ; and gen- 
 eral warrants, 
 v. Securities for life, liberty, and property. 
 VI. Of trial in criminal cases, and the rights of a 
 defendant. 
 VII. Of trials in civil cases. 
 VIII. Of bail, fines, and punishments. 
 IX. Of rights reserved. 
 X. Of powers reserved to the States or people. 
 XI. Limitation of the judicial power. 
 
 Article 
 XII. Manner of electing the President and Vice- 
 President. 
 
 XIII. § 1. Slavery and involuntary servitude, ex- 
 
 cept for crime, prohibited. 
 § 2. Power of Congress to enforce this Article. 
 
 XIV. § 1. Who citizens.— No State to abridge privi- 
 
 leges or immunities of citizens. — Equal 
 protection of the laws. 
 
 § 2. Apportionment of Representatives. 
 
 § 3. Disabilities incurred by reason of par- 
 ticipation in rebellion. 
 
 § 4. Validity of the public debt.— Of debts 
 incurred in aid of rebellion, and claims for 
 loss of slaves. 
 
 § 5. Power of Congress to enforce this Article. 
 
 Preamble. 
 
 We, the people of the United States, in order to form a more per- 
 fect union, establish justice, insure domestic tranquility, provide for 
 the common defence, promote the general welfare, and secure the 
 blessings of liberty to ourselves and our posterity, do ordain and 
 establish this Constitution for the United States of America. 
 
 ARTICLE I. 
 
 Of the 
 power. 
 
 Qualifications * of 
 the membera. 
 
 legislative Section One. All legislative powers herein granted shall be 
 vested in a Congress of the United States, which shall consist of a 
 Senate and House of Representatives. 
 Of the House of Section Two. The House of Representatives shall be- composed 
 
 Kepresentatives. pit i i i i /. i 
 
 of members chosen every second year by the people of the several 
 States, and the electors in each State shall have the qualifications 
 requisite for electors of the most numerous branch of the State 
 legislature. 
 
 No person shall be a Representative who shall not have attained 
 the age of twenty-five years, and been seven years a citizen of 
 the United States, and who shall not, when elected, be an inhabi- 
 tant of that State in which he shall be chosen. 
 Apportionment of Representatives and direct taxes shall be apportioned among 
 and direct taxes, the Several States which may be included within this Union, ac- 
 cording to their respective numbers, which shall be determined 
 by adding to the whole number of free persons, including those 
 bound to service for a term of years, and excluding Indians not 
 Census. taxed, three-fifths of all other persons. The actual enumeration 
 
 shall be made within three years after the first meeting of the 
 Congress of the United States, and within every subsequent term 
 of ten years, in such manner as they shall by law direct. The 
 number of Representatives shall not exceed one for every thirty 
 thousand, but each State shall have at least one Representative ; 
 Number of Kopre- and Until such enumeration shall be made, the State of Wew Samp- 
 shire shall be entitled to choose three, Massachusetts eight, Rhode 
 Island and Providence Plantations one, Connecticut five, New York 
 six. New Jersey four, Pennsylvania eight, Delaware one, Maryland 
 
Aet. 1.] CONSTITUTION OF THE UNITED STATES. 8 
 
 six, Virginia ten, North Carolina five. South Carolina five, and 
 Creorgia three. 
 
 When vacancies happen in the representation from any State, '^'''cancies. 
 the executive authority thereof shall issue writs of election to fill 
 such vacancies. 
 
 The House of Representatives shall choose their Speaker and officers of House 
 
 ^ 1 of Representative?!. 
 
 other officers ; and shall have the sole power of impeachment. po^^^"^ "f impeacii- 
 
 Section Three. The Senate of the United States shall be com- of the senate. 
 posed of two Senators from each State, chosen by the legislature 
 thereof, for six years ; and each Senator shall have one vote. 
 
 Immediately after they shall be assembled in consequence of the oiasEiflcation of 
 
 •J •• i Senators. 
 
 first election, they shall be divided as equally as may be into three 
 classes. The seats of the Senators of the first class shall be va- 
 cated at the expiration of the second year ; of the second class, 
 at the expiration of the fourth year, and of the third class, at the 
 expiration of the sixth year, so that one-third may be chosen 
 every second year ; and if vacancies happen by resignation or vacancies. 
 otherwise, during the recess of the legislature of any State, the 
 executive thereof may make temporary appointments until the 
 next meeting of the legislature, which shall then fill such va- 
 cancies. 
 
 JN^o person shall be a Senator, who shall not have attained to Qualifications of 
 
 1 n 1 * 11 . .. f> 1 Senators. 
 
 the age ot thirty years, and been nine years a citizen or the 
 United States, and who shall not, when elected, be an inhabitant 
 of that State for which he shall be chosen. 
 
 The Vice President of the United States shall be President of Of tiie vice-presi- 
 the Senate, but shall have no vote, unless they be equally divided. 
 
 The Senate shall choose their other officers, and also a President Of the officers of 
 pro tempore in the absence of the Vice President, or when he shall 
 exercise the office of President of the United States. 
 
 The Senate shall have the sole power to try all impeachtnents. Trial of impeach- 
 
 meuts. 
 
 When sitting for that purpose, they shall be on oath or affirma- 
 tion. When the President of the United States is tried, the Chief 
 Justice shall preside : and no person shall be convicted without 
 the concurrence of two-thirds of the members present. 
 
 Judgment in cases of impeachment shall not extend further Judgment in cases 
 
 1 ir> rv 11- ff • 111 1- of impeachment. 
 
 than to removal irom office, and disqualifacation to hold and enjoy 
 any office of honor, trust or profit under the United States : but 
 the party convicted shall nevertheless be liable and subject to in- 
 dictment, trial, judgment and punishment, according to law. 
 
 Section Four. The times, places and manner of holding elec- Manner of electing 
 
 . _, ' . 1 11 1 -1 1 • 1 uiembers of Con- 
 
 tions tor Senators and Kepresentatives, shall be prescribed in each gress. 
 State by the legislature thereof; but the Congress may at any 
 time by law make or alter such regulations, except as to the 
 places of choosing Senators. 
 
 The Congress shall assemble at least once in every year, and of the meeting of 
 such meeting shall be on the first Monday in December, unless 
 they shall by law appoint a different day. 
 
Privileges. 
 
 4 CONSTITUTION OF THE UNITED STATES. [Akt. 1 
 
 Hous""'"^"'' Section Five. Each house shall be the judge of the elections, 
 
 returns and qualifications of its own members, and a majority of 
 each shall constitute a quorum to do business ; but a smaller 
 number may adjourn from day to day, and may be authorized to 
 compel the attendance of absent members, in such manner, and 
 under such penalties, as each house may provide. 
 
 Expulsion. Each house may determine the rules of its proceedings, punish 
 
 its members for disorderly behavior, and with the concurrence of 
 two-thirds, expel a member. 
 
 inYnt's *"'' ^^^ Each house shall keep a journal of its proceedings, and from 
 time to time publish the same, excepting such parts as may in 
 their judgment require secrecy, and the yeas and nays of the 
 members of either house on any question shall, at the desire of 
 one-fifth of those present, be entered on the journal. 
 
 Of adjournments. Neither house, during the session of Congress, shall, without 
 the consent of the other, adjourn for more than three days, nor to 
 any other place than that in which the two houses shall be sitting. 
 
 Compensation. SECTION Six. The Senators and Representatives shall receive a 
 
 compensation for their services, to be ascertained by law, and paid 
 out of the Treasury of the United States. They shall in all cases, 
 except treason, felony and breach of the peace, be privileged from 
 arrest during their attendance at the session of their respective 
 houses, and in going to and returning from the same ; and for any 
 speech or debate in either house, they shall not be questioned in 
 any other place. 
 
 Exclusion from No Senator or Representative shall, during the time for which 
 
 he was elected, be appointed to any civil office under the authority 
 of the United States, which shall have been created, or the emolu- 
 ments whereof shall have been increased during such time ; and 
 no person holding any office under the United States, shall be a 
 member of either house during his continuance in office. 
 
 Eevenue bills. SECTION Seven. All bills for raising revenue shall originate in 
 
 the House of Representatives; but the Senate may propose or 
 concur with amendments as on other bills. 
 
 Manner of passing Every bill which shall have passed the House of Representa- 
 tives and the Senate, shall, before it become a law, be presented 
 to the President of the United States ; if he approve he shall sign 
 it, but if not he shall return it, with his objections to that house 
 in which it shall have originated, who shall enter the objections at 
 large on their journal, and proceed to reconsider it. If after such 
 reconsideration two-thirds of that house shall agree to pass the 
 bill, it shall be sent, together with the objections, to the other 
 house, by which it shall likewise be reconsidered, and if approved 
 by two-thirds of that house, it shall become a law. But in all 
 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 house respectively. If any 
 bill shall not be returned by the President within ten days (Sun- 
 
Art. l.J CONSTITUTION OF THE UNITED STATES. 5 
 
 days 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 
 Congress by their adjournment prevent its return, in which case 
 it shall not be a law. 
 
 Every order, resolution, or vote to which the concurrence of the orders, resolutions, 
 
 .^ ' . ' _ and votes: 
 
 Senate and House of Representatives may be necessary (except 
 on a question of adjournment) shall be presented to the President 
 of the United States ; and before the same shall take effect, shall 
 be approved by him, or being disapproved by him, shall be re- 
 passed by two-thirds of the Senate and House of Representatives, 
 according to the rules and limitations prescribed in the case of 
 a bill. 
 
 Section Eight. The Congress shall have power to lay and collect General powers of 
 
 , , ~ , * "^ CoDgress. 
 
 taxes, duties, imposts and excises, to pay the debts and provide I'O't of taxes, etc. 
 for the common defence and general welfare of the United States ; 
 but all duties, imposts and excises shall be uniform throughout tlie Duties to be uni- 
 United States; 
 
 To borrow money on the credit of the United States ; Borrowing money. 
 
 To regulate commerce with foreign nations, and among the Regulation of com- 
 
 C3 _ . merce. 
 
 several States, and with the Indian tribes ; 
 
 To establish an uniform rule of naturaHzation, and uniform Naturalization. 
 laws on the subject of bankruptcies throughout the United Bankrupt lawa. 
 States ; 
 
 To coin money, regulate the value thereof, and of foreign coin, coinage of money. 
 and fix the standard of weights and measures : weights and meas- 
 
 To provide for the punishment of counterfeiting the securities fo'Jj^*^™;^ °^ 
 and current coin of the United States ; 
 
 To establish post offices and post roads ; ^8°"°°" °'"* 
 
 To promote the progress of science and useful arts, by securing *^°£^"t^*'''° "■"'* 
 for limited times to authors and inventors the exclusive right to 
 their respective writings and discoveries ; 
 
 To constitute tribunals inferior to the Supreme Court ; inferior courts. 
 
 To define and punish piracies and felonies committed on the ^iJ^J^g™"' "^ 
 high seas, and offences against the law of nations ; 
 
 To declare war, grant letters of marque and reprisal, and make Declaring war, etc. 
 rules concerning captures on land and water ; 
 
 To raise and support armies, but no appropriation of money to K*'f;ug am? sup- 
 
 ^ t ' I r r V portmg anmes. 
 
 that use shall be for a longer term than two years ; 
 
 To provide and maintain a navy ; Navy. 
 
 To make rules for the government and regulation of the land Keguiations of 
 
 o o army and navy. 
 
 and naval forces ; 
 
 To provide for calling forth the militia to execute the laws of cai'mg out the 
 
 ^ o militia. 
 
 the Union, suppress insurrections and repel invasions ; 
 
 To provide for organizing, arming, and disciplining, the militia, Organization and 
 
 i^ c3 o' o' r o' ' government of the 
 
 and for governing such part of them as may be employed in the miiitia. 
 service of the United States, reserving to the States respectively, 
 the appointment of the officers, and the authority of training the 
 militia according to the discipline prescribed by Congress ; 
 
6 CONSTITUTION OF THE UNITED STATES. [Art. 1. 
 
 aon™™ Jlft^'of To exercise exclusive legislation in all cases whatsoever, over 
 government; g^^j^ district (not exceeding ten miles square) as may, by cession 
 of particular States, and the acceptance of Congress, become the 
 arsenals™ dock- ^^^^ °^ ^^^ govcmment of the United States, and to exercise like 
 yards, etc. authority over all places purchased by the consent of the legisla- 
 
 ture of the State in which the same shall be, for the erection of 
 forts, magazines, arsenals, dock-yards, and other needful build- 
 ings ; — and 
 General laws for "j-q make all laws which shall be necessary and proper for carry- 
 
 carrying into effect i n t_ 
 
 powers of the Gov- j^g ju^q execution the foregoing powers, and all other powers 
 
 vested by this Constitution in the Government of the United 
 States, or in any department or officer thereof. 
 
 Limitations of Sectiok Nine. The migration or importation of such persons 
 
 powers of Con- n ^ n •• ini»l aJ'j. 
 
 gress. — importa- as anv of the States now existmg shall thmk proper to admit, 
 
 tion of slaves al- •' , ., . i , t ^ • i ii 
 
 lowed till 1808. shall not be prohibited by the Congress prior to the year one 
 thousand eight hundred and eight, but a tax or duty may be 
 imposed on such importation, not exceeding ten dollars for each 
 person. 
 
 Habeas corpus. The privilege of the writ of habeas corpus shall not be sus- 
 
 pended, unless when in cases of rebellion or invasion the public 
 safety may require it. 
 
 Attainder, and ex No bill of attainder or ex post facto law shall be passed. 
 
 Direct taxes. ' No capitatiou, or other direct tax shall be laid, unless in pro- 
 
 portion to the census or enumeration hereinbefore directed to be 
 taken. 
 
 Exportation duty. No tax or duty shall be laid on articles exported from any 
 State. 
 
 Commerce between No preference shall be given by any regulation of commerce or 
 revenue to the ports of one State over those of another : nor shall 
 vessels bound to, or from, one State, be obliged to enter, clear, or 
 pay duties in another. 
 
 Expenditures of No mouey shall bc drawn from the treasury, but in consequence 
 of appropriations made by law ; and a regular statement and ac- 
 count of the receipts and expenditures of all public money shall 
 be published from time to time. 
 
 Titles of nobility. No title of uobiUty shall be granted by the United States : and 
 
 Poreign presents, "o person holding any office of profit or trust under them, shall, 
 
 titles, etc. without the consent of the Congress, accept of any present, emol- 
 
 ument, office, or title, of any kind whatever, from any king, prince, 
 or foreign State. 
 
 Powers denied to SECTION Ten. No State shall enter into any treaty, alliance, or 
 
 the states. confederation ; grant letters of marque and reprisal ; coin money ; 
 
 emit bills of credit ; make anything but gold and silver coin a 
 tender in payment of debts ; pass any bill of attainder, ex post 
 facto law, or law impairing the obligation of contracts, or grant 
 any title of nobility. 
 
 No State shall, without the consent of the Congress, lay any 
 imposts or duties on imports or exports, except what may be ab- 
 
Art. 2.] CONSTITUTION OF THE UNITED STATES. 
 
 solutely necessary for executing its inspection laws : and the net 
 produce of all duties and imposts, laid by any State on imports or 
 exports, shall be for the use of the Treasury of the United States ; 
 and all such laws shall be subject to the revision and control of the 
 Congress. 
 
 No State shall, without the consent of Congress, lay any duty 
 of tonnage, keep troops, or ships of war in time of peace, enter 
 into any agreement or compact with another State, or with a 
 foreign power, or engage in war, unless actually invaded, or in 
 such imminent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 Section One. The executive power shall be vested in a Presi- President of the 
 dent of the United States of America. He shall hold his office 
 during the term of four years, and together with the Vice Presi- 
 dent, chosen for the same term, be elected as follows : 
 
 Each State shall appoint, in such manner as the legislature Electors of Presi- 
 
 1 r T T PI 1 111 dent, how ap- 
 
 thereor may direct, a number of electors, equal to tlie whole pointed. 
 number of Senators and Representatives to which the State may 
 be entitled in the Congress : but no Senator or Representative, or 
 person holding an office of trust or profit under the United States, 
 shall be appointed an elector. 
 
 [The electors shall meet in their respective States, and vote by [Mode of election 
 
 , ,i „ PI 1 1 11 1 'IT of President. — Al- 
 
 ballot tor two persons, oi whom one at least shall not be an mhab- tered— seeAmend- 
 itant of the same State with themselves. And they shall make 
 a list of all the persons voted for, and of the number of votes for 
 each ; which list they shall sign and certify, and transmit sealed 
 to the seat of the government of the United States, directed to 
 the President of the Senate. The President of the Senate shall, 
 in the presence of the Senate and House of Representatives, open 
 all the certificates, and the votes shall then be counted. The 
 person having the greatest number of votes, shall be the Presi- 
 dent, if such number be a majority of the whole number of elect- 
 ors appointed ; and if there be more than one who have such ma- 
 jority, and have an equal number of votes, then the House of 
 Representatives shall immediately choose by ballot one of them 
 for President ; and if no person have a majority, then from the 
 five highest on the list, the said House shall in like manner choose 
 the President. But in choosing the President, the votes shall be 
 taken by States, the representation from each State having one 
 vote ; a quorum for this purpose shall consist of a member or 
 members from two-thirds of the States, and a majority of all the 
 States shall be necessary to a choice. In every case, after the 
 choice of the President, the person having the greatest number 
 of votes of the electors, shall be the Vice President. But if there 
 
8 CONSTITUTION OF THE UNITED STATES. [Art. 2. 
 
 should remain two or more who have equal votes, the Senate shall 
 choose from them by ballot the Vice President.] 
 
 Etectors^andPr^^ The Cougress may determine the time of choosing the electors, 
 
 '*™'- and the day on which they shall give their votes ; which day shall 
 
 be the same throughout the United States. 
 
 Qualifications of No persou oxcept a natural-born citizen, or a citizen of the 
 United States, at the time of the adoption of this .Constitution, 
 shall be ehgible to the o£&ce of President ; neither shall any per- 
 son be eligible to that office, who shall not have attained to the 
 age of thirty-five years, and been fourteen years a resident within 
 the United States. 
 
 In case of tiie re- In casc of the removal of the President from office, or of his 
 
 moval, etc., of the , , . . , , .,. t i i i l i. 
 
 President, his pow- death, resignation, or inabihty to discharge the powers and duties 
 
 President. of the Said office, the same shall devolve on the Vice President, 
 
 and the Congress may by law provide for the case of removal, 
 
 death, resignation, or inability, both of the President and Vice 
 
 President, declaring what officer shall then act as President, and 
 
 such officer shall act accordingly, until the disability be removed, 
 
 or a President shall be elected. 
 
 President's com- The President shall, at stated times, receive for his services, a 
 
 pensation. compensation, which shall neither be increased nor diminished 
 
 during the period for which he shall have been elected, and he shall 
 
 not receive within that period any other emolument from the 
 
 United States, or any of them. 
 
 Before he enter on the execution of his office, he shall take the 
 following oath or affirmation : — 
 His oath. "I do solemnly swear (or affirm) that I will faithfully execute 
 
 the office of President of the United States, and will to the best 
 of my ability, preserve, protect and defend the Constitution of 
 the United States." 
 Powers and duties SECTION Two. The President shall be commander-in-chief of the 
 army and navy of the United States, and of the miUtia of the 
 several States, when called into the actual service of the United 
 States ; he may require the opinion, in writing, of the principal 
 officer in each of the executive departments, upon any subject re- 
 lating to the duties of their respective offices, and he shall have 
 power to grant reprieves and pardons for offences against the 
 United States, except in cases of impeachment. 
 Of maUng treaties. He shall have power, by and with the advice and consent of the 
 Senate, to make treaties, provided two-thirds of the Senators 
 Power of appoint- present concur ; and he shall nominate, and by and with the ad- 
 °'™'' vice and consent of the Senate, shall appoint ambassadors, other 
 
 public ministers and consuls, judges of the Supreme Court, and all 
 other officers of the United States, whose appointments are not 
 hereui otherwise provided for, and which shall be established by 
 law ; but the Congress may by law vest the appointment of such 
 inferior officers, as they think proper, in the President alone, in 
 the courts of law, or in the heads of departments. 
 
Art. 3.] CONSTITUTION OF THE UNITED STATES. 9 
 
 The President shall have power to fill up all vacancies that may Vacancies in office. 
 happen during the recess of the Senate, by granting commissions 
 which shall expire at the end of their next session. 
 
 Section Three. He shall from time to time give to the Congress ^''^*^'. vomn 
 
 , „ , , . '^ ^ and duties. 
 
 information of the state of the Union, and recommend to their 
 consideration such measures as he shall judge necessary and expe- 
 dient ; he may, on extraordinary occasions, convene both houses, 
 or either of them, and in case of disagreement between them, 
 with respect to the time of adjournment, he may adjourn them to 
 such time as he shall think proper ; he shall receive ambassadors 
 and other public ministers ; he shall take care that the laws be 
 faithfully executed, and shall commission all the officers of the 
 United States. 
 
 Section Four. The President, Vice President and all civil offi- 1™?^"='!™°'- 
 cers of the United States, shall be removed from office on impeach- 
 ment for, and conviction of treason, bribery, or other high crimes 
 and misdemeanors. 
 
 ARTICLE III. 
 
 Section One. The judicial power of the United States, shall be ^^^J^^ J-iiioiai 
 vested in one Supreme Court, and in such inferior courts as the 
 Congress may from time to time ordain and establish. The judges, p™™yo™'* °Tf 
 both of the supreme and inferior courts, shall hold their offices J"'is«=- 
 during good behaviour, and shall, at stated times, receive for their 
 services, a compensation, which shall not be diminished during 
 their continuance in office. 
 
 Section Two. The judicial power shall extend to all cases, in Jurisdiction. 
 law and equity, arising under "this Constitution, the laws of the 
 United States, and treaties made, or which shall be made, under 
 their authority ; — to all cases affecting ambassadors, other public 
 ministers, and consuls ; — to all cases of admiralty and maritime 
 jurisdiction ; — to controversies to which the United States shall 
 be a party ; — to controversies between two or more States ; — be- 
 tween a State and citizens of another State ; — between citizens of 
 different States, — between citizens of the same State claiming lands 
 under grants of different States [,and between a State, or the citi- [^"i! /J»"^i„f„^![: 
 zens thereof, and foreign States, citizens or subjects]. ments, Art. xi.i 
 
 In all cases affecting ambassadors, other public ministers and J.^i^f^^'^^t"' ®"" 
 consuls, and those in which a State shall be party, the Supreme 
 Court shall have original jurisdiction. In all the other cases be- 
 fore mentioned, the Supreme Court shall have appellate jurisdic- 
 tion, both as to law and fact, with such exceptions, and under such 
 regulations as the Congress shall make. 
 
 The trial of all crimes, except in cases of impeachment, shall be of 'rial for crimes, 
 by jury ; and such trial shall be held in the State where the said 
 crimes shall have been committed ; but when not committed within 
 
 3 
 
10 CONSTITUTION OF THE UNITED STATES. [Aet. 4. 
 
 any State, the trial shall be at such place or places as the Congress 
 may by law have directed. 
 Of trcaaoji. SECTION Thkee. Treason against the United States, shall con- 
 
 sist only in levying war against them, or in adhering to their 
 enemies, giving them aid and comfort. No person shall be con- 
 victed of treason unless on the testimony of two witnesses to the 
 same overt act, or on confession in open court. 
 
 The Congress shall have power to declare the punishment of 
 treason, but no attainder of treason shall work corruption of blood 
 or forfeiture except during the life of the person attainted. 
 
 ARTICLE IV. 
 
 Of state records. SECTION One. FuU faith and Credit shall be given in each State 
 to the public acts, records, and judicial proceedings of every other 
 State. And the Congress may by general laws prescribe the man- 
 ner in which such acts, records and proceedings shall be proved, 
 and the effect thereof. 
 
 Privileges of citi- Section Two. The citizens of each State shall be entitled to all 
 
 zeoBhip. ^ ^ ^ ^ ... 1 r\ 
 
 privileges and immunities of citizens in the several States. 
 
 Of ^fugitives ftom ^ person charged in any State with treason, felony, or other 
 crime, who shall flee from justice, and be found in another State, 
 shall, on demand of the executive authority of the State from 
 which he fled, be delivered up, to be removed to the State having 
 jurisdiction of the crime. 
 
 Of ftagitives from No person held to service or labor in one State, under the laws 
 thereof, escaping into another, shall, in consequence of any law or 
 regulation therein, be discharged from such service or labor, but 
 shall be delivered up on claim of the party to whom such service 
 or labor may be due. 
 
 Of new states. SECTION Thbee. New States may be admitted by the Congress 
 
 into this Union ; but no new State shall be forlned or erected 
 within the jurisdiction of any other State ; nor any State be 
 formed by the junction of two or more States, or part of States, 
 without the consent of the legislatures of the States concerned as 
 well as of the Congress. 
 
 Of tiie territory The Congrcss shall have power to dispose of and make all 
 
 and other proper- if i i i i ■ • i 
 
 ty of tiie TFnited ncedtul rulcs and regulations respecting the territory or other 
 
 property belonging to the United States ; and nothing in this 
 Constitution shall be so construed as to prejudice any claims of 
 the United States, or of any particular State. 
 Republican form Section Foub. The United States shall guaranty to every State 
 
 of government tt • r t p p '-^•'o,"^ 
 
 guaranteed to the in this Uuion 0, republican form of government, and shall nrotect 
 
 several States. ... , , r " 
 
 Protection of the eacli of them against invasion, and on application of the leo-isla- 
 
 States. fi ■ ^ ^ ii-i 
 
 ture, or or the executive, (when the legislature cannot be con- 
 vened,) against domestic violence. 
 
Art. 5, 6, 7.] CONSTITUTION OF THE UNITED STATES. H 
 
 ARTICLE V. 
 
 The Congress, whenever two-thirds of both houses shall deem Amendments to the 
 
 , ,1 1 ,.<-,.. Constitution. 
 
 it necessary, shall propose amendments to this Constitution, or, 
 on the application of the legislatures of two-thirds of the several 
 States, shall call a convention for proposing amendments, which, 
 in either case, shall be valid to all intents and purposes, as part of 
 this Constitution, when ratified by the legislatures of three-fourths 
 of the several States, or by conventions in three-fourths thereof, 
 as the one or the other mode of ratification may be proposed by 
 the Congress ; provided that no amendment which may be made 
 prior to the year one thousand eight hundred and eight, shall in 
 any manner afiect the first and fourth clauses in the ninth section 
 of the first article ; and that no State, without its consent, shall 
 be deprived of its equal suffrage in the Senate. 
 
 ARTICLE VL 
 
 All debts contracted and engagements entered into, before the of the debts of the 
 
 cs iD ^ ^ ' ^ Confederation. 
 
 adoption of this Constitution, shall be as valid against the United 
 States under this Constitution, as under the confederation. 
 
 This constitution, and the laws of the United States which Of the supreme 
 shall be made in pursuance thereof ; and all treaties made, or which 
 shall be made, under the authority of the United States, shall be 
 the supreme law of the land ; and the judges in every State shall 
 be bound thereby, anything in the Constitution or laws of any 
 State to the contrary notwithstanding. 
 
 The Senators and Representatives before mentioned, and the or the constitu- 
 
 ^ , , tional oath. 
 
 members of the several State legislatures, and all executive and 
 judicial officers, both of the United States and of the several 
 States, shall be bound by oath or affirmation, to support this Con- 
 stitution ; but no religious test shall ever be required as a qualifi- Religious tests pro- 
 cation to any officTe or public trust under the United States. 
 
 ARTICLE VIL 
 
 The ratification of the conventions of nine States, shall be suffi- 
 cient for the establishment of this Constitution between the States 
 so ratifying the same. 
 
 Done in Convention hy the unanimous consent of the States present the 
 seventeenth day of Septemher in the year of our Lord one thousand 
 seven hundred and eighty-seven and of the Independence of the 
 United States of America the twelfth. In witness whereof we 
 have hereunto subscribed our names. 
 
 GEO WASHINGTON— 
 
 PresidH and deputy from Virginia. 
 
 Ratification. 
 
12 
 
 CONSTITUTION OF THE UNITED STATES. [Amendments. 
 
 New Hampshire. 
 John Langdon, 
 Nicholas Gilman. 
 
 Massachusetts. 
 Nathaniel Gorham, 
 RuFUS King. 
 
 Connecticut. 
 Wm. Saml. Johnson, 
 Roger Shbeman. 
 
 New York. 
 Alexander Hamilton. 
 
 New Jersey. 
 WiL : Livingston, 
 David Brbarley, 
 Wm. Paterson, 
 JoNA. Datton. 
 
 Pennsylvania. 
 B. Franklin, 
 Thomas Mifflin, 
 Robt. Morris, 
 Geo : Clymbr, 
 Tho ; Fitzsimons, 
 Jared Ingersoll, 
 James Wilson, 
 Gouv ; Morris. 
 
 Attest : 
 
 Delaware. 
 Geo : Read, 
 
 Gunning Bedford, jun'e, 
 John Dickinson, 
 Richard Bassett, 
 Jaco : Broom. 
 
 Maryland. 
 James McHenry, 
 Dan : of St. Thos : Jenifer, 
 Danl. Carroll. 
 
 Virginia. 
 John Blair, 
 James Madison, jr. 
 
 North Carolina. 
 Wm. Blount, 
 Rich'd Dobbs Spaight, 
 Hu. Williamson. 
 
 South Carolina. 
 j. rutledgb, 
 
 Charles Coatesworth Pinokney, 
 Charles Pinokney, 
 Pierce Butler. 
 
 Georgia. 
 William Few, 
 Abb. Baldwin. 
 
 WILLIAM JACKSON, 
 
 Secretary. 
 
 [The conventions of a number of the States having, at the time 
 of their adopting the Constitution, expressed a desire, in order 
 to prevent misconstruction or abuse of its powers, that further 
 declaratory and restrictive clauses should be added. Congress, 
 at the session begun and held at the City of New York, on 
 Wednesday, the 4th of March, 1789, proposed to the Legisla- 
 tures of the several States twelve amendments, ten of which, 
 only, were adopted. They are the ten first following :] 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 Rights of 
 science ; i 
 press ; petition. 
 
 ARTICLE L 
 
 First Session, First Congress, March 4th, 1789. 
 
 Congress shall make no law respecting an establishment of re- 
 ligion, or prohibiting the free exercise thereof; or abridging the 
 freedom of speech, or of the press ; or the right of the people 
 peaceably to assemble, tind to petition the government for a redress 
 of grievances. 
 
Amendments.] CONSTITUTION OF THE UNITED STATES. 13 
 
 ARTICLE II. 
 
 A well regulated militia, being necessary to the security of a Of the right to bear 
 free State, the right of the people to keep and bear arms, shall not ''™^' 
 be infringed. 
 
 ARTICLE II L 
 
 No soldier shall, in time of peace be quartered in any house, of quartering 
 without the consent of the ownjer, nor in time, of war, but in a '™°^^' 
 manner to be prescribed by law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, houses, Of the right of 
 
 ■t {v^ . ^ -, ii- search ; of seizure ; 
 
 papers, and. eitects, against unreasonable searches and seizures, and general war- 
 shall not be violated, and no warrants shall issue, but upon prob- 
 able cause, supported by oath or affirmation, and particularly de- 
 scribing the place to be searched, and the persons or things to be 
 seized. 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital, or otherwise seouritiea for life, 
 infamous crime, unless on a presentment or indictment of a grand erty.'^' '"^ '"^"^ 
 jury, except in cases arising in the land or naval forces, or in the 
 militia, when in actual service in time of war or public danger; 
 nor shall any person be . subject for the same offence to be twice 
 put in jeopardy of life or limb ; nor shall be compelled in any 
 criminal case to be a witness against himself, nor be deprived of 
 life, liberty, or property, without due process of law ; nor shall 
 private property be taken for public use, without just compen- 
 sation. 
 
 ARTICLE VL 
 
 In all criminal prosecutions, the accused shall enjoy the right to Of trial in criminal 
 a speedy and public trial, by an impartial jury of the State and ushts of a defend- 
 district wherein the crime shall have been committed, which dis- 
 trict shall have been previously ascertained by law, and to be in- 
 formed of the nature and cause of the accusation ; to be confronted 
 with the witnesses against him ; to have compulsory process for 
 obtaining witnesses in his favor, and to have the assistance of coun- 
 sel for his defence. 
 
 ARTICLE VI L 
 In suits at common law, where the value in controversy shall or trials in cItU 
 exceed twenty dollars, the right of trial by jury shall be preserved, 
 and no fact tried by a jury shall be otherwise re-examined in any 
 court of the United States, than according to the rules of the com- 
 mon law. 
 
14 CONSTITUTION OF THE UNITED STATES. [Amendments. 
 
 ARTICLE VIII. 
 
 Of bail, fines, and Exccsslve bail sliall not be required, nor excessive fines imposed, 
 
 punishments. * • n- t 
 
 nor cruel and unusual punishments inflicted. 
 
 ARTICLE IX. 
 
 Of rights reseryed. The enumeration in the Constitution, of certain rights, shall not 
 be construed to deny or disparage others retained by the people. 
 
 ARTICLE X. 
 
 Of powers reserved The powers not delegated to the United States by the Constitu- 
 p°eopie° *' " tion, nor prohibited by it to the States, are reserved to the States 
 respectively, or to the people. 
 
 ARTICLE XL 
 Third Congress, Second Session, December 2d, 1793. 
 LimitaHon of the The ludicial power of the United States shall not be construed 
 
 judicial power. '^ . , , . i , j 
 
 to extend to any suit in law or equity, commenced or prosecuted 
 against one of the United States by citizens of another State, or 
 by citizens or subjects of any foreign State. 
 
 ARTICLE XI L 
 
 Eighth Congress, First Session, October 17th, 1803. 
 
 Manner of electing The clcctors shall meet in their respective States, and vote by 
 Vice President. ballot for President and Vice President, one of whom, at leastj 
 shall not be an inhabitant of the same State with themselves ; 
 they shall name in their ballots the person voted for as President, 
 and in distinct ballots the person voted for as .Vice President, 
 and they shall make distinct lists of all persons voted for as Pres- 
 ident, and of all persons voted for as Vice President, and of the 
 number of votes for each ; which lists they shall sign and certify, 
 and transmit sealed to the seat of the government of the United 
 States, directed to the President of the Senate ; — The President 
 of the Senate shall, in the presence of the Senate and House of 
 Representatives, open all the certificates and the votes shall then 
 be counted ; — the person having the greatest number of votes for 
 President, shall be the President, if such number be a majority of 
 the whole number of electors appointed; and if no person have 
 such majority, then from the persons having the highest numbers 
 not exceeding three on the list of those voted for as President, the 
 House of Representatives shall choose immediately, by ballot, the 
 President. But in choosing the President, the vote shall be taken 
 
Amendments.] CONSTITUTION OF THE UNITED STATES. 1.5 
 
 by States, the representation from each State having one vote ; a 
 quorum for this purpose shall consist of a member or members 
 from two-thirds of the States, and a majority of all the States 
 shall be necessary to a choice. And if the House of Representa- 
 tives shall not choose a President whenever the right of choice 
 shall devolve upon them, before the fourth day of March, next 
 following, then the Vice President shall act as President, as in 
 the case of the death or other constitutional disability of the 
 President. 
 
 The person having the greatest number of votes as Vice Presi- 
 dent, shall be the Vice President, if such number be a majority of 
 the whole number of electors appointed, and if no person have a 
 majority, then from the two highest numbers on the list, the 
 Senate shall choose the Vice President ; a quorum for the purpose 
 shall consist of two-thirds of the whole number of Senators, and 
 a majority of the whole number shall be necessary to a choice. 
 But no person constitutionally ineligible to the office of President 
 shall be eligible to that of Vice President of the United States. 
 
 ARTICLE XIII. 
 
 Thirty-eighth Congress, Second Session, February 1st, 1865. 
 
 Section One. Neither slavery nor involuntary servitude, except slavery and mvoi- 
 as a punishment for crime whereof the party shall have been duly except for crime', 
 convicted, shall exist within the United States, or any place sub- 
 ject to their jurisdiction. 
 
 Section Two. Congress shall have power to enforce this article rower of congress 
 
 ■,.-.,,. to enforce this 
 
 by appropriate legislation. Article. 
 
 ARTICLE XIV. 
 
 Thirty-ninth Congress, First Session, June 16th, 1868. 
 
 Section One. All persons born or naturalized in the United who citizens. 
 States and subject to the jurisdiction thereof, are citizens of the 
 United States and of the State wherein they reside. No State statenottoabridKe 
 shall make or enforce any law which shall abridge the privileges or muni ties of citizens. 
 immunities of citizens of the United States ; nor shall any State 
 deprive any person of life, liberty, or property, without due process 
 of law nor deny to any person within its jurisdiction the equal pro- 
 tection of the laws. 
 
 Section Two. The representatives shall be apportioned among Apportionment of 
 the several States according to their respective numbers, counting 
 the whole number of persons in each State, excluding Indians not 
 taxed. But when the right to vote at any election for the choice 
 of electors for President and Vice President of the United States, 
 representatives in Congress, the executive and judicial officers of a 
 State, or the members of the legislature thereof, is denied to any 
 one of the male inhabitants of such State, being twenty-one years 
 
16 CONSTITUTION OF THE UNITED STATES. [Amendments. 
 
 of age, and citizens of the United States, or in any way abridged, 
 except for participation in rebellion or other crime, the basis of rep- 
 resentation therein shall be reduced in the proportion which the 
 number of such male citizens shall bear to the whole number of 
 male citizens twenty-one years of age in such State. 
 
 Disabiuties in- SECTION Thkee. No person shall be a senator or representative 
 
 of participation in in Congrcss, or clector of President and Vice President, or hold 
 any office, civil or military, under the United States, or under any 
 State, who having previously taken an oath as a member of Con- 
 gress, or as an executive or judicial officer of any State, to support 
 the Constitution of the United States, shall have engaged in insur- 
 rection or rebellion against the same, or given aid or comfort to the 
 enemies thereof. But Congress may, by a vote of two-thirds of 
 each house, remove such disability. 
 
 Validity of the pub- SECTION FouK. The Validity of the public debt of the United 
 States, authorized by law, including debts incurred for paymgnt of 
 pensions and bounties for services in suppressing insurrection or 
 rebellion, shall not be questioned. But neither the United States 
 
 Of debts incurred nor any State shall assume or pay any debt or obligation incurred 
 
 in aid of rebellion, , ,-,«. . in*. iTT'in 
 
 and claims for loss m aid ot msurrection or rebellion against the United states, or any 
 claim for the loss or emancipation of any slave ; but all such debts, 
 obligations, and claims shall be held illegal and void. 
 Power of Congress SECTION FiVE. The CoHgress shall liavc power to enforce, by 
 tide. appropriate legislation, the provisions of this Article. 
 
INDEX 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 A. 
 
 Akt. Sec. Page 
 
 Arts and sciences to be promoted i 8 5 
 
 Acts, records, and judicial proceedings of each State entitled to faith 
 
 and credit in other States 4 i 10 
 
 Amendmaits to the Constitution, how made 5 i 11 
 
 Appointments to be made by the President 2 2 8 
 
 Apportionment of representatives i 2 2 
 
 Ditto . . . Ditto 15 
 
 Appropriations by law '. i 9 6 
 
 Appropriation for army not to exceed two years i 8 5 
 
 Armies, Congress to raise and support i 8 5 
 
 Arms, right of the people to keep and bear 13 
 
 Assemble, people may 12 
 
 Attainder, bill of, prohibited to Congress i 9 6 
 
 prohibited to the States i 10 6 
 
 of treason shall not work corruption of blood or forfeiture, 
 
 except during the life of the person attainted ••••33 10 
 
 B. 
 
 Bail, excessive, not required 14 
 
 Bankruptcy laws to be uniform i 8 5 
 
 Bills for raising revenue shall originate in the House of Representa- 
 tives I 7 4 
 
 before they become laws, shall be passed by both houses 
 and approved by the President ; or, if disapproved, shall 
 
 be passed by two-thirds of each house i 7 "4 
 
 not returned in ten days, unless an adjournment intervene, 
 
 shall be laws i 7 4 
 
 Borrow money. Congress may i 8 5 
 
 C. 
 
 Capitation tax, apportionment of i 9 6 
 
 Census, or enumeration, to be made every ten years i 2 2 
 
 4 ( XXV ) 
 
INDEX TO CONSTITUTION OF UNITED, STATES. 
 
 Sec. 
 
 Page 
 
 2 
 
 10 
 
 
 IS 
 
 
 IS 
 
 3 
 
 lO 
 
 3 
 
 lO 
 
 9 
 
 6 
 
 8 
 
 S 
 
 8 
 
 S 
 
 9 
 
 6 
 
 3 
 
 9 
 
 ... 
 
 13 
 
 I 
 
 2 
 
 4 
 
 3 
 
 4 
 
 3 
 
 6 
 
 4 
 
 Aet. 
 Citizens of each State shall be entitled to the privileges and immuni- 
 ties of citizens in the several States 4 
 
 of the United States, who are 
 
 of the United States, not to be abridged in privilege, &c., 
 
 by any State 
 
 Claims, no prejudice to certain 4 
 
 of the United States, or of the several States, not to be 
 
 prejudiced by any construction of the Constitution . . 4 
 
 Coasting trade, regulations respecting i 
 
 Coins, Congress to fix value of foreign i 
 
 Commerce, Congress to regulate i 
 
 regulations respecting, to be equal and uniform .... i 
 
 Commissions to be granted by the President 2 
 
 Common law recognized and established, 7th amend^nent 
 
 Congress vested with power i 
 
 may alter the regulations of State legislatures concerning 
 elections of senators and representatives, except as to 
 
 place of choosing senators i 
 
 shall assemble once every year i 
 
 officers of government cannot be members of i 
 
 may provide for cases of removal, death, &c., of President 
 
 and Vice-President 2 
 
 may determine the time of choosing electors of President 
 
 and Vice-President 2 
 
 may invest the appointment of inferior officers in the Presi- 
 dent alone, in the courts of law, or the heads of depart- 
 ments 2 
 
 may establish courts inferior to the Supreme Court ... 3 
 
 may declare the punishment of treason 3 
 
 may prescribe the manner of proving the acts and records 
 
 of each State 4 
 
 to assent to the formation of new States 4 
 
 may propose amendments to Constitution or call a conven- 
 
 t'oti 5 
 
 to lay and collect duties 
 
 to borrow money 
 
 to regulate commerce 
 
 to establish uniform laws of bankruptcy and naturalization 
 
 to coin money, regulate the value of coin, and fix a stand- 
 ard of weights and measures 
 
 to punish counterfeiting 
 
 , to constitute tribunals inferior to the Supreme Court . . 
 
 to define and punish piracies, felonies on the high seas, 
 and offences against the laws of nations 
 
 to establish post offices and post roads 
 
 to authorize patents to authors and inventors 
 
 to declare war, grant letters of marque, and make rules 
 concerning captures 
 
 to raise and support armies 
 
 2 
 
 I 
 3 
 
 I 
 3 
 
 I 
 8 
 8 
 8 
 8 
 
 10 
 10 
 
 II 
 S 
 S 
 
 s 
 
 5 
 
 S 
 5 
 
 S 
 
 s 
 s 
 s 
 
 s 
 s 
 
INDEX TO CONSTITUTION OF UNITED STATES. xxvii 
 
 Aet. Sec. Page 
 
 Congress to provide and maintain a navy i 8 5 
 
 to make rules for the government of the army and navy .18 5 
 
 to call out the militia in certain cases i 8 5 
 
 to organize, arm, and discipline militia i 8 5 
 
 to exercise exclusive legislation over seat of government .18 6 
 to pass laws necessary to carry the enumerated powers into 
 
 effect I 8 6 
 
 to dispose of and make rules concerning the territory or 
 
 other property of the United States 4 3 10 
 
 may enforce Art. XIII of Amendment, by appropriate 
 
 legislation 15 
 
 may remove disabilities arising out of participation in re- 
 bellion 16 
 
 may enforce Art. XIV of Amendment, by appropriate 
 
 legislation 16 
 
 President may convene and adjourn, in certain cases ..23 9 
 
 Constitution how amended S i 11 
 
 laws, and treaties declared to be the supreme law ... 6 i i r 
 
 rendered operative by the ratification of nine States . . 7 i 11 
 
 Contracts, no law impairing i 10 6 
 
 Conventions for proposing amendments to the Constitution ... 5 i 11 
 
 Counterfeiting, Congress to provide for punishment of i 8 5 
 
 Cd?«r/, Supreme, its original and appellate jurisdiction ...... 3 2 8 
 
 Courts inferior to the Supreme Court may be ordained by Congress 18 5 
 
 Ditto Ditto . . . . \ . . 3 I 9 
 
 Crimes, persons accused of, fleeing from justice, may be demanded 42 10 
 
 how to be tried 3 2 9 
 
 Criminal prosecutions, proceedings in cases of 13 
 
 D. 
 
 2?^;^/, Public, validity of not to be questioned 16 
 
 Debts against the confederation to be valid 6 i 11 
 
 incurred in aid of rebellion, and claims for loss of slaves, 
 
 illegal and void 16 
 
 Z'm«^z7«%« incurred by reason of participation in rebellion 16 
 
 Duties to be laid by Congress, and to be uniform i 8 5 
 
 further provision respecting i 9 6 
 
 cannot be laid by the States i 10 6 
 
 on exports prohibited i 9 ^ 
 
 on imports and exports imposed by States shall inure to 
 
 the treasury of the United States iio 6 
 
 E. 
 
 Elections of senators and representatives shall be prescribed by the 
 
 States I 4 3 
 
 qualifications and returns of members of Congress to be 
 
 determined by each house i S 4 
 
 Electors of President and Vice-President, how chosen, and their du- 
 ties 2 I 7 
 
 altered, (see 12th amendment) i4 
 
xxviii INDEX TO CONSTITUTION OF UNITED STATES. 
 
 Aet. Sec. Page 
 
 Electors to vote the same day throughout the United States ...21 8 
 
 no senator or representative, or public officer, shall serve as 2 i 7 
 
 disabilities for position of 16 
 
 Enumeration every ten years i 2 2 
 
 Executive power vested in a President, (see President) 21 7 
 
 Exports not to be taxed i 9 6 
 
 and imports. States prohibited from laying duties on . . i 10 6 
 
 Ex post facto law, none shall be passed i 9 6 
 
 prohibited to States i 10 6 
 
 r. 
 
 Fines excessive, prohibited 14 
 
 Fugitives from justice to be delivered up 4 2 10 
 
 from service may be reclaimed 4 2 10 
 
 H. 
 
 Habeas corpus, writ of, can only be suspended in cases of rebellion 
 
 . or invasion i 9 6 
 
 House of Representatives. (See Representatives.') 
 
 I. 
 
 /OT/^ac/%»2^;7/ to be brought by House. of Representatives ....12 2 
 
 tried by the Senate i 3 3 
 
 judgment on ' i 3 3 
 
 all civil officers liable to 2 4 9 
 
 Importation of slaves, Vi.o\ '^XQ\iCd\t'S.Ai!^ x^oi i 9 6 
 
 /«w/a«/fl;ry jifrOTV«(/i? prohibited except as punishment for crime 15 
 
 J. 
 
 Judges shall hold their offices during good behavior 31 9 
 
 their compensation 3 i g 
 
 Judiciary — tribunals inferior to Supreme Court may be created ..18 5 
 
 Judicial power vested in a Supreme Court and courts inferior • • 3 i 9 
 
 powers of the judiciary 3 2 9 
 
 ■ restrictions as to suits against a State 14 
 
 Judicial proceedings of each State are entitled to faith and credit in 
 
 every State 4 i jq 
 
 Jury trial secured, and shall be held in the State where the crime 
 
 shall have been committed 3 2 9 
 
 further regulated, (6th amendment) , 
 
 secured in suits at common law where the value in contro- 
 versy shall exceed twenty dollars, (7th amendment) 13 
 
 L. 
 
 Law, what is declared the supreme 5 j ^^ 
 
 common, recognized and established, (7th amendment) i , 
 
 Laws, President to see them faithfully executed 2 3 
 
 Legislative powers vested in Congress. (See Congress^ 
 
 Loans, authority to make ... 1 3 _ 
 
INDEX TO CONSTITUTION OF UNITED STATES. xxix 
 
 M. 
 
 Art. Sec. Page 
 
 Marque and reprisal, letters of i 8 5 
 
 Militia to be called out r 8 5 
 
 to be officered by the States i 8 5 
 
 to be commanded by the President 2 2 8 
 
 their right to keep and bear arms secured, (2d amendment) 13 
 
 Money shall be drawn from the treasury only by appropriation laws 19 6 
 
 Congress to coin and regulate value of i 8 5 
 
 States cannot make i 10 6 
 
 N. 
 
 Naturalization, uniform rules of i 8 5 
 
 Navy, Congress to provide and govern i 8 5 
 
 Nobility, titles of, shall not be granted by the United States ...19 6 
 
 nor by the States i 10 6 
 
 O. 
 
 Officers of the House of Representatives shall be chosen by the House 12 2 
 
 of the Senate shall be chosen by the Senate i 3 3 
 
 civil, may be removed by impeachment 2 4 9 
 
 Order of one house requiring the concurrence of the other ...17 5 
 
 Oath of the President 2 i 7 
 
 of the public officers 6 i 11 
 
 P. 
 
 Pardons, President may grant 2 2 8 
 
 Patents to be granted to inventors i 8 5 
 
 Petition, light of 12 
 
 Persons held to service or labor, their importation or migration into 
 
 the United States may be prohibited after 1808 ...19 6 
 escaping from one State to another shall be delivered up to 
 
 tliose entitled to service 4 2 10 
 
 Piracy, Congress to prescribe punishment for i 8 5 
 
 Post offices and post roads, &s\shY\^v[iexiX oi i 8 5 
 
 Powers not delegated to Congress nor prohibited to the States are 
 
 reserved, (loth amendment) 14 
 
 legislative. (See Congress^ 
 executive. (See J^resident.) 
 judicial. (See judicial.) 
 
 Presents from foreign powers to public officers prohibited ....19 6 
 
 Press, freedom of 12 
 
 />-««■(/<;»/ (2/" //^if C''. 5. vested with the executive power 21 7 
 
 shall be chosen for four years 2 i 7 
 
 how elected 2 i 7 
 
 same, (12th amendment) 14 
 
 qualifications for 2 1 ■ 8 
 
 who will act in case of vacancy 2 i 8 
 
 compensation of 2 i 8 
 
 shall take an oath of office 2 i 8 
 
XXX INDEX TO CONSTITUTION OF UNITED STATES. 
 
 Art. Sec. Page 
 
 /Vm(/if«if it/" /^f £/; ^. may be removed by impeachment .... 2 4 7 
 
 President, commander of army, navy, and militia 2 2 8 
 
 may require the written opinions of the heads of departments 22 8 
 
 may reprieve and pardon 2 2 8 
 
 may make treaties with consent of the Senate .... 2 2 8 
 may appoint to office with consent of the Senate ... 22 
 shall fill up vacancies happening during the recess of the 
 
 Senate 2 2 9 
 
 shall give information to Congress and recommend meas- 
 ures 2 3 9 
 
 may convene both houses, or either house 2 3 9 
 
 may adjourn them in case of disagreement 23 9 
 
 shall receive ambassadors and public ministers .... 2 3 9 
 
 shall take care that the laws be faithfully executed ... 2 3 9 
 
 shall commission all officers 2 3 9 
 
 Privileges and immunities of members of Congress i 6 4 
 
 of citizens. (See Citizens, also Rights.) 
 
 Property, Congress to provide for care of public 4 3 10 
 
 shall not be taken for public use without just compensa- 
 tion, (5th amendment) 13 
 
 Punishments, cruel and unusual, prohibited 14 
 
 Q- 
 
 Quorum for business, what shall be a i 5 4 
 
 of States in choosing*a President by the House of Repre- 
 sentatives 2 I 
 
 Quartering of troops , 13 
 
 R. 
 
 i?^^if//w«, disabilities incurred by reason of participation in 16 
 
 Receipts and expenditures, accounts of, to be published .... 1 9 6 
 
 Records, how to be authenticated 4 i 10 
 
 .fftf/«;g7'i?«, no law to be made prohibiting free exercise of 12 
 
 religious test not required 6 ... ir 
 
 Reprieves granted by the President 2 2 7 
 
 Representatives, Bouse of, composed of members chosen every second 
 
 year i 2 2 
 
 qualifications of voters i 2 2 
 
 qualifications of members i 2 2 
 
 Ditto . . . Ditto j6 
 
 apportionment of j 2 2 
 
 Ditto . Ditto J- 
 
 vacancies, how supplied i 2 2 
 
 shall choose their officers 1 2 7, 
 
 shall have the power of impeachment i 2 ■? 
 
 shall be the judge of the election and qualifications of its 
 
 members j - . 
 
 what shall be a quorum j e . 
 
 any number may adjourn, and compel the attendance of 
 
 absentees t- . 
 
INDEX TO CONSTITUTION OF UNITED STATES. xxxi 
 
 ' Art. Sec. Page 
 
 Representatives may determine the rules of proceeding 15 4 
 
 may punish or expel a member i 5 4 
 
 shall keep a journal and publish the same i 5 4 
 
 shall not adjourn for more than three days, nor to any other 
 
 place, without the consent of the Senate 15 4 
 
 one-fifth may require the yeas and nays i 5 4 
 
 shall originate bills for raising revenue i 7 4 
 
 compensation to be ascertained by law i 6 4 
 
 privileged from arrest, except in certain cases ....16 4 
 
 shall not be questioned for speech or debate in the House 16 4 
 
 shall not be appointed to office i 6 4 
 
 shall not serve as electors of President 2 i 7' 
 
 and direct taxes apportioned according to numbers ...12 2 
 Representation of a State, vacancies in, supplied until a new election 
 
 by executive authority i 2 2 
 
 Resolution, order, or vote, requiring the concurrence of both houses, 
 
 to undergo the formalities of bills i 7 4 
 
 Revenue bills to originate in the House of Representatives ...17 4 
 Rights of the citizen declared to be — 
 
 privileges of citizens of the several States 4 2 10 
 
 liberty of conscience in matters of religion 12 
 
 freedom of speech and of the press 12 
 
 to assemble and petition 12 
 
 to keep and bear arms 13 
 
 to be exempt from the quartering of soldiers 13 
 
 to be secure from unreasonable searches and seizures 13 
 
 to be free from answering for a crime, unless on present- 
 ment or indictment of a jury 13 
 
 not to be twice jeoparded for the same offence 13 
 
 not to be compelled to be a witness against himself 13 
 
 not to be deprived of life, liberty, or property, without due 
 
 course of law i3> ^5 
 
 private property not to be taken for public use 13 
 
 in criminal prosecutions, shall enjoy the right of a speedy 
 
 trial by jury, with all the means necessary for his defence 13 
 
 in civil cases, trial to be by a jury, and shall only be re- 
 examined according to common law 13 
 
 excessive bail shall not be required, excessive fines im- 
 posed, nor cruel or unusual punishments inflicted 14 
 
 enumeration of certain rights shall not operate against re- 
 tained rights 13 
 
 no State to abridge privileges, &c., of citizens of the U. S 15 
 
 no State to deprive any person of life, liberty, or property, 
 
 without due process of law, &c 15 
 
 Rules, each house shall determine its own i 5 4 
 
 S. 
 
 ■Seat of Government, exclusive legislation i 8 6 
 
 Searches and seizures, ?,&<:.Mx\X.^ ■i.gwas.X. 13 
 
 Senate, composed of two senators from each State i 3 3 
 
xxxii INDEX TO CONSTITUTION OF UNITED STATES. 
 
 Art. Sec. Page 
 
 Senate, how chosen, classed, and terms of service i 3 3 
 
 qualifications of senators i 3 3 
 
 Ditto . . Ditto 16 
 
 Vice-President to be President of the i 3 3 
 
 shall choose their officers i 3 3 
 
 shall be the judge of the elections and qualifications of its 
 
 members i 5 4 
 
 what number shall be a quorum i 5 4 
 
 any number may adjourn, and compel attendance of ab- 
 sentees 1 5 4 
 
 may determine its rules i S 4 
 
 may punish or expel a member i 5 4 
 
 shall keep a journal, and publish the same, except parts 
 
 requiring secrecy i 5 4 
 
 shall not adjourn for more than three days, nor to any 
 
 other place, without the consent of the other house ..15 4 
 
 one-fifth may require the yeas and nays i 5 4 
 
 may propose amendments to bills for raising revenue ..17 4 
 
 shall try impeachments t 3 8 
 
 effect of their judgment on impeachment i 3 3 
 
 compensation to be ascertained by law i 6 4 
 
 privileged from arrest i 6 4 
 
 not questioned for any speech or debate i 6 4 
 
 shall not be appointed to office i 6 4 
 
 senator shall not be elector 2 i 7 
 
 Senators and representatives, elections of, how prescribed ....14 3 
 
 Servitude, involuntary, prohibited, except as punishment for crime 15 
 
 Slavery not to exist within the United States, or any place subject 
 
 to their jurisdiction 15 
 
 Slaves, their importation may be prohibited after 1808 i 9 6 
 
 escaping from one State to another may be reclaimed ..42 10 
 
 Soldiers not quartered on citizens 13 
 
 Speaker, how chosen i 2 3 
 
 Speech, freedom of 12 
 
 States prohibited from — 
 
 entering into treaty, alliance, or confederation .... i 10 6 
 
 granting letters of marque iio 6 
 
 coining money i 10 6 
 
 emitting bills of credit 1 10 6 
 
 making anything a tender but gold and silver coin ... 1 10 6 
 passing bills of attainder, ex post facto laws, or laws im- 
 pairing contracts i 10 6 
 
 granting titles of nobility tio 6 
 
 laying duties on imports and exports 110 6 
 
 laying duties on tonnage i 10 7 
 
 keeping troops or ships of war in time of peace .... 110 7 
 entering into any agreement or contract with another State 
 
 or a foreign power r 10 7 
 
 engaging in war i 10 7 
 
INDEX TO CONSTITUTION OF UNITED STATES. xxxiii 
 
 Art. Sec. Page 
 
 States, new, may be admitted into the Union 4 3 10 
 
 may be formed within the jurisdiction of others, or by the 
 
 junction of two or more, with the consent of Congress 
 
 and the legislatures concerned 4 3 10 
 
 State judges bound to consider treaties, the Constitution, and the 
 
 laws under it, as supreme 6 ... 11 
 
 State, every, guaranteed a republican form of government, protected 
 
 by United States 4 4 10 
 
 Supreme Court. (See Court and judiciary.) 
 
 Suits at common law, proceedings in 13 
 
 T. 
 
 Tax, direct, according to representation i 2 2 
 
 shall be laid only in proportion to census i g 6 
 
 Tax on exports prohibited i 9 6 
 
 Tender what shall be a legal 1 10 6 
 
 Territory, or public property, Congress may make rules concerning 4 3 10 
 
 7>j/, religious, shall not be required 6 ... 11 
 
 Titles. (See Nobility.) 
 
 Title from foreign State prohibited i 9 6 
 
 Treason, defined 3 3 10 
 
 t*o witnesses, or confession, necessary for conviction . . 3 3 10 
 
 punishment of, may be prescribed by Congress .... 3 3 10 
 
 Treasury, money drawn from, only by appropriation i 9 6 
 
 Treaties, how made 2 2 8 
 
 the supreme law 6 ... 11 
 
 States cannot make i 10 6 
 
 V. 
 
 Vacancies happening during the recess may be filled temporarily by 
 
 the President 2 2 8 
 
 in representation in Congress, how filled i 2 2 
 
 Veto of the President, effect of, and proceedings on i 7 5 
 
 Vice-President of the U. S. to be President of the Senate ....13 3 
 
 how elected 2 i 7 
 
 amendment 14 
 
 shall, in certain cases, discharge the duties of President .21 7 
 
 may be removed by impeachment 2 4 9 
 
 Vote of one house requiring the concurrence of the other ....17 5 
 
 W. 
 
 War, Congress to declare i 8 5 
 
 Warrants for searches and seizures, when and how they shall issue, 
 
 (4th amendment) 13 
 
 Witness in criminal cases, no one compelled to be against himself, 
 
 (5th amendment) 13 
 
 Weights and measures, standard of i 8 5 
 
 Y. 
 Yeas and nays entered on pnrnal i 5 
 
DOCUMENTS, ETC., 
 
 ILLUSTHATING THE 
 
 HISTORY OF THE 
 
 CONSTITUTION OF ARKANSAS. 
 
MEMBERS 
 
 Arkansas Constitutional Convention of 1868. 
 
 Arkansas County. 
 JOHN McCLURE, 
 OHN N. HUTCHINSON. 
 
 AsMey County. 
 W. D. MOORE, 
 GEORGE W. NORMAN. 
 
 Benton County. 
 W. W. REYNOLDS. 
 
 Bradley County. 
 JOHN M. BRADLEY. 
 
 Calhoun County. 
 WILLIAM G. HOLLIS. 
 
 Carroll County. 
 JOSEPH WRIGHT. 
 
 Chicot County. 
 JAMES W. MASON. 
 
 Clark County. 
 SOLOMON EXON, 
 MILES LEDFORD LANGLEY. 
 
 Columbia County. 
 WILLIAM A. BEASLEY, 
 GEORGE W. McCOWN. 
 
 Conway County. 
 ANTHONY HINKLE. 
 
 . Craighead and Mississippi Counties. 
 FREDERICK R. POOLE. 
 
 Crawford County. 
 THOMAS M. BOWEN. 
 
 Crittenden County. 
 ASA HODGES. 
 
 Cross and Poinsett Counties. 
 J. A. HOUGHTON. 
 
 Dallas County. 
 GAYLE H. KYLE. 
 
 Desha County. 
 CLIFFORD STANLEY SIMS. 
 
 Drew County. 
 R. G. PUNTNEY, 
 SAMUEL J. MATTHEWS. 
 
 Franklin County. 
 ROBERT HATFIELD. 
 
 Fulton and Searcy Counties. 
 WILLIAM A. WYATT. 
 
 Greene County. 
 HAMPTON T. ALLEN.* 
 
 Hempstead County. 
 JOHN R. MONTGOMERY, 
 SOLOMON D. BELDIN, 
 RICHARD SAMUELS. 
 
 Hot Spring County. 
 JOHN W. HARRISON. 
 
 Independence County. 
 PETER G. MISNER, 
 GEORGE W. DALE. 
 
 Izard County. 
 W. W. ADAMS. 
 Not present. 
 
 ( xxxvii ) 
 
MEMBERS OF THE CONVENTION. 
 
 Jackson County. 
 W. H. PICKETT* 
 
 Jefferson County. 
 SAMUEL W. MALLORY, 
 O. P. SNYDER, 
 JAMES M. GRAY, 
 WILLIAM MURPHY. 
 
 Johnson County. 
 JOHN N. SARBER. 
 
 Lafayette County. 
 ALFRED M. MERRICK, 
 MONROE HAWKINS. 
 
 Lawrence County. 
 BOULDIN DUVALL. 
 
 Little River County. 
 GEORGE S. SCOTT. 
 
 Madison County. 
 F. M. SAMS. 
 
 Marion and Newton Counties. 
 PARLEY A. WILLIAMS. 
 
 \ Mississippi County, joined with Craighead.'] 
 
 Monroe County. 
 AMOS H. EVANS. 
 
 Montgomery and Perry Counties. 
 JOHN C. PRIDDY. 
 
 \_Newton County, joined with Marion.] 
 
 Ouachita County. 
 JAMES P. PORTIS, 
 NATHAN N. RAWLINGS. 
 
 l_Perry County, joined with Montgomery.] 
 
 Phillips County. 
 JOSEPH BROOKS, 
 THOMAS SMITH, 
 WILLIAM H. GREY, 
 JAMES T. WHITE. 
 
 Pike and Polk Counties. 
 ELIJAH KELLY.* 
 
 [^Poinsett County, joined with Cross.] 
 
 * Not present. 
 
 [^Polk County, joined with Pike.] 
 
 Pope County. 
 WALTER W. BR ASHE AR. 
 
 Prairie County. 
 ROBERT S. GANTT, 
 WILLIAM F. HICKS. 
 
 Pulaski County. 
 JAMES L. HODGES, 
 JAMES HINDS, 
 HENRY RECTOR, 
 THOMAS P. JOHNSON. 
 
 Randolph County. 
 HAM. W. RATCLIFFE. 
 
 St. Francis County. 
 DANIEL COATES. 
 
 Saline County. 
 JAMES H. SHOPPACH. 
 
 Scott County. 
 CHARLES H. OLIVER. 
 
 ISearcy County, joined with Fulton.] 
 
 Sebastian County. 
 MOSES BELL. 
 
 Sevier County. 
 JOSEPH H. CORBELL. 
 
 Union County. 
 R. C. VAN HOOK, 
 IRA L. WILSON. 
 
 Van Buren County. 
 JESSE MILLSAPS. 
 
 Washington County. 
 CHARLES W. WALKER, 
 JAMES M. HOGE. 
 
 White County. 
 J. N. CYPERT, 
 THOMAS OWEN. 
 
 Woodruff County. 
 W. H. GRAY.* 
 
 Yell County. 
 FRANKLIN M. ROUNSAVILLE. 
 
Officers of the Convention. 
 
 President, . 
 
 Vice-Presidents, 
 
 Secretary, 
 
 Assistant Secretaries, . 
 
 Chaplain, 
 
 Sergeant-at-Arms, . . 
 
 Assistant Sergeants- ) 
 at-Arms, ) 
 
 Doorkeeper, . . . . 
 
 Assistant Boorieepers, . 
 
 THOMAS M. BOWESr, of Crawford County. 
 
 JAMES L. HODGES, of Pulaski County. 
 
 0. P. SNYDER, of Jefferson County. 
 
 JOHN M. McCLURE, of Arkansas County. 
 
 GEORGE S. SCOTT, of Little River Co. 
 
 JOSEPH BROOKS, of Phillips County. 
 
 WALTER W. BRASHEAR, of Pope County. 
 
 John G. Price, of Pulaski County. 
 
 Hekbt St. John, of Bradley County. F. E. Weight, of Phillips County. 
 
 Rev. Moses F. Hyde, of Independence County. 
 
 Chakles Schaeeff, of Pulaski County. 
 
 D. P. Beldin, of Hot Spring County. J. H. Kiekham, of Pike County. 
 
 Hekey D. Sevier, of Conway County. 
 
 E. A. Robinson, of Searcy County. John Aqee, of Pulaski County. 
 A. S. MusTAiN, of Prairie County. 
 
 Standing Committees op the Convention. 
 
 Committee on the Constitution, its Arrangement and Phraseology. 
 Messrs. Hodges, of Pulaski, Walker, Sims, 
 
 Brooks, Portis, Sarber. 
 
 McClure, 
 
 Committee on Preamble and Bill of Rights. 
 Messrs. Brooks, Priddy, Langley, 
 
 Coates, Van Hook, Harrison. 
 
 Hawkins, 
 
 Committee on Legislative Department. 
 
 Messrs. Sims, 
 
 Corbell, 
 
 Brashear, 
 
 Hutchinson, 
 
 Wyatt, 
 
 Committee on the Executive. 
 
 Evans, 
 Pickett. 
 
 Messrs. Snyder, 
 Sims, 
 
 Johnson, 
 
 Kelly, 
 
 Matthews, 
 
 Committee on Boundaries. 
 
 Wilson, 
 McClure. 
 
 Messrs. Bradley, 
 Beasley, 
 
 Wyatt, 
 
 Wilson, 
 
 Gray, of Woodruff, 
 
 Kounsaville, 
 Grey, of Phillips 
 
 ( xxxix ) 
 
xl STANDING COMMITTEES OF 
 
 Committee on the Judiciary. 
 Messrs. Montgomery, McClure, Sims, 
 
 Snyder, Sams, Hinds. 
 
 McCown, 
 
 Committee on State Officers other than Executive. 
 Messrs. Brashear, Duvall, Matthews, 
 
 Brooks, Williams, Hodges, of Pulaski. 
 
 Sims, 
 
 Committee on Organization of Government of Cities and Villages. 
 Messrs. Grey, of Phillips, Samuels, Mallory, 
 
 Johnson, Cypert, Corbell. 
 
 AUen, 
 
 Committee on Salaries. 
 Messrs. Mallory, Hutchinson, Sims, 
 
 McClure, Misner, Gray, of Jefferson. 
 
 Committee on Counties and Townships. 
 Messrs. Oliver, Hawkins, Hinkle, 
 
 Millsaps, Langley, Houghton. 
 
 Bell, 
 
 Committee on Elective Franchise. 
 Messrs. Hinds, Exon, Cypert, 
 
 Hutchinson, Grey, of Phillips, Brashear. 
 
 Committee on Finance, Taxation, Public Debt, and Expenditures.. 
 Messrs. McClure, Sarber, Poole, 
 
 Hodges, of Pulaski, Montgomery, Sims. 
 
 Scott, 
 
 Committee on Education. 
 Messrs. Hutchinson, Grey, of Phillips, Brooks, 
 
 Mason, ' Dale, Gray, of Jefferson. 
 
 Smith, 
 
 Committee on Banking, and Corporations other than Municipal. 
 
 Messrs. McCown, Hatfield, . Houghton, 
 
 Sarber, Hodges, of Crittenden, Williams. 
 
 Committee on Exemption of Real and Personal Estate. 
 Messrs. Beasley, Montgomery, Owen, 
 
 Murphy, Rounsaville, McCown. 
 
 Beldin, 
 
 Committee on Amending and Revising Constitution. 
 Messrs. Kyle, Wyatt, Snyder, 
 
 Reynolds, Williams, Brashear. 
 
 Gray, of Jefferson, 
 
 Committee on Internal Improvements. 
 Messrs. Smith, Bell, Brashear, 
 
 Oliver, Portis, Misner. 
 
 Sarber, 
 
THE CONVENTION. 
 
 xli 
 
 Committee on Impeachment, and Removal from Office. 
 
 Messrs. Evans, 
 
 Shoppach, 
 
 Puntney, 
 
 Rawlings, 
 
 White, 
 
 Committee on Miscellaneous Provisions. 
 
 Priddy, 
 Gantt. 
 
 Messrs. Scott, 
 Allen, 
 
 Coates, 
 
 Mallory, 
 
 Ratcliffe, 
 
 Committee on Schedule. 
 
 Evans, 
 White. 
 
 Messrs. Matthews, 
 Hicks, 
 
 Rounsaville, 
 
 Puntney, 
 
 Hinds, 
 
 Committee on Printing. 
 
 Gantt, 
 Rector. 
 
 Messrs. McClure, 
 Sarber, 
 
 Sims, 
 Coates, 
 
 Committee on Supplies. 
 
 Hodges, of Pulaski, 
 Van Hook. 
 
 Messrs. Sams, 
 
 Bradley, 
 
 Hawkins, 
 
 Mason, 
 
 Wright, 
 
 Committee on Etectiorfs. 
 
 Harrison, 
 
 Hodges, of Crittenden. 
 
 Messrs. Sarber, 
 Mallory, 
 
 Hinds, 
 
 Hatfield, 
 
 Dale, 
 
 Hutchinson, 
 Gantt. 
 
 Committee on Apportionment. 
 
 Messrs. Sarber, 
 McClure, 
 
 Hinds, 
 
 Hodges, of Pulaski, 
 
 Snyder. 
 
 Messrs. Poole, 
 Coates, 
 
 Committee on Engrossment. 
 Bradley, 
 Hoge, 
 
 Committee on Memorials and Ordinances. 
 
 Evans, 
 
 Hodges, of Pulaski. 
 
 Messrs. Hinds, 
 Beasley, 
 
 Rawlings, 
 Snyder, 
 
 Kyle, 
 HolUs. 
 
 Committee on Federal Relations. 
 Messrs. Hodges, of Crittenden, Snyder, 
 
 Hutchinson, Hodges, of Pulaski, 
 
 Cypert, 
 
 Messrs. Cypert, 
 
 Messrs. Hodges, of Pulaski, 
 
 Messrs. Brooks, 
 
 Committee on Revising Journal. 
 Brooks, 
 
 Committee on Ratijication. 
 Smith, 
 
 Committee on Correspondence. 
 Sims, 
 
 Murphy, 
 Scott. 
 
 Beasley. 
 
 Hutchinson. 
 
 Hodges, of Crittenden. 
 
EECONSTIiUCTION ACTS OF CONGRESS. 
 
 To PROVIDE rOR THE MORE EFFICIENT GOVERNMENT OF THE ReBEL StATES. 
 
 Whereas no legal State Governments or adequate protection for life or prop- 
 erty now exists in the rebel States of Virginia, North Carolina, South Carolina, 
 Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas ; and 
 whereas it is necessary that peace and good order should be enforced in said 
 States until loyal and republican State governments can be legally established : 
 Therefore — 
 
 Be it enacted by the Senate and Mouse of Representatives of the United States of 
 America in Congress assembled, That said rebel States shall be divided into mili- 
 tary districts and made subject to the military authority of the United States 
 as hereinafter prescribed ; and for that purpose Virginia shall constitute the 
 first district ; North Cai'olina and South Carolina the second district ; Georgia, 
 Alabama, and Florida the third district ; Mississippi and Arkansas the fourth 
 district ; and Louisiana and Texas the fifth district. 
 
 Sec. 2. And be it further enacted, That it shall be the duty of the President to 
 assign to the command of each of said districts an officer of the army not below 
 the rank of brigadier general, and to detail a sufficient military force to enable 
 such officer to perform his duties and enforce his authority within the district' 
 to which he is assigned. 
 
 Sec. 3. And be it further enacted. That it shall be the duty of each officer as- 
 signed as aforesaid to protect all persons in their rights of person and property, 
 to suppress insurrection, disorder, and violence, and to punish, or cause to be 
 punished, all disturbers of the public peace and criminals, and to this end he 
 may allow local civil tribunals to take jurisdiction of and to try offenders, or, 
 when in his judgment it may be necessary for the trial of offenders, he shall 
 have power to organize military commissions or tribunals for that purpose, and 
 all interference, under color of State authority, with the exercise of military 
 authority under this act, shall be null and void. 
 
 ( xliii ) 
 
xliv DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 Sec. 4. And he it further enacted, That all persons put under military arrest 
 by virtue of this act shall be tried without unnecessary delay, and no cruel or 
 unusual punishment shall be inflicted ; and no sentence of any military commis- 
 sion or tribunal hereby authorized, affecting the life or liberty of any person, 
 shall be executed until it is approved by the officer in command of the district, 
 and tlie laws and regulations for the government of the army shall not be 
 affected by this act, except in so far as they conflict with its provisions : 
 Provided, That no sentence of death, under the provisions of this act, shall be 
 carried into effect without the approval of the President. 
 
 Sec. 5. And he it further enacted, That when the people of any one of said 
 rebel States shall have formed a constitution of government in conformity with 
 the Constitution of the United States in all respects, framed by a convention 
 of delegates elected by the male citizens of said State twenty-one years old and 
 upward, of whatever race, color, or previous condition, who have been resident 
 in said State for one year previous to the day of such election, except such as 
 may be disfranchised for participation in the rebellion, or for felony at common 
 law ; and when such constitutioa shall provide that the elective franchise shall 
 be enjoyed by all such persons as have the qualifications herein stated for 
 electors of delegates; and when such constitution shall be ratified by a ma- 
 jority of the persons voting on the question of ratification who are qualified as 
 electors for delegates ; and when such constitution shall have been submitted to 
 Congress for examination and approval, and Congress shall have approved the 
 same ; and when said State, by a vote of its legislature elected under said con- 
 stitution, shall have adopted the amendment to the Constitution of the United 
 States proposed by the Thirty-ninth Congress, and known as article fourteen ; 
 and when said article shall have become a part of the Constitution of the United 
 States, said State shall be declared entitled to representation in Congress, and 
 senators and representatives shall be admitted therefrom on their taking the 
 oath prescribed by law ; and then and thereafter the preceding sections of this 
 act shall be inoperative in said State : Provided, That no person excluded from 
 the privilege of holding office by said proposed amendment to the Constitution 
 of the United States shall be eligible to election as a member of the convention 
 to frame a constitution for any of said rebel States, nor shall any such person 
 vote for members of such convention. 
 
 Sec. 6. And he it further enacted. That until the people of said rebel States 
 shall be by law admitted to representation in the Congress of the United States, 
 any civil government which may exist therein shall be deemed provisional only, 
 and in all respects subject to the paramount authority of the United States at 
 any time to abolish, modify, control or supersede the same ; and in all elections 
 to any office under such provisional governments all persons shall be entitled to 
 vote, and none others, who are entitled to vote under the fifth section of this 
 act ; and no person shall be eligible to any office under any such provisional gov- 
 ernments who would be disqualified from holding office under the provisions of 
 the third article of said constitutional amendment. 
 
 [Returned, by the President, to the House of Representatives, with his objec- 
 tions, and PASSED, two-thirds of each House agreeing, March 2d, 1867.] 
 
RECONSTEUCTION ACTS OF CONGEESS. xlv 
 
 Supplementary to an act entitled "An act to provide foe the moke 
 
 EFFICIENT GOVERNMENT OF THE ReBEL StATES," PASSED MaRCH SECOND, 
 EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND TO FACILITATE RESTORATION. 
 
 He it enacted hy the Senate and House of Representatives of the United States of 
 America in Congress assembled, That before the first day of September, eighteen 
 hundred and sixty-seven, the commanding general in each district defined by 
 an act entitled "An act to provide for the more efficient government of the 
 rebel States," passed March second, eighteen hundred and sixty-seven, shall 
 cause a registration to be made of the male citizens of the United States, 
 twenty-one years of age and upwards, resident in each county or parish in the 
 State or States included in his district, which registration shall include only 
 those persons who are qualified to vote for delegates by the act aforesaid, and 
 who shall have taken and subscribed the following oath or affirmation : " I, 
 
 , do solemnly swear, (or affirm,) in the presence of Almighty God, that 
 
 I am a citizen of the State of ; that I have resided in said State for 
 
 months next preceding this day, and now reside in the connty of . or 
 
 the parish of , in said State, (as the case may be ;) that I am twenty 
 
 one years old ; that I have not been disfranchised for participation in any re 
 bellion or civil war against the United States, nor for felony committed against 
 the laws of any State or of the United States ; tliat I have never been a mem- 
 ber of any State legislature, nor held any executive or judicial office in any 
 State and afterwards engaged in insurrection or rebellion against the United 
 States, or given aid or comfort to the enemies thereof; that I have never taken 
 an oath as a member of Congress of the United States, or as an officer of the 
 United States, or as a member of any State legislature, or as an executive or 
 judicial officer of any State, to support the Constitution of the United States, 
 and afterwards engaged in insurrection or rebellion against the United States, 
 or given aid or comfort to the, enemies thereof; that I will faithfully support 
 the Constitution and obey the laws of the United States, and will, to the best 
 of my ability, encourage others so to do: So help me God;" which oath or 
 affirmation may be administered by any registering officer. 
 
 Sec. 2. And be it further enacted, That after the completion of the registra- 
 tion hereby provided for in any State, at such times and places therein as the 
 commanding general shall appoint and direct, of which at least thirty days' 
 public notice shall be given, an election shall be held of delegates to a conven- 
 tion for the purpose of establishing a constitution and civil government for 
 such State loyal to the Union, said convention in each State, except Virginia, 
 to consist of the same number of members as the most numerous branch of 
 the State Legislature of such State in the year eighteen hundred and sixty, to 
 be apportioned among the several districts, counties, or parishes of such State 
 by the commanding general, giving to each representation in the ratio of voters 
 registered as aforesaid as nearly as may be. The convention in Virginia shall 
 consist of the same number of members as represented the territory now con- 
 stituting Virginia in the most numerous branch of the Legislature of said State 
 in the year eighteen hundred and sixty, to be apportioned as aforesaid. 
 
xlvi DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 Sec. 3. And be it further enacted, That at said election the registered voters 
 of each State shall vote for or against a convention to form a constitution there- 
 for under this act. Those voting in favor of such a convention shall have writ- 
 ten or printed on the ballots by which they vote for delegates, as aforesaid, the 
 words " For a convention," and those voting against such a convention shall 
 have written or printed on such ballots the words "Against a convention." 
 The persons appointed to superintend said election, and to make return of the 
 votes given thereat, as herein provided, shall count and make return of the 
 votes given for and against a convention ; and the commanding general to whom 
 the same shall have been returned shall ascertain and declare the total vote in 
 each State for and against a convention. If a majority of the votes given on 
 that question shall be for a convention, then such convention shall be held as 
 hereinafter provided ; but if a majority of said votes shall be against a conven- 
 tion, then no such convention shall be held under this act : Provided, That 
 such convention shall not be held unless a majority of all such registered voters 
 shall have voted on the questions of holding such convention. 
 
 Sec. 4. And he it further enacted. That the commanding general of each dis- 
 trict shall appoint as many boards of registration as may be necessary, con- 
 sisting of three loyal officers or persons, to make and complete the registra- 
 tion, superintend the election, and make return to him of the votes, list of 
 voters, and of the persons elected as delegates by a plurality of the votes cast 
 at said election ; and upon receiving said returns he shall open the same, ascer- 
 tain the persons elected as delegates, according to the returns of the officers 
 who conducted said election, and make proclamation thereof; and if a majority 
 of the votes given on that question shall be for a convention, the commanding 
 general, within sixty days from the date of election, shall notify the delegates 
 to assemble in convention, at a time and place to be mentioned in the notifica- 
 tion, and said convention, when organized, shall proceed to frame a constitu- 
 tion and civil government according to the provisions of this act, and the act 
 to which it is supplementary ; and when the same shall have been so framed, 
 said constitution shall be submitted by the convention for ratification -to the 
 persons registered under the provisions of this act at an election to be con- 
 ducted by the officers or persons appointed, or to be appointed by the com- 
 manding general, as hereinbefore provided, and to be held after the expii-ation 
 of thirty days from the date of notice thereof, to be given by said convention ; 
 and the returns thereof shall be made to the commanding general of the dis- 
 trict. 
 
 Sec. 5. And be it further enacted. That if, according to said returns, the con- 
 stitution shall be ratified by a majority of the votes of the registered electors 
 qualified as herein specified, cast at said election, at least one-half of all the 
 registered voters voting upon the question of such ratification, the president 
 of the convention shall transmit a copy of the same, duly certified, to the 
 President of the United States, who shall forthwith transmit the same to Con- 
 gress, if then in session, and if not in session, then immediately upon its next 
 assembling ; and if it shall moreover appear to Congress that the election was 
 one at which all the registered and qualified electors in the State had an 
 opportunity to vote freely, and without restraint, fear, or the influence of 
 fraud, and if the Congress shall be satisfied that such constitution meets the 
 
RECONSTRUCTION ACTS OF CONGRESS. xlvii 
 
 approval of a majority of all the qualified electors in the State, and if the said 
 constitution shall be declared by Congress to be in conformity with the pro- 
 visions of the act to which this is supplementary, and the other provisions of 
 said act shall have been complied with, and the said constitution shall be 
 approved by Congress, the State shall be declared entitled to representation, 
 and Senators and Representatives shall be admitted therefrom as therein pro- 
 vided. 
 
 Sec. 6. Andle it further enacted, That all elections in the States mentioned 
 in the said " Act to provide for the more efficient government of the rebel 
 States," shall, during the operation of said act, be by ballot; and all officers 
 making the said registration of voters, and conducting said elections, shall, 
 before entering upon the discharge of their duties, take and subscribe the oath 
 prescribed by the act approved July second, eighteen hundred and sixty-two, 
 entitled " An act to prescribe an oath of office : " Provided, That if any person 
 shall knowingly and falsely take and subscribe any oath in this act prescribed, 
 such person so offending, and being thereof duly convicted, shall be subject to 
 the pains, penalties, and disabilities which by law are provided for the punish- 
 ment of the crime of wilful and corrupt perjury. 
 
 Sec. 7. And be it further enacted. That all expenses incurred by the several 
 commanding generals, or by virtue of any orders issued, or appointments 
 made by them, under or by virtue of this act, shall be paid out of any moneys 
 in the Treasury not otherwise appropriated. 
 
 Sec. 8. And he it further enacted, That the convention for each State shall 
 prescribe the fees, salary, and compensation to be paid to all delegates and 
 other officers and agents herein authorized or necessary to carry into effect 
 the purposes of this act, not herein otherwise provided for, and shall provide 
 for the levy and collection of such taxes on the property in such State as may 
 be necessary to pay the same. 
 
 Sec. 9. And he it further enacted, That the word " article," in the sixth sec- 
 tion of the act to which this is supplementary, shall be construed to mean 
 " section." 
 
 [Returned, by the President, to the House of Representatives, with his ob- 
 jections, and PASSED, two-thirds of each House agreeing, March 23d, 1867.] 
 
 SUPPLEMENTAEY TO AN ACT ENTITLED " An ACT TO PROVIDE FOR THE MORE 
 EFFICIENT GOVERNMENT OF THE RbBEL StATES," PASSED ON THE SECOND 
 
 DAY OF March, eighteen hundred and sixty-seven, and the act 
 
 SUPPLEMENTARY THERETO, PASSED ON THE TWENTY-THIRD DAY OF MaRCH, 
 eighteen hundred and SIXTY-SEVEN. 
 
 Be it enacted hy the Senate and House of Representatives of the United States 
 of America in Congress assemhled. That it is hereby declared to have been the 
 true intent and meaning of the act of the second day of March, one thousand 
 eight hundred and sixty-seven, entitled "An act to provide for the more 
 efficient government of the rebel States," and of the act supplementary 
 
xlviii DOCUMENTARY HISTOEY OF THE CONSTITUTION. 
 
 thereto, passed on the twenty-third day of March, in the year one thousand 
 eight hundred and sixty-seven, that the governments then existing in the 
 rebel States of Virginia, North CaroHna, South CaroHna, Georgia, Mississippi, 
 Alabama, Louisiana, Florida, Texas, and Arkansas, were not legal State gov- 
 ernments ; and that thereafter said governments, if continued, were to be con- 
 tinued subject in all respects to the military commanders of the respective 
 districts, and to the paramount authority of Congress. 
 
 Sec. 2. And be it further enacted. That the commander of any district named 
 in said act shall have power, subject to the disapproval of the General of the 
 army of the United States, and to have effect till disapproved, whenever in 
 the opinion of such commander the proper administration of said act shall 
 require it, to suspend or remove from office, or from the performance of official 
 duties and the exercise of official powers, any officer or person holding or exer- 
 cising, or professing to hold or exercise, any civil or military office or duty in 
 such district under any power, election, appointment, or authority derived 
 from, or granted by, or claimed under, any so-called State or the government 
 thereof, or any municipal or other division thereof; and upon such suspension 
 or removal such commander, subject to the disapproval of the General as afore- 
 said, shall have power to provide from time to time for the performance of the 
 said duties of such officer or person so suspended or removed, by the detail' of 
 some competent officer or soldier of the army, or by the appointment of some 
 other person, to perform the same, and to fill vacancies occasioned by death, 
 resignation, or otherwise. 
 
 Sec. 3. And be it further enacted, That the General of the army of the United 
 Sta;tes shall be invested with all the powers of suspension, removal, appoint- 
 ment, and detail granted in the preceding section to district commanders. 
 
 Sec. 4. And be it further enacted, That the acts of the officers of the army 
 already done in removing in said districts, persons exercising the functions of 
 civil officers, and appointing others in their stead, are hereby confirmed: 
 Provided, That any person heretofore or hereafter appointed by any district 
 commander to exercise the functions of any civil office, may be removed either 
 by the military officer in command of the district, qt by the General of the 
 army. And it shall be the duty of such commander to remove from office as 
 aforesaid all persons who are disloyal to the government of the United States, 
 or who use their official influence in any manner to hinder, delay, prevent, or 
 obstruct the due and proper administration of this act and the acts to which it 
 is supplementary. 
 
 Sec. 5. And be it further enacted. That the boards of registration provided for 
 in the act entitled " An act supplementary to an act entitled ' An act to pro- 
 vide for the more efficient government of the rebel States,' passed March two, 
 eighteen hundred and sixty-seven, and to facilitate restoration," passed March 
 twenty-three, eighteen hundred and sixty-seven, shall have power, and it shall 
 be their duty before allowing the registration of any person, to ascertain, upon 
 such facts or information as they can obtain, whether such person is entitled 
 to be registered under said act, and the oath required by said act shall not be 
 conclusive on such question, and no person shall be registered unless such board 
 shall decide that he is entitled thereto ; and such board shall also have power 
 to examine, under oath, (to be administered by any member of such board,) 
 
RECONSTRUCTION ACTS OF CONGRESS. xlix 
 
 any one touching the qualification of any person claiming registration ; but in 
 every case of a refusal by the board to register an applicant, and in every case 
 of striking his name from the list as hereinafter provided, the board shall make 
 a note or memorandum, which shall be returned with the registration list to 
 the commanding general of the district, setting forth the grounds of such 
 refusal or such striking from the list : Provided, That no person shall be dis- 
 qualified as member of any board of registration by reason of race or color. 
 
 Sec. 6. And le it further enacted. That the true intent and meaning of the 
 oath prescribed in said supplementary act is, (among other things,) that no 
 person who has been a member of the Legislature of any State, or who has held 
 any executive or judicial ofiice in any State, whether he has taken an oath to 
 support the Constitution of the United States or not, and whether he was hold- 
 ing such office at the commencement of the rebellion, or had held it before, and 
 who has afterwards engaged in insurrection or rebellion against the United 
 States, or given aid or comfort to the enemies thereof, is entitled to be regis- 
 tered or to vote ; and the words " executive or judicial office in any State," in 
 said oath mentioned shall be construed to include all civil offices created by 
 law for the administration of any general law of a State, or for the administra- 
 tion of justice. 
 
 Sec. 7. And be it further enacted. That the time for completing the original 
 registration provided for in said act may, in the discretion of the commander 
 of any district, be extended to the first day of October, eighteen hundred and 
 sixty-seven ; and the boards of registration shall have power, and it shall be 
 their duty, commencing fourteen days prior to any election under said act, and 
 upon reasonable public notice of the time and place thereof, to revise, for a 
 period of five days, the registration lists, and upon being satisfied that any 
 person not entitled thereto has been registered, to strike the name of such 
 person from the list, and such person shall not be allowed to vote. And such 
 board shall also, during the same period, add to such registry the names of all 
 persons who at that time possess the qualifications required by said act who 
 have not been already registered ; and no person shall, at any time, be entitled 
 to be registered or to vote by reason of any executive pardon or amnesty for 
 any act or thing which, without such pardon ot amnesty, would disquahfy 
 him for registration or voting. 
 
 Sec. 8. And be it further enacted. That section four of said last-named act 
 shall be construed to authorize the commanding general named therein, when- 
 ever he shall deem it needful, to remove any member of a board of registration 
 and to appoint another in his stead, and to fill any vacancy in such board. 
 
 Sec. 9. And be it further enacted. That all members of said boards of regis- 
 tration and all persons hereafter elected or appointed to office in said military 
 districts, under any so-called State or municipal authority, or by detail or ap- 
 pointment of the district commanders, shall be required to take and to sub- 
 scribe the oath of office prescribed by law for officers of the United 'States. 
 
 Sec. 10. And be it further enacted. That no district commander or member 
 of the board of registration, or any of the officers or appointees acting under 
 them, shall be bound in his action by any opinion of any civil officer of the 
 United States. 
 
 Sec. 11. And be it further enacted, That all the provisions of this act and of 
 
1 DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 the acts to which this is supplementary shall be construed liberally,- to the end 
 that all the intents thereof may be fully and perfectly carried out. 
 
 [Returned, by the President, to the House of Representatives, and passed, 
 two-thirds of each House agreeing, July 19th, 1867.] 
 
 [The following Act of Congress was not passed until after the adjournment 
 of the Constitutional Convention of Arkansas, and just preceding the election 
 for ratification of the Constitution. For convenience of reference, it is here 
 inserted with the other Reconstruction Acts.] 
 
 To AMEND THE ACT PASSED MaECH TWENTY-THIED, EIGHTEEN HUNDEED AND 
 SIXTY-SEVEN, ENTITLED " An ACT SUPPLEMENTARY TO ' An ACT TO PEOVIDE 
 FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL StATES,' PASSED 
 
 March second, eighteen hundred and sixty-seven, and to facilitate 
 
 THEIR EESTOEATION." 
 
 Be it enacted ly the Senate and House of Representatives of the United States 
 of America in Congress assembled, That hereafter any election authorized by the 
 act passed March twenty-three, eighteen hundred and sixty-seven, entitled 
 " An act supplementary to ' An act to provide for the more efficient govern- 
 ment of the rebel States,' passed March two, [second,] eighteen hundred and 
 sixty-seven, and to facilitate their restoration," shall be decided by a majority 
 of the votes actually cast ; and at the election in which the .question of the 
 adoption or rejection of any constitution is submitted, any person duly regis- 
 tered in the State may vote in the election district where he offers to vote 
 when he has resided therein for ten days next preceding such election, upon 
 presentation of his certificate of registration, his affidavit, or other satisfactory 
 evidence, under such regulations as the district commanders may prescribe. 
 
 Sec. 2. And be it further enacted, That the constitutional convention of any 
 of the States mentioned in the acts to which this is amendatory may provide 
 that at the time of voting upon the ratification of the constitution the registered 
 voters may vote also for members of the House of Representatives of the 
 United States, and for all elective officers provided for by the said constitu- 
 tion ; and the same election officers who shall make the return of the votes cast 
 on the ratification or rejection of the constitution, shall enumerate and certify 
 the votes cast for members of Congress. 
 
 Schuyler Colfax, 
 Speaker of the House of Representatives. 
 
 B. F. Wade, 
 President of the Senate pro tempore. 
 
 [Passed February 27th,' 1868, and not being returned by the President 
 within ten days, became a law without his approval.] 
 
MILITARY OEDERS. 
 
 ORDERS 
 
 FKOM HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 PROVIDING FOR THE ELECTION AND ASSEMBLY OF THE 
 CONSTITUTIONAL CONVENTION. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 OiTiCE OF Civil Affairs, 
 
 ViCKSBUKG, Miss., September 26th, 1867. 
 
 General Orders 
 No. 31. 
 
 I. The registration of the legal voters in this Military District having been 
 completed, in compliance with the provisions of the Act of Congress, entitled 
 " An Act to provide for the more efficient government of the rebel States," and 
 the Acts supplementary thereto, an election is hereby ordered to be held in the 
 States composing the same, commencing on the first Tuesday in November 
 next, and continuing as hereinafter prescribed, until completed, to determine 
 whether conventions shall be held, "for the purpose of establishing constitu- 
 tions and civil governments for the States loyal to the Union," and, in case a 
 majority of the votes cast are in favor thereof, for delegates thereto. 
 
 II. In order to secure as nearly as possible a full expression of the voice of 
 the people, the election will be held at each precinct of every county of the 
 States in the District and — as required by law — under the supervision of the 
 County Boards of registration. The method of conducting the election in each 
 county will be as follows : Immediately upon receipt of this order each Board 
 of registrars will meet — divide the whole number of election precincts of their 
 respective counties into three portions as nearly equal in number as possible, 
 and assign one of the shares thus made to each registrar, who will be responsi- 
 ble for the proper conduct of the election therein. Thereupon each registrar 
 will appoint a judge and clerk of election, who, with himself, will constitute 
 the " Commissioners of election," for the precincts of his district. Each regis- 
 trar will provide himself with a ballot-box, with lock and key and of sufficient 
 size to contain the votes of all the registered voters in his largest precinct. 
 
lii DOCUMENTAEY HISTORY OF THE CONSTITUTION. 
 
 Each registrar will give full and timely notice throughout his district, of the 
 day of election in each precinct, so that he, with his judge and clerk, can pro- 
 ceed from precinct to precinct of his district, and hold election on consecutive 
 days — when the distance between precincts will permit — with a view to the 
 early completion of the voting. The election will be by ballot, and will be 
 conducted in all details, not herein prescribed, according to the customs hereto- 
 fore in use in the respective States. Each ballot will have written or printed 
 upon it : " For a Convention " or " Against a Convention,'' and in addition the 
 correct name (or names) of the delegate (or delegates) voted for. Each voter, 
 in oifering his ballot must exhibit his certificate of registry, across the face of 
 which the clerk of election will write his name in red ink, to indicate that a 
 vote has been cast upon that certificate — at the same time the registrar will 
 check off the voter's name on the precinct book, serving as the " poll book." 
 The polls will be opened at 10 o'clock a.m., at each precinct, and will be kept 
 continuously open until sunset, at which time the polls will be closed, the ballot- 
 box opened, votes counted by the Commissioners and a written return thereof, 
 under oath of the Commissioners, immediately made to these Headquarters, in 
 duphcate. The votes cast will then be securely enclosed and forwarded by 
 mail to the Assistant Adjutant General at these headquarters, with a letter of 
 transmittal, setting forth the number of votes cast for and the number against 
 a convention, which letter will be witnessed by the deputy sheriff present in 
 accordance with the requirements of paragraph V of this order. (Special in- 
 structions will be given hereafter with regard to the voting of some of the 
 more populous precincts, in which it would be difficult to take the entire vote 
 by the above method in one day.) 
 
 III. Judges and clerks of election will be selected by registrars, preferably 
 from among the residents of their respective districts, but if they cannot be 
 obtained therein, competent and qualified under the law, then from among the 
 residents of the county, and if not attainable in the county, then from the State 
 at large ; they are required to take and subscribe to the oath of office, pre- 
 scribed by the Act of Congress of July 2d, 1862, which oath may be adminis- 
 tered by the registrar. The- oaths, properly subscribed, will "be forwarded 
 immediately for file in the office of the Assistant Adjutant Greneral at these 
 Headquarters. 
 
 The pay of these officers will be six dollars (|6) per diem, for each day they 
 are actually employed on their legitimate duty, and their actual expenses of 
 transportation within their district will be reimbursed. 
 
 IV. Commencing fourteen days before the election. Boards of registrars 
 will, after having given reasonable public notice of the time and place thereof, 
 revise, for a period of five days, the registration lists, and, upon being satisfied 
 that any person not entitled thereto has been registered, will strike the name 
 of such person from the list, and such person shall not be allowed to vote. The 
 Boards will also during the same period, add to the registry the names of all 
 persons, who at that time possess the qualifications required by law, and who 
 have not been already registered. All changes made in the lists of registered 
 voters, will be immediately reported to these Headquarters. 
 
MILITARY ORDERS. liii 
 
 V. The Sheriff of each county is made responsible for the preservation of 
 good order, and the perfect freedom of the ballot at the various election pre- 
 cincts in his county. To this end he will appoint a deputy — who shall be duly 
 qualified under the laws of his State — for each precinct in the county, who will 
 be required to be present at the place of voting during the whole time the elec- 
 tion is being held. The said deputies will promptly and fully obey every de- 
 mand, made upon their official services by the Commissioners of Election, in 
 furtherance of good order during the election, under penalty of immediate arrest 
 and trial by Military Commission. Sheriffs, in making their appointments, will 
 exercise great care to select men whom they know to be in every way able to 
 serve. The persons thus elected are required to accept ; no excuse will be taken 
 for failure to serve. 
 
 VI. As an additional measure for securing the purity of the election, each 
 registrar, judge and clerk, is hereby clothed with all the functions of a civil 
 executive officer, is empowered to make arrests, and authorized to perform all 
 duties appertaining to such officers under the laws of the States, during the days 
 of election. 
 
 VII. At every precinct during the election, all public bar-rooms, saloons or 
 other places at which intoxicating or malt liquor is sold at retail, will be closed 
 from 5 o'clock A. M. until 10 o'clock p. m. Should any infraction of this order 
 in this respect, come to the knowledge of the Commissioners of Election, or the 
 deputy sheriff in attendance, they will immediately cause the arrest of the 
 offending party, or parties, and the closing of his, or their, place of business. 
 All parties so arrested will be placed under bonds, of not less than one hundred 
 dollars ($100), to appear for trial when required by proper authority, or in case 
 of failure to give the required bond, will be held in arrest to await the action of 
 the General Commanding. 
 
 VIII. Should violence or fraud be perpetrated at the election in any precinct, 
 the General Commanding will exercise to the fullest extent the powers vested 
 in him for the prompt punishment of offenders, and the election will be held 
 over again under the protection of United States troops. 
 
 IX. No registrar, judge or clerk will be permitted to become a candidate for 
 office at the election for which he serves as Commissioner. 
 
 X. When the election returns are received from all the counties, the result 
 of the election will be made known, and in case the majority of the legal votes 
 cast are in favor of a Convention, the names of the delegates elected thereto 
 will be officially announced, and further orders published assembling the Con- 
 vention. 
 
 XI. [The first portion of this paragraph relates to the apportionment of del- 
 ■atos in the State of Mississinni.l 
 
 egates in the State of Mississippi.] 
 
liv 
 
 DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 The number of delegates to be voted for in the State of Arkansas is seventy- 
 five, apportioned among the counties as follows : 
 
 To the counties of Pulaski, JefiFerson and Phillips, each- 
 
 -four. 
 
 To the county of Hempstead — three. 
 
 
 
 To the counties of 
 
 
 
 
 Washington, 
 
 Lafayette, 
 
 Clark, 
 
 Ouachita, 
 
 Columbia, 
 
 Union, 
 
 Drew, 
 
 Ashley, 
 
 Arkansas, 
 
 Prairie, 
 
 White, 
 
 Independence 
 
 To the counties of 
 
 
 
 
 Benton, 
 
 Crawford, 
 
 Sebastian, 
 
 Sevier, 
 
 Little Kiver, 
 
 Yell, 
 
 Scott, 
 
 Franklin, 
 
 Madison, 
 
 Carroll, 
 
 Johnson, 
 
 Pope, 
 
 Conway, 
 
 Van Buren, 
 
 Izard, 
 
 Saline, 
 
 Hot Springs, 
 
 Dallas, 
 
 Calhoun, 
 
 Bradley, 
 
 Chicot, 
 
 Desha, 
 
 Monroe, 
 
 Woodruff, 
 
 St. Francis, 
 
 Crittenden, 
 
 Greene, 
 
 Kandolph, 
 
 Lawrence, 
 
 Jackson, 
 
 
 
 two each. 
 
 To the counties of Polk and Pike, together — one. 
 
 To the counties of Montgomery and Perry, together — one. 
 
 To the counties of Newton and Marion, together — one. 
 
 To the counties of Fulton and Searcy, together — one. 
 
 To the counties of Poinsett and Cross, together — one. 
 
 To the counties of Mississippi and Craighead, together — one. 
 
 By command of Brevet Major General Oed. 
 
 >■ one each. 
 
 O. D. Greene, 
 
 Assistant Adjutant General. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 Office or Civil Affaies, 
 
 ViCKSEDKG, Miss., October 2d, 1867. 
 CiRCULAE i 
 No. 18. \ 
 
 The following modifications of the method of conducting the ensuing elec- 
 tion, as promulgated in General Orders No. 31, current series, from these 
 Headquarters, are adopted and published to the Boards of Registrars con- 
 cerned, for their guidance in the election at the following precincts, to wit : 
 [Here follows a list of precincts in the State of Mississippi] Little Rock, 
 Pulaski County, Helena, Phillips County, of Arkansas. These precincts will 
 be omitted, from the count of the whole number of precincts to be divided 
 amongst the registrars, as prescribed in General Orders No. 31, and each 
 member of the respective Boards of Registrars from the counties will, 
 with his judge and clerk, open a poll in the precinct during the election, 
 making three (3) polls for the town. The time and places of holding such 
 polls in the precinct, will be determined by the Board when it meets, as di- 
 rected in paragraph II of General Orders No. 31, and will be selected with a 
 
MILITARY OEDERS. Iv 
 
 view of furnishing the greatest facility to the voters in casting their votes. 
 The election will continue during two (2) days, one day for the white voters 
 and one for the colored, of which due notification will be given by the Boards. 
 The clerks of election for the counties in which these precincts are situated, 
 should be required by the registrars to make two additional copies (to be cer- 
 tified by the Board as correct) of the revised precinct book for use at these 
 polls. The name of either clerk of election in the precinct, written or stamped 
 in red ink across the face of a certificate of registry, will be the check against 
 duplicate voting on the same certificate. 
 
 The election returns in these precincts will be consolidated by the Commis- 
 sioners of election at the end of the second day's voting, and forwarded to these 
 Headquarters. 
 
 By command of Brevet Major General Oed. 
 
 O. D. Geeene, 
 Assistant Adjutant General. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 Office of Civil Affairs, 
 
 Holly Springs, Miss., December 5th, 1867. 
 Geneeal Oedees ) 
 No. 37. 1 
 
 I. At the election held in the States of Mississippi and Arkansas, — com- 
 mencing on the 5th day of November, 1867, and continuing until completed, 
 — to determine whether State Conventions should be held " for the purpose of 
 establishing constitutions and civil governments " for those States, " loyal to 
 the Union," and for delegates thereto, a majority of the registered voters in 
 each of the States having voted on the question of Convention, and the num- 
 ber of votes cast " For a Convention " in each State, being a majority of all the 
 votes cast therein on the question, the Convention will be held as provided by 
 the Act of Congress, approved March 23d, 1867. 
 
 [The place and time of assembling of the Convention for the State of Mis- 
 sissippi, are here designated.] 
 
 The Hall of the House of Representatives in the State House at Little Rock, 
 Arkansas, and 11 o'clock a.m., Tuesday the 7th day of January, 1868, are 
 designated as the place and time for the assembling of the Convention for the 
 State of Arkansas. 
 
 II. Irregularities in the conduct of the election in certain precincts of the 
 States composing the District, having been reported to these Headquarters, 
 and the vote in those precincts having been suspended, to await official inves- 
 tigation, renders it impracticable to promulgate at the present time the lists 
 of delegates elected to the respective State Conventions, as also " the total 
 vote in each State for and against a Convention." The lists of delegates and 
 
Ivi DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 the total vote will be published in General Orders as soon as practicable, after 
 they are correctly ascertained. 
 
 By command of Brevet Major General Ord. 
 
 O. D. Greene, 
 Assistant Adjutant General. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas.) 
 
 OrriCE OF Civil Affaiks, 
 Holly Spklngs, Miss., Dec. 21, 1867. 
 General Orders, 
 No. 43. 
 
 I. At the election recently held in the State of Arkansas, to determine 
 whether a Convention should be called " for the purpose of establishing a Con- 
 stitution and civil government for the State, loyal to the Union," and for dele- 
 gates thereto, forty-one thousand one hundred and thirty-four (41,134) votes were 
 cast upon the question of holding such Convention, of which number twenty- 
 seven thousand five hundred and seventy-six (27,576) votes were cast " For a Con- 
 vention," and thirteen thousand five hundred and fifty-eight (13,658) votes were 
 cast " Against a Convention." The total number of registered voters in the 
 State is sixty-six thousand eight hundred and five (66,805.) The number of votes 
 cast on the question of Convention being in excess of the number required by 
 the Act of Congress approved March 23d, 1867, and a majority of those votes 
 having been cast " For a Convention," the Convention will be held and will 
 assemble as heretofore directed in General Orders No. 37, current series, from 
 these Headquarters, dated December 5, 1867. 
 
 II. The following delegates were duly elected to the Convention, according 
 to the returns of the officers who conducted said election, and are hereby noti- 
 fied to meet in Convention as directed in the above mentioned General Orders 
 No. 37, current series, from these Headquarters : * 
 
 Delegates elect will, upon identification, be furnished with official copies of 
 this Order at the Headquarters of General C. H. Smith, commanding Sub- 
 District of Arkansas, Little Rock, Arkansas, which will constitute their cer- 
 tificate of election. 
 
 By command of Brevet Major General Ord. 
 
 O. D. Greene, 
 Assistant Adjutant General. 
 
 See list of members of the Convention, as perfected, on p. xxxvii. 
 
MILITARY ORDERS. Ivii 
 
 [The Special Orders concerning elections for delegates in Calhoun, Lafay- 
 ette, Ouachita, and Ashley Counties, will be found on p. 37, et seq., of the Re- 
 port of the Debates and Proceedings of the Convention.] 
 
 ORGANIZATION OF CONSTITUTIONAL CONVENTION. 
 
 [From Official Report of Proceedings op Convention.] 
 
 Little Rock, Arkansas, 
 
 Tuesday, January 1th, 1868. 
 
 In pursuance of the provisions of the foregoing Act of Congress entitled " An 
 act to provide for the more efficient government of the rebel States," passed 
 March 2d, eighteen hundred and sjxty-seven, and acts of Congress supplemen- 
 tary to and explanatory thereof, passed, respectively, March 23d, and July 
 19th, eighteen hundred and sixty-seven, and in compliance with the foregoing 
 General Orders from Headquarters Fourth Military District (Mississippi and 
 Arkansas), viz. : General Orders No. 37, dated " Office of Civil Affairs, Holly 
 Springs, Miss., Dec. 5, 1867," and General Orders No. 43, dated " Office of 
 Civil Affairs, Holly Springs, Miss., Dec. 21, 1867," delegates in the last-named 
 Order declared duly elected to the Convention called "for the purpose of 
 establishing," for the State of Arkansas, " a constitution, and civil government, 
 loyal to the Union," assembled in the Hall of the House of Representatives in 
 the State House at Little Rock, at 11 o'clock a.m., of Tuesday, the 7th day of 
 January, 1868. 
 
 At the hour above-named, 
 
 Mr. Hinds, of Pulaski County, called the delegates present to order, and, 
 for the purpose of a temporary organization, moved that Mr. Snydee, of Jef- 
 ferson County, be called to the chair. 
 
 The nomination of Mr. Snydee, as temporary Chairman, was agreed to by 
 
 acclamation. 
 
 * * « * * ■ * 
 
 On motion of Mr. Hinds, 
 
 Rev. Joseph Brooks, a delegate from Phillips County, opened the proceed- 
 ings with prayer. 
 
 Mr. Hodges, of Pulaski County, moved that Mr. Sarbek, of Johnson Count}-, 
 be selected as temporary Secretary. 
 
 The motion was agreed to ; and Mr. Sarber assumed the duties of Secretary, 
 pro tempore. 
 
 Mr. Montgomery, of Hempstead County, moved that Mr. Hutchinson, 
 of Arkansas County, be selected as temporary Assistant Secretary. 
 
 The motion was agreed to; and Mr. Hutchinson assumed the duties of 
 Assistant Secretary pro tempore. 
 
 A Delegate offered a resolution in substance as follows : 
 
 Resolved : That the Chair appoint a committee of five, to report upon the 
 
 credentials of members. 
 
 8 
 
Iviii DOCUMENTARY HISTOEY OF THE CONSTITUTION. 
 
 Mr. Montgomery moved, as a substitute, that the roll be called, and that 
 members, upon the calling of their names, come forward and present their 
 credentials. 
 
 The question was taken upon the adoption of the substitute ; and the substi- 
 tute was accepted. 
 
 The Seceetaky pro tempore proceeded to call the roll, by counties ; when 
 the following-named delegates answered to their names, and presented their 
 certificates of election, consisting of official copies of General Orders, No. 43, 
 Headquarters Fourth Military District (Mississippi and Arkansas), dated 
 " Office of Civil Affiiirs, Holly Springs, Miss., December 21, 1867," furnished, 
 from Headquartersof Brigadier General C. H. Smith, commanding Sub-District 
 of Arkansas. 
 
 *«*****♦ 
 
 Fifty-one delegates, being more than two-thirds of the whole number pro- 
 vided for by the General Orders regulating the election and assembly of the 
 Convention, having answered to their names, and presented their certificates 
 of election. 
 
 The Seceetaky pro tempore announced that a quorum for the transaction of 
 business was present. 
 
 PEOGLAMATION, 
 
 ANNOUNCING ADOPTION OF CONSTITUTION, 
 
 AND 
 
 NOTICES or ELECTION, UNDER ACTS OF CONGRESS, FOR RATIFICATION. 
 
 NOTICE. 
 
 In pursuance of the requirements of the Acts of Congress entitled " An Act 
 for the more efficient government of the rebel States," and the acts supple- 
 mental thereto, and in accordance with an Ordinance of this Convention, notice 
 is hereby given, that the Constitution framed and adopted by this Convention 
 for the State of Arkansas, will be submitted, for ratification, to the persons 
 registered as voters in said State, under the provisions of said Act of Congress, 
 at an election which will commence to be holden in the several counties in said 
 State, on the 13th day of March, 1868, said election to be conducted by officers 
 or persons appointed by the commanding General of this, the Fourth Military 
 District. 
 
 Dated at Little Rock, this 11th day of February, 1868. 
 
 Thomas M. Bowen, 
 President Constitutional Convention. 
 J. G. Price, 
 
 Secretary. 
 
MILITARY ORDERS. lix 
 
 NOTICE OP ELECTION, UNDER PROVISIONS OF SCHEDULE, 
 POR RATIFICATION OF THE CONSTITUTION. 
 
 ELECTION NOTICE. 
 
 Take notice, that on the 13th day of March, A. D. 1868, an election will com- 
 mence to be holden in the various counties in the State of Arkansas, under and 
 in pursuance of the provisions of the Constitution for said State framed and 
 adopted by the Convention which assembled at Little Rock, on the 7th day of 
 January, 1868, at which election said Constitution will be submitted for ratifi- 
 cation to the persons who are legal voters under said Constitution, and persons 
 to fill the following offices will be voted for, viz. : Governor, Lieutenant- 
 Governor, four Judges of the Supreme Court, Auditor, Secretary of State, 
 State Treasurer, Superintendent of Public Instruction, Attorney-General, Mem- 
 bers of Congress, State Senator, Representatives, and all County Officers. 
 Dated at Little Rock, this 11th day of February, 1868. 
 
 JAMES L. HODGES, 
 JOSEPH BROOKS, 
 THOMAS M. BO WEN, 
 State Board of Commissioners of Election. 
 
 ORDERS 
 
 FROM HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 AND HEADQUARTERS SUB-DISTRICT OF ARKANSAS, 
 
 PROVIDING FOR ELECTION FOR RATIFICATION OF THE CONSTITUTION. 
 
 HEADQUARTERS SUB-DISTRICT OF ARKANSAS. 
 
 Little Rock, Aek., February 14, 1868. 
 General Orders ) 
 No. 4. j 
 
 I. Pursuant to the order of the Constitutional Convention, acting by virtue 
 of Supplementary Reconstruction Act of Congress, passed March 23, 1867, and 
 telegraphic authority from Headquarters 4th Military District, dated Vicks- 
 burg. Miss., February 13, 1868, an election will be held in the State of Arkan- 
 sas, commencing March 18, 1868, for the ratification of the Constitution 
 submitted by Constitutional Convention : 
 
 The precincts of each county will be divided, and Commissioners of Election 
 organized by the appointment of three Judges and three Clerks of Election in 
 the same manner as was done for the election of delegates to the Constitutional 
 Convention. 
 
 II. Fourteen days prior to the election (February 28, 1868) the registration 
 precinct books will be opened at the County-seat, and kept open five successive 
 days, for the revision of the registration, in accordance with Section seventh 
 (7th) of Supplementary Reconstruction Act of Congress, passed July 19, 1867. 
 
Ix DOCUMENTAEY HISTORY OF THE CONSTITUTION. 
 
 III. Boards of Registrars will obtain the precinct books from the County 
 Clerk, with whom they were deposited. , 
 
 IV. When not otherwise directed, Boards of Registrars will be governed by 
 the provisions of General Orders No. 31, dated Headquarters 4th Military Dis- 
 trict, Vicksburg, Miss., September 26, 1867, for elections of delegates to the 
 Constitutional Convention, extracts of which are herein published for their in- 
 formation : 
 
 ********* 
 
 " In order to secure as nearly as possible a full expression of the voice of the people, the 
 election will be held at each precinct of every county of the State in the District, and, as re- 
 quired by law, under the supervision of the County Boards of Registration. The method of 
 conducting the election in each county will be as follows : Immediately upon receipt of this 
 order Boards of Registrars will meet, divide the whole number of election precincts of their 
 respective counties into three portions, as nearly equal in number as possible, and assign one 
 of the shares thus made to each Registrar, who will be responsible for the proper conduct of 
 the election therein ; whereupon each Registrar will appoint a Judge and Clerk of Election, 
 who, with himself, will constitute the 'Commissioners of Election' for all the precincts of 
 his district. 
 
 ********* 
 
 " Commencing fourteen (14) days before the election. Boards of Registrars will, after having 
 given reasonable public notice of the time and place thereof, revise for a period of five (5) days 
 the registration lists, and upon being satisfied that any person not entitled thereto has been 
 registered, will strike the name of such person, from the list, and such person shall not be 
 allowed to vote. The Boards will also, during the same period, add to the registry the names 
 of all persons who at that time possess the qualifications required by law, and who have not 
 been already registered. 
 
 " All changes made in the lists of registered voters will be immediately reported to these 
 Headquarters." 
 
 By command of Brevet Brig. Gen'l C. H. Smith. 
 
 Samuel M. Mills, 
 1st Lt. and Adj't 28th Infantry, A. A. A. G. 
 
 HEADQUARTEES FOURTH MILITARY DISTRICT. 
 
 (Mississippi and Arkansas,) 
 
 Vicksburg, Miss., Feb. 14, 1868. 
 General Oedeks ) 
 No. 7. \ 
 
 The Arkansas Constitutional Convention, convened at Little Rock, Arkansas, 
 pursuant to General Orders No. 37, series of 1867, from these Headquarters, 
 having framed a Constitution and civil government in compliance with the laws 
 of the United States, known as the " Reconstruction Acts," and having pro- 
 vided for the submitting of said Constitution to the registered voters at an 
 election to be ordered by the General Commanding the District, said election 
 is, by authority of the above stated laws, and in accordance with the provisions 
 of the Constitution, hereby ordered to be held in Arkansas, beginning the 15th 
 [13th*] day of March, 1868, and continuing until completed ; at which election 
 
 * Corrected in official copies fiirnished from Hdqrs. Sub-District of Arkansas. 
 
MILITARY ORDERS. Ixi 
 
 the registered voters may vote for or against the ratification of the Constitu- 
 tion herein mentioned. 
 
 II. Commencing fourteen days before the election, Boards of Registrars 
 will, at the county seat, or the most accessible place, after having given reason- 
 able public notice of the time and place thereof, revise for a period of five days, 
 the registration lists, and, upon being satisfied that any person not entitled 
 thereto, has been registered, will strike the name of such person from the list, 
 and such person shall not be allowed to vote. The Boards will also, during 
 the same period, add to the registry the names of all persons, who at that time 
 possess the qualifications required by law, and who have not been already 
 registered. All changes made in the lists of registered voters will be imme- 
 diately reported to these Headquarters. 
 
 III. In order to secure as nearly as possible, a full expression of the voice of 
 the people, the election will be held at each precinct of every county of the 
 State of Arkansas, and — as required by law — under the supervision of the 
 County Boards of registration. The method of conducting the election in 
 each county will be as follows : At the meeting provided in the foregoing para- 
 graph, each Board of Registrars vyill divide the whole number of election pre- 
 cincts of their respective counties into three portions, as nearly equal in number 
 as possible, and assign one of the shares thus made to each registrar, who will 
 be responsible for the proper conduct of the election therein. Thereupon each 
 registrar will appoint a judge and clerk of election, who, with himself, will con- 
 stitute the " Commissioners of Election," for all the precincts of his district. 
 Each registrar will provide himself with a ballot-box, with lock and key, and 
 of sufficient size to contain the votes of all the registered voters in the largest 
 precinct. Each registrar will give full and timely notice throughout his dis- 
 trict, of the day of election in each precinct, so that he, with his judge and 
 clerk, can proceed from precinct to precinct of his district, and hold election 
 on consecutive days — when the distance between precincts will permit — with 
 a view to the early completion of the voting. The election will be by ballot, 
 and will be conducted in all details, not herein prescribed, according to the 
 customs heretofore in use in the respective States. Each ballot will have written 
 or printed upon it: "Constitution" or "Against a Constitution." Each voter, 
 in oflFering his ballot, must exhibit his certificate of registry, across the face of 
 which the clerk of election will write his name in red ink, to indicate that a 
 vote has been cast upon that certificate — at the same time the registrar will 
 check off the voter's name on the precinct book, serving as the " poll book." 
 The polls will be opened by 9 o'clock, a.m., at each precinct, and will be kept 
 continuously open until sunset, at which time the polls will be closed, the bal- 
 lot-box opened, votes counted by the Commissioners, and a written return 
 thereof, under oath of the Commissioners, immediately made to these Head- 
 quarters, in duplicate. The votes cast will then be securely enclosed, and for- 
 warded, by mail, to the Acting Assistant Adjutant General at these Head- 
 quarters, with a letter of transmittal, setting forth the number of votes cast 
 for, and the number against a constitution, which letter will be witnessed 
 
Ixii DOCUMENTAEY HISTORY OF THE CONSTITUTION. 
 
 by the deputy sheriff present, in accordance with the requirements of para- 
 graph V of this order. 
 
 IV. Judges and clerks of election will be selected by registrars, preferably 
 from among the residents of their respective districts, but if they cannot be 
 obtained therein, competent and qualified under the law, then from among the 
 residents of the county, and if not attainable in the county, then from the State 
 at large ; they are required to take and subscribe to the oath of office, pre- 
 scribed by the Act of Congress of July 2d, 1862, which oath may be adminis- 
 tered by the registrar. The oaths, properly subscribed, will be forwarded 
 immediately for file in the ofiice of the Acting Assistant Adjutant General at 
 these Headquarters. 
 
 The pay of these officers will be six (6) dollars per diem, for each day they 
 are actually employed on their legitimate duties, and their actual expenses of 
 transportation within their district will be reimbursed. 
 
 V. The Sheriff of each county is made responsible for the preservation of 
 good order, and the perfect freedom of the ballot at the various election pre- 
 cincts in his county. To this end he will appoint a deputy — who shall be duly 
 qualified under the laws of his State — for each precinct in the county, who will 
 be required to be present at the place of voting during the whole time the elec- 
 tion is being held. The said deputies will promptly and fully obey every de- 
 mand, made upon their official services in preserving the peace and good order 
 by the Commissioners of Election. Sheriffs, in making their appointments, 
 will exercise great care to select men whom they know to be in every way 
 able to serve. Deputies appointed in accordance with the foregoing will be 
 paid five dollars for the day's service, on accounts approved by the Registrar 
 out of the reconstruction fund. 
 
 VI. As an additional measure for securing the purity of the election, each 
 registrar, judge, and clerk, is hereby clothed with all the functions of a deputy 
 sheriff or constable and is empowered to make arrests, and authorized to per- 
 form all duties appertaining to such officers under the laws of the State, during 
 the days of election. 
 
 VII. At every precinct on the days of election, all public bar-rooms, saloons, 
 or other places at which intoxicating or malt liquor is sold at retail, will be 
 closed. Should any infraction of this respect, come to the knowledge of the 
 Commissioners of Election, or the deputy sheriff in attendance, they will im- 
 mediately cause the arrest of the offending party, or parties, and the closing of 
 his, or their, place of business. All parties so arrested will be placed under 
 bonds, of not less than one hundred dollars ($100), to appear for trial when 
 required by proper authority, or in case of failure to give the required bond, 
 will be held in arrest to await the action of the General Commanding. 
 
 VIII. Should violence or fraud be perpetrated at the election in any precinct, 
 the General Commanding will exercise to the fullest extent the powers vested 
 m him for the purpose of allowing to all registered electors an opportunity 
 to vote freely and fearlessly. 
 
PROCLAMATION OF COMMISSIONERS OF ELECTION. Ixiii 
 
 IX. No registrar, judge, or clerk, will be permitted to become a candidate 
 for office at the election for which he serves as Commissioner, 
 
 X. Such further orders as may be deemed necessary by the General Com- 
 manding, upon the subject of elections for State or other officers as may have 
 been provided for by the Convention, will, when the Constitution, or Ordi- 
 nances of the Convention relating to the subject, shall have been received, be 
 issued. 
 
 By command of Brevet Major General Alvan C. Giliem. 
 
 John Tyler, 
 1st Lieut. 43d Inf., Bvt. Maj. U. S. A., 
 
 Acting Assistant Adjutant General.* 
 
 PROCLAMATION OF COMMISSIONERS OP ELECTION, 
 
 ANNOUNCING EATIFICATION OF CONSTITUTION. 
 
 NOTICE. 
 
 Office State Board of Commissioners of Election, 
 Little Rock, Ark., April 1, 1868. 
 Whereas, At an election commenced on the 13th day of March, 1868, under 
 the provisions of the Schedule to the Constitution, for the ratification or rejec- 
 tion of the Constitution submitted to the people by the Arkansas Constitu- 
 tional Convention ; and. 
 
 Whereas, It appears that a majority of the votes cast voted for said Consti- 
 tution : 
 
 Therefore, By authority vested in us by said Schedule, we do hereby declare 
 said Constitution ratified, and therefore in full force and effect from and 
 after this date. James L. Hodges, 
 
 Joseph Brooks, 
 Thomas M. Bowen, 
 State Board of Commissioners of Election. 
 
 LETTER OF TRANSMITTAL 
 
 FROM PRESIDENT OF THE CONVENTION 
 
 TO PEESIDENT OF THE UNITED STATES. 
 
 ACCOMPANYING COPT OP CONSTITUTION, AND ABSTRACT OF VOTE ON RATIFICATION THEREOF, 
 AT ELECTION HELD UNDER PROVISIONS OP THE CONSTITUTION : 
 
 Forwarded in accordance with the provisions of the same. 
 
 Little Rock, Arkansas, April 16, 1868. 
 Sir : I have the honor to transmit herewith a copy of the Constitution of the 
 State of Arkansas, adopted by the Constitutional Convention of said State, in 
 
 * To the official copies of this order, as furnished from Hdqrs. Sub-district of Arkansas, was 
 appended the following note : 
 
 The election of officers being held at separate polls, Par. IX has no application. 
 
Ixiv DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 accordance with the Acts of Congress, February 11th, 1868, and adopted by 
 the people of the State at an election held March 13th, 1868, for its ratification 
 or rejection ; also an abstract of the votes cast at said election ; and desire that 
 you lay the same before the Congress of the United States at your earliest con- 
 venience, as requested by Article 8th of the Schedule to said Constitution. 
 I have the honor to be, very respectfully, your obedient servant. 
 
 Thos. M. Bowen, 
 President Constitutional Convention. 
 His Excellency Andrew Johnson, 
 
 President United States. 
 
 [Accompanying this communication, were, 1st, a certified copy of the Con- 
 stitution adopted by the Convention, and, 2d, an Abstract of returns of the 
 election held under provisions of the Schedule, for the ratification of the Con- 
 stitution.] 
 
 PROCEEDINGS OP GENERAL ASSEMBLY OP THE STATE 
 
 OP ARKANSAS 
 
 UPON THE RATIFICATION OF THE FOURTEENTH ARTICLE OF AMEND- 
 MENT TO THE CONSTITUTION OF THE UNITED STATES. 
 
 Hall of Representatives, 
 Little Rock, Aekansas, April 3, 1868. 
 
 Proceedings of Friday, April 3, 1868. 
 
 In accordance with notice given on the previous day, Mr. Benjamin intro- 
 duced the following joint resolution, which was read : 
 
 JOINT EESOLUTION Eatifting an Act op Congkess, Appboved June 16, 1866, 
 
 AND PkOPOSED to THE LEGISLATURES OF THE SEVERAL StATES POR RaTIPICATION 
 
 AS AN Amendment to the Constitution op the United States. 
 
 Be it resolved hy the Senate and House of Representatives of the State of Arkansas 
 in Legislature assembled, that — 
 
 Whereas, The Congress of the United States has submitted to the several 
 States, for their action thereon, by an act approved June the sixteenth, (16,) 
 one thousand eight hundred and sixty-six, (1866,) the following Article Four- 
 teenth, (14th,) as an amendment to the Constitution of the United States, 
 namely : 
 
 ARTICLE XIV. 
 
 Section 1. All persons born or naturalized in the United States, and subject 
 to the jurisdiction thereof, are citizens of the United States and of the State 
 wherein they reside. No State shall make or enforce any law which shall 
 abridge the privileges or immunities of citizens of the United States ; nor shall 
 any State deprive any person of life, liberty, or property, without due process 
 of law nor deny to any person within its jurisdiction the equal protection of 
 the laws. 
 
 Sec. 2. Representatives shall be apportioned among the several States 
 
RATIFICATION OF AMENDMENT XIV TO CONSTITUTION U. S. Ixv 
 
 according to their respective numbers, counting the whole number of persons 
 in each State, excluding Indians not taxed. But when the right to vote at any 
 election for the choice of electors for President and Vice-President of the 
 United States, representatives in Congress, the executive and judicial officers 
 of a State, or the members of the legislature thereof, is denied to any of the 
 male inhabitants of such State, being twenty-one years of age, and citizens of 
 the United States, or in any way abridged, except for participation in rebelHon 
 or other crime, the basis of representation therein shall be reduced in the pro- 
 portion which the number of such male citizens shall bear to the whole number 
 of male citizens twenty-one years of age in such State. 
 
 Sec. 3. No person shall be a senator or representative in Congress, or elector 
 of President and Vice-President, or hold any office, civil or military, under the 
 United States, or under any State, who having previously taken an oath as 
 a member of Congress, or as an officer of the United States, or as a member of 
 any State legislature, or as an executive or judicial officer of any State, to sup- 
 port the Constitution of the United States, shall have engaged in insurrection 
 or rebellion against the same, or given aid or comfort to the enemies thereof. 
 But Congress may, by a vote of two-thirds of each house, remove such disability. 
 
 Sec. 4. The validity of the public debt of the United States, authorized by 
 law, including debts incurred for payment of pensions and bo'unties for services 
 in suppressing insurrection or rebellion, shall not be questioned. But neither 
 the United States nor any State shall assume or pay any debt or obligation 
 incurred in aid of insurrection or rebellion against the United States, or any 
 claim for the loss or emancipation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void. 
 
 Sec. 5. That Congress shall have power to enforce, by appropriate legislation, 
 the provisions of this article. 
 
 Theeefobe, Be it resolved hy the Q-eneral Assembly of the State oj Arkansas : 
 That the foregoing recited Article Fourteen (14} be, and the same is hereby, 
 fully approved and ratified as a portion of the Constitution of the United 
 States. 
 
 On motion of Mr. Sims, the rules were stispended by a two-third vote, and 
 the Joint Resolution was placed upon its second reading ; after which it was 
 engrossed and read a third time, and put upon its final passage by calling the 
 yeas and nays. 
 
 In the affirmative were : 
 
 Messrs. Ayers, Bard, Benjamin, Belden, Brashear, Britton, Bush, Butler, 
 Catterson, Chrisman, Clem, Coolidge, Cary, Davis, Dial, Divelbliss, Exon, 
 Fenno, French, Furgeson, Gibson, Gray of Phillips, Grey of Jefferson, Gunther, 
 Hall, Hodges of Crittenden, Hodges of Searcy, Hopper, Hufstedler, Kyle, Lee, 
 May, Miller, Mitchell, Morrow, McCullough, Newell, Olive, Oliver, Owen, Pears, 
 Reed, Rush, Samuels, Sims, Smith, St. John, Tobias, Upham, White, Whitson, 
 Williams of Marion, Williams of Jefferson, Yoes, Vaughn, Mi\ Speaker — Yeas 
 56 ; Nays none. 
 
 Mr. Hodges, of Crittenden, moved to reconsider, and that the motion lie on 
 the table : which was carried. 
 
Ixvi DOCUMENTAEY HISTORY OF THE CONSTITUTION. 
 
 United States of America, State op Arkansas : 
 
 I hereby certify the foregoing and above to be a trne, full, and complete ab- 
 stract of the proceedings had in the matter of adopting the XlVth Article of 
 the National Constitution, as proposed for ratification to the several States, as 
 appears from the Journal of the House of Representatives. 
 
 F. E. "Weight, 
 
 Clerk of the House. 
 
 Senate Chamber, 
 Little Kock, Arkansas, April 3, 1868. 
 Upon the reassembling of the Senate, the following message from the House 
 of Representatives was received : 
 
 To the Hon. President of the Senate : 
 
 Mr. Peesident : I am instructed to inform the Senate that the Joint Resolu- 
 tion ratifying the amendment to the Constitution of the United States, known 
 as the XlVth Article, has been adopted by the House of Representatives. 
 
 F. E. Weight, 
 
 Clerk of House. 
 
 On motion of Mr. Snyder, of Jefferson, the said Joint Resolution ratifying 
 the Amendment to the Constitution of the United States, known as the XlVth 
 Article, was introduced and read, as follows : 
 
 Whereas, The Congress of the United States, &c., (here follows the Resolu- 
 tion offered in the House.) 
 
 Mr. Mallory moved to suspend the rules, in order that the Joint Resolution 
 may be read the second and third time, and placed upon its final passage. 
 The roll being called, the following Senators voted in the affirmative : 
 
 Messrs. Belden, Baker, Hadley, Mallory, Martin, McCown, Scott, Snyder, 
 Wheeler, Young, and Mr. President — 11. 
 
 Those voting in the negative were : 
 
 Messrs. Dell, Evans, Harbison, Hunt, Keeton, Mellon, Ray, Rushing, Stephen- 
 son, Thomas, Vance — 11. 
 
 So the motion was lost. 
 
 On motion of Mr. Stephenson, the Senate adjourned until Monday, the sixth 
 instant, at 10 o'clock, a.m. 
 
 Monday, April 6th, 1868. 
 
 The Journal of Friday being read and approved, the President announced 
 the first business in order — second reading of the House Joint Resolution 
 ratifying the XlVth Article, proposed as an amendment to the Constitution of 
 the United States. The Joint Resolution was here read the second time. 
 
 Mr. Mallory, of Jefferson, moved that the rules be suspended, and the Joint 
 Resolution ratifying the constitutional amendment, known as the Fourteenth 
 Article, be read the third time and placed upon its final passage. Motion being 
 put, the following Senators voted in the affirmative : 
 
RATIFICATION OF AMENDMENT XIV TO CONSTITUTION U. S. Ixvii 
 
 Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
 phenson, Thomas, Vance, Wheeler, Young, Sarber — 23. 
 
 All the members present voting in the affirmative, motion was unanimously 
 sustained. Here the House Joint Resolution, ratifying the Fourteenth Article, 
 was read the third time. 
 
 A vote being taken, the ayes and noes being called, the following Senators 
 voted in the affirmative : 
 
 Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
 phenson, Thomas, Vance, Wheeler, Young, Sarber— 23. 
 
 All the members present voting in the affirmative, the Resolution was unani- 
 mously adopted. 
 
 Tuesday, April 7, 1868. 
 The roll having been called, and prayer offered by Chaplain Alexander, Mr. 
 Mallory, of Jefferson, moved to reconsider the vote by which the Joint House 
 Resolution, ratifying the XlVth Article to the Constitution of the United 
 States, had been adopted by the Senate of the preceding day, and that the 
 motion to reconsider be laid upon the table, which motion prevailed. Those 
 voting in the affirmative were 
 
 Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Ray, Rushing, Scott, Snyder, Ste- 
 phenson, Thomas, Vance, Wheeler, Young, and Mr. President — 23 ; the vote 
 being unanimous. 
 
 United States of America, State of Arkansas : 
 
 We hereby certify the above to be a true, full, and complete abstract of the 
 proceedings of the Senate of Arkansas, in the matter of the adopting the Joint 
 Resolution ratifying the XlVth Article of the Constitution of the United 
 States, as appears from the Journal of its proceedings. 
 
 J. W. Caehart, 
 
 Secretary of the Senate. 
 John N. Sarber, 
 
 President pro tempore. 
 Little Kock, Arkansas, April 7, A.D. 1868. 
 
Ixviii DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 40th Con^bess, I jjQ^gg ^j. REPRESENTATIVES. I l""' ^Jt'' 
 2d Session. J ■ ( No. 278. 
 
 ELECTION m ARKANSAS. 
 
 LETTER FROM THE GENERAL OF THE ARMY, 
 
 In answer to a Resolution of the House of the 2d instant, trans- 
 mitting Major General A. C. Gillem's report of ikE 
 recent election in Arkansas, under the 
 Reconstruction Laws. 
 
 May 4, 1868. — ^Referred to the Committee on Reconstruction, and letter ordered to be printed. 
 Mat 7, 1868. — Ordered that the accompanying papers be printed. 
 
 Hbadquaetbrs Army of the United States, 
 Washington, May 4, 1868. 
 Sir : I have the honor to acknowledge the receipt of resolution of the House 
 of Representatives of the 2d instant, directing me to communicate a statement 
 of the number of votes cast for, and against, the State Constitution, at the re- 
 cent election in Arkansas ; and, in answer thereto, I respectfully submit, here- 
 with, Brevet Major General A. C. Gillem's report of said election, and accom- 
 panying documents, which contain the information called for. 
 
 Very respectfully. 
 
 Your ob'd't servant, 
 
 U. S. Geant, 
 
 General. 
 Hon. Schuyler Colfax, 
 
 Speaker of the House of Representatives. 
 
 [ 1- 1 
 
 Headquarters Fourth Military District, 
 (Mississippi and Arkansas,) 
 ViCKSBURG, Mississippi, April 22, 1868. 
 
 General : I have the honor to submit the following report of the election 
 held in the State of Arkansas, on the adoption of the Constitution framed by 
 the Convention assembled in accordance with the acts usually known as the 
 Military Reconstruction Laws. 
 
 When I assumed command of the Fourth Military District, January 9, 1868, 
 in compliance with General Orders No. 104, from Headquarters of the Army] 
 1867, the Constitutional Convention of Arkansas was in session ; and shortly 
 after my arrival, a messenger (Hon. Asa Hodges, a member of the Convention) 
 arrived, bearing a resolution of the Convention, requesting me to authorize the 
 State Treasurer to advance seventy-five thousand dollars (175,000) to defray 
 the expenses of the Convention. The act of March 23, 1867, making it im- 
 perative that the Convention should » provide for the levy and collection of 
 
REPORT OF DISTRICT COMMANDER, ON RATIFICATION. Ixix 
 
 such taxes on the property, in the State, as may be necessary to carry into 
 effect the purposes of this act," I authorized the State Treasurer to advance 
 fifty thousand dollars (|50,000), to be replaced when the tax levied in compli- 
 ance with the above section, should be collected. In taking this action, I had 
 two motives in view : first, to facilitate the transaction of the business for 
 which the Convention was called together; secondly, to extend the time 
 allowed for the collection of the tax, and thereby render it less burdensome to 
 the people, already greatly impoverished. 
 
 In connection with this subject, attention is respectfully invited to the cor- 
 respondence herewith accompanying, and marked Appendix A, Nos. 1, 2, 3, 
 4, 5, 6, 7, and 8, as explanatory of my action in the premises. 
 
 In order to avoid delay in holding the election on the Constitution, framed 
 by the Convention, early in February I directed instructions to be prepared 
 for General Smith, commanding Sub-District of Arkansas, as to the manner of 
 conducting the election. These instructions (see Appendix B, No. 4) were 
 forwarded by mail, to General Smith, on the 12th of February. On the same 
 day a telegram was received from General Smith (Appendix B, No. 5), inform- 
 ing me that the Constitution and Election Ordinance had been adopted by the 
 Convention on the 11th of February, and that March the 15th had been fixed 
 upon as the day for the beginning of the election in which it was to be sub- 
 mitted to the people. 
 
 Fearing that the limited time allowed would be insuiEcient to enable me to 
 make the necessary arrangements for securing a thorough and impartial ex- 
 pression of the will of the people, General Smith was telegraphed (see Ap- 
 pendix B, No. 6) to know if the time could not be extended a few days. In 
 reply. General Smith informed me (see Appendix B, No. 7) that the time for 
 holding the election was fixed by the Constitution itself, and therefore could 
 not be changed. Instructions were at once issued by telegraph (see Appendix 
 B, Np. 9, to which especial attention is called,) directing General Smith to use 
 every exertion in organizing the boards of registration for revision of the regis- 
 tration, provided for in Section 7, of the Act of July 19, 1867, and holding the 
 election provided for in Section 5, March 23, 1867. 
 
 For information as to the manner in which these orders were carried out, 
 attention is invited to the letter of General Smith, of February 14, (Appendix 
 B, No. 14), and his instructions, (Appendix B, No. 15.) 
 
 On the 14th of February, General Orders No. 7, from Headquarters Fourth 
 Military District, providing for the submission of the Constitution to the regis- 
 tered voters of Arkansas, was issued, for a copy of which see Appendix B, 16. 
 It will be seen by this order, paragraph 9, that " no Registrar, Judge, or Clerk, 
 will be permitted to become a candidate for office at the election for which he 
 served as Commissioner." Attention is invited to this paragraph from the fact 
 that fraud is charged on account of some of the Commissioners of Election 
 having been candidates for State and county offices, (see Appendix B, No. 29,) 
 the elections for which were held at separate and distinct polls, the proceed- 
 ings at which were not under the control of the Registrars (see Appendix B, 
 No. 20) ; and in fact, it would have been difficult to have found men, of the 
 necessary qualifications, to act as officers of the election, and who could have 
 taken the required oath. 
 
Ixx DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 Application was made to have the time allowed for the revision of the regis- 
 tration extended beyond the five days prescribed by law ; but considering the 
 law imperative, the registration was limited to five days (see Appendix B, 
 No. 32.) 
 
 Complaint having been made that the troops, and Agents of the Bureau, 
 would be used to influence voters, I ordered that while the troops should be 
 held in readiness to enforce order or suppress violence, they should not be 
 placed in the immediate vicinity of the polls. 
 
 On the 13th of March the election began, as provided for by the Constitu- 
 tion and election Ordinance. On the afternoon of the 14th inst., the following 
 telegram was received from the General-in-chief : 
 
 Washington, D. C, March 13, 1868. 
 
 The last amendatory act passed is now law. It provides that majority of 
 
 votes actually cast, determines adoption or rejection of Constitution ; also, that 
 
 the electors may at the same time vote for members of Congress, and all the 
 
 elective officers provided for by said Constitution. 
 
 U. S. Gkant. 
 Major General A. C. Gillem. 
 
 The Convention having provided for the election of State and county officers, 
 separate from those held on the ratification of the Constitution, and by voters 
 other than those qualified under the Reconstruction Act, the second paragraph 
 of the above dispatch could not affect the election conducted under the orders 
 of the District Commander in Arkansas. 
 
 The election was held as ordered ; but owing to the irregularities of the mail 
 facilities, or other means of communication, the returns were not all received 
 until to-day, April 22d, although every endeavor has been made to obtain them 
 at an earlier day, and to that end special messengers and the telegraph have 
 been liberally used. 
 
 The following table shows the vote as received from the Registrars : 
 
 [Here follows an abstract of the returns of the election, under the Act of 
 Congress, and in accordance with the provisions of the Ordinance appended to 
 the Constitution for ratification of the Constitution. The table shows the 
 vote as follows : 
 
 For Constitution, 27,918 
 
 Against Constitution, .... 26,-597 
 
 Total vote, 54,510 
 
 Total number of registered voters, . 73,784 
 
 Majority for Constitution, . . . 1,316] 
 It will be perceived by the foregoing table, that there were cast for the Con- 
 stitution, twenty-seven thousand nine hundred and thirteen (27,913) ; against 
 the Constitution, twenty-six thousand five hundred and ninety-seven (26,597) ; 
 total, fifty-four thousand five hundred and ten (54,510) ; majority for the Con- 
 stitution, one thousand three hundred and sixteen (1,316). 
 
 Had the election been conducted in strict compliance with General Order No. 
 7,_ and the result been indicated by the above figures, the adoption of the Con- 
 stitution would have been indisputable ; but an examination of the foregoing 
 
REPORT OF DISTRICT COMMANDER, ON RATIFICATION. Ixxi 
 
 table of returns shows that in Pulaski County the total vote exceeds the total 
 number registered by one thousand one hundred and ninety-five (1195). This 
 is explained by the Registrars, who admit that they permitted persons regis- 
 tered in other counties to vote on the presentation of their certificates of regis- 
 tration, and without taking their names, or the counties and precincts in which 
 they claim to be registered ; nor did the officers conducting the election in this 
 (Pulaski) County, comply with Par. Ill, General Order No. 7, from these 
 Headquarters, providing for the manner of conducting the election, by " check- 
 ing off the voter's name on the precinct-book serving as the poll-book." It is 
 therefore impossible to ascertain the number or names of the registered voters 
 in Pulaski County who availed themselves of the right of franchise, and there- 
 fore impossible to ascertain the number in excess of eleven hundred and 
 ninety-five (1195) who voted in that county, and who were registered in other 
 places. It is also impossible to ascertain whether or not these persons had 
 voted where registered. 
 
 The same irregularities occurred in Jefferson County, where seven hundred 
 and thirty (730) votes were cast by voters claiming to be registered in other 
 counties or precincts. 
 
 Of these votes, eleven hundred and ninety-five (1195) in Pulaski, and seven 
 hundred and thirty (730) in Jefferson — making a total of one thousand nine 
 hundred and twenty-five (1925) — there is no means of ascertaining whether 
 they were cast for or against the Constitution. 
 
 Prior to the Act of Congress passed March 11, 1868, and which was pro- 
 mulgated in General Order No. 14, from the "War Department, dated March 14, 
 1868, there was no law or order in existence permitting voters registered in 
 one county or precinct, to vote in any other county or precinct. The Act 
 above referred to authorizes " any person duly registered in the State to vote 
 in the election district where he offers to vote, when he has resided therein for 
 ten days next preceding such election, upon his presentation of his certificate 
 of registration, his affidavit, or other satisfactory evidence, under such regula- 
 tions as the district commander may prescribe." 
 
 The order containing this law was not received until after the election ; and 
 the despatch from the General-in-chief containing no intimation of this pro- 
 vision, I was unaware of the existence of the law, and therefore prescribed no 
 regulations for persons voting at other precincts than those in which they 
 registered. 
 
 It appears from the report of Col. J. E. Tourtelotte (see Appendix C, No. 1, 
 to which special attention is invited) that the Registrars in Pulaski, Jefferson, 
 and Washington Counties, learning unofficially of this law, determined, on 
 their own responsibility, to receive the votes of persons registered in other 
 counties. 
 
 Col. Tourtelotte was ordered to Little Rock for the purpose of investigating 
 the frauds alleged by those opposed to the Constitution, and was informed, by 
 the parties preferring the charges, that at least six weeks would elapse before 
 they could be ready to proceed with the investigation, and that months would 
 be required to complete them. Such delay was not deemed expedient. All 
 the evidence bearing on the subject, is transmitted herewith. 
 
 As there was no separate record kept of the 1925 votes cast in Pulaski and 
 
Ixxii DOCUMENTAEY HIST^ORY OF THE CONSTITUTION. 
 
 Jeiferson Counties, by persons not registered in those Counties, there are no 
 means of ascertaining whether or not they were cast for or against the Con- 
 stitution; and, therefore, if the reception of these votes, by the Registrars, 
 under a law, of the existence of which they had no legal notification, is held 
 not to invalidate the election in the two Counties above-named, the Constitu- 
 tion appears to have been adopted by a majority of 1316. 
 
 Each party charges the other with frauds. Those opposed to the Constitu- 
 tion asserting that a large number of the votes cast in Pulaski, Jefferson, and 
 Washington Counties, were by unauthorized persons, and, in some instances, 
 that the same persons were permitted to vote several times. These in favor 
 of the Constitution charge that force and intimidation was used to prevent 
 legal voters from attending the polls ; and that, in one instance, — that of Union 
 County, — armed parties were stationed on the roads for that purpose. For 
 evidence on the subject of frauds, attention is invited to Appendix C, herewith 
 transmitted. 
 
 In a question of such importance, and one purely civil, in which the action 
 to be taken by the District Commander is not prescribed by Section 5 of the 
 Act of March, 23, 1867, 1 have determined to forward the entire record for the 
 action of the proper authority. 
 
 I am. General, 
 
 Very respectfully, 
 Your ob't serv't, 
 
 Alvan C. Gillem, 
 
 Brevet Maj. Gen. U. S. A. 
 Commanding Fourth Military District. 
 General U. S. Grant, 
 
 CommandiuD; Armies of the United States. * 
 
 [The papers appended to this Report, consisting of an undigested mass of 
 letters, telegrams, etc., extending to great length, and conflicting in their 
 nature, it has not been thought necessary to publish any of them, except the 
 General Orders issued, which appear in their proper place. The contents of 
 these papers are sufficiently referred to in the body of the Report.] 
 
 ADMISSION OF THE STATE 
 
 TO REPRESENTATION IN CONGRESS. 
 To ADMIT THE StATB OF ARKANSAS TO REPRESENTATION IN CONGRESS. 
 
 Whereas, The people of Arkansas, in pursuance of the provisions of an act 
 entitled " An Act for the more efficient government of the Rebel States," 
 passed March second, eighteen hundred and sixty-seven, and the acts supple- 
 
ADMISSION OF THE STATE. Ixxiii 
 
 mentary thereto, have framed and adopted a Constitution of State Government, 
 which is republican, and the Legislature of said State has duly ratified the 
 amendment to the Constitution of the United States proposed by the Thirty- 
 ninth Congress, and known as Article Fourteen : Therefore, 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America, in Congress assembled. That the State of Arkansas is entitled and 
 admitted to representation in Congress, as one of the States of the Union, upon 
 the following fundamental condition : That the Constitution of Arkansas shall 
 never be so amended or changed as to deprive any citizen or class of citizens, 
 of the United States, of the right to vote, who are entitled to vote by the Con- 
 stitution herein recognized, except as a punishment for such crimes as are now 
 felonies at common law, whereof they shall have been duly convicted, under 
 laws equally applicable to all the inhabitants of said State : Provided, that any 
 alteration of said Constitution, prospective in its effect, may be made in regard 
 to the time and place of residence of voters. 
 
 [The foregoing Act of Congress was passed June 8th, 1868 ; and was re- 
 turned, by the President of the United States, to the House of Representa- 
 tives, in which it originated, with his objections, embodied in the following 
 Message.] 
 
 MESSAGE OF THE PRESIDENT OF THE UNITED STATES, 
 
 KETUENING BILL (H. E. NO. 1039) "TO ADMIT THE STATE OF AEKANSAS TO 
 EEPEESENTATION IN CONGBESS," WITH HIS OBJECTIONS THEEETO. 
 
 June 20, 1868. — Read, and ordered to be printed. 
 
 To the Souse of Representatives : 
 
 I return, without my signature, a bill entitled " An act to admit the State 
 of Arkansas to representation in Congress." 
 
 The approval of this bill would be an admission, on the part of the Execu- 
 tive, that the " Act for the more efficient government of the rebel States," 
 passed March 2, 1867, and the acts supplementary thereto, were proper and 
 constitutional. My opinion, however, in reference to those measures, has 
 undergone no change, but, on the contrary, has been strengthened by the 
 results which have attended their execution. Even were this not the case, I 
 could not consent to a bill which is based upon the assumption either that, by 
 an act of rebellion of a portion of its people, the State of Arkansas seceded 
 from the Union, or that Congress may, at its pleasure, expel or exclude a State 
 from the Union, or interrupt its relations with the government, by arbitrarily 
 depriving it of representation in the Senate and House of Representatives. If 
 Arkansas is a State not in the Union, this bill does not admit it as a State into 
 the Union. If, on the other hand, Arkansas is a State in the Union, no legis- 
 lation is necessary to declare it entitled " to representation in Congress as one 
 of the States of the Union." The Constitution already declares that " each 
 
 10 
 
Ixxiv DOCUMENTARY HISTORY OF THE CONSTITUTION. 
 
 State shall have at least one representative ;" that the Senate " shall be com- 
 posed of two Senators from each State ; and " that no State, without its consent, 
 shall be deprived of its equal suffrage in the Senate." That instrument also 
 makes each house " the judge of the elections, returns, and qualifications of its 
 own members ; and therefore all that is now necessary to restore Arkansas in 
 all its constitutional relations to the government, is a decision by each house 
 upon the eligibility of those who, presenting their credentials, claim seats in 
 the respective houses of Congress. This is the plain and simple plan of the 
 Constitution ; and believing that had it been pursued when Congress assem- 
 bled in the month of December, 1865, the restoration of the States would long 
 since have been completed, I once again earnestly recommend that it be 
 adopted by each house, in preference to legislation which I respectfully submit 
 is not only of at least doubtful constitutionality, and therefore unwise and 
 dangerous as a precedent, but is unnecessary, not so effective in its operation 
 as the mode prescribed by the Constitution, involves additional delay, and from 
 its terms may be taken rather as applicable to a Territory about to be admit- 
 ted as one of the United States, than to a State which has occupied a place in 
 the Union for upwards of a quarter of a century. 
 
 The bill declares the State of Arkansas " entitled and admitted to represen- 
 tation in Congress as one of the States of the Union, upon the following funda- 
 mental condition : 
 
 " That the constitution of Arkansas shall never be so amended or changed 
 as to deprive any citizen or class of citizens of the United States of the right 
 to vote who are entitled to vote by the constitution herein recognized, except 
 as a punishment for such crimes as are now felonies at common law, whereof 
 they shall have been duly convicted under laws equally applicable to all the 
 inhabitants of said State : Provided, That any alteration of said constitution, 
 prospective in its effect, may be made in regard to the time and place of resi- 
 dence of voters." 
 
 I have been unable to find in the Constitution of the United States any war- 
 rant for the exercise of the authority thus claimed by Congress. In assuming 
 the power to impose a " fundamental condition " upon a State which has 
 been duly " admitted into the Union upon an equal footing with the original 
 States in all respects whatever," Congress asserts a right to enter a State as it 
 may a Territory, and to regulate the highest prerogative of a free people — the 
 elective franchise. This question is reserved by the Constitution tO' the States 
 themselves, and to concede to Congress the power to regulate this subject, 
 would be to reverse the fundamental principle of the republic, and to place in 
 the hands of the federal government, which is the creature of the States, the 
 sovereignty which justly belongs to the States or the people, the true source 
 of all political power, by whom our federal system was created, and to whose 
 will it is subordinate. 
 
 The bill fails to provide in what manner the State of Arkansas is to signify 
 its acceptance of the " fundamental condition " which Congress endeavors to 
 make unalterable and irrevocable. Nor does it prescribe the penalty to be 
 imposed should the people of the State amend or change the particular portions 
 
VETO MESSAGE OF BILL OF ADMISSION OF THE STATE. Ixxv 
 
 of the constitution which it is one of the purposes of tlie bill to perpetuate, hut 
 as to the consequence of such action leaves them in uncertainty and doubt. 
 When the circumstances under which this constitution has been brought to 
 the attention of Congress are considered, it is not unreasonable to suppose 
 that efforts will be made to modify its provisions, and especially those in re- 
 spect to which this measure prohibits any alteration. It is seriously ques- 
 tioned whether the constitution has been ratified by a majority of the persons 
 who, under the Act of March 2, 1867, and the acts supplementary thereto, 
 were entitled to registration and to vote upon that issue. Section ten of the 
 schedule provides that " no person disqualified from voting or registering under 
 this constitution shall vote for candidates for any office, nor shall be permitted 
 to vote for the ratification or rejection of the constitution at the polls herein 
 authorized." Assumed to be in force before its adoption, in disregard of the 
 law of Congress, the constitution undertakes to impose upon the elector other 
 and further conditions. The fifth section of the eighth article provides that 
 " all persons, before registering or voting," must take and subscribe an oath, 
 which, among others, contains the following clause : " That I accept the civil 
 and political equality of all men, and agree not to attempt to deprive any 
 person or persons on account of race, color, or previous condition, of any po- 
 litical or civil right, privilege, or immunity enjoyed by any other class of men." 
 It is well known that a very large portion of the electors in all the States, if 
 not a large majority of all of them, do not believe in -or accept the political 
 equality of Indians, Mongolians, or negroes, with the race to which they be- 
 long. If the voters in many of the States of the north and west were re- 
 quired to take such an oath as a test of their qualification, there is reason to 
 believe that a majority of them would remain 0-om the polls rather than 
 comply with its degrading conditions. How far and to what extent this test 
 oath prevented the registration of those who were qualified under the laws of 
 Congress, it is not possible to know ; but that such was its effect, at least suffi- 
 cient to overcome the small and doubtful majority in favor of this constitution, 
 there can be no reasonable doubt. ' Should the people of Arkansas, therefore, 
 desiring to regulate the elective franchise so as to make it conform to the con- 
 stitutions of a large proportion of the States of the north and west, modify 
 the provisions referred to in the " fundamental condition," what is to be the 
 consequence ? Is it intended that a denial of representation shall follow ? 
 And if so, may we not dread, at some future day, a recurrence of the troubles 
 which have so long agitated the country ? Would it not be the part of wisdom 
 to take for our guide the federal Constitution, rather than resort to measures 
 which, looking only to the present, may in a few years renew, in an aggra- 
 vated form, the strife and bitterness caused by legislation which has proved 
 
 to be so ill-timed and unfortunate ? 
 
 Andrew Johnson. 
 
 Washington, D. C, June 20, 1868. 
 
 [The two Houses of Congress proceeding, upon the receipt of the above 
 Message, to reconsider the Act admitting the State to representation in Con- 
 gress, it was resolved, by the House of Representatives, June 20th, and by the 
 Senate, June 22d, 1868, two-thirds of each House agreeing, that the Bill pass ; 
 and it thereupon became a law.] 
 
CONSTITUTION OF ARKANSAS. 
 
SYLLABUS. 
 
 CONSTITUTION OF ARKANSAS. 
 
 ARTICLE I. 
 
 BILL OP EIGHTS. 
 
 SBonoN 
 
 1. Source of political power. — Object of govern- 
 
 ment.— Eight of reform. — Paramount alle- 
 giance due to Federal Government. — Powers 
 of Federal Government to maintain itself. 
 
 2. Liberty of the press and of speech. — Libel. 
 
 3. Equality of all persons before the law. 
 
 4. Eight of public assembly, of instruction to 
 
 representatives, and of petition. 
 
 5. Eight to bear arms. 
 
 6. .Trial by jury. 
 
 7. Excessive bail and fines, cruel punishments 
 
 and detention of witnesses, prohibited. 
 
 8. Eights of accused, in criminal prosecutions. 
 
 9. No person to be held to answer for crime, but 
 
 on presentment or indictment. — Exceptions. 
 — No person to be twice put, in jeopardy of 
 life or liberty, for the same offence. — Or com- 
 pelled to be witness against himself. — Secu- 
 rity for life, liberty, and property. — Eight to 
 bail. — Habeas corpus. 
 
 10. Kedress of injuries and wrongs. 
 
 11. Treason. 
 
 12. Security against unreasonable searches and 
 
 seizures. 
 
 13. Attainder, laws ex post facio^ impairing con- 
 
 tracts, etc., prohibited. 
 
 14. Imprisonment for debt prohibited. — Property 
 
 exemption. 
 
 15. Private property taken for public use. 
 
 .16. Military subordinate to civil power. — Standing 
 army. — Quartering of troops. 
 
 17. State may sue and be sued. 
 
 18. Equality of privileges and immunities. 
 
 19. Protection of right of suffrage. 
 
 20. Eights of foreign-born residents. 
 
 21. Eeligious test and property qualification pro- 
 
 hibited. — Mode of administering oath or 
 affirmation. 
 
 22. Duelling. 
 
 23. Eeligious liberty. — Education. 
 
 24. Tenure of lands. — Leases and grants of land 
 
 for more than twenty-one years. 
 
 25. Action of Convention of 1861, null and void. — 
 
 Exceptions. 
 
 ARTICLE XL 
 
 BOUNDARIES. 
 
 Boundaries of the State. 
 
 ARTICLE III. 
 Seat of government. 
 
 AETICLE IV. 
 
 Section 
 
 1. Departments of government. 
 
 2. Separation of departments of government. 
 
 AETICLE V. 
 
 LEGISLATIVE DEPAETMEHT. 
 
 1. General Assembly. 
 
 2. Times of meeting. 
 
 3. House of Representatives. 
 
 4. Qualifications of Eepresentatives. 
 
 5. Senate. 
 
 6. Qualifications of Senators. 
 
 7. Number of Senators and Eepresentatives. 
 
 8. Census. — Apportionment. 
 
 9. Election of Senators. — Senatorial districts. — 
 
 Term of Senators. 
 10. Eemoval of residence of Senators and Repre- 
 sentatives. 
 ' 11. Persons ineligible to General Assembly. 
 
 12. Privileges of Senators and Eepresentatives. 
 
 13. Quorum. 
 
 14. Powers of each House. — Expulsion of mem- 
 
 bers. 
 
 15. State printing. 
 
 16. Journal. — Yeas and nays. — Protests. 
 
 17. Mode of elections, etc., in General Assembly. 
 
 18. Proceedings to be public. — Adjournments. 
 
 19. Bills — where to originate. 
 
 20. Appropriations. 
 
 21. Passage of bills and joint resolutions. 
 
 22. Acts to embrace but one subject each. — Public 
 
 acts — when to talie effect. 
 
 23. Eevision and amendment of laws, 
 
 24. Introduction of bills during last three days of 
 
 session. 
 
 25. Eegistration of electors. — Frauds in elections. 
 
 26. Publication of statutes. — And judicial decis- 
 
 ions. 
 
 ( Ixxix ) 
 
CONSTITUTION OF ARKANSAS. 
 
 Section 
 
 27. Style of laws. 
 
 28. Conntj', township, and precinct governments. 
 
 29. Penal code. 
 
 30. Change of venue in penal prosecutions. 
 
 31. Appeals in penal cases. — Challenge of jurors. 
 
 32. Selection of juries. 
 
 33. Vacancies in General Assembly. 
 
 34. Vacancies in office. 
 
 35. Bills and concurrent resolutions to be presented 
 
 to Governor, for approval. — Proceedings 
 after veto.— Bill not returned -within three 
 days to become a law. — Approval of acts 
 passed during last three days of session. 
 
 36. Power of each House to imprison for con- 
 
 tempt. 
 
 37. Disfranchisement. — Slavery and involuntary 
 
 servitude, prohibited. — Except for crime. 
 
 38. Compensation, by State, for emancipated 
 
 slaves, prohibited. 
 
 39. Divorces, change of names, sale of estates of 
 
 infants, etc. 
 
 40. Conveyance of real estate— alteration of roads. 
 
 41. Lotteries prohibited. 
 
 42. Compensation and mileage, in case of contested 
 
 election. 
 
 43. Holders of public moneys, in arrears, ineligi- 
 
 ble to Legislature, or to office. 
 
 44. Eegulation of jurisdiction and proceedings in' 
 
 law and equity. 
 
 45. Suits by and against the State. 
 
 46. Maintenance of paupers. 
 
 47. Limitation of powers of municipal corpora- 
 
 tions. 
 
 48. Corporations. 
 
 49. Cities and incorporated villages. 
 
 50. Banking corporations. 
 
 51. Final adjournment. 
 
 ARTICLE VL 
 
 EXECUTIVE DEPARTMENT. 
 
 1. Executive officers.— Term of office.— How cho- 
 
 sen. 
 
 2. Governor. 
 
 3. Qualifications of Governor and Lieutenant 
 
 Governor. 
 
 4. Case of tie, in election for Governor and Lieu- 
 
 tenant Governor.— Governor to be Com- 
 mander-in-Chief. — May require information 
 from officers of Executive Department. 
 
 5. Execution of the laws. 
 
 6. Extra sessions of Legislature. 
 
 7. Messages to General Assembly. 
 
 8. Power to convoke General Assembly elsewhere 
 
 than at seat of government. 
 
 9. Pardoning power.— Reprieve in cases of trea- 
 
 son. — Information concerning each case of 
 pardon, etc., to be communicated to General 
 Assembly. 
 10. Impeachment, disability, etc., of Governor. 
 ( Ixxx ) 
 
 Section 
 
 11. Resignation, etc., of Lieutenant Governor, 
 
 during vacancy in office of Governor. 
 
 12. Duties of Lieutenant Governor. 
 
 13. Persons ineligible to office of Governor. 
 
 14. Compensation of acting Governor. 
 
 15. Official acts of Governor to be authenticated 
 
 by Great Seal of the State. 
 
 16. Notaries Public. 
 
 17. Commissions. 
 
 18. Governor, Chief Justice, etc., to reside at seat 
 
 of government. — Public records to be there 
 kept. 
 
 19. Returns of elections for officers of Executive 
 
 Department. — Case of tie. — Contested elec- 
 tions. 
 
 20. Duties of Secretary of State. 
 
 21. Duties of other officers of Executive Depart- 
 
 ment. 
 
 22. Death or disability of Secretary of State, etc. 
 
 23. Commissioner of Public Works and Internal 
 
 Improvements. — Duties. — Salary. 
 
 24. Compensation of officers of Executive Depart- 
 
 ment. 
 
 25. Officers of Executive Department, and Judges 
 
 of Supreme Court, ineligible to elective 
 offices, during term for which chosen. 
 
 26. Returns of elections. 
 
 ARTICLE VII. 
 
 10. 
 IL 
 
 12. 
 13. 
 14. 
 15. 
 16. 
 17. 
 18. 
 
 19. 
 20. 
 2L 
 22. 
 
 JUDICIAKT. 
 
 Judicial power, where vested. 
 
 Impeachments. — Trial Judgment. 
 
 Terms of Supreme Court. — Justices of Supreme 
 Court.— Term of office. 
 
 Jurisdiction of Supreme Court. 
 
 Inferior Courts. — Appointment of Judges.— 
 Term of office. 
 
 Style of process and indictments. 
 
 Interest, consanguinity, etc., to disqualify 
 Judge from presiding at trial. 
 
 Special Judges for Supreme Court. 
 
 Special Judges for inferior courts. 
 
 Exchange of circuits. 
 
 Instructions to juries.- Findings in trials by 
 the Court. 
 
 Qualifications of Judges. 
 
 Compensation. 
 
 Terms of inferior courts. 
 
 Appeals 
 
 Vacancies in office of Judge. 
 
 Courts of Record. 
 
 Clerk and Reporter of Supreme Court.— Decis- 
 ions.— Term of office of Clerk and Reporter. 
 
 County Clerks. 
 
 Justices of the Peace.— Their jurisdiction. 
 
 Suitors may act in proper person or by attorney. 
 
 Competency of witnesses.-^ udges to be con- 
 servators of the peace. 
 
SYLLABUS. 
 
 ARTICLE VIII. 
 
 fkakchise. 
 Sbotion 
 
 1. Elections to be by ballot. 
 
 2. Qualifications of electors. — Soldiers, sailors, and 
 
 marines. 
 
 3. Classes disfranchised, viz.; — 1st, Persons who, 
 
 after oath of allegiance, or giving bonds for 
 loyalty, encouraged rebellion. — 2d, Persons 
 disfranchised in other States. — 3d, Persons 
 who, during rebellion, violated rules of civil- 
 ized warfare. — 4th, Persons disqualified by 
 proposed 14th Amendment to Constitution of 
 U. S., or Reconstruction Acts. — 5th, Persons 
 guilty of certain crimes. — 6th, Idiots and 
 insane. — Persons in first four classes, sup- 
 porting reconstruction, relieved from disa- 
 bilities. 
 
 4. General Assembly may remove disabilities of 
 
 first four classes. — Except of such as may 
 oppose reconstruction. 
 6. Oath of registration. — Penalties of perjury com- 
 mitted in taking oaths prescribed by Consti- 
 tution. 
 
 6. Privilege of electors. 
 
 7. Intoxicating liquors at elections. 
 
 ARTICLE IX. 
 
 EDUCATION. 
 
 1. Common-school system. — Distribution of school- 
 
 funds. 
 
 2. Supervision of public schools. — Salary and du- 
 
 ties of Superintendent of Public Instruc- 
 tion. 
 
 3. State University. 
 
 4. School-Fund, how formed. — Poll-tax for School- 
 
 Fund. — School-Fund to be inviolate. 
 
 5. Investment of School-Fund. 
 
 6. Three months' session of school, annually, pre- 
 
 scribed. — Education of children, to be made 
 obligator^'. 
 
 7. Deficiency in School-Fund to be supplied by tax . 
 
 8. County school-funds. 
 
 9. Taxation for erection and furnishing of school - 
 
 houses. 
 
 ARTICLE X. 
 
 FINANCES, TAXATION, PUBLIC DEBT, AND 
 EXPENDITURES. 
 
 1. Poll-tax not to be levied, but for school pur- 
 
 poses. 
 
 2. Taxation. — Public property, etc., exempt. — Ap- 
 
 praisements. — Exemption of personal property 
 from taxation. 
 
 3. Property employed in banking, to bear its equal 
 
 burden of taxation. 
 
 4. Revenue. 
 
 5. Levy of taxes. 
 
 6. Loan of State or county credit. 
 
 7. Accounts of State and county officers. 
 
 11 
 
 Section 
 
 8. Disbursements. 
 
 9. State may contract debts to supply deficits in 
 
 revenue. 
 
 10. State may contract debts to repel invasion, etc. 
 
 — To redeem outstanding indebtedness. 
 
 11. Sinking-Fund. 
 
 12. Commissioners of the Sinking-Fund. 
 
 13. Commissioners of the Sinking-Fund to report to 
 
 General Assembly. 
 
 14. Payment of State debt. 
 
 15. Proceeds of lands donated for school purposes. 
 
 16. Assumption, by the State, of debts of corpora- 
 
 tions. 
 
 17. Taxation of occupations, etc. 
 
 ARTICLE XI. 
 
 MILITIA. 
 
 1. Persons liable to military duty. — Exemption on 
 
 grounds of conscience. 
 
 2. Organization of militia. I 
 
 3. Governor to be Commander-in-Chief. 
 
 ARTICLE XII. 
 
 EXEMPTED PROPEKTY. 
 
 1. Exemption of personal property from seizure 
 
 for debt. 
 
 2. Homestead of head of family not to be encum- 
 
 bered. — Except for taxes, mechanics' liens, 
 and purchase-money. 
 
 3. Homestead exemption. 
 
 4. Homestead exemption for benefit of widow. 
 
 5. Homestead exemption for benefit of children 
 
 during minority. 
 
 6. Separate property of female. 
 
 ARTICLE XHL 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 1- Amendments to Constitution, how originated. — 
 To be referred to succeeding Legislature. — 
 Published. — And submitted to the people. 
 
 2. Separate ratification of each amendment. 
 
 ARTICLE XIV. 
 
 APPORTIONMENTS. 
 
 1. Congressional Districts. 
 
 2. Senatorial and" Representative Districts. — Ap- 
 
 portionment of Senators and Representa- 
 tives. 
 
 ARTICLE XV. 
 
 MISCELLANEOUS PROVISIONS. 
 
 1. Constitution to be deposited in office of Secre- 
 
 tary of State.— Copy to be transmitted to 
 President of U. S. 
 
 2. Appointment, duties, etc., of officers, in cases 
 
 not otherwise provided for. 
 
 3. Time of holding general elections. — Term of 
 
 officers chosen at first election. 
 
 ( Ixxxi ) 
 
SYLLABUS. 
 
 Bioi'ioir 
 
 4. Municipal elections for 1868. 
 
 5. Township and precinct offices vacated. — To be 
 
 filled by appointment of Governor, until pro- 
 vision, by General Assembly, for election. 
 
 6. Prosecuting Attorneys. — Term of office. 
 
 7. Compensation of Senators and Eepresentatives. 
 
 8. Mileage. 
 
 9. Compensation of officers, in what funds pay- 
 
 able. 
 
 10. Funds set apart for special purposes. 
 
 11. Codification of Statutes. — Code of practice. — 
 
 Compensation of the codifiers. 
 
 Minimum limits of counties. 
 
 Iniientures of persons, executed out of State, or 
 for more than one year, invalid: Except in 
 cases of apprenticeship of minors. 
 
 Contracts for purchase of slaves, invalid. 
 16. Great Seal of the State. 
 
 16. Private seals abolished. — Ketention of existing 
 
 laws. — Vested rights not to be impaired. 
 
 17. Oath of office. 
 
 18. Term of officers to expire Jan. 1, 1873, unless 
 
 otherwise provided. 
 
 19. Members and officers of Convention not pre- 
 
 cluded from holding office, 
 
 20. Electors, only, to sit on juries. 
 
 21. Laws regulating rate of interest. 
 
 22. Oaths of Judges and Clerks of Election. — Ad- 
 
 ministration of the oath to Judges and 
 Clerks of Election. — To electors. — Judges 
 of Election to act as conservators of the 
 
 12. 
 
 13. 
 
 14. 
 
 peace. 
 
 SCHEDULE. 
 
 1. First election for Representatives in Congress, 
 State and County officers, and General As- 
 sembly : And election for submission of Con- 
 stitution to the people. 
 
 2. Who may vote thereat. 
 
 3. Style of ballot, etc. 
 
 4. Board of Commissioners of the election. — The 
 
 Commissioners may appoint Judges and 
 Clerks of the election. —Times and places of 
 the election. 
 
 5. Returns of the election. 
 
 SSOIIOK 
 
 6. The Commissioners to decide contested elections 
 
 for State offices and General Assembly. — 
 But may refer contested elections for General 
 Assembly, to that body. — To appoint Judges 
 and Clerks of municipal elections.— Returns 
 of municipal elections. 
 
 7. The Commissioners to appoint Boards for de- 
 
 cision of contested county elections. 
 
 8. May review election on ratification of Constitu- 
 
 tion. 
 !). The Commissioners to declare result of election 
 on ratification. — President of Convention to 
 transmit copy of Constitution, with abstract 
 of vote thereon, to President U. S.— Constitu- 
 tion to take effect upon ratification. 
 
 10. Persons disfranchised under Constitution, dis- 
 
 qualified from voting at polls herein author- 
 rized. — Officers elected, when to enter upon 
 their duties. 
 
 11. Prior incumbents to vacate their offices. 
 
 12. Qualifications of voters at the election, how de- 
 
 cided. 
 
 13. Case of candidacy of Commissioner. 
 
 14. Vacancy in Board of Commissioners. 
 
 15. Sale or gift of intoxicating liquor during the 
 
 election, prohibited. — Penalty. 
 
 16. The Commissioners to provide poll-books, etc. — 
 
 Compensation of Judges and Clerks of the 
 election. 
 
 17. Compensation of the Commissioners.— Other 
 
 expenses under Schedule, how paid. 
 
 ORDINANCE 
 
 PKOVIDING FOR ELECTION DNDEK ACT OP 
 CONGEESS. 
 
 1. Registered voter may vote upon ratification, in 
 
 any county where he may be at time of the 
 election. 
 
 2. Style of ballot.— No vote for officers to be 
 
 polled at election in this Ordinance provided 
 for. 
 
 3. Times and places of the election to be desig- 
 
 nated by Board of Commissioners. 
 
 4. Secrecy of the ballot to be inviolate. 
 
 ( Ixxxii ) 
 
THE 
 
 CONSTITUTION 
 
 OF THE 
 
 STATE OF ARKANSAS, 
 
 AS ADOPTED BY THE CONVENTION 
 
 FEBRUARY 11th, 1868. 
 
 Preamble. 
 
 We, the people of Arkansas, grateful to God for our ciW PfsamWe. 
 and religious liberty and desiring to perpetuate its blessings and 
 secure the same to ourselves and our posterity, do ordain and 
 establish this Constitution : 
 
 AETICLE I. 
 Bill op RieiaTS. 
 Section One. All political power is inherent in the peo- Source of pouti- 
 
 cal power. 
 
 pie. Government is instituted for the protection, security object of gov- 
 
 ^ X ' J eminent. 
 
 and benefit of the people, and they have the right to alter Eigw of reform. 
 
 or reform the same whenever the public good may require 
 
 it. But the paramount allegiance of every citizen is due Paramount ai- 
 
 r o J legiance due to 
 
 to the Federal Government in the exercise of all its Con- f^^^V ^'"'" 
 stitutional powers as the same may have been or may be 
 defined by the Supreme Court of the United States ; and 
 no power exists in the people of this or any other State 
 
2 CONSTITUTION OF THE [Art. 1. 
 
 of the Federal Union to dissolve their connection there- 
 with, or perform any act tending to impair, subvert or 
 resist the supreme authority of the United States. The 
 Powers of Fede- Constitution of the United States confers full powers on the 
 
 ral Government 
 
 self"""'*'" ''" Federal Government to maintain and perpetuate its ex- 
 istence, and whensoever any portion of the States, or the 
 people thereof, attempt to secede from the Federal Union, 
 or forcibly resist the execution of its laws, the Federal 
 Government may, by warrant of the Constitution, employ 
 armed force in compelling obedience to its authority. 
 
 Liberty of the SECTION Two. The liberty of the press shall forever 
 
 press and of 
 
 speech. remain inviolate. The free communication of thoughts 
 
 and opinions is one of the invaluable rights of man, and 
 all persons may freely speak, write and publish their sen- 
 timents on all subjects, being responsible for the abuse of 
 Libel. such right. In all criminal prosecutions for libel, the 
 
 truth may be given in evidence to the jury, and if it shall 
 appear to the jury, that the matter charged as libelous is 
 true, and was published with good motives, and for justi- 
 fiable ends, the party shall be acquitted. 
 pe^sons^ "before SECTION Three. The equality of all persons before the 
 the law. ig^^ -g recognized and shall ever remain inviolate ; nor 
 
 shall any citizen ever be deprived of any right, privilege, 
 or immunity, nor exempted from any burden or duty, on 
 account of race, color, or previous condition. 
 ul^'l'ssembi """of ^^^TiON FouR. The citizeus have a right, in a peace- 
 representatives'" ^^^^ manner, to assemble together for their common good, 
 petition. ^^ instruct their representatives and to petition for the 
 redress of grievances, and other proper purposes. 
 Eight to bear SECTION FivE. The citizeus of this State shall have the 
 
 arms. 
 
 right to keep and bear arms for their common defense. 
 Trial by jury. SECTION Six. The right of trial by jury shall remain 
 inviolate and shall extend to all cases at law without 
 regard to the amount in controversy; but a jury trial may 
 
Art. 1.] STATE OF ARKANSAS. 3 
 
 be waived by the parties in all cases, in the manner pre- 
 scribed by law. 
 
 Section Seven. Excessive bail shall not be required. Excessive bail 
 
 ■'- ' and fines, cruel 
 
 nor shall excessive fines be imposed; nor shall cruel or n^'deTent'on of 
 
 unusual punishments be inflicted ; nor witnesses be un- hibitedf^' ^^°' 
 
 reasonably detained. 
 
 Section Eight. In all criminal prosecutions the ac- Rights of ac- 
 cused, in crim- 
 cused shall enjoy the right to a speedy and public trial [^^^ prosecu- 
 
 by an impartial jury of the county or judicial district 
 wherein the crime shall have been committed — which 
 county or district shall have been previously ascertained 
 by law — and to be informed of the nature and cause of 
 the accusation against him ; to have compulsory process 
 for obtaining witnesses in his favor ; and to have the as- 
 sistance of counsel in his defense. 
 
 Section Nine. No person shall be held to answer a No person to be 
 
 ■*• held to answer 
 
 criminal oifense unless on the presentment or indictment ^°^ pri^ntmeut 
 of a grand jury, except in cases of impeachment, or in ExeTuonr' 
 cases of petit larceny, assault, assault and battery, affray, 
 vagrancy and such other minor cases as the General As- 
 sembly shall make cognizable by Justices of the Peace j or 
 arising in the army or navy of the United States, or in 
 the militia when in actual service in time of war or public 
 danger ; and no person after having been once acquitted f °/^''^™ j'" j'^ 
 by a jury, for the same offense, shall be again put in {^^"bertjf for 
 
 , p ,.ji Ti , r J. -x" ■ ■ • 1 the same of- 
 
 jeopardy of life or liberty; but if, m any criminal prose- fense: 
 cution, the jury be divided in opinion, the court before 
 which the trial shall be had may in its discretion dis- 
 charge the jury and commit or bail the accused for trial 
 at the same or the next term of said court ; nor shall any or compelled to 
 
 ' " be witness 
 
 person be compelled in any criminal case to be a witness ''s"""' '"'"'^'^• 
 against himself; nor be deprived of life, liberty or prop- Security for life, 
 erty, without due process of law. All persons shall, be- ^^^r- [^ ^^.j 
 fore conviction, be bailable by sufficient sureties, except 
 for capital offenses — murder and treason — when the proof 
 
4 CONSTITUTION OF THE [Art. 1. 
 
 Habeas corpus, ig evident or the presumption great; and the privilege of 
 the writ of habeas corpus shall not be suspended unless 
 when in cases of rebellion or invasion the public safety 
 may require. 
 
 riefand wrongs! SECTION Ten. Every pcrsou is entitled to a certain 
 remedy in the laws for all injuries or wrongs which he 
 may receive in his person, property or character ; he ought 
 to obtain justice freely and without purchase ; completely 
 and without denial; promptly and without delay; con- 
 formably to the laws. 
 
 Treason. Section Eleven. Trcason against the. State shall only 
 
 consist in levying war against the same, or in 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 on confession in 
 open court. 
 
 ^'atLbT"' Section Twelve. The right of the people to be secure 
 
 sSre?. """^ in their persons, houses, papers and effects against un- 
 reasonable searches and seizures, shall not be violated 
 and no warrant shall issue but upon probable cause, sup- 
 ported by oath or affirmation, and particularly describing 
 the place to be searched and the person or things to be 
 seized. 
 
 i"|"f/aWo'!r S^^TiON Thirteen. No bill of attainder, ex post facto 
 frac^^tc., prol^*^^' noJ^ ^uy law impairing the obligation of contracts, 
 shall ever be passed ; and no conviction shall work cor- 
 ruption of blood or forfeiture of estate. 
 toTebt^rohib ^^^'■'1°^ Fourteen. No person shall be imprisoned for 
 ited. debt in this State ; but this shall not prevent the General 
 
 Assembly from providing for imprisonment or holding to 
 bail persons charged with fraud in contracting said debt. 
 r^pS ""-^ reasonable amount of property shall be exempt from 
 seizure or sale for the paj^ment of debts or liabilities, 
 proper- SECTION FiFTEEN. Private property shall not be taken 
 
 Private 
 
 ty taken for pub- 
 lic use. 
 
 for pubhc use without just compensation therefor. 
 
Art. 1.] STATE OP ARKANSAS. 5 
 
 Section Sixteen. The military shall be subordinate to Military subor- 
 dinate to civil 
 
 the civil power. No standing army shall be kept up in p""'^''- 
 
 ^ . r r Standing army. 
 
 this State in time of peace, and no soldier shall in time Quartering of 
 
 troops. 
 
 of peace be quartered in any house, without the consent 
 of the owner, nor in time of war but in a manner pre- 
 scribed by law. 
 Section Seventeen. Suits may be brought by or against state may sue 
 
 " c J ci ami be sued. 
 
 the State in such manner and in such courts as may be 
 
 by law provided. 
 
 Section Eighteen. The General Assembly shall not Equality of priv- 
 ileges and im- 
 grant to any citizen or class of citizens, privileges or im- munities. 
 
 munities, whiqh upon the same terms shall not equally 
 
 belong to all citizens. 
 
 Section Nineteen. The right of suffrage shall be pro- Protection of 
 
 ° ° -"^ right of suf- 
 
 tected by laws regulating elections, and prohibiting under '^''^^' 
 adequate penalties all undue influence from bribery, tu- 
 mult, or other improper conduct. 
 
 Section Twenty. Foreigners who are, or may become, Rights of for- 
 eign-bom resi- 
 
 hona fide residents of this State, shall be secured the same ''^"'^■ 
 rights in respect to the acquisition, possession, enjoyment 
 and descent of property as are secured to native born 
 citizens. . 
 
 Section Twenty one. No religious test or amount of Religious test 
 
 and . properly 
 
 property shall ever be required as a qualification for any qualification 
 ofl&ce of public trust under the State. No religious test 
 or amount of property shall ever be required as a qualifi- 
 cation of any voter at any election in this State; nor shall 
 any person be rendered incompetent to give evidence in 
 any court of law or equity in consequence of his opinion 
 upon the subject of religion; and the mode of adminis-Mode of admin- 
 
 r -i '-' istering oath or 
 
 tering an oath or affirmation shall be such as shall be most affirmation. 
 consistent with, and binding upon the conscience of the 
 person to whom such oath or affirmation may be admin- 
 istered. 
 
 Section Twenty two. Any person who shall, after the Duelling. 
 
6 CONSTITUTION OF THE [Art. 1. 
 
 adoption of this Constitution, fight a duel or send or ac- 
 cept a challenge for that purpose, or be aider or abettor 
 in fighting a duel, either within this State or elsewhere, 
 shall thereby be deprived of the right of holding any 
 ofiice of honor or profit in this State, and shall be forever 
 disqualified from voting at any election, and shall be pun- 
 ished otherwise in such manner as may be prescribed by 
 law. 
 
 Religious liber- Section Twenty THREE. Eeligiou, morality and knowl- 
 edge being essential to good government, the General As- 
 sembly shall pass suitable laws to protect every religious 
 denomination in the peaceable enjoyment of its own mode 
 
 Education. of public woiship J and to encourage schools and the means 
 of instruction. 
 
 Tenure of lands. -SECTION TwENTY POUR. All lauds in this State are de- 
 clared to be allodial, and feudal tenures of every descrip- 
 
 Leases and tion, with all their incidents, are prohibited. Leases and 
 
 grants of land 
 
 twent"°one "'*° gfauts of land for a longer period than twenty-one years, 
 ^™''^' hereafter made, in which shall be reserved any rent or 
 
 service of any kind, shall be held a conveyance in fee to 
 
 the lessee. 
 Action of Con- SECTION TwENTY FIVE. The actiou of the Convention of 
 
 vention of 1861, 
 
 null and void. ^Yie State of Arkansas, which assembled in the city of- 
 Little Eock on the fourth (4th) day of March, A. D. one 
 thousand eight hundred and sixty one (1861), was, and 
 . is null and void. All the action of the State of Arkansas 
 under the authority of said Convention, of its Ordinances 
 or its Constitution, whether legislative, executive, judicial 
 or military, was, and is hereby declared null and void ; 
 and no debt or liability of the State of Arkansas incurred 
 by the action of said Convention, or of the General As- 
 sembly, or any department of the government under the 
 authority of either, shall ever be recognized as obligatory ; 
 
 Exceptions. Provided, that this Ordinance shall not be so construed as 
 to affect the rights of private individuals arising under 
 
Aet. 2.] STATE OF AEKANSAS. 
 
 contracts between the parties, or to change county bound- 
 aries or county seats, or to make invahd the acts of Jus- 
 tices 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 marriage. 
 
 ARTICLE II. 
 
 Boundaries. 
 
 We do declare and establish, ratify and confirm, the Boundaries of 
 following as the permanent boundaries of said State of 
 Arkansas, that is to say : Beginning at the middle of the 
 main channel of the Mississippi River, on the parallel 
 of thirty-six (36) degrees north latitude ; running from 
 thence west, with the said parallel of latitude, to the 
 Saint Francis river ; thence up the middle of the main 
 channel of said river to the parallel of thirty-six (36) de- 
 grees thirty (30) minutes north ; from thence west with the 
 boundary line of the State of Missouri to the south -west 
 corner of that State ; and thence to be bounded on the 
 west to the north bank of Red river as by Acts of Con- 
 gress 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 boundary line of the State 
 of Texas to the north west corner of the State of Louisi- 
 ana; 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, 
 including an island in said river known as " Belle Point 
 Island " to the thirty-sixth (36th) degree of north latitude 
 — the place of beginning. 
 
CONSTITUTION OF THE [Arts. 3, 4, 5. 
 
 ARTICLE III. 
 
 Seat of govern- The Seat of government shall be at Little Eock, where 
 it is how established. 
 
 meat. 
 
 ARTICLE IV. 
 
 Departments of SECTION One. The poweis of government are divided 
 
 government. 
 
 into three departments — the Legislative, the Executive, 
 and the Judicial. 
 Separation of Section Two. No pcrsou belonging to one department 
 
 departments of . i i • j. j.!, 
 
 government. g]jall excrcise the powers properly belongmg to another, 
 excepting in the cases expressly provided in this Consti- 
 tution. 
 
 ARTICLE V. 
 
 Legislative Department. 
 
 General Assem- SECTION Onb. The legislative power in this State shall 
 ^'' be vested in a General Assembly, which shall consist of a 
 
 Senate and a House of Representatives. 
 
 Times of meet- Section Two. The General Assembly shall meet every 
 two years, on the first Monday of January, at the seat 
 of Government, until altered by law ; but the fi.rst Gen- 
 eral Assembly elected after the adoption of this Consti- 
 tution shall meet on the second (2nd) day of April, A. D. 
 one thousand eight hundred and sixty eight (1868). 
 
 House of Repre- Section Three. The Housc of Representatives shall 
 consist of members chosen every second year by the 
 qualified electors of the several districts. 
 
 Qualifications Section Four. No person shall be a member of the 
 
 tiles- ^°^'^^^™''' House of Representatives who shall not have attained the 
 
Art. 5.] STATE OF ARKANSAS. 9 
 
 age of twenty-one years, and have been one year a resi- 
 dent of this State, who shall not be a male citizen of the 
 United States, who shall not, at the time of his election, 
 have an actual residence in the district he may be chosen 
 to represent, and who shall not be a qualified elector as 
 provided in this Constitution. 
 
 Section Five. The Senate shall consist of members senate. 
 chosen every fourth year by the qualified electors of the 
 several districts. 
 
 Section Six. No person shall be a member of the Sen- Qualifications of 
 ate who shall not have attained the age of twenty-five 
 years, and have been one year a resident of this State, 
 who shall not be a male citizen of the United States, who 
 shall not, at the time of his election, have an actual resi- 
 dence in the district he may be chosen to represent, and 
 who shall not be a qualified elector as provided in this 
 Constitution. . 
 
 Section Seven. The number of members composing Number of sen- 
 the Senate shall -be twenty-six (26), and of the House of resentatives. 
 Eepresentatives eighty-two (82). 
 
 Section Eight. The General Assembly shall provide by census. 
 law for , an enumeration of the inhabitants of this State in 
 the year one thousand eight hundred and seventy-five 
 (1875), and every tenth (10th) year thereafter ; and the Apportionment. 
 first General Assembly elected after each enumeration so 
 made, and also after each enumeration made by the au- 
 thority of the United States, may re-arrange the Sena- 
 torial and Eepresentative districts according to the num- 
 ber of inhabitants as ascertained by such enumeration ; 
 Provided, That there shall be no apportionment other than 
 that made in this Constitution, until after the enumera- 
 tion to be made in the year one thousand eight hundred 
 and seventy-five (1875). 
 
 Section Nine. Senators shall be chosen at the same Election of sen- 
 time and in the same manner that members of the House 
 
10 CONSTITUTION OP THE [Aet. 5, 
 
 Senatorial dis- of Representatives are required to be. Senatorial dis- 
 tricts shall be composed of convenient contiguous terri- 
 tory, and no Representative district shall be divided in 
 the formation of a Senatorial one. The Senatorial dis- 
 
 Tenn of Sena- tricts shall be numbered in reajular series, and the term 
 
 tors. _° _ / 
 
 of Senators chosen for the districts designated bj odd 
 numbers shall expire in two (2) years, and the term of 
 Senators chosen for the districts designated by even num- 
 bers shall expire in four (4) years ; but thereafter Senators 
 shall be chosen for the term of four (4) years, excepting 
 when an enumeration of the inhabitants of the State is 
 made, in which case, if a re-arrangement of the Senatorial 
 districts is made, when the regulation above stated shall 
 govern the term of office. 
 Removal of resi- SECTION Ten. Rcmovals of Scuators and Representa- 
 
 dence of Sena- ^ 
 
 tors and Eepre- tivcs from their respective districts shall be deemed a 
 
 sentatives. ■*■ 
 
 vacation of their ofl&ce. 
 Persons ineiigi- SECTION Eleven. No person holding; anv ofl&ce under 
 
 ble to General ^ o ./ 
 
 Assembly. the United States, or this State, or any •county office, ex- 
 cepting Postmasters, Notaries Public, Officers of the Mili- 
 tia, and township Officers, shall be eligible to, or have a 
 seat in either branch of the General Assembly, and all 
 votes given for any such person shall be void. 
 
 Privileges of Section Twelve. Scuators and Representatives shall. 
 
 Senators and ' 
 
 Jives'''"*^" ^^ ^^^ ^*®®®' (treason, felony, or breach of the peace ex- 
 cepted,) be privileged from arrest during the session of 
 the General Assembly. They shall not be subject to any 
 civil process during the session of the General Assembly, 
 or for fifteen days next before the commencement, and 
 next after the termination of each session. And they 
 shall not be questioned in any other place for remarks 
 made in either House. 
 
 Quorum. SECTION THIRTEEN. A majority of the members of each 
 
 House shall constitute a quorum to transact business, but 
 a smaller number may adjourn from day to day, and com- 
 
Akt. 5.] STATE OF ARKANSAS. 11 
 
 pel the attendance of absent members in such manner and 
 under such penalties as each House may prescribe. 
 
 Section Fourteen. Each House shall choose its own Powers of each 
 
 House. 
 
 ofificers, determine the rules of its proceedings, judge of 
 the qualifications, election and return of its members; 
 and may, with the concurrence of two-thirds of all the Expulsion of 
 
 members. 
 
 members elected, expel a member ; but no member shall 
 be expelled a second time for the same cause, nor for any 
 cause known to his constituents at the time of his election. 
 The reasons for any such expulsion shall be entered upon 
 the Journal, with the names of the members voting 
 thereon. 
 
 Section Fifteen. The General Assembly shall prescribe state printing, 
 by law the manner in which the State printing shall be 
 executed, and the accounts rendered therefor, and shall 
 prohibit all charges for constructive labor. They shall 
 not rescind or alter any contract for such printing, or 
 release the person or persons taking the same, or his or 
 their securities, from the performance of any of the pro- 
 visions of such contract. 
 
 Section Sixteen. Each House shall keep a Journal of Journal, 
 its proceedings, and publish the same, excepting such parts 
 as may require secrecy. The yeas and nays of the mem- Yeas and nays. 
 bers of either House, upon any question, shall be entered 
 on the Journal at the request of five members. Any Protests. 
 member of either House may dissent, and protest against 
 any act, proceeding or resolution which he may deem in- 
 jurious to any person or the public, and have the reason 
 of his dissent entered on the Journal. 
 
 Section Seventeen. In all elections by either House, or Mode of elec- 
 tions, etc., in 
 in joint convention, the votes shall be given viva voce, ^^f'™' Assem- 
 
 All votes on nominations to the Senate shall be taken by 
 yeas and nays, and published with the Journal of its pro- 
 ceedings. 
 
 Section Eighteen. The doors of each House shall be Proceedings to 
 
 be public. 
 
12 CONSTITUTION OF THE [Abt. 5. 
 
 Adjournments, open, uiiless the public welfare requires secrecy. Neither 
 House shall, without the consent of the other, adjourn for 
 more than three days, nor to any other place than where 
 the Greneral Assembly may then be in session. 
 
 Bills -where to SECTION NINETEEN. Bills may Originate in either 
 
 originate. 
 
 House of the General Assembly, but all bills for raising 
 revenue shall originate in the House of Representatives, 
 though the Senate may propose amendments, as on other 
 bills. 
 
 Appropriations. Section Twenty. No portion of the public funds or 
 property shall ever be appropriated by virtue of any 
 resolution. No appropriation shall be made except by a 
 bill duly passed for that purpose. 
 
 Passage of bills Section Twenty ONE. Evcry bill and joint resolution 
 
 and joint reso- 
 lutions, shall be read three times, on different days, in each 
 
 House, before the final passage thereof, unless two thirds 
 
 of the House where the same is pending shall dispense 
 
 with the rules. No bill or joint resolution shall become 
 
 a law without the concurrence of a majority of all the 
 
 members voting. On the final passage of all bills the 
 
 vote shall be taken by yeas and nays, and entered on the 
 
 Journal. 
 
 Acts to embrace Section Twenty TWO. No act shall embrace more than 
 
 but one subject 
 
 Public acts- ^^^ subject, which shall be embraced in its title. No 
 
 rffect. '" '*''" public act shall take effect or be in force until ninety (90) 
 
 days from the expiration of the session at which the same 
 
 is passed, unless it is otherwise provided in the act. 
 
 .Revision and Section Twenty THREE. No law shall be revised, altered 
 
 amendment of 
 
 laws. or amended, by reference to its title only, but the act 
 
 revised, and the section or sections of the act as altered 
 or amended shall be enacted and published at length. 
 
 Introduction of Seotion Twenty FOUR. No ncw bill shall be introduced 
 
 bills durmg last ^v^w.* 
 
 th^ee days of ses- into either House during the last three days of the session 
 without the unanimous consent of the House in which it 
 originated. 
 
Art. 5.] STATE OF ARKANSAS. 13 
 
 Section Twenty five. The General Assembly, at its Registration of 
 
 electors. 
 
 first session, shall provide suitable laws for the registra- 
 tion of qualified electors, and for the prevention of frauds Frauds in eiec- 
 in elections. 
 
 Section Twenty six. The General Assembly shall pro- Publication of 
 
 •' •■ statutes : 
 
 vide for the speedy publication of all statute laws of a 
 
 public nature, and of such iudicial decisions as it may 4".'* judicial :de- 
 
 i^ ' "J •' cisions. 
 
 deem expedient. All laws and judicial decisions shall be 
 free for publication by any person. 
 
 Section Twenty seven. The style of the laws of the style of laws. 
 State shall be " Be it enacted by the General Assembly of 
 the State of Arkansas." 
 
 Section Twenty eight. The General Assembly may county, town 
 
 "^ ship, and pre- 
 
 enact laws providing for county, township or precinct ^"^'^ govem- 
 governments. 
 
 Section Twenty nine. It shall be the duty of the Gen- Pen^i code.. 
 eral Assembly, from time to time, as circumstances may 
 require, to frame and adopt a penal code, founded on 
 principles of reformation. 
 
 Section Thirty. The General Assembly shall not change of venue 
 
 in penal prose- 
 
 change the venue in any criminal or penal prosecution, «utions. 
 but shall provide for the same by general laws. 
 
 Section Thirty one. The General Assembly may pass Appeals in pe- 
 
 ' nal cases. 
 
 laws authorizing appeals in criminal or penal cases, and Challenge of 
 
 regulating the right of challenge of jurors therein. 
 
 Section Thirty two. The General Assembly shall di- selection of ju- 
 ries. 
 
 rect by law when and how juries shall be selected from 
 judicial districts in criminal and civil cases. 
 
 Section Thirty three. The General Assembly shall vacancies in 
 regulate by law by whom and in what manner, writs of '''^'• 
 election shall be issued to fill the vacancies which may 
 happen in either branch thereof 
 
 Section Thirty four. The General Assembly may de- ^^^*"'='«^ '° °f- 
 clare the cases in which any office shall be deemed vacant, 
 and also for the manner of filling the vacancy, where 
 
 r 
 
14 CONSTITUTION OF THE [Art. 5. 
 
 no provision is made for that purpose in this Constitu- 
 tion. 
 Bills and con- SECTION Thiety FIVE. Evcrj bill and concurrent resolu- 
 tions to be pre-tion, oxcept of adjournment, passed by the General As- 
 ^rovai ^^"^ *^" sembly, shall be presented to the Governor for approval 
 before it becomes a law. If he approve, he shall sign it ; 
 Proceedings af- if not, he shall rcturu it with his objections to the House 
 
 ter veto. 
 
 in which it originated, which shall enter the objections at 
 large upon its Journal, and reconsider it. On such recon- 
 sideration, if a majority of the members elected agree to 
 pass the bill, it shall be sent with the objections to the 
 other House, by which it "shall be reconsidered. If ap- 
 proved by a majority of the members elected to that 
 House, it shall become a law. In such cases the vote of 
 both Houses shall be determined by yeas and nays, and 
 the names of the members voting for and against the bUl 
 shall be entered on the Journal of each House respectively. 
 Bill not return- If any bill be not returned by the Governor within three 
 
 ed within three 
 
 a^aw '" ''°™"® (3) days (Sundays excepted) after it has been presented 
 
 to him, the same shall become a law in like manner as if 
 
 he had signed it, unless the General Assembly, by their 
 
 adjournment, prevent its return, in which case it shall 
 
 "msX*' durin'^ ^^^ become a law. The Governor may approve, sign and 
 
 tsesafoT "'''' file in the office of the Secretary of State, within three (3) 
 
 days after the adjournment of the General Assembly, any 
 
 act passed during the last three (3) days of the session, 
 
 and the same shall become a law. 
 
 House to Im- Section Thirty SIX. Each House may punish by im- 
 
 tempt. '^' ™°" prisonment, during its session, any person not a member, 
 
 who shall be guilty of any disorderly or contemptuous 
 
 behavior in their presence ; but no such imprisonment 
 
 shall at any time exceed twenty-four (24) hours. 
 
 Disfranchise- Section Thirty SEVEN. No citizen of this State shall be 
 
 ment. 
 
 disfranchised, or deprived of any of the rights or privileges 
 secured to any citizen thereof, unless the same is done by 
 
Art. 5.] STATE OF ARKANSAS. 15 
 
 the law of the land, or the judgment of his peers, except 
 
 as hereinafter provided. There shall be neither slavery slavery and in- 
 
 '■ •' voluntary servi- 
 
 nor involuntary servitude, either by indentures, appren- ^^^^' p™'^''''- 
 ticeships, or otherwise, in the State, except for the pun- frimT' ^" 
 ishment of crime, whereof the party shall have been duly 
 convicted. 
 
 Section Thirty eight. The General Assembly shall compensation, 
 
 ■^ by. State, for 
 
 have no power to make compensation for emancipated gi"v"s'^''"i.oMb- 
 slaves. ■ , LT''"' 
 
 Section Thirty nine. The General Assembly shall ^^J'^o^^'- „ 
 
 •^ change of 
 
 have no power to grant divorces, to change the names of "f^Sates^^of 
 individuals, or to direct the sale of estates belonging to 
 infants or other persons laboring under legal disabilities, 
 by special legislation ; but, by general laws, shall confer 
 such powers on the courts of justice. 
 
 Section Forty. The General Assembly shall not au- Conveyance of 
 
 real estate — 
 
 thorize, by private or special law, the sale or conveyance alteration of 
 of any real estate belonging to any person, or vacate or 
 alter any road laid out by legal authority, or any street 
 in any city or village, or in any recorded town plat ; but 
 shall provide for the same by general laws. 
 
 Section Forty one. The General Assembly shall not Lotteries pro- 
 
 ■^ hiblted. 
 
 authorize any lottery, and shall prohibit the sale of lot- 
 tery tickets. 
 
 Section Forty two. In case of a contested election, only compensation 
 
 and mileage, in 
 
 the claimant decided' entitled to the seat, in either House ^^'^i^°[i„™°'^''- 
 
 in which the contest may take place, shall receive from 
 
 the State per diem compensation and mileage. 
 
 Section Forty three. No collector, holder, or disburser Holders of pub- 
 lic moneys, in 
 
 of public moneys shall have a seat in the General As- arrears, ^ineiig- 
 sembly, or be eligible to any oflfice of trust or profit under '"^^' "' *» "«««■ 
 this State, until he shall have accounted for, and paid 
 over, as provided by law, all sums for which he is liable. 
 
 Section Forty four. The General Assembly shall Re^Won j^ 
 
 have power to alter and regulate the jurisdiction and P™<=;;'^^°f^, 
 
 equity. 
 
16 
 
 CONSTITUTION OF THE 
 
 [Art. 5. 
 
 Suits by and 
 against the 
 State. 
 
 Maintenance 
 paupers. 
 
 of 
 
 proceedings in law and equity, subject to the provisions 
 of this Constitution. 
 
 Section Forty five. The General Assembly shall di- 
 rect by law in what manner and in what courts suits may 
 be brought by and against the State. 
 
 Section Forty six. It shall be the duty of the General 
 Assembly to make adequate provision for the maintenance 
 of paupers throughout the State. • 
 Limitation of Section Forty SEVEN. The General Assembly shall not 
 
 powers of mu- '' 
 
 S'onr' "°"'^'"'*" have power to authorize any municipal corporation to pass 
 any laws contrary to the general laws of the State, or to 
 levy any tax on real or personal property to a greater ex- 
 tent than two (2) per centum of the assessed value of 
 the same. 
 
 Corporations. Section Forty EIGHT. The General Assembly shall pass 
 
 no special act conferring corporate powers. Corporations 
 may be formed under general laws ; but all such laws 
 may, from time to time, be altered or repealed. Dues 
 from corporations shall be secured by such individual 
 liability of the stockholders, and other means, as may be 
 prescribed by law ; but, in all cases each stockholder 
 shall be liable over and above the stock by him or her 
 owned, and any amount unpaid thereon, to a further 
 sum, at least equal in amount to such stock. The prop- 
 erty of corporations, now existing or hereafter created, 
 shall forever be subject to taxation, the same as the prop- 
 erty of individuals. No right of Avay shall be appropri- 
 ated to the use of any corporation until full compensation 
 therefor shall be first made in money, or first secured by 
 a deposit of money, to the owner, irrespective of any 
 benefit from any improvement proposed by such, corpora- 
 tion; which compensation shall be ascertained by a jury 
 of twelve men, in a Court of Record, as shall be pre- 
 scribed by law. 
 
 corpomtet'^wi- SECTION FoRTY NINE. The General Assembly shall pro- 
 
Art. 6.] STATE OF AEKANSAS. 17 
 
 vide for the organization of cities and incorporated vil- 
 lages by general laws, and restrict their power of taxa- 
 tion, assessment, borrowing money, contracting debts, 
 and loaning their credit, so as to prevent the abuse of 
 such power. 
 
 Section Fifty. All corporations with banking a,nd dis- f^^^^s^ '^°'"'"'" 
 counting privileges, shall, preparatory to issuing bills as 
 currency, deposit the bonds of this State, equal in amount 
 to the capital stock of such corporation, with the Auditor 
 of the State, who shall not permit an issue of circulation, 
 exceeding eighty per centum of the amount of bonds 
 so deposited, such circulation being receivable for all taxes 
 and dues to the State, and the individual liability of stock- 
 holders shall be as hereinbefore directed ; Provided, That 
 corporations chartered or existing under any act of the 
 Congress of the United States shall be exempted from 
 these provisions. 
 
 Section Fifty one. The General Assembly, on the day ^°^*^ adjouin- 
 of final adjournment, shall adjourn at twelve o'clock at 
 noon. 
 
 AETICLE VI. 
 
 Executive Department. 
 
 Section one. The Executive Department of this State Executive offi- 
 shall consist of a Governor, Lieutenant Governor, Secre- 
 tary of State, Auditor, Treasurer, Attorney General and 
 Superintendent of Public Instruction — all of whom shall Term of office. 
 hold their several offices for the term of four years and 
 until their successors are elected and qualified. They How chosen. 
 shall be chosen by the qualified electors of this State at 
 the time and places of choosing the members of the Gen- 
 eral Assembly. 
 
18 CONSTITUTION OP THE [Art. 6. 
 
 Governor. Section Two. The supreoie executive power of this 
 
 State shall be vested in the Governor. 
 Qualifications of SECTION Three. No person shall be eligible to the office 
 
 Governor and 
 
 Governor"' ^f Govemor or Lieutenant Governor who shall not have 
 attained the age of twenty-five years, who shall not have 
 been five years a citizen of the United States, who shall 
 not, at the time of his election, have had an actual resi- 
 dence in this State for one year next preceding his elec- 
 tion, and who shall not be a qualified elector as prescribed 
 in this Constitution. 
 
 Case of tie, in Section Fouk. In elections for Governor and Lieijten- 
 
 electton for Gov- 
 ernor and Lieu- ant Govcmor, the person having the highest number of 
 
 ""'"• votes shall be declared elected. But in case that two 
 
 or more persons shall have an equal, and the highest 
 number of votes for Governor or Lieutenant Governor, 
 the General Assembly shall, by joint vote, choose one of 
 
 Governor to be such pcrsous. The Govcmor shall be Commander-in- 
 
 Commander-in- 
 
 ciiief. Chief of the military and naval forces of the State, and 
 
 may call out such forces to execute the laws, suppress in- 
 surrections, repel invasions, or preserve the public peace. 
 He shall transact all necessary business with other officers 
 
 May require in- of the State Govemmcnt, and may require information in 
 
 formation from . . n ^ rv ' i t-> • t-v 
 
 officers of Exe- writmg of the officcrs of the Executive Department upon 
 
 cutive Depart- J. jr 
 
 ment. ^ny subjcct pertaining to the dxaties of their respective 
 
 offices. 
 Execution of the SECTION PiVE. It shall be the duty of the Governor to 
 
 see that the laws are faithfully executed. 
 Extra sessions SECTION Six. He may couveue the Legislature on ex- 
 
 of Legislature. 
 
 traordmary occasions. 
 Messages to Section Seven. He shall give to the General Assembly, 
 %• and at the close of his official term, to the next General 
 
 Assembly information by Message, concerning the condi- 
 tion of the State, and recommend such means to their 
 consideration as he may deem expedient. 
 
Art. 6.] STATE OF AEKANSAS. 19 
 
 Section Eight. He may convene the General Assembly Power to con- 
 
 •^ '' voke General 
 
 at some other place when the seat of government becomes 4her?^^tha/'Tt 
 dangerous from the prevalence of disease, or the presence ment."'^ govem- 
 of a common enemy. 
 
 Section Nine. He may grant reprieves, pardons and p^^e™'"^ ' ' 
 commutations after conviction for all offenses, except 
 treason and cases of impeachment, upon such conditions 
 and with such restrictions and limitations as he may think 
 proper; subject, however, to such regulations as maybe 
 prescribed by law relative to the manner of applying for 
 pardons. Upon conviction for treason he may suspend Reprieve in 
 
 ^ ^ " '■ cases of trea- 
 
 execution of the sentence until the matter shall be re- ^°°- 
 ported to the General Assembly at its next session, when 
 the General Assembly shall either pardon, commute the 
 sentence, direct the execution of the same or grant a fur- 
 ther reprieve. The Governor shall communicate to the information 
 
 ■•- concerning each 
 
 General Assembly at each session, information concern- f^^ °^ brcom- 
 
 1 n 1 ' j_ j_' j_ 1 municated to 
 
 mg each case of pardon, reprieve or commutation granted, General Assem- 
 bly. 
 and the reasons therefor. 
 
 Section Ten. In case of the impeachment of the Gov- impeachment, 
 
 disability, etc., 
 
 ernor, his removal from office, death, resignation, inability °^ ^oyemor. 
 or removal from the State, the powers and duties of the 
 Governor shall devolve iipon the Lieutenant Governor 
 during the residue of the term or until the disabilities of 
 the Governor are removed. 
 
 Section Eleven. Durina; a vacancy in the office of Gov- Resignation, 
 
 ° •' etc., of Lieut. 
 
 ernor, if the Lieutenant Governor resign, be impeached, gg'"'™cancy*Tn 
 displaced, absent from the State or incapable of acting, nor?^ " 
 the President pro tempore of the Senate, shall act as Gov- 
 ernor until the vacancy be filled, or the disability cease. 
 
 Section Twelve. The Lieutenant Governor shall, by Duties of Lieu- 
 tenant Gover- 
 
 virtue of his office, be President of the Senate, and ""• 
 when there is an equal division he shall give the cast- 
 ing vote. 
 
20 CONSTITUTION OF THE [Art. 6. 
 
 Persons ineiigi- Section THIRTEEN. No member of Congress or any other 
 
 ble to office of • n i • 
 
 Governor. person hoHing any office under the United States or this 
 
 State, shall execute the office of Governor. 
 Compensation SECTION FOURTEEN. The Licutenaut Governor, and the 
 einor?'"^ '"'" President of the Senate pro tempore while performing the 
 office of Governor, shall receive the same compensation 
 as the Governor. 
 Official acts of SECTION FIFTEEN. All official acts of the Governor — his 
 autSicated ^ approval of the laws excepted — shall be authenticated by 
 
 by Great Seal of ^^ ' i m i i 
 
 the State. ^he great Seal of the State, which Seal shall be kept by 
 
 the Secretary of State. 
 Notaries Pub- SECTION SiXTEEN. The Govcrnor shall, by and with the 
 
 lie. " ... 
 
 advice and consent of the Senate, appoint a convenient 
 number of Notaries Public, not to exceed six for each 
 county, who shall discharge such duties as are now, or as 
 may hereafter be prescribed by law. 
 
 Commissions. SECTION SEVENTEEN. All commissions issued to persons 
 
 holding office under the provisions of this Constitution 
 shall be in the name, and by the authority of the people 
 of the State of Arkansas, sealed with the great Seal of the 
 State, signed by the Governor, and countersigned by the 
 Secretary of State. 
 
 Governor, Chief Section EIGHTEEN. The Govcmor, Chief Justicc, Secre- 
 
 Ju^tiC6 6tc> to 
 
 reside 'at seat of tary of State, Treasurer, Auditor, Attorney General and 
 
 government. 
 
 Superintendent of Public Instruction, shall severally re- 
 public records side, and keep all public records, books, papers and docu- 
 
 to be there kept. _ -^ _ ' r r 
 
 ments which may pertain to their respective offices, at 
 the seat of government. 
 Returns of eiec- SECTION NINETEEN. The retums of evci'y election for 
 
 tions for officers 
 
 De artraent™'''"' Grovemor, Lieutenant Governor, Secretary of State, Treas- 
 urer, Auditor, Attorney General and Superintendent of 
 Public Instruction, shall be sealed up and transmitted to 
 the seat of government by the returning officers and di- 
 rected to the presiding officer of the Senate, who, during 
 the first week of the session shall open and publish the 
 
Art. 6.] STATE OF ARKANSAS. 21 
 
 same in presence of the members then assembled. The 
 person having the highest number of votes shall be de- 
 clared elected, but if two or more shall have the highest ^*^®°^''®- 
 and equal number of votes for the same office, one of 
 them shall be chosen by a joint vote of both houses. 
 Contested elections shall likewise be determined by both ^°„g^^*^* ®'^*^" 
 houses of the General Assembly in such manner as is 
 or may hereafter be prescribed by law. 
 
 Section Twenty. The Secretary of State shall keep Duties of secre- 
 
 •' _ -^ tary of State. 
 
 a fair record of all official acts and proceedings of the 
 Gavernor, and shall when required lay the same and all 
 pa,pers, minutes and vouchers relative thereto, before the 
 General Assembly, and shall perform such other duties as 
 are now, or may hereafter be prescribed by law. 
 
 Section Twenty one. The Auditor, Treasurer, Attorney Duties of other 
 
 oificers of Exe- 
 
 General, and Superintendent of Public Instruction, shall ^^'j^^® Depart- 
 perform such duties as are now, or may hereafter be pre- 
 scribed by law. 
 
 Section Twenty two. In case of the death, impeach- ^.^?^''^'^°''g^j^*- 
 ment, removal from the State or other disability of the gt^f "^ ^'*'^' 
 Secretary of State, Treasurer, Auditor, Attorney General, 
 and Superintendent of Public Instruction, the vacancies 
 in their several offices thus occasioned shall be filled by 
 appointment of the Governor, which appointment shall be 
 made for the unexpired terms of said officers, or until 
 said disabilities are removed, or until elections are held 
 to fill said vacancies. 
 
 Section Twenty three. Until the General Assembly ^^^'''"^^^^"3^ 
 shall otherwise provide, the Governor shall appoint a improvement™^ 
 suitable person, who shall be styled Commissioner of 
 Public Works and Internal Improvements, who shall 
 hold his office for the term of four years, and until his 
 successor is duly commissioned and qualified. It shall 
 be the duty of the Commissioner of Public Works Duties. 
 and Internal Improvements to superintend all public 
 
22 CONSTITUTION OF THE [Akt. 7. 
 
 works which may be carried on by the State, and have a 
 supervising control over all internal improvements in 
 which the State is interested, and, until otherwise provided 
 by the General Assembly he shall be ex officio Commissioner 
 of Immigration and of State Lands, and shall perform 
 such other duties as may be prescribed by law. He shall 
 
 Salary. receive for his services the same salary as provided by 
 
 law for the Auditor of State. 
 
 Compensation SECTION TwENTY FOUR. The ofl&cers of the Executive 
 
 of officers of Ex- 
 ecutive Depart- Department, mentioned in this Article, shall, at stated 
 
 times, receive for their services a compensation to be estab- 
 lished by law, which shall not be diminished during the 
 period for which they shall have been elected or appointed. 
 Officers of Ex- SECTION TwENTY FIVE. The ofl&cers of the Executive 
 
 ecutive Depart- i r-i r^ 
 
 ment, and Department and Judges of the Supreme Court shall not 
 
 Judges of Su- '- o i 
 
 eiT'iWe^to'"^eiec- ^® eligible, during the period for which they may be 
 
 live offices, dur- i i n • j. i j. xi • j." nc ± 
 
 ing term for elcctcd or appointed to their respective omces, to any 
 
 which chosen. .. . 'ppi t n ■\ i 
 
 position m the gift of the qualified electors, or of the 
 General Assembly of this State. 
 Returns of eiec- Section Twenty SIX. The rctums of every election foi 
 State, County and Judicial officers, not herein provided 
 for shall be sealed up and transmitted to the seat of Gov- 
 ernment by the returning officers, and directed to the 
 Secretary of State who shall open and publish the same, 
 and the persons so elected shall be duly commissioned by 
 the Governor. 
 
 ARTICLE VIL 
 
 Judiciary. 
 
 whtre vester""' Section One. The Judicial power of the State shall be 
 vested in the Senate sitting as a Court of Impeachment, 
 a Supreme Court, Circuit Courts, and such other courts 
 
 tions. 
 
Art. 7.] STATE OP ARKANSAS. 23 
 
 inferior to the Supreme Court as the General Assembly 
 may from time to time establish. 
 
 Section Two. The House of Representatives shall have impeachments. 
 the sole power of impeachment. All impeachments shall Trial. 
 be tried by the Senate. When sitting for that purpose 
 the Senators shall be upon oath or affirmation, and no 
 person shall be convicted without the concurrence of two- 
 thirds of the members thereof The Chief Justice shall 
 preside, and the Secretary of State shall act as Clerk of 
 this Court ; Provided, that in case of the trial of either of 
 them the person appointed temporarily to perform the 
 duties of the office shall act. 
 
 The Governor, and all other civil officers under this 
 State, shall be liable to impeachment for any misconduct or 
 maladministration of their respective offices; but judg- "Judgment. 
 ment in such cases shall not extend farther than to re- 
 moval from office and disqualification to hold any office 
 of honor, trust, or profit, under this State. The party, 
 whether convicted or acquitted, shall nevertheless be 
 liable to indictment, trial and judgment according to law. 
 
 Section Three. Two terms of the Supreme Court shall Terms of su- 
 preme Court. 
 
 be held at the seat of government annually, provided that 
 the General Assembly may provide by law for holding 
 said court at three other places. The Supreme Court justices of Su- 
 
 . m^ • n ~r • ii • -t pr^me Court. 
 
 shall consist of one Chief Justice, who shall be appointed 
 by the Governor, by and with the advice and consent of 
 the Senate, for the term of eight j^ears, and four Asso- 
 ciate Justices, who shall be chosen by the qualified 
 electors of the State at large for the term of eight years; Term of office. 
 Provided, that two of the Associate Justices first chosen 
 under this Constitution shall serve for four years after the 
 next general election and two of them for eight years 
 after said election, said times to be determined by lot ; 
 but thereafter the Associate Justices shall be chosen for 
 the full term. 
 
24 CONSTITUTION OF THE [Art. 7. 
 
 Jurisdiction of SECTION FouR. The Supreme Court shall have general 
 
 Supreme Court. , . „ . j. r- 1 J 
 
 supervision and control over all inferior courts ot law ana 
 equity. It shall have power to issue writs of error, super- 
 sedeas, certiorari, habeas corpus, mandamus, quo-warranto, 
 and other remedial writs, and to hear and determine the 
 same. Final Judgments in the inferior courts may be 
 brought by writ of error, or by appeal, into the Supreme 
 Court in such manner as may be prescribed by law. 
 
 Inferior courts. Section Five. The inferior courts of the State as now 
 constituted by law, except as hereinafter provided, shall 
 remain with the same jurisdiction as they now possess ; 
 Provided, that the General Assembly may provide for the 
 establishment of such inferior courts, changes of jurisdic- 
 tion, or abolition of existing inferior courts, as may be 
 
 Appointment of deemed requisite. The Judges of the inferior courts 
 
 " ^^' herein provided for, or of such as may hereafter be estab- 
 
 lished by law, shall be appointed by the Governor, by and 
 
 Term of office, with the advicc and consent of the Senate, for the term 
 of six years, and until such time as the General Assembly 
 may otherwise direct ; Provided, that the General Assem- 
 bly shall not interfere with the term of ofl&ce of any Judge. 
 
 style of process: SECTION Six. All writs and othcr processes 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 
 
 And indict- they issue. Indictments shall conclude " Against the 
 
 ments. 
 
 peace and dignity of the State of Arkansas." 
 Interest, con- SECTION Seven. No Judgc shall preside on the trial of 
 
 sanguinity, etc., 
 
 to disqualify anv causc in the event of which he may be interested, or 
 
 Judge from pre- •' j j 
 
 sidmg at trial, -^^^j^ere either of the parties shall be connected with him 
 by af&nity 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. 
 
 Special Judges SECTION EiGHT. In casc all or anv of the iudges of the 
 
 for Supreme •' J & 
 
 Court. Supreme Court shall be disqualified from presiding, on 
 
Art. 7.] STATE OF ARKANSAS. 25 
 
 any cause or causes, the court or judges thereof shall cer- 
 tify the same to the Governor of the State, and he shall 
 immediately commission, specially, the required number 
 of men learned in the law for the trial and determination 
 thereof 
 
 Section Nine. Whenever at ten o'clock, a.m., of the spedai judges 
 
 for inferior 
 
 second day of any term of the inferior courts of this ™"'^'- 
 State, the judge thereof is not present, or if present and 
 he cannot for any cause properly preside at the trial 
 of any case then pending therein, the attorneys of said 
 court then present may elect a special judge, who shall 
 preside during the trial of such case or cases, or shall hold 
 said court until the appearance of the regular judge 
 thereof The proceedings in such cases shall be entered 
 at large upon the record. 
 
 Section Ten.. The judges of the inferior courts may Exchange of dr- 
 temporarily exchange circuits, or hold courts for each 
 other under such regulations as may be prescribed by law. 
 
 Section Eleven. Judges shall not charge juries with instructions to 
 regard to matters of fact, but shall declare the law. In 
 all trials by jury the judges shall give their instructions 
 and charges in writing ; and if the trial is by the court he Findings in 
 
 . . . trials by the 
 
 shall reduce to writing his findings upon the facts in the Court. 
 case, and shall declare the law in the same manner he is 
 required to do when instructing juries. 
 
 Section Twelve. Any judge whose appointment br Qualifications of 
 election is herein provided for, shall be at least twenty- 
 five years of age, a qualified elector of this State, and 
 shall have been for one year an actual resident of the 
 State, and shall reside in the circuit or district to which 
 he may be appointed or elected. 
 
 Section Thirteen. The judges of the Supreme and in- compensation. 
 ferior courts shall, at stated times, receive a compensa- 
 tion for their services as is now or may hereafter be pro- 
 vided by law, and which shall not be diminished during 
 
26 CONSTITUTION OF THE [Akt. 7. 
 
 the respective terms for which they may be elected or 
 appointed. 
 Terms of inferi- SECTION FOURTEEN. The inferior courts shall hold an- 
 
 ur courts. 
 
 nually such terms as the General Assembly may direct. 
 
 Appeals. Section Fifteen. All appeals from inferior courts shall 
 
 be taken in such manner and to such Court's as may be 
 provided by law. Appeals may be taken from courts of 
 Justices of the Peace to such Courts and in such manner 
 as may be prescribed by law. 
 
 Vacancies in of- Section Sixteen. When a vacaucy occurs in the office 
 
 fice or Judge. ^ , 
 
 of Judge of the Supreme, or any of the inferior Courts, it 
 shall be filled by appointment of the Governor ; which 
 appointee shall hold his office the residue of the unex- 
 pired term, and until his successor is elected and quali- 
 fied. 
 Courts of recr Section SEVENTEEN. The Supreme Court and such other 
 
 ord. 
 
 Courts as may be established by law shall be Courts of 
 record, and shall each have a common seal. 
 Cleric and Ee- Section EIGHTEEN. The Supreme Court shall appoint a 
 
 porter of Su- 
 preme Court. clerk of such court, and also a reporter of its decisions. 
 
 Decisions. The dccisions of the Supreme Court shall be in writing 
 and signed by the judges concurring therein. Any judge 
 dissenting therefrom shall give the reasons of such dis- 
 sent in writing, over his signature ; all such decisions 
 shall be filed in the office of the Clerk of the Supreme 
 Court, and be published in such manner as the General 
 
 Term of office of Assembly may direct. The clerk and reporter shall hold 
 
 Clerk and Ke- , . • pf r- t 
 
 porter. tncir rcspcctive offices for the term of six years, subject 
 
 to removal by the Court for cause. 
 
 County Clerks. Section NINETEEN. A county clerk shall be elected by 
 the qualified electors in each organized county in this 
 State, for the term of four years, and shall perform 
 such duties, and receive such fees as are now or may 
 hereafter be prescribed by law. 
 
Art. 7.] STATE OF ARKANSAS. 27 
 
 Section Twenty. In each township in this State there Justices of the 
 
 •*■ Peace. 
 
 shall be elected by the qualified electors thereof two 
 Justices of the Peace, who shall hold their ofl&ces for the 
 term of four years ; Provided, That in such townships 
 as may contain more than two hundred qualified elec- 
 tors, an additional justice of the peace may be chosen. 
 Justices of the Peace shall have exclusive original juris- Their jurisdic- 
 diction in all actions of contract and replevin where the 
 amount in controversy does not exceed two hundred 
 dollars, and concurrent jurisdiction with the Circuit Court 
 where .the amount in controversy does not exceed five 
 hundred dollars. In criminal causes the jurisdiction of 
 justices of the peace shall extend to all matters less than 
 felony for final determination and judgment. 
 
 Section Twenty one. Any suitor in any court in this suitors may act 
 
 in proper per- 
 
 State shall have the right to prosecute or defend his suit f <"" ^y *'- 
 
 o Jt^ torney. 
 
 either in his own proper person or by attorney. 
 
 Section Twenty two. In the courts of this State there competency of 
 
 witnesses. 
 
 shall be no exclusion of any witness in civil actions be- 
 cause he is a party to, or is interested in the issue to be 
 tried, and no person convicted of infamous crime shall be 
 a competent witness in any cause, without the consent of 
 both parties to the controversy ; Provided, That in actions 
 by or against executors, administrators or guardians, in 
 which judgment may be rendered for or against them, 
 neither party shall be allowed to testify against the other 
 as to any transactions with or statements to the testator, 
 intestate or ward, unless called to testify thereto by the 
 opposite party, or required to testify thereto by the court. 
 The judges of the supreme and all inferior courts shall be judges to be 
 
 conservators of 
 
 conservators of the peace throughout their respective t>»e peace, 
 jurisdictions. 
 
28 CONSTITUTION OF THE [Art. 8. 
 
 ARTICLE VIII. 
 
 Franchise. 
 Elections to be SECTION One. Ill all elections by the people the electors 
 
 by ballot. •' r r 
 
 shall vote by ballot. 
 Qualifications of Section Two. Every male person born in the United 
 
 electors. 
 
 States, and every male person who has been naturalized, 
 or has legally declared his intention to become a citizen 
 of the United States, who is twenty-one years old or 
 upwards, and who shall have resided in the State six 
 months next preceding the election, and who at the time 
 is an actual resident of the county in which he oflfers to 
 vote, except as hereinafter provided, shall be deemed an 
 Hoidiers, sail- elector : ProOT'& J, No soldier, or sailor, or marine, in the 
 
 ors, and ma- ' ' 
 
 rines. 
 
 military or naval service of the United States shall ac- 
 quire a residence by reason of being stationed on duty in 
 this State. 
 Classes disfian- Section Three. The followiug classes shall not be per- 
 
 chised, viz: 
 
 mitted to register, or vote, or hold ofl&ce viz : 
 1st, Persons 1st. Thosc who during rebellion took the oath of allegi- 
 
 who, after oath ° ° 
 
 givfng^bonds fOT S'Hce, or gave bonds for loyalty and good behavior to the 
 a'/ed rebemon.""^" United States government, and afterwards gave aid, com- 
 fort or countenance to those engaged in armed hostility to 
 the government of the United States, either by becoming 
 a soldier in the rebel army or by entering the lines of 
 said army, or adhering in any way to the cause of re- 
 bellion, or by accompanying any armed force belonging 
 to the rebel army, or by furnishing supplies of any kind 
 to the same. 
 2d, Persons dis- 2nd. ThosB who are disqualified as elcctors, Or from hold- 
 
 franchised in 
 
 other States. jng ofl&ce in the State or States from which they came, 
 sd, Persons 3d. Thosc pcrsons who during the late rebellion violated 
 
 who, daring re- 
 
 beiiion, violated the rulcs of civilizcd Warfare. 
 
 rules of civil- 
 ized warfare. 
 
Abt. 8.] STATE OF ARKANSAS. 29 
 
 4th. Those who may be disqualified by the proposed 4th, Persons 
 
 •' ^ J f i- disqualified by 
 
 amendment to the Constitution of the United States, ^Xto^^^^'t^ 
 known as Article XIV; and those who have been dis- u°"s.','*or"Eecon- 
 
 ,.„,_ .. n T ^ i/~i struction Acts. 
 
 qualified from registermg to vote for delegates to the Con- 
 vention to frame a Constitution for the State of Arkansas, 
 under the act of Congress entitled "An act to provide for 
 the more efficient government of the rebel States," passed 
 March 2nd, 1867, and the acts supplementary thereto. 
 
 5th. Those who shall have been convicted of treason, sth, Persons 
 
 S""ty of certain 
 
 embezzlement of public funds, malfeasance in office, '^"™«^- 
 crimes punishable by law with imprisonment in the peni- 
 tentiary, or bribery. 
 
 6th. Those who are idiots or insane, eth, idiots and 
 
 Insane. 
 
 Provided, That all persons included in the 1st, 2nd, 3d Support of re- 
 
 ' •*■ ' ' construction, to 
 
 and 4th, sub-divisions of this section, who have openly jfe'r^of ''pereons 
 
 , , -, IT , T n l^ II- included in first 
 
 advocated or who have voted tor the reconstruction pro- four classes. 
 posed by Congress and accept the equality of all men be- 
 fore the law, shall be deemed qualified electors under this 
 Constitution. 
 
 Section Four. The General Assembly shall have the General Assem- 
 bly may remove 
 
 power by a two-thirds vote of each house, approved by gj^f '|„f ^,^3- 
 
 the Governor to remove the disabilities included in the *^^' 
 
 1st, 2nd, 3d and 4th sub-divisions of section three, of 
 
 this Article when it appears that such person applying for 
 
 relief from such disabilities, has in good faith returned to 
 
 his allegiance to the government of the United States ; 
 
 Provided, the General Assembly shall have no power to Except of such 
 
 ' •' as may oppose 
 
 remove the disabilities of any person embraced in the reconstruction. 
 aforesaid sub-divisions who, after the adoption of this Con- 
 stitution by this Convention, persists in opposing the acts 
 of Congress and Reconstruction thereunder. 
 
 Section Five. All persons before registering or voting Oath of regis- 
 
 must take and subscribe the following oath : " I, , do 
 
 solemnly swear, or (affirm,) that I will support and main- 
 tain the Constitution and laws of the United States, and 
 
30 CONSTITUTION OP THE [Art. 8. 
 
 the Constitution and laws of the State of Arkansas ; that I 
 am not excluded from registering or voting by any of the 
 clauses in the first, second, third or fourth sub-divisions 
 of Article VIII of the Constitution of the State of Arkan- 
 sas ; that I will never countenance or aid in the secession 
 of this State from the United States ; that I accept the 
 civil and political equality of all men, and agree not to 
 attempt to deprive any person or persons, on account of 
 race, color or previous condition, of any political or civil 
 right, privilege or immunity enjoyed by any other class 
 of men ; and, furthermore, that I will not in any way 
 injure, countenance in others any attempt to injure per- 
 son or persons, on account of past or present support 
 of the government of the United States, the laws of the 
 United States or the principle of the political and civil 
 equality of all men, or for affiliation with any political 
 Penalties of per- party." Provided, That if any person shall knowingly 
 
 ,jurv committed t n t ^ i-i-/^ •• 
 
 in "taking oattis and falselv take any oath m this Constitution prescribed, 
 
 prescribed by "^ "^ r j 
 
 Constitution. guch pcrsou SO oflfeuding, and being thereof duly con- 
 victed, shall be subject to the pains, penalties and dis- 
 abilities, which, by law are provided for the punishment 
 of the crime of wilful and corrupt perj ury. 
 
 Privilege of SECTION Six. Elcctors shall in. all cases except treason, 
 
 electors. 
 
 felony, or breach of the peace, be privileged from arrest 
 and civil process during their attendance at elections, and 
 in going to and returning from the same. 
 Intoxicating li- SECTION Seven. It shall be the duty of the General As- 
 
 quors at elec- "^ 
 
 sembly to enact adequate laws giving protection against 
 the evils arising from the use of intoxicating liquors at 
 elections. 
 
 tions. 
 
Art. 9.] STATE OF AEKANSAS. 31 
 
 ARTICLE IX. , 
 
 Education. 
 
 Section One. A general diffusion of knowledge and in- common sciiooi 
 
 system. 
 
 telligence among all classes, being essential to the pres- 
 ervation of the rights and liberties of the people ; the 
 General Assembly shall establish and maintain a system 
 of free schools, for the gratuitous instruction of all persons 
 in this State, between the ages of five and twenty-one 
 years, and the funds appropriated for the support of Distribution of 
 common schools shall be distributed to the several coun- 
 ties, in proportion to the number of children and youths 
 therein between the ages of five and twenty-one years, 
 in such manner as shall be prescribed by law, but no 
 religious or other sect or sects shall ever have any exclu- 
 sive right to, or control of any part of the school funds 
 of this State. 
 
 Section Two. The supervision of public schools shall supervision of 
 
 ■"■ public schools. 
 
 be vested in a Superintendent of Public Instruction, and 
 such other officers as the General Assembly shall pro- 
 vide. The Superintendent of Public Instruction shall salary and du- 
 ties of Superia- 
 
 receive such salary, and perform such duties as shall be tendent of Pub- 
 
 ■^ ' -^ lie Instruction. 
 
 prescribed by law. 
 
 Section Three. The General Assembly shall establish state Univers- 
 ity. 
 
 and maintain a State University, with departments for 
 instruction in teaching, in agriculture, and the natural 
 sciences as soon as the public school fund will permit. 
 
 Section Four. The proceeds of all lands that have been schooi-Fund- 
 
 ^ how formed. 
 
 or hereafter may be granted by the United States to this 
 State, and not otherwise appropriated by the United 
 States or this State, also all mines [monies?], stocks, bonds, 
 lands and other property, now belonging to any fund for 
 purposes of education, also the net proceeds of all sales of 
 lands and other property and eflfects that may accrue to 
 
32 CONSTITUTION OF THE [Art. 9. 
 
 this State by escheat, or from sales of estrays or from 
 unclaimed dividends or distributive shares of the estates 
 of deceased persons, or from fines, penalties or forfeitures, 
 also any proceeds of the sales of public lands which may 
 have been or may be hereafter paid over to this State 
 (Congress consenting,) also the grants, gifts, or devises 
 that have been or hereafter may be made to this State 
 and not otherwise appropriated by the terms of the grant, 
 gift or devise, shall be securely invested and sacredly pre- 
 served as a public school fund, which shall be the common 
 property of the State. The annual income of which fund, 
 Poi'-tax for together with one dollar per capita to be annually assessed 
 on every male inhabitant of this State, over the age of 
 twenty-one years, and so much of the ordinary annual 
 
 School-Fund to reveuuc of the State as may be necessary, shall be faith- 
 be inviolate. 
 
 fully appropriated for establishing and maintaining ' the 
 free schools" and the University, in this Article provided 
 for, and for no other uses or purposes whatever. 
 Investment of SECTION FivE. No part of the public school fund shall 
 
 School-Fund. ^ '■ 
 
 be invested in the stocks, or bonds or other obligations 
 of any State, or any County, City, town or corporation. 
 The stocks belonging to any school fund or University 
 fund, shall be sold in such manner, and at such times as 
 the General Assembly shall prescribe, and the proceeds 
 thereof, and the proceeds of the sales of any lands or 
 other property which now belongs or may hereafter belong 
 to said school fund may be invested in the bonds of the 
 United States. 
 
 Three months' SeCTION SiX. No tOWUship Or SChool district shall re- 
 session of . . ■ 
 
 school, annual- ccivc any portiou of the public school fund, unless a free 
 
 \y, prescribed. ^ ' 
 
 school shall have been kept therein for not less than 
 
 three months during the year, for which distribution 
 
 Education of thereof is made. The General Assembly shall require bv 
 
 children, to be •' T. »' 
 
 made obiiga- kw, that cvcry child of sufficient mental and physical 
 ability, shall attend the public schools during the period 
 
Art. 10.] STATE OP ARKANSAS. 33 
 
 between the ages of five and eighteen years, for a 
 term equivalent to three years unless educated by other 
 means. 
 
 Section Seven. In case the public school fund shall be Deficiency in 
 
 School-Fund to 
 
 insufficient to sustain a free school at least three months I*^ supplied by 
 
 tax. 
 
 in every year in each school district in this State, the Gen- 
 eral Assembly shall provide by law, for raising such de- 
 ficiency by levying such tax upon all taxable property in 
 each County, Township or school district as may be 
 deemed proper. 
 
 Section Eight. The General Assembly shall as fais as it County school- 
 funds. 
 
 can be done without infringing upon vested rights, reduce 
 all lands, monies, or other property used or held for school 
 purposes in the various Counties of this State, into the 
 public school fund herein provided for. 
 
 Section Nine. Provision shall also be made, by general Taxation for 
 
 ' •/ a erection and 
 
 laws, for raising such sum or sums of money by taxation, s^oof-hlfuses?^ 
 or otherwise in each school district as may be necessary 
 for the building and furnishing of a sufficient number of 
 suitable school houses for the accommodation of all the 
 pupils within the limits of the several school districts. 
 
 ARTICLEX. 
 
 Finances, Taxation, Public Debt and 
 Expend itures. 
 
 Section One. The levying of taxes by the poll is griev- Poii-tax not to 
 
 be levied, but 
 
 ous and oppressive ; therefore the General Assembly shall ''"J^J'^'""'' p""'" 
 never levy a poll tax excepting for school purposes. 
 
 Section Two. Laws shall be passed taxing by a uni- Taxation. 
 form rule all money credit, investments in bonds, joint 
 stock companies, or otherwise ; and also all real and per- 
 sonal property according to its true value in money ; but 
 
34 
 
 CONSTITUTION OP THE 
 
 [Art. 10. 
 
 taxation. 
 
 Public proper- burvinac STOunds, public school houses, houses used exclu- 
 
 ty, etc., exempt. J o o ' r 
 
 sively for public worship, institutions of purely public 
 charity, public property used exclusively for any public 
 
 Appraisements, purposc, shall ncver be taxed. Eeal estate shall be ap- 
 praised at least once every five years by an appraiser 
 to be provided for by law, at its true value in money. 
 Personal property shall be appraised in such manner as 
 may be provided by law at its true value in money, but 
 
 Exemption of the General Assembly may exempt from taxation personal 
 
 personal prop- ^ •/ 
 
 tion. *^""" '^*- property to the value of five hundred dollars to each 
 
 tax payer. 
 Property em- SECTION Three. The General Assembly shall provide 
 
 ployed in banlc- "^ ■*• 
 
 'equ'ai'°burden 'of by law, for taxing the notes and bills discounted or pur- 
 chased, monies loaned, and all other propertj^, effects or 
 dues of every description, without deduction, of all banks 
 now existing, or hereafter created, and of all bankers, so 
 that all praperty employed in banking, shall always bear 
 a burden of taxation equal to that imposed on other prop- 
 erty of individuals. 
 
 Section Four. The General Assembly shall provide for 
 raising revenue sufficient to defray the expenses of the 
 State, for each year ; and also a sufficient sum to pay the 
 interest on the State debt. 
 
 Section Five. No tax shall be levied " except in pur- 
 suance of law ; and every law imposing a tax, shall state 
 distinctly the object of the same. 
 
 Section Six. The credit of the State or counties, shall 
 never be loaned for any purpose without the consent of 
 the people thereof, expressed through the ballot box. 
 
 Section Seven. The General Assembly may require the 
 exhibit of receipts and expenditures of State and county 
 officers at such time and manner as may be prescribed by 
 law. 
 
 Section Eight. No money shall be paid out of the treas- 
 ury, until the same shall have been appropriated by law. 
 
 Revenue. 
 
 Levy of taxes. 
 
 Loan of State or 
 county credit. 
 
 Accounts of 
 
 State and coun- 
 ty officers. 
 
 Disbursements. 
 
Art. 10.] STATE OF ARKANSAS. 35 
 
 Section Nink The State may contract debts to supply state may con- 
 
 . . tract debts to 
 
 casual dencits or failures in revenues, or to meet expenses -'"pp'^ deficits 
 
 ^ 111 revenue. 
 
 not otherwise provided for ; and the money arising from 
 
 the creation of such debts shall be appropriated to the 
 
 purpose for vt^hich it was obtained, or to pay the debt so 
 
 contracted, and to no other. 
 
 Section Ten. In addition to the above power, the State to repei inva- 
 sion, etc. 
 
 may contract debts to repel invasion, suppress insurrec- 
 tion, preserve the public peace, defend the State in time 
 of war, or to redeem the present outstanding indebtedness To redeem out- 
 of the State ; but the money arising from the contracting debtedness. 
 of such debts shall be applied to the purpose for which it 
 was raised, and no other, and all debts incurred to redeem 
 the present outstanding indebtedness of the State, shall 
 be so contracted as to be payable by the sinking fund 
 hereinafter provided for, as the same shall accumulate. 
 
 Section Eleven. The faith of the State bemg pledged sinUing-Fund. 
 for the payment of its debt, in order to provide therefor, 
 there shall be created a sinking fund ; which shall be suf- 
 ficient to pay the accruing interest on such debt, and an- 
 nually to reduce the same. The said sinking fund shall 
 consist of such net earnings and profits, of public institu- 
 tions, bonds, stocks or other property of the State, or of 
 any other funds or resources, that are or may be provided 
 by law. 
 
 Section Twelve. The Governor, Secretary of State, and Commissioners 
 
 of the Sinking- 
 Attorney General, are hereby created a Board of Com- ^""°^- 
 
 missioners to be styled " the Commissioners of the Sink- 
 ing Fund." 
 
 Section Thirteen. The Commissioners of the Sinking commissioners 
 
 of the Sinking- 
 
 Fund shall, immediately preceding each regular session fund to report 
 
 ' ./ r & & to General As- 
 
 of the General Assemblj^, make an estimate of the prob. ^^"'^^y- 
 able amount of the fund provided by the eleventh section 
 of this Article, from all sources, except from taxation, 
 and report the same, together with all their proceed- 
 
36 CONSTITUTION OF THE [Aet. 11. 
 
 ings relative to said fund and the public debt, and transmit 
 the same to the General Assembly, and the General As- 
 sembly shall make all necessary provision for raising and 
 disbursing said sinking fund, in pursuance of the pro- 
 visions of this Article. 
 Payment of SECTION" FOURTEEN. It shall bo the duty of said Com- 
 
 State debt. 
 
 missioners faithfully to apply in such manner as the Gen- 
 eral Assembly may by law direct, said fund, together 
 with all moneys that may be, by the General Assembly, 
 appropriated to that object, to the payment of the interest 
 as it becomes due and the redemption of the principal of 
 the public debt of the State, excepting only school and 
 trust funds held by the State. 
 Proceeds of Section Fipteen. The principal arising from the sale of 
 
 lands donated 
 
 ^"^^J"^""^ puf- all lands donated to the State for school purposes, shall 
 be paid into the Treasury, and the State shall pay interest 
 thereon for the support of schools at the rate of six per 
 cent, per annum. 
 
 Assumption, by Section Sixteen. The State shall never assume the 
 
 the State, of 
 
 rations"^ ''°'^°' ^^^^ ^^ couuty, towu, city or other corporation, unless 
 such debts have been created to repel invasion, suppress 
 insurrection, or to provide for the public welfare and de- 
 fense. 
 
 Taxation of oc- Section SEVENTEEN. The General Assembly shall tax 
 
 cupation, etc. . 
 
 all privileges, pursuits and occupations, that are of no real 
 use to society; all others shall be exempt, and the amount 
 thus raised shall be paid into the treasury. 
 
 AETICLE XI. 
 
 Militia. 
 Persons liable to Section Onb. All able bodicd electors in this State, 
 
 military duty. , m , t i ^ -t, -, ■ ■, ... 
 
 shall be liable to mihtary duty in the mihtia of this State, 
 
Art. 12.] STATE OF ARKANSAS. 37 
 
 but all citizens of any denomination whatever who from Exemption ou 
 
 ■^ grounds of con- 
 
 scruples of conscience may be adverse to bearing arms, s<^'«n'=^- 
 shall be exempt therefrom, \ipon such conditions as may 
 be prescribed by law. 
 
 Section Two. The General Assembly shall provide for ^j^t^'^*''™ "■ 
 organizing, equiping and disciplining the militia in such 
 manner as it shall deem expedient, not incompatible with 
 the laws of the United States. 
 
 Section Three. The Governor shall be, Commander-in- Governor to be 
 
 ' Commander-in- 
 
 Chief, and shall have power to call out the militia to '^'"^*^' 
 
 execute* the laws, to suppress insurrection, to repel in- 
 vasion, and to preserve the public peace. 
 
 AETICLE XII. 
 
 Exempted Property. 
 Section One. The personal property of any resident Exemption of 
 
 personal prop- 
 
 of this State, to the value of two thousand dollars, to be ^"^y ^™™ »«'==- 
 
 ' ure for debt. 
 
 selected by such resident, shall be exempted from sale on 
 execution or other final process of any court, issued for 
 the collection of any debt, contracted after the adoption 
 of this Constitution. 
 
 Section Two. Hereafter the homestead of any resident Homestead of 
 
 head of family 
 
 of this State, who is a married man or head of a family ■">' '» J^^ ™- 
 
 ^ cumbered: 
 
 shall not be encumbered in any manner while owned by 
 
 him, except for taxes, laborers and mechanic's liens, and Except for tax- 
 es, meciianics' 
 
 securities for the purchase 'money thereof H^"'. an* p"- 
 
 ^ •' cliase money. 
 
 Section Three. Every homestead not exceeding one Homestead ex- 
 hundred and sixty acres of land, and the dwelling and 
 appurtenances thereon j to be selected by the owner 
 thereof, and not in any town, city or village ; or in lieu 
 thereof, at the option of the owner ; any lot in any city, 
 town or village, with the dwelling and appurtenances 
 
38 CONSTITUTION OF THE [Art. 12. 
 
 thereon, owned and occupied by any resident of this State, 
 and not exceeding the value of five thousand dollars, 
 shall be exempted from sale on execution or any other 
 final process from any court ; but no property shall be 
 exempt from sale for taxes, for the payment of obligations 
 contracted for the purchase of said premises, for the erec- 
 tion of improvements thereon, or for labor performed for 
 the owner thereof; Provided, That the benefit of the 
 homestead herein provided for, shall not be extended to 
 persons, who may be indebted for dues to the State, 
 county, township, school or other trust funds. 
 Homestead ex- Section Four. If the owuer of a homestead die leaving 
 
 emption for ben- 
 efit of widow: a widow ; but no children the same shall be exempt, and 
 
 the rents and profits thereof, shall accrue to her benefit, 
 
 during the time of her widowhood, unless . she be the 
 
 owner of a homestead in her own right. 
 
 And of children SECTION FiVE. The homcstcad of a family 'after the 
 
 during minor- •' 
 
 ^'y- death of the owner thereof, shall be exempt from the 
 
 payment of his debts in all cases, during the minority of 
 his children, and also, so long as his widow shall remain 
 unmarried, unless she be the owner of a homestead in her 
 own right. 
 
 Separate prop- SECTION Six. The real and personal property of any 
 
 erty of female. _ r ir r ^ J 
 
 female, in this State, acquired either before or after mar- 
 riage whether by gift, grant, inheritance, devise, or other- 
 wise, shall so long as she may choose ; be and remain the 
 separate estate and property of such female, and may be 
 devised, or bequeathed by her, the same as if she were a 
 femme sole. Laws shall be passed providing for the regis- 
 tration of the wife's separate property, and when so reg- 
 istered ; and so long as it is not entrusted to the manage- 
 ment or control of her husband, otherwise than as an 
 agent, it shall not be liable for any of his debts, engage- 
 ments or obligations. 
 
Art. 13.] STATE OF ARKANSAS. 39 
 
 ARTICLE XIIT. 
 
 Amendments to the Constitution. 
 Section One. Any amendments to this Constitution Amendments to 
 
 Constitution, 
 
 may be proposed, in either House of the General Assem- >">'' originated. 
 
 bly ; and if the siime, shall be agreed to, by a majority of 
 
 the members elected to each of the two Houses ; such 
 
 proposed amendment shall be entered on their journals, 
 
 with the yeas and nays taken thereon, and referred to To be referred 
 
 to succeeding 
 
 the Legislature, to be chosen at the next general election, legislature: 
 and shall be published as provided by law, for three Published: 
 months previous to the time of making such choice, and 
 if the General Assembly so next chosen as aforesaid, 
 such proposed amendment, or amendments, shall be 
 agreed to, by a majority of all the members elected to 
 each House, then it shall be the duty of the General As- 
 sembly, to submit such proposed amendment, or amend- J^"he''"Mpie'*'^ 
 ments, to the people in such manner, and at such time 
 as the General Assembly shall provide ; and if the people 
 shall approve, and ratify such amendment or amendments, 
 by a majority, of the electors, qualified to vote for mem- 
 bers of the General Assembly voting thereon, such amend- 
 ment or amendments, shall become a part of the Consti- 
 tution of this State. 
 
 Section Two. If two or more amendments shall be Separate ratifi- 
 cation of each 
 
 submitted at the same time, they shall be submitted in amendment. 
 such manner that the electors, shall vote for, or against, 
 each of said amendments separately. 
 
40 
 
 CONSTITUTION OF THE 
 
 [Art. 14. 
 
 ARTICLE XIV. 
 
 Apportionment. 
 
 Senatorial and 
 Representative 
 Districts. 
 
 Congressional Section One. The Congressional districts shall remain 
 
 X)istricts> 
 
 as they now are : Provided, That the General Assembly 
 may, at the first session held after the adoption of this 
 Constitution, re-district the State for Congressional pur- 
 poses. 
 
 Section Two. Until after the apportionment, as herein 
 provided for, the Senatorial and Representative Districts 
 shall be composed of the following counties, to-wit ; the 
 1st of Jackson, Craighead, Poinsett, Cross and Missis- 
 sippi ; 2nd of Lawrence, Randolph and Greene ; 3d of 
 Madison, Marion, Carroll, Fulton and Izard; 4th of In- 
 dependence and Van Buren ; 5th of Searcy, Pope and 
 Conway; 6th of Newton, Johnson and Yell; 7th of 
 Washington and Benton ; 8th of Crawford, Franklin and 
 Sebastian ; 9th of Crittenden, St. Francis and Woodruff; 
 10th of Pulaski and White ; 11th of Phillips and Mon- 
 roe ; 12th of Prairie and Arkansas ; loth of Scott, Polk, 
 Montgomery and Hot Springs ; 14 th of Hempstead ; 15th 
 of Lafayette and Little River; 16th of Union and Cal- 
 houn ; 17th of Clark, Pike and Sevier ; 18th of Columbia ; 
 19th of Ouachita ; 20th of Jefferson and Bradley ; 21st 
 of Dallas, Saline and Perry ; 22nd of Ashley, Chicot, 
 Drew and Desha. The Senators and Representatives 
 Eepresenitatives. gball be apportioned among the several Senatorial and 
 Representative Districts as follows, to-wit : 
 
 1st district — 1 Senator and four Representatives. 
 2nd district — one Senator and three Representatives. 
 3d district — one Senator and four Representatives. 
 4th district — one Senator and three Representatives. 
 5th district — one Senator and three Representatives. 
 
 Apportionment 
 of Senators and 
 
Art. 15.] STATE OF ARKANSAS. 41 
 
 6th district — one Senator and three Representatives. 
 
 7th district — one Senator and four Representatives. 
 
 8th district — one Senator and four Representatives. 
 
 9th district — one Senator and four Representatives. 
 10th district — two Senators and six Representatives. 
 11th district — two Senators and six Representatives. 
 12th district — one Senator and four Representatives. 
 13th district — one Senator and three Representatives. 
 14th district — one Senator and three Representatives. 
 15th district — one Senator and three Representatives. 
 16th district — one Senator and two Representatives. 
 17th district — one Senator and four Representatives. 
 18th district — one Senator and three Representatives. 
 19 th district — one Senator and two Representatives. 
 20th district — two Senators and six Representatives. 
 21st district — one Senator and two Representatives. 
 22nd district — two Senators and six Representatives. 
 
 ARTICLE XV. 
 
 Miscellaneous Provisions. 
 Section One. The President of the Convention shall, Constitution to 
 
 be deposited in 
 
 immediately after the adjournment thereof, cause this ^"^^o" gt^^e"' 
 
 Constitution to be deposited in the ofl&ce of the Secretary 
 
 of State, and shall transmit a copy of the same to the Copy to be trans- 
 mitted to Presi- 
 
 President of the United States, to be by him laid before dentofu.s. 
 the Congress of the United States. 
 
 Section Two. In all cases not otherwise provided for Appointment, 
 
 ■^ duties, etc., of 
 
 in this Constitution, the General Assembly may deter- ««<=«"- ^^^j;^^^ 
 mine the mode of filling all vacancies in all offices, and ^'■'"" ^ 
 of choosing all necessary officers, and shall define their 
 respective powers and duties, and provide suitable com- 
 pensation for all officers. 
 
42 CONSTITUTION OF THE [Art. 15. 
 
 Time of holding Sectxon Threb. All general elections shall be held on 
 
 general elec- 
 tions, the Tuesday succeeding the first Monday in November, 
 
 and shall be biennial commencing at the general elec- 
 
 Term of officers tion of A.D. 1868; but all ofl&cers elected xmder the 
 
 chosen at first ' 
 
 election. provisious of this Constitution and schedule, except mem- 
 
 bers of Congress, at the election commencing on the 13th 
 • day of March, 1868, shall hold and continue in office in 
 accordance with the provisions of this Constitution the 
 same as though elected at the general election, to be held 
 on the Tuesday succeeding the first Monday in November* 
 1868 ; and no election^ shall be held for said ofl&cers at 
 the general election of 1868. 
 
 Municipal eiec- SECTION FouR. All chartered cities and villages under 
 
 tions for 1868. _ ° 
 
 the laws of this State, shall hold their municipal elections 
 for the year 1868 at such times and places as may be 
 provided in this Constitution and the schedule to the 
 same. 
 Township and Section Five. The term of ofl&ce of all township and 
 
 precinct omces • ^ 
 
 vacated. preciuct ofl&cers shall expire thirty days after this Con- 
 
 To be filled by stitution goes iuto cfFect, and the Governor shall there- 
 appointment of "^ 
 
 Governor: g^£j.gj. appoint SUch oflRcCrS whose term of ofl&ce shall con- 
 
 by "Gen''eral'''A8- ^i"^^^ '^"t^^ *^^ General Assembly shall provide by law 
 
 semblv, for elec- /. i j.' /. • i <y. 
 
 tion. lor an election oi said ofl&cers. 
 
 torneTs"""^ ^'" SECTION Six. Until the General Assembly shall other- 
 wise provide, a prosecuting attorney for each judicial cir- 
 cuit shall be appointed by the Governor by and with the 
 
 Term of office, advicc and consent of the Senate, who shall hold his 
 ofl&ce for the term of four years, and until his successor 
 is chosen and quahfied : Provided, That the General 
 Assembly shall not interfere with the term of any 
 appointed prosecuting attorney. 
 
 of'"senatore"and SECTION Seven. The Compensation of Senators and Rep- 
 
 Representatives. reseutativcs shall be six dollars per diem, during the 
 first session after the adoption of this Constitution, but 
 may afterwards be prescribed by law: Provided, No in- 
 
Art. 15.] STATE OF ARKANSAS. 43 
 
 crease of compensation shall be prescribed which shall 
 take effect until the period for which the members of 
 the House of Representatives then existing shall have 
 expired. 
 
 Section Eight. Senators and Representatives shall re- Mileage. 
 ceive twenty cents for each mile necessarily travelled in 
 going to, and returning from the seat of government < 
 in attending each session of the General Assembly, until 
 otherwise provided by law. 
 
 Section Nine. All salaries, fees and per diem, or other Compensation 
 
 of officers, in 
 
 compensation of all State, county, town or other ofl&cers ^jjj^' '■"■"^^ p^J'- 
 within the State, shall be payable in such funds as may 
 by law be receivable for State taxes. 
 
 Section Ten. Any public fund set apart by the General Funds set apart 
 
 for special pur- 
 
 Assembly for one purpose, shall not be used for another p°^^^' 
 unless in each case otherwise specially authorized by law. 
 
 Section Eleven. This Convention shall appoint not codification of 
 
 '■ '■ Statutes. 
 
 more than three persons, learned in the law, whose duty 
 
 it shall be to revise and rearrange the statute laws of 
 
 this State, both civil and criminal, so as to have but one 
 
 law on any one subject ; and, also, three other persons. Code of practice. 
 
 learned in the law, whose duty it shall be to prepare a code 
 
 of practice for the courts, both civil and criminal, in this 
 
 State, by abridging and simplifying the rules of practice 
 
 and laws in relation thereto ; all of whom shall, at as 
 
 early a day as practicable, report the result of their labors 
 
 to the General Assembly for their adoption or modificar 
 
 tion. The General Assembly shall provide suitable com- compensation 
 
 p • 1 of the codifiers. 
 
 pensation for said persons appointed as aforesaid. 
 
 Section Twelve. No county now established by Minimnm limits 
 
 _ of counties. 
 
 law shall ever be reduced by the establishment of 
 any new county or counties, to less than six hundred 
 square miles; nor shall any county be hereafter estab- 
 lished which shall contain less than six hundred square 
 miles. 
 
44 CONSTITUTION OF THE [Art. 15. 
 
 Indentures of Section THIRTEEN. No indenture of any person here- 
 
 peisons, execut- 
 or ""for"^ mo°e ^^^^^ made and executed out of this State, or if made in 
 invalid!"* ^**'^' this State, where the term of service exceeds one year, 
 Except in cases shall be of the least validity, except those given in 
 
 of apprenticeship ./ i u 
 
 of minors. cascs of apprenticeships 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 eighteen years if a 
 female. 
 
 Contracts for SeCTION FOURTEEN. All COUtracts for the sale or pur- 
 
 purchase of 
 
 slaves, in- chase of slavcs are null and void, and no Court of this 
 
 valid. ' 
 
 State shall take cognizance of any suit founded on such 
 contracts ; nor shall any amount ever be collected or re- 
 covered on any judgment or decree which shall have been, 
 or which hereafter may be, rendered on account of any 
 such contract or obligation on any pretext, legal or other- 
 wise. 
 Great Seal of Section Fifteen. There shall be a great seal of the 
 
 the State. O 
 
 State which shall be kept and used ofl&cially by the Secre- 
 tary of State, and the seal heretofore in use in this State, 
 shall continue to be the great seal of the State, until 
 another shall have been adopted by the General As- 
 sembly. 
 
 Tbiirshed. '**'' Section Sixteen. Private seals are hereby abolished, 
 and hereafter no distinction shall exist between sealed 
 and unsealed instruments, concerning contracts .between 
 
 Retention of ex- individuals. All laws of this State not in conflict with 
 
 isting laws. 
 
 this Constitution, shall remain in full force until other- 
 wise provided by the General Assembly, or until they ex- 
 vested rights pire by their own limitation. Nothing herein shall be 
 
 not to be im- ^ •' o 
 
 paired. coustrucd to impair vested rights under provisions of ex- 
 
 isting laws. 
 
 Oath of office. Section SEVENTEEN. All officers of this State, executive, 
 legislative and judicial, before they enter upon the duties 
 of their respective offices, shall take the following oath : 
 " I, , do solemnly swear, (or affirm,) that I am not 
 
Art. 15.] STATE OF ARKANSAS. 45 
 
 disfranchised by the Constitution or laws of the United 
 States, or the Constitution of the State of Arkansas, that 
 I will honestly and faithfully support and defend the 
 Constitution and laws of the United States, the Union of 
 States, and the Constitution and laws of the State of Ar- 
 kansas, and that I will honestly and faithfully discharge 
 the duties of the oflS.ce on which I am about to enter, to 
 the best of my ability. So help me God." 
 
 Section Eighteen. The term of all officers elected or Term of officers 
 
 to expire Jan. 
 
 appointed under the provisions of this Constitution shall J^he^fs^ ""'^o" 
 expire on the first day of January, 1873, unless herein ''"^"^• 
 otherwise provided. 
 
 Section Nineteen. No one shall be precluded from Members and 
 
 . . officers of Con- 
 
 bemg elected or appointed to any office by reason of J',™]^^" ""'jP^'^" 
 having been a delegate to this Convention, or an officer ''"'"'"^ °'^"'- 
 of the same. 
 
 Section Twenty. No person shall be allowed or quali- Electors, only, 
 
 , _ ^ to sit on juries. 
 
 fied to sit on any jury who is not a qualified elector. 
 
 Section Twenty one. The General Assembly may by ^awa regulating 
 
 •' J J fate of interest. 
 
 general law, declare the legal rate of interest upon con- 
 tracts in which no rate of interest is specified, but no law 
 limiting the rate of interest for which individuals may 
 contract in this State, shall ever be passed. 
 
 Section Twenty two. All Judges and Clerks of Election o^'^s of Judges 
 
 " and Clerks of 
 
 appointed under provisions of this Constitution, shall take ^'^'=''"°- 
 and subscribe to the oath of an elector as provided in 
 Section five, of Article VIII before they enter upon the 
 duties of said offices; and said Judges are hereby author- Administration 
 
 ' ° -^ of the oath to 
 
 ized to administer the oath to each other and to the ^"erk? of Efe"*^ 
 Clerks;, also to administer the same to all electors offering To"eiector3. 
 to vote. Said Judges and Clerks shall also swear to dis- 
 charge their respective duties to the best of their ability 
 according to law. Judges of election may appoint a suit- fj^^se^^^^ ^'^^^ 
 able number of persons, who shall, with themselves, be t™ 
 conservators of the peace, and they are hereby empowered 
 
 act as 
 conservators o f 
 peace. 
 
46 CONSTITUTION OF THE [Schedule. 
 
 to arrest all offenders. Any one refusing to act as such 
 when called on by the Judges, shall be subject to a fine 
 of at least one hundred dollars, or imprisonment not less 
 than six months, or both. 
 
 SCHEDULE. 
 First election SECTION One. On the thirteenth day of March, A. D. 1868, 
 
 for Representa- 
 tives in Con- ^jj^ such successivc days as hereinafter provided, an elec- 
 
 p^ress, State and •' jr ? 
 
 anToener^T- tiou shall bc held for members of the House of Eepre- 
 sentatives of the United States, Governor, Lieutenant 
 Governor, Secretary of State, Auditor, Treasurer, At- 
 torney General, Superintendent of Public Instruction, 
 Judges of the Supreme Court, members of the General 
 
 And election for Assembly and all county officers, and also for the submis- 
 
 submission or ^ j 
 
 t*he°peopie°" *" ^^o" ^f this Constitution to the people for their adoption 
 or rejection. 
 
 Who may vote SECTION Two. Upou the days designated as aforesaid, 
 every qualified elector under the provisions of this Con- 
 stitution may vote for all officers to be elected under this 
 Constitution at such election, and also for or against the 
 adoption of this Constitution. 
 
 Style of ballot, Section Threb. In votiug for or against the adoption 
 of this Constitution the words " For Constitution " or 
 " Against Constitution " shall be written or printed on the 
 ballot of each voter, but no voter shall vote for or against 
 this Constitution on a separate ballot from that cast by 
 him for officers to be elected at said election under this 
 Constitution. 
 
 Board of Com- Section Four. A Board of Commissloners is hereby 
 
 missioners of •' 
 
 the election. appointed, to consist of James L. Hodges, Joseph Brooks, 
 and the President of this Convention, any two of whom 
 shall constitute a quorum to transact business, who shall 
 
Schedule.] STATE OF ARKANSAS. 47 
 
 keep an office for the transaction of business in Little 
 Eock, and who may employ such clerical force as may be 
 necessary, said clerks not to receive more per day for each 
 day actually employed than the per diem paid the assistant 
 secretaries of this Convention, and who are empowered ^''^ Commis- 
 
 -' Jr sioners may ap- 
 
 and authorized to appoint, or cause to be appointed suit- and ' cierks''^of 
 able persons forjudges and clerks of election in each county 
 in this State to hold the election therein for all State and 
 county officers, and for members of the General Assem- 
 bly and of the House of Representatives of the United 
 States, and also for the ratification of this Constitution. 
 Said election shall be held at such times and places in Times and places 
 
 of the election. 
 
 each county, commencing on the 13th day of March, and 
 continuing on such successive days as the Commissioners 
 may direct, to secure a full and fair vote at such election. 
 
 Section Five. The Judges of election appointed as Returns of the 
 
 election. 
 
 aforesaid, shall make returns of the same to said Com- 
 missioners in such manner and under such regulations 
 as said Commissioners may prescribe, which returns 
 shall 'show the number of votes cast at said election for 
 and against this Constitution, and the number cast for 
 each candidate for the offices provided for in this Consti- 
 tution and Schedule. 
 
 Section Six. Any person contesting the election under The commis- 
 
 •^ ■*■ sioners to de- 
 
 this Constitution for any state officer or member of the e}^^ti„„3™'^"|,* 
 
 General Assembly, shall do so before said Board of Com- SraTTssem'^- 
 
 missioners, who shall have power to decide and declare 
 
 the right to any office contested, and give the candidate 
 
 leffallv elected a certificate of the same ; Provided, Said But may refer 
 
 c" •' contested elee- 
 
 Commissioners may, in the cases of members of the Gen- ^;°° Asfembiy^?o 
 eral Assembly whose right to the seats may be contested, ' "' " ^" 
 refer the same to the General Assembly for their determi- 
 nation. Said Board of Commissioners shall appoint the To appoint 
 
 Judges and 
 
 judges and clerks of the municipal elections to be held cWks of ^mu- 
 under th'e provisions of this Constitution. Said judges ''°°'- 
 
48 • CONSTITUTION OP THE [Schedule. 
 
 Returns of mu- shall conduct and make returns of said elections in the 
 
 nicipal elections. / 
 
 manner prescribed by the charter of the city or village in 
 which said municipal election shall be held. 
 The commis- Section Seven. Said Commissioners shall appoint suit- 
 
 sioners to ap- 
 point Boards for able persons as Boards in every county, to hear and de- 
 
 afcifons. ''°'""^' cide all cases of contested county elections. 
 
 May review Section ErGHT. The Said Commissioners shall have 
 
 election on rati- 
 
 st'ii'm'i" "^ '^°"" po'^'^J' to inquire into the fairness or validity of the vot- 
 ing upon the ratification of this Constitution, and to 
 count the votes given at said election, and shall reject all 
 fraudulent or illegal votes cast at said election ; and said 
 Commissioners shall also have power, whenever it is made 
 to appear that fraud, fear, violence, improper influence, or 
 restraint, were used, or persons were prevented or intimi- 
 dated from voting at such elections, to take such steps, 
 either by setting aside the election and ordering a new 
 one, or rejecting votes, or correcting the result in any 
 county or precinct as may in such cases be just and 
 equitable. 
 
 To declare re- SECTION NiNE. The Said Commissiouers shall declare the 
 
 suit of election 
 
 on ratification, rcsult of the elcctiou upon the ratification of this Con- 
 President of stitution, and if adopted, the President of this Conven- 
 
 Convention '" • i i 
 
 transmit copy tiou shall transmit a certified copy of the same, together 
 
 of Constitution, ^•' ' D 
 
 ™'te ttereon! t°o ^ith an abstract of the votes cast to the President of the 
 United States, to be by him laid before the Congress of 
 the United States for their approval or rejection, and 
 
 Constitution to shall also declare the officers elected thereunder ; and if 
 
 take effect upon 
 
 ratification. declared ratified, the Constitution shall from and after 
 
 that date be in full force and effect. 
 Persons disfran- SECTION Ten. No person disquahfied from voting or 
 
 chised under 
 
 di^''uaii"fied'' registering under this Constitution shall vote for candi- 
 
 polu 'her"fn''L ^^^tes for any oflfice, nor shall be permitted to vote for the 
 
 ratification or rejection of this Constitution at the polls 
 
 oflicers elected, herein authorized. The Governor and all other officers 
 
 when to enter 
 
 upon their du- elected under this Constitution, shall enter upon the duties 
 
Schedule.] STATE OP ARKANSAS. 49 
 
 of their offices when they shall have been declared duly 
 elected by said Board of Commissioners, and shall have 
 duly qualified. All officers shall qualify and enter upon 
 the discharge of the duties of their offices, within fifteen 
 days after they have been duly notified of their election 
 or appointment. 
 
 Section Eleven. Upon notice of the election or ap- Pnor inoum- 
 
 •^ bents to vacate 
 
 pointment, and qualification of the officers elected or ap- ^^^" °^'''"'- 
 pointed, under this Constitution, the present incumbents 
 of all State, county and city offices shall vacate the same 
 and turn over to the officers so elected or appointed and 
 qualified hereunder, all books, papers, records, monies and 
 documents belonging or pertaining to said offices on ap- 
 plication made by the officers elected or appointed and 
 qualified under this Constitution. 
 
 Section Twelve. Any person may vote at the polls Qualification of 
 
 . . voters at the 
 
 herem authorized for the election of officers and ratifica- election, how 
 
 aecided. 
 
 tion of this Constitution, whom the judges of said election 
 shall be satisfied by oath of the person offering to vote, 
 and such other satisfactory evidence as they may require, 
 is a legally qualified elector under this Constitution ; Pro- 
 vided, The judges of election shall administer to every 
 person offering to vote at said election, the oath prescribed 
 in this Constitution. 
 
 Section Thirteen. In the event that either of the three case of candi- 
 dacy of Corn- 
 Commissioners, appointed by section four, hereof, should ""'ssioner. 
 
 be a candidate for any office, the other two Commission- 
 ers shall canvass the vote so far as it relates to that office, 
 and issue the certificate to the person elected. 
 
 Section Fourteen. In case of death or any disability vacancy in 
 
 Board of Com- 
 
 of any member or members of said Board of Commis- missionera. 
 sioners, the remaining Commissioner or Commissioners, 
 shall have power to fill such vacancy ; and said Commis- 
 sioner or Commissioners so appointed, shall have full 
 power to act as though originally appointed. • 
 
50 CONSTITUTION OF THE [Schedule. 
 
 Sale or gift of SECTION FIFTEEN. Any person selling or giving away 
 eiMtioiT™^ *! intoxicating liquor, during the time of the election herein 
 Penalty. providcd for shall be punished by a fine not less than two 
 
 hundred dollars, for each and every offense, or imprison- 
 ment not less than six months, or both. 
 The Commis- Section Sixteen. Said Commissioners shall provide 
 
 sioners to pro- 
 vide poll-books, suitable poll books for each county, and such instructions 
 
 as may be necessary to carry into eflFect the provisions of 
 
 Compensation this schcdule. Judgcs and clerks of election thus ap- 
 
 of Judges and ^ 
 
 ^lectiln^ ''"' pointed, shall receive the same per diem as the boards of 
 registers provided for in the act entitled " An act to pro- 
 vide for the more efl&cient government of the rebel States," 
 passed March 2nd 1867, and acts supplementary thereto. 
 
 Compensation Section SEVENTEEN. The Commissioners herein ap- 
 
 of the Commis- 
 sioners, pointed, shall receive for their services, for each day ac- 
 tually employed such compensation per day and allow- 
 ances, and in such manner as are now provided for 
 other expenses members of this Convention. All expenses incurred 
 
 under Schedule, ^ 
 
 how paid. under this schedule, not otherwise provided for, shall be 
 
 paid out of the appropriation for defraying the expenses 
 of this Convention. 
 
 Done in Convention, at Little Bock, the eleventh day of February 
 in the year of our Lord one thousand eight hundred and sixty 
 eight, and of the independence of the United States the 
 ninety second. 
 
 In Witness whereof, we have hereunto subscribed our names. 
 
 THOS. M. BOWEN, 
 
 President of the Convention, and 
 Delegate from the County of Crawford. 
 
 John G. Price, 
 
 Secretary, 
 
 GEORGE S. SCOTT, Little River County. 
 FRED. R. POOLE, Miss. & Craighead Cos. 
 GEORGE W. DALE, Independence County. 
 PETER C. MISNER, 
 
STATE OF ARKANSAS. 51 
 
 CLIFFORD STANLEY SIMS, Delegate from Desha County. 
 
 DANIEL COATES, Delegate from Saint Francis County. 
 
 J. A. HOUGHTON, Delegate from Cross & Poinsett Counties. 
 
 FRANKLIN MONROE ROUNSAVILLE, Yell County. 
 
 SOLOMON EXON, Delegate from Clark County. 
 
 MILES LEDFORD LANGLEY, 
 
 GAYLE H. KYLE, Delegate from Dallas County. 
 
 MOSES BELL, Delegate from Sebastian County. 
 
 JOHN H. HUTCHINSON, M.D., Delegate from Arkansas County. 
 
 JOHN McCLURE, Del. Arkansas Co. 
 
 AMOS H. EVANS, Delegate from Monroe County. 
 
 JOHN N. SARBER, Delegate from Johnson County. 
 
 JESSEE MILLSAPS, Delegate from Van Buren County. 
 
 WILLIAM A. WYATT, Delegate from Searcy and Fulton Counties. 
 
 ANTHONY HINKLE, Delegate from Conway County. 
 
 O. P. SNYDER, Delegate from Jefferson County. 
 
 SAMUEL W. MALLORY, Delegate from Jefferson County. 
 
 JAMES M. GRAY, Delegate from Jefferson County. 
 
 JOSEPH BROOKS, Phillips County. 
 
 THOMAS SMITH, 
 
 WILLIAM H. GREY, " 
 
 JAMES T. WHITE, « 
 
 PARLEY A. WILLIAMS, Delegate from Marion and Newton. 
 
 ROBERT HATFIELD, Delegate from Franklin County. 
 
 JOHN W. HARRISON, Delegate from Hot Spring Co. 
 
 JAMES W. MASON, Delegate from Chicot County. 
 
 GEORGE W. McCOWN, Delegate from Columbia County. 
 
 WILLIAM G. HOLLIS, Delegate from Calhoun Co. 
 
 JAMES L. HODGES, Delegate from Pulaski Co. 
 
 JAMES HINDS, Delegate from Pulaski Co. 
 
 HENRY -RECTOR, Delegate from Pulaski County. 
 
 THOMAS P. JOHNSON, Delegate from Pulaski Comity. 
 
 JOHN C. PRIDDY, Delegate from Montgomery Co. 
 
 ASA HODGES, Delegate from Crittenden Co. 
 
 F. M. SAMS, Delegate from Madison County. 
 
 CHARLES H. OLIVER, Delegate from Scott County. 
 
 NATHAN N. RAWLINGS, from Ouachita Co. 
 
 JNO. R. MONTGOMERY, Delegate from Hempstead County. 
 
 SOLOMON D. BELDIN, Delegate from Hempstead County. 
 
 RICHARD SAMUELS, 
 
 R. C. VAN HOOK, Delegate from Union County. 
 
52 CONSTITUTION OF THE 
 
 IRA L. WILSON, Delegate from Union County. 
 WALTER W. BRASHEAR, Delegate from Pope County. 
 ALFRED M. MERRICK, Delegate from Lafayette County. 
 WILLIAM A. BEASLEY, Delegate from Columbia County. 
 JAMES P. PORTIS, Delegate from Ouachita County. 
 MONROE HAWKINS, Delegate from Lafayette County. 
 WM. MURPHY, Delegate from Jefferson County. 
 
Ordinance.] STATE OF ARKANSAS. 53 
 
 AN ORDINANCE 
 
 To PROVIDE FOR AN ELECTION BY THE VOTERS REGISTERED IN 
 
 THIS State, under an act of Congress entitled "An 
 
 ACT to provide FOR THE MORE EFFICIENT GOVERNMENT 
 OF THE REBEL StATES," PASSED MaRCH 2nD, 1867, AND 
 
 THE Acts supplementary thereto. 
 Section One. Be it ordained, That any voter rearistered Registered vo- 
 
 •^ ° ter may vote up- 
 
 under the provisions of an act of Congress entitled " An j"^ an^*''coun°v 
 act to provide for the more efficient government of the bc'^^^t ^fme^d? 
 rebel States," passed March 2nd, 1867, and the supple- 
 mentary acts thereto, shall be permitted to vote in any 
 county in this State, where he may be at the time of the 
 election, upon the ratification of the Constitution framed 
 by this Convention. 
 
 Section Two. That in voting for or against the ratifi- style of ballot. 
 cation of this Constitution, the words " For Constitution " 
 or " Against Constitution " shall be written or printed on 
 each ballot ; but no person shall vote, at the polls pro- no vote for offi- 
 
 ' ^ ^ X X (,gj.g tQ (jg polled 
 
 vided for by this ordinance, for any State or county ^,^^ ''^^'^°P^^j.^ 
 officer prescribed in said Constitution. provided for." 
 
 Section Three. Said election shall be held at such Times and 
 
 places of the 
 
 times and places as may be designated by the Board of ^,'^^^'j''°°j^^*<' ^« 
 Commissioners appointed under the provisions of the ^"ssionefs. ^°'"' 
 schedule to the Constitution submitted by this Conven- 
 tion to the people. 
 
 Section Four. The secrecy of the ballot shall be pre- secrecy of the 
 
 ballot to be in- 
 
 served inviolate. No Judge, inspector, or other election violate. 
 officer, shall mark or deface or permit to be marked or 
 
54 CONSTITUTION OF AEKANSAS. [Okdinance. 
 
 defaced, any ballot cast at the poll at which he is acting, 
 whereby, may be ascertained the manner in which any 
 elector voted. 
 
INDEX 
 
 CONSTITUTION OF ARKANSAS- 
 
 [Note.— In the column headed " Art.," the letters Pr., Sc, and Or., respectively, signify the Preamble, 
 the Schedule, and the Ordinance appended to the Constitution.] 
 
 A. 
 
 ABSENT MEMBERS of General Assembly, Attendance of, may be 
 compelled 
 
 Accounts for State printing 
 
 of holders of public moneys 
 
 of State and County officers 
 
 Accusation, Eight of accused to be informed of 
 
 Accused, Eights of, in criminal prosecutions 
 
 AcJcTiowledgments — see Conveyance. 
 Acta of General Assembly to embrace but one subject each 
 
 Public, when to take effect 
 
 Title of 
 
 Eevision, alteration, or amendment of 
 
 passed during last three days of General Assembly 
 
 Official, of Governor, how authenticated 
 
 See, also. Bills, and Laws. 
 
 Adjournment, Final, of General Assembly to be at 12, M 
 
 Adjournments of either House of General Assembly 
 
 Administrators, Testimony of, in actions by or against them 
 
 Affinity of Judge with party in suit 
 
 M™y 
 
 Affirmation — see Oath. 
 
 Agriculture, Department of, in State University 
 
 Aid and comfort to enemies of the State 
 
 Allegiance, Paramount, due to Federal Government 
 
 oath of. Violation of, to disqualify from voting 
 
 Allodial, All lands in the State declared 
 
 Alteration of laws 
 
 Amendment of laws 
 
 Amendments to bills for raising revenue, Senate may propose 
 
 to ConstitutioQ 
 
 Appeals in criminal or penal cases. General Assembly may authorize 
 
 from judgments of inferior courts 
 
 Seo. 
 
 5 
 
 13 
 
 10 
 
 5 
 
 15 
 
 11 
 
 5 
 
 43 
 
 15 
 
 10 
 
 7 
 
 34 
 
 1 
 
 8 
 
 3 
 
 1 
 
 8 
 
 3 
 
 6 
 
 22 
 
 12 
 
 6 
 
 22 
 
 12 
 
 5 
 
 22 
 
 12 
 
 5 
 
 23 
 
 12 
 
 5 
 
 36 
 
 14 
 
 6 
 
 15 
 
 20 
 
 5 
 
 51 
 
 17 
 
 6 
 
 18,35 
 
 12,14 
 
 7 
 
 22 
 
 27 
 
 7 
 
 7 
 
 24 
 
 1 
 
 8 
 
 3 
 
 9 
 
 3 
 
 31 
 
 1 
 
 11 
 
 4 
 
 1 
 
 1 
 
 1 
 
 8 
 
 3 
 
 28 
 
 1 
 
 24 
 
 6 
 
 5 
 
 23 
 
 12 
 
 5 
 
 23 
 
 12 
 
 6 
 
 19 
 
 12 
 
 13 
 
 
 39 
 
 5 
 
 31 
 
 13 
 
 7 
 
 4,15 
 
 24,26 
 
 18 ( cxxxvii ) 
 
INDEX TO CONSTITUTION OF AEKANSAS. 
 
 Appeals from Justices of the Peace 
 
 Apportionment 
 
 to be revised by General Assembly 
 
 not to be made till after first enumeration 
 
 of Senators and Representatives 
 
 Appraisements for purposes of taxation 
 
 Apprenticeship, effecting involuntary servitude, prohibited 
 
 Indentures of. 
 
 Apprt^iations 
 
 Approval, by Governor, of bills and concurrent resolutions 
 
 Arkansas, Boundaries of the State of 
 
 Arms, Kight of citizens to bear 
 
 Army of the U. S., in actual service, OflTences arising in 
 
 Standing, not to be kept up in time of peace 
 
 Soldiers of, acquire no residence bj' being stationed in State 
 
 Arrears of holders of public moneys 
 
 Arrest, Senators and Eepresentatives privileged from 
 
 Electors privileged from, during attendance at elections 
 
 Assault and battery 
 
 Assembly, public, Kight of 
 
 Associate Justices of Supreme Court — see Court, Supreme, Justices of. 
 
 Attainder, Bill of 
 
 Attorney, Suitor may act by 
 
 Attorneys to elect special judges for inferior courts 
 
 Attorney-General, an ofBcer of the Executive Department 
 
 Term of office of. 
 
 how chosen 
 
 to reside at seat of government 
 
 to keep at seat of government, all public records, etc., pertaining 
 to his office 
 
 Beturns of election for 
 
 Contested elections for, to be determined by Gen. Assembly 
 
 how chosen, in case of tie 
 
 Death, disability, etc., of 
 
 Duties of 
 
 to be one of the Commissioners of the Sinking Fund 
 
 First election for 
 
 Attorneys, Prosecuting 
 
 Auditor, Banking corporations to deposit bonds of State with 
 
 Regulation by, of issue of bank-bills as currency 
 
 an officer of the Executive Department 
 
 Term of office of. 
 
 how chosen 
 
 to reside at seat of government 
 
 to keep at seat of government, all public records, etc., pertaining 
 to his office 
 
 Returns of election for 
 
 how chosen in case of tie 
 
 Contested elections for, to be determined by Gen. Assembly 
 
 Duties of 
 
 Death, disability, etc., of 
 
 First election for 
 
 Authentication of official acts of Governor 
 
 Art, 
 
 Sec. 
 
 Paob 
 
 7 
 
 15 
 
 26 
 
 14 
 
 
 40 
 
 5 
 
 8 
 
 9 
 
 5 
 
 8 
 
 9 
 
 14 
 
 2 
 
 40 
 
 10 
 
 2 
 
 34 
 
 5 
 
 37 
 
 15 
 
 15 
 
 13 
 
 44 
 
 5,10 
 
 20,8 
 
 12,34 
 
 5,6 
 
 35,15 
 
 14,20 
 
 2 
 
 
 7 
 
 1 
 
 5 
 
 2 
 
 1 
 
 9 
 
 3 
 
 1 
 
 16 
 
 5 
 
 8 
 
 2 
 
 28 
 
 5 
 
 43 
 
 15 
 
 5 
 
 12 
 
 10 
 
 8 
 
 6 
 
 30 
 
 1 
 
 9 
 
 3 
 
 1 
 
 4 
 
 2 
 
 1 
 
 13 
 
 4 
 
 7 
 
 21 
 
 27 
 
 7 
 
 9 
 
 25 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 18 
 
 20 
 
 6 
 
 18 
 
 20 
 
 6 
 
 19 
 
 20 
 
 6 
 
 19 
 
 21 
 
 6 
 
 19 
 
 21 
 
 6 
 
 22 
 
 21 
 
 6 
 
 22 
 
 22 
 
 10 
 
 12 
 
 35 
 
 Sc 
 
 1 
 
 46 
 
 15 
 
 6 
 
 42 
 
 5 
 
 50 
 
 17 
 
 5 
 
 50 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 18 
 
 20 
 
 6 
 
 18 
 
 20 
 
 6 
 
 19 
 
 20 
 
 6 
 
 19 
 
 21 
 
 6 
 
 19 
 
 21 
 
 6 
 
 21 
 
 21 
 
 6 
 
 22 
 
 21 
 
 Sc 
 
 1 
 
 46 
 
 6 
 
 15 
 
 20 
 
 B. 
 
 Bail, Excessive, not to be required 
 
 Right to 
 
 Ballot, Elections by the people to be by . 
 
 1 
 
 9,14 
 
 3,4 
 
 1 
 
 9 
 
 3 
 
 8 
 
 1 
 
 28 
 
INDEX TO CONSTITUTION OF AEKANSAS. 
 
 CXXXIX 
 
 Akt. 
 
 Seo. 
 
 Page 
 
 Sc 
 
 3 
 
 46 
 
 Or 
 
 2 
 
 53 
 
 Or 
 
 4 
 
 63 
 
 6 
 
 50 
 
 17 
 
 5 
 
 60 
 
 17 
 
 5 
 
 50 
 
 17 
 
 10 
 
 3 
 
 34 
 
 5 
 
 50 
 
 17 
 
 5 
 
 20 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 21 
 
 12 
 
 5 
 
 21 
 
 12 
 
 5 
 
 21 
 
 12 
 
 6 
 
 2i 
 
 12 
 
 5 
 
 35 
 
 14 
 
 5 
 
 35 
 
 14 
 
 5 
 
 35 
 
 14 
 
 5 
 
 35 
 
 14 
 
 Ballot, Style of, at election under Scliedule 
 
 Style of, at election under Act of Congress, for ratification 
 
 at election under Ordinance, not to be marked or defaced by 
 
 officers of election 
 
 Banle-bUls, issue of, as currency, Conditions imposed upon 
 
 issued under conditions imposed by Constitution, receivable for 
 
 taxes and dues to State 
 
 Banking corporations 
 
 Property employed in, to bear its equal burden of taxation 
 
 corporations existing under Act of Congress exempt from condi- 
 tions imposed by this Constitution 
 
 Bill, Appropriations to be by 
 
 Bills may originate in either House 
 
 for raising revenue, to originate in House of Representatives 
 
 for raising revenue. Senate may propose amendments to 
 
 to be read three times, on different days, in each House (unless 
 
 rules suspended) 
 
 Majority required, in order to pass, unless rules suspended 
 
 Yeas and Nays to be taken on final passage of 
 
 Introduction of, during last three days of session 
 
 to be presented to Governor for approval 
 
 disapproved, to be returned, "with objections, to House in which 
 
 originated 
 
 may be passed after veto, on reconsideration, by majority 
 
 vetoed. Vote on, to be taken by yeas and nays 
 
 not returned by Governor within three days (with exceptions 
 
 stated) to become laws 
 
 passed during last three days of session, may be approved, etc., 
 
 within three daj-s after adjournment 
 
 Bills discounted or purchased bj' banks, to be taxed 
 
 Bill of attainder prohibited 
 
 Bill of Bights 
 
 Blood, corruption of. No conviction to work 
 
 Boards of Commissioners — see Commissioners. 
 
 Bonds of the State, Deposit of, with Auditor, by banking corporations 
 
 Taxation of 
 
 Investment of School-Fund in , . 
 
 Books, Public, of Governor, etc., to be kept at seat of government 
 
 Official, to be turned over to officers chosen at first election 
 
 Borrowing money. Powers of, of cities and incorporated villages, to be re- 
 stricted by General Assembly 
 
 Boundaries of the State 
 
 of counties, Provision annulling action of Convention of 1861, etc., 
 
 not to apply to case of 
 
 Breach of the Peace, Privilege of Senators and Representatives not to ex- 
 tend to case of, 
 
 Privilege of electors not to extend to case of 
 
 Bribery at elections 
 
 Persons convicted of, disfranchised 
 
 Burdens of citizenship. No exemption from, on account of race, etc 
 
 Burying-grounds exempt from taxation 
 
 Bushwhackers disfranchised 
 
 Condition of restoration of franchise to 
 
 35 
 
 25 
 
 14 
 
 5 
 
 35 
 
 14 
 
 10 
 
 3 
 
 34 
 
 1 
 
 13 
 
 4 
 
 1 
 
 1 
 
 13 
 
 4 
 
 5 
 
 50 
 
 17 
 
 10 
 
 2 
 
 33 
 
 9 
 
 4,5 
 
 32 
 
 6 
 
 18 
 
 20 
 
 Sc 
 
 11 
 
 49 
 
 5 
 
 49 
 
 17 
 
 2 
 
 
 7 
 
 5 
 
 12 
 
 10 
 
 8 
 
 6 
 
 30 
 
 1 
 
 19 
 
 5 
 
 8 
 
 3 
 
 29 
 
 1 
 
 3 
 
 2 
 
 10 
 
 2 
 
 34 
 
 8 
 
 3 
 
 28 
 
 8 
 
 3,4 
 
 29 
 
 c. 
 
 Capital ojfcnces— see Offences, Capital. 
 
 Census to be taken every tenth year 
 
 CeriiwaH 
 
 24 
 
Aet. 
 
 Sec. 
 
 Page 
 
 1 
 
 22 
 
 6 
 
 5 
 
 31 
 
 13 
 
 1 
 
 10 
 
 4 
 
 7 
 
 11 
 
 25 
 
 10 
 
 2 
 
 34 
 
 6 
 
 18 
 
 20 
 
 6 
 
 18 
 
 20 
 
 7 
 
 2 
 
 23 
 
 7 
 
 3 
 
 23 
 
 7 
 
 3 
 
 23 
 
 7 
 
 2 
 
 23 
 
 12 
 
 5 
 
 38 
 
 10 
 
 2 
 
 34 
 
 7 
 
 10 
 
 25 
 
 cxl INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Challenge to duel 
 
 of jurors, Eight of 
 
 Character, Remedy for injury to 
 
 Charges to juries 
 
 Charity, public, Institutions of, exempt from taxation 
 
 Chief Justice to reside at seat of government 
 
 to keep at seat of government public records, etc., pertaining to his 
 office 
 
 to preside in trial of impeachments 
 
 how appointed 
 
 Term of office of 
 
 pro tempore, to preside in trial of impeachment of Chief Justice. . . 
 
 Children, minor, Homestead exemption for benefit of. 
 
 Churches exempt from taxation 
 
 Circuit Courts—see Courts, Circuit, and Courts, Inferior. 
 
 Circuits, Exchange of ' 
 
 Cities, streets of. Vacation and alteration of, to be provided for by general 
 
 laws 5 40 15 
 
 and incorporated villages. Organization of. General Assembly to 
 provide for, by general laws 
 
 Powers of, to be restricted by General Assembly 
 
 chartered. Municipal elections of, for 1868 
 
 City debts. State not to assume, unless contracted to repel invasion, etc. . . . 
 
 offices, Vacation of 
 
 Citizen, Paramount allegiance of, due to Federal Government 
 
 to suffer no deprivation, and enjoy no exemption, on account of 
 
 race, etc 
 
 Citizens, Eight of, to peaceably assemble together 
 
 Riglit of, to instruct representatives, to petition for redress of griev- 
 ances, etc 
 
 Eight of, to bear arms 
 
 Equality of privileges and immunities of all 
 
 not to be disfranchised, unless by law of the land or the judgment 
 
 of their peers 
 
 Civil cases, Selection of juries in 
 
 Civil power. Supremacy of, over Military 
 
 Civil process—see Process, Civil. 
 
 Civil rights. Equality of 
 
 Clerk of Supreme Court 
 
 Clerks, County 
 
 of Commissioners of election 
 
 of courts to sign writs and other process 
 
 of election 
 
 of election under Schedule— see Election under Schedule, Clerks of. 
 Code, penal. General Assembly to enact a 
 
 of practice 
 
 Codification of statutes 
 
 Coercion by U. S., against secession, or forcible resistance to laws 
 
 Collection of debt — see Exemption. 
 Collector of public moneys, in arrears,' ineligible to General Assembly, or to 
 
 office 
 
 Color, No distinction in point of civil rights and duties on account of 
 
 Voter's oath concerning distinction on account of 
 
 Commander-in- Chief, Governor to be 
 
 Commissioner of Immigration 
 
 of State Lands 
 
 of Public Works and Internal Improvements 
 
 Commissioners of Election, Board of, appointed 
 
 Quorum of 
 
 to keep an office in Little Eock 
 
 6 
 
 49 
 
 16 
 
 6 
 
 49 
 
 17 
 
 15 
 
 ■4 
 
 42 
 
 10 
 
 16 
 
 36 
 
 Sc 
 
 11 
 
 49 
 
 1 
 
 1 
 
 1 
 
 1 
 
 3 
 
 2 
 
 1 
 
 4 
 
 2 
 
 1 
 
 4 
 
 2 
 
 1 
 
 5 
 
 3 
 
 1 
 
 18 
 
 5 
 
 5 
 
 37 
 
 14 
 
 5 
 
 32 
 
 13 
 
 1 
 
 16 
 
 5 
 
 1 
 
 3 
 
 2 
 
 7 
 
 18 
 
 26 
 
 7 
 
 19 
 
 26 
 
 Sc 
 
 4 
 
 47 
 
 7 
 
 6 
 
 24 
 
 15 
 
 22 
 
 45 
 
 5 
 
 29 
 
 13 
 
 15 
 
 11 
 
 43 
 
 15 
 
 11 
 
 43 
 
 1 
 
 1 
 
 2 
 
 5 
 
 43 
 
 15 
 
 1 
 
 3 
 
 2 
 
 8 
 
 5 
 
 30 
 
 6,11 
 
 4,3 
 
 18,37 
 
 6 
 
 23 
 
 22 
 
 6 
 
 23 
 
 22 
 
 6 
 
 23 
 
 21 
 
 So 
 
 4 
 
 46 
 
 Sc 
 
 4 
 
 46 
 
 Sc 
 
 4 
 
 46 
 
INDEX TO CONSTITUTION OF AEKANSAS. 
 
 cxli 
 
 Commissioners of Election may employ necessary clerical force 
 
 may appoint judges and clerks of the election 
 
 may direct times and places of election commencing March 13th, 
 1868 
 
 Judges of the election to make returns to 
 
 may prescribe manner and regulations of making returns of the 
 election 
 
 Power of, to decide contested elections for State offices and Gen- 
 eral Assembly 
 
 may refer to Gen. Assembly, contested elections for that body .... 
 
 to appoint judges and clerks of municipal elections 
 
 to appoint Boards for decisions of contested county elections 
 
 may review election on ratification of Constitution 
 
 to declare result of election on ratification of Constitution 
 
 to declare election of officers 
 
 Case of candidacy for office, of either of the 
 
 Vacancy in Board of, how filled 
 
 to provide poll-books, and necessary instructions 
 
 Compensation of 
 
 to designate times and places of election under Ordinance 
 
 Commissioners of the SinMng-Fund, Board of, how constituted 
 
 to report to General Assembly estimate of probable amount of 
 Fund 
 
 to apply Sinking-Fund to paj-ment of State debt 
 
 Commissioners to codify the Statutes 
 
 to prepare Code of Practice 
 
 Commissions to officers of the State 
 
 Common-Schools — see Schools. 
 Commutation of sentence 
 
 Information concerning, to be communicated to Gen. Assembly . . 
 Compensation for private property taken for public use 
 
 by State, for emancipated slaves, prohibited 
 
 in case of contested election for General Assembly 
 
 required from corporations, for right of way 
 
 for right of way, to use of a corporation, to be ascertained by jury 
 in court of record 
 
 of Acting Governor 
 
 of Superintendent of Public Works and Internal Improvements. . . 
 
 of officers of the Executive Department 
 
 of Judges 
 
 of County Clerks 
 
 of Superintendent of Public Instruction 
 
 of officers. General Assembly to provide 
 
 of Senators and Kepresentatives 
 
 of officers, in what funds payable 
 
 of the Codifiers 
 
 of Clerks of Commissioners of Election 
 
 of Commissioners of Election 
 
 Competency of witnesses 
 
 Compulsory pivcess for witnesses. Eight of accused to , 
 
 Concurrent resolutions—see Resolutions, Concurrent. 
 Condition, previous. No distinction in point of civil rights and duties on 
 
 account of 
 
 Confession in case of treason 
 
 Congress, Members of, ineligible to office of Governor 
 
 Congressional districts 
 
 Consanguinity of Judge with party in suit 
 
 Constitution of U. S. confers full powers on Federal Government to maintain 
 itself 
 
 Art. 
 
 Sec. 
 
 Page 
 
 Sc 
 
 4 
 
 47 
 
 Sc 
 
 4 
 
 47 
 
 Sc 
 
 4 
 
 47 
 
 Sc 
 
 5 
 
 47 
 
 Sc 
 
 5 
 
 47 
 
 So 
 
 6 
 
 47 
 
 Sc 
 
 6 
 
 47 
 
 Sc 
 
 6 
 
 47 
 
 Sc 
 
 7 
 
 48 
 
 So 
 
 8 
 
 48 
 
 Sc 
 
 9 
 
 48 
 
 Sc 
 
 10 
 
 48 
 
 Sc 
 
 13 
 
 49 
 
 Sc 
 
 14 
 
 49 
 
 Sc 
 
 16 
 
 50 
 
 Sc 
 
 17 
 
 50 
 
 Or 
 
 3 
 
 53 
 
 10 
 
 12 
 
 35 
 
 10 
 
 13 
 
 35 
 
 10 
 
 14 
 
 36 
 
 15 
 
 11 
 
 43 
 
 15 
 
 11 
 
 43 
 
 6 
 
 17,26 
 
 20,22 
 
 6 
 
 9 
 
 19 
 
 6 
 
 9 
 
 19 
 
 1 
 
 15 
 
 4 
 
 5 
 
 38 
 
 15 
 
 5 
 
 42 
 
 15 
 
 5 
 
 48 
 
 16 
 
 5 
 
 48 
 
 16 
 
 6 
 
 14 
 
 20 
 
 6 
 
 23 
 
 22 
 
 6 
 
 24 
 
 22 
 
 7 
 
 13 
 
 25 
 
 7 
 
 19 
 
 26 
 
 9 
 
 2 
 
 31 
 
 15 
 
 2 
 
 41 
 
 15 
 
 7 
 
 42 
 
 15 
 
 9 
 
 43 
 
 15 
 
 11 
 
 43 
 
 Sc 
 
 4 
 
 47 
 
 Sc 
 
 17 
 
 50 
 
 7 
 
 22 
 
 27 
 
 1 
 
 8 
 
 3 
 
 1 
 
 3 
 
 2 
 
 1 
 
 11 
 
 4 
 
 6 
 
 13 
 
 20 
 
 14 
 
 1 
 
 40 
 
 7 
 
 7 
 
 24 
 
1 
 
 2 
 
 5 
 
 29 
 
 17 
 
 45 
 
 1 
 
 41 
 
 1,9 
 
 41,48 
 
 
 46 
 
 , , 
 
 53 
 
 9 
 
 48 
 
 ,2,3 
 
 46,47 
 
 3 
 
 46 
 
 g 
 
 48 
 
 9 
 
 48 
 
 10 
 
 48 
 
 1 
 
 53 
 
 2 
 
 53 
 
 15 
 
 11 
 
 36 
 
 14 
 
 20 
 
 27 
 
 13 
 
 4 
 
 cxlii INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Abt. Sec. Paos 
 
 ComtitiUion of TJ. 8. warrants employment of armed force in compelling 
 
 obedience to Federal Government 1 
 
 Constitution and Laws of U. S., Voter's oath to support and defend 8 
 
 State officers sworn to support and defend 15 
 
 Constitution ordained and established by the people of the State of Ark- 
 ansas Pr 
 
 Amendments to 13 
 
 to be deposited in office of Secretary of State 15 
 
 Copy of, to be transmitted to President U. S 15, Sc 
 
 Submission of, to the people (" Civil Polls") Sc 
 
 Submission of, to the people (" Military Polls ") Or 
 
 to take effect upon ratification Sc 
 
 Constitution, Submission of, under Schedule for ratification : 
 
 Time of holding election for Sc 
 
 Manner of voting Sc 
 
 Commissioners of Election may review election Sc 
 
 Commissioners of Election to declare result of election So 
 
 Persons disfranchised under Constitution, not to vote thereon .... So 
 Constitution, Submission of, under Act of Congress, for ratification : 
 
 Registered voter may vote in any county where he may be at time 
 
 of the election Ord 
 
 Manner of voting Ord 
 
 Constitutional Convention — see Convention, Constitutional. 
 
 Consti-uctive labor, Charges for, in State printing, to be prohibited 5 
 
 Contempt, Either House of General Assembly may imprison for 5 
 
 Contested elections — see Elections. 
 
 Contract, actions of. Jurisdiction of Justices of the Peace in 7 
 
 Contracts, Laws impairing obligation of, prohibited 1 
 
 between private individuals, Eights of parties under, not affected 
 
 by invalidity of action of Convention of 1861, etc 1 25 
 
 for State printing. General Assembly not to rescind or alter, or to 
 
 release contractor or securities 5 
 
 for sale or purchase of slaves, invalid 15 
 
 Kate of interest 15 
 
 Conveniion of 1861, Action of, and all action of the State under authority 
 
 thereof (with exceptions stated), null and void 1 25 
 
 Qmvention, Constitutional, to appoint Commissioners to codify the laws and 
 
 arrange code of practice 15 
 
 Members and officers of, not precluded from holding office 15 
 
 Conveyance, Acknowledgments of deeds of, not invalidated by operation of 
 
 provision annulling action of Convention of 1861, etc 1 
 
 of real estate to be provided for by general laws 5 
 
 Conviction of treason. Requisites to 1 
 
 not to work corruption of blood, or forfeiture of estate 1 
 
 in cases of impeachment 7 
 
 of treason, and other specified crimes, to work disfranchisement. . . 8 
 
 Corporations, municipal, Limitation of powers of. 5 
 
 to be formed under general laws 5 
 
 Laws creating, may be altered or repealed 5 
 
 Individual liability of stockholders of 6 
 
 Property of, to be forever subject to taxation 5 
 
 not to have right of way without full compensation paid 5 
 
 Compensation by, for right of way, how ascertained 5 
 
 debts of. State not to assume, unless contracted to repel invasion, 
 
 etc 10 
 
 with banking and discounting privileges 5 
 
 School-Fund not to be invested in obligations of. 9 
 
 Corruption of blood. No conviction to work 1 
 
 Counsel, Right of accused to 1 
 
 Coimties, Loan of credit of 10 
 
 15 
 
 11 
 
 14 
 
 44 
 
 21 
 
 46 
 
 19 
 
 45 
 
 25 
 
 7 
 
 40 
 
 15 
 
 11 
 
 4 
 
 13 
 
 4 
 
 2 
 
 23 
 
 3 
 
 29 
 
 47 
 
 16 
 
 48 
 
 16 
 
 48 
 
 16 
 
 48 
 
 16 
 
 48 
 
 16 
 
 48 
 
 16 
 
 48 
 
 16 
 
 16 
 
 36 
 
 50 
 
 17 
 
 6 
 
 32 
 
 13 
 
 4 
 
 8 
 
 3 
 
 6 
 
 34 
 
INDEX TO CONSTITUTION OF ARKANSAS. cxliii 
 
 Counties, Minimum limits of. 
 
 Creation of new 
 
 County to be ascertained by law 
 
 boundaries — see Boundaries of Counties. 
 
 officers ineligible to General Assembly 
 
 governments, General Assembly may provide for 
 
 Clerlis 
 
 School-Funds to be reduced, when practicable, into Public-School- 
 Fund 
 
 debts, State not to assume, unless created to repel invasion, etc. . . 
 
 funds. Benefit of homestead-exemption not extended to persons 
 indebted for dues to 
 
 elections. Contested 
 
 offices. Vacation of 
 
 County officers, Accounts of 
 
 Compensation of, in what funds pa}'abl6 
 
 First election for 
 
 Cotmty-seats not changed by operation of provision annulling action of 
 
 Convention of 1861, etc 
 
 Court, Discretion of, in case of division of jury in criminal prosecution 
 
 Confession in open, in case of treason 
 
 for adjudication of suits by or against the State, to be designated 
 
 by law 
 
 Courts, Certain powers to be conferred on, by General Assembly 
 
 of record 
 
 Code of practice for the 
 
 to take no cognizance of contracts for sale or purchase of slaves . . . 
 
 Court of Impeachment, Judicial authority of Senate sitting as 
 
 See, also, Impeachment. 
 
 Court, Supreme, of the U. S , 
 
 Court, Supreme, of the State 
 
 Terms of 
 
 how constituted 
 
 Jurisdiction of 
 
 Special Judges for 
 
 to be a court of record and have a common seal 
 
 to appoint Clerk and Reporter 
 
 Decisions of. 
 
 Dissenting opinions in 
 
 Court, Supreme, Justices of, ineligible to 'elective offices, during term for 
 which cliosen 
 
 Disqualifications of, from presiding at trial 
 
 Special, how appointed 
 
 Qualifications of 
 
 Compensation of 
 
 Vacancy in office of, to be filled by Governor 
 
 to be conservators of the peace 
 
 First election for 
 
 See, also, Judges. 
 Court, Supreme, Chief Justice of, to reside at seat of government 6 18 20 
 
 to keep at seat of government, public records, etc., pertaining to 
 his office 
 
 to preside in trial of impeachments 
 
 how appointed 
 
 Term of office of 
 
 pro tempore, to preside in trial of impeachment of Chief Justice . . . 
 See, also, Judges. 
 
 Courts, Circuit • • • 
 
 Courts, Inferior 
 
 Art. 
 
 Seo. 
 
 Page 
 
 15 
 
 12 
 
 43 
 
 15 
 
 12 
 
 43 
 
 1 
 
 8 
 
 3 
 
 5 
 
 11 
 
 10 
 
 5 
 
 28 
 
 13 
 
 7 
 
 19 
 
 26 
 
 9 
 
 8 
 
 33 
 
 10 
 
 16 
 
 36 
 
 12 
 
 3 
 
 38 
 
 Sc 
 
 7 
 
 48 
 
 Sc 
 
 11 
 
 49 
 
 10 
 
 7 
 
 34 
 
 15 
 
 9 
 
 43 
 
 Sc 
 
 1 
 
 46 
 
 1 
 
 25 
 
 7 
 
 1 
 
 9 
 
 3 
 
 1 
 
 11 
 
 4 
 
 1 
 
 17 
 
 5 
 
 5 
 
 39 
 
 16 
 
 5,7 
 
 48,17 
 
 16,26 
 
 15 
 
 11 
 
 43 
 
 15 
 
 14 
 
 44 
 
 7 
 
 1 
 
 22 
 
 1 
 
 1 
 
 1 
 
 7 
 
 1 
 
 22 
 
 7 
 
 3 
 
 23 
 
 7 
 
 3 
 
 23 
 
 7 
 
 4 
 
 24 
 
 7 
 
 8 
 
 24 
 
 7 
 
 17 
 
 26 
 
 7 
 
 18 
 
 26 
 
 7 
 
 18 
 
 26 
 
 7 
 
 18 
 
 28 
 
 6 
 
 25 
 
 22 
 
 7 
 
 7 
 
 24 
 
 7 
 
 8 
 
 24 
 
 7 
 
 12 
 
 25 
 
 7 
 
 13 
 
 25 
 
 7 
 
 16 
 
 26 
 
 7 
 
 22 
 
 27 
 
 Sc 
 
 1 
 
 46 
 
 6 
 
 18 
 
 20 
 
 7 
 
 2 
 
 23 
 
 7 
 
 3 
 
 23 
 
 7 
 
 3 
 
 23 
 
 7 
 
 2 
 
 23 
 
 7 
 
 1 
 
 22 
 
 7 
 
 1 
 
 22 
 
cxliv INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Courts, Inferior, Supreme Court to have general superrision and control 
 
 over 
 
 Appeals, from 
 
 how constituted 
 
 Jurisdiction of 
 
 General Assembly may provide for establishment, changes of juris- 
 diction, or abolition, of. 
 
 Special Judges for 
 
 Terms of 
 
 See, also. Court, Evidence, Jury, Suit, Witnesses, etc. 
 
 Courts, Inferior, Judges of, to be appointed by Governor 
 
 Term of 
 
 Disqualifications of, from presiding at trial 
 
 may temporarily exchange circuits, or hold courts for each 
 
 other 
 
 in charging juries, to declare the law 
 
 Qualifications of 
 
 Compensation of 
 
 Vacancy in ofiice of, to be filled by Governor 
 
 to be conservators of the peace 
 
 See, also. Judges. 
 Credit, Power of cities and incorporated villages to loan, to be restricted by 
 
 General Assembly 
 
 of State or counties. Loan of 
 
 Crime 
 
 No person to be held to answer for, but upon presentment or 
 
 indictment 
 
 of treason against the State, defined .' 
 
 Punishment of, by involuntary servitude 
 
 infamous, Conviction of, to disqualify as witness, unless by con- 
 sent 
 
 Persons convicted of certain species of, disfranchised 
 
 Perjury in taking oaths prescribed by Constitution 
 
 Criminal prosecutions— see Prosemtions, Criminal. 
 
 Cruelty in punishments forbidden 
 
 D. 
 
 Dd>t, Imprisonment for, prohibited 
 
 fraud in contracting. Arrest of persons charged with 
 
 Beasonable amount of property to be exempt from seizure for ... . 
 
 Powers of cities and incorporated villages to contract, to be 
 restricted by General Assembly 
 
 of Corporations, Assumption by the State, of 
 
 seizure for, Exemption of personal property from 
 
 of husband, Wife's separate property when exempted from lia- 
 bility for 
 
 iJefe, Public .' 
 
 of State, incurred by action of Convention of 1861, not to be oblig- 
 atory 
 
 of State, Gen. Assembly to provide for payment of interest on 
 
 Purposes for which State may contract 
 
 of State, contracted for payment of present outstanding indebted- 
 ness, how payable 
 
 Faith of the State pledged for the payment of its 
 
 Sinking-Fund to be applied to payment of. 
 
 Decisions, Judicial, publication of 
 
 of Supreme. Court 
 
 8zc. 
 
 7 
 
 i. 
 
 24 
 
 7 
 
 4,15 
 
 24,26 
 
 7 
 
 5 
 
 24 
 
 7 
 
 5 
 
 24 
 
 7 
 
 5 
 
 42 
 
 7 
 
 9 
 
 25 
 
 7 
 
 14 
 
 26 
 
 7 
 
 5 
 
 24 
 
 7 
 
 5 
 
 24 
 
 7 
 
 7 
 
 24 
 
 7 
 
 10 
 
 25 
 
 7 
 
 11 
 
 25 
 
 7 
 
 12 
 
 25 
 
 7 
 
 13 
 
 25 
 
 7 
 
 16 
 
 26 
 
 7 
 
 22 
 
 27 
 
 5 
 
 49 
 
 17 
 
 LO 
 
 6 
 
 34 
 
 1 
 
 8 
 
 3 
 
 1 
 
 9 
 
 3 
 
 1 
 
 11 
 
 4 
 
 5 
 
 37 
 
 15 
 
 7 
 
 22 
 
 27 
 
 8 
 
 3 
 
 29 
 
 8 
 
 5 
 
 30 
 
 1 
 
 14 
 
 4 
 
 1 
 
 14 
 
 4 
 
 1 
 
 14 
 
 4 
 
 5 
 
 49 
 
 17 
 
 10 
 
 16 
 
 36 
 
 12 
 
 1 
 
 37 
 
 12 
 
 6 
 
 33 
 
 10 
 
 
 33 
 
 1 
 
 25 
 
 6 
 
 10 
 
 4 
 
 34 
 
 10 
 
 9,10 
 
 35 
 
 10 
 
 10 
 
 35 
 
 10 
 
 11 
 
 35 
 
 10 
 
 14 
 
 36 
 
 6 
 
 26 
 
 13 
 
 7 
 
 18 
 
 26 
 
INDEX TO CONSTITUTION OF AEKANSAS. 
 
 cxlv 
 
 Decrees rendered on account of contract for sale of slaves 
 
 Deeds — see Conveyance. 
 
 Deferice, common, Right to bear arms for 
 
 in time of war, State may contract debts for 
 
 public, State may assume corporation debts contracted to provide 
 
 for 
 
 Deficiency in school-fund to be supplied by tax 
 
 in revenue. State may contract debts to supply 
 
 Delegates to Constitutional Convention not precluded from holding 
 
 office 
 
 Denominations of religion to be protected, each, in Its own mode of wor- 
 ship 
 
 Department, Legislative 
 
 Executive 
 
 Judicial 
 
 Departments of government 
 
 of government, to be held separated 
 
 Detention of witnesses, prohibited 
 
 Devises to the State 
 
 Disabilities — see Disfranchisement. 
 
 Disbursements from Treasury to be made only upon appropriation 
 
 Disburser o{ public moneys, jn arrears, ineligible to General Assembly, or 
 
 to office 
 
 Disease at seat of government. General Assembly may be elsewhere con- 
 voked in case of. 
 
 Disfranchisement, Security of the citizen against 
 
 Classes of persons subjected to 
 
 Support of reconstruction to relieve certain disqualified classes 
 
 from 
 
 Conditions under which General Assembly may relieve from 
 
 Disorderly behavioj' in presence of either House of General Assembly pun- 
 ishable by imprisonment 
 
 Dissent of member of either House of General Assembly, Reasons of, may 
 
 be entered on Journal 
 
 District, Judicial, to be ascertained by law 
 
 Selection of juries from 
 
 Districts, Congressional 
 
 Districts, Representative, re-arrangement of 
 
 not to be divided in the formation of Senatorial districts 
 
 declared 
 
 Districts, Senatorial, Ee-arrangement of 
 
 to be composed of convenient contiguous territory 
 
 Numbering of 
 
 declared 
 
 Districts, Eemoval of Senators and Eepresentatives from ' 
 
 Dividends, unclaimed, of estates of deceased persons. Proceeds of 
 
 Divorces 
 
 Documents, Official, to be turned over to ofBcers chosen at first election .... 
 
 Public, of Governor, etc., to be kept at seat of government 
 
 Domain, Eminent, Exercise of right of. 
 
 Domicil, Soldiers, sailors, and marines, not to acquire, by reason of being 
 
 stationed in State 
 
 Duelling 
 
 Due Process of law, Eight to 
 
 Dues from corporations, how secured 
 
 Dues to the State, Circulation of banking corporations, issued conformably 
 
 to Constitution, receivable for 
 
 Benefit of homestead-exemption not extended to indebtedness 
 for 
 
 Art. 
 
 Seo. 
 
 Page 
 
 15 
 
 14 
 
 44 
 
 .1 
 
 5,8 
 
 2,3 
 
 10 
 
 10 
 
 35 
 
 10 
 
 16 
 
 36 
 
 9 
 
 7 
 
 3« 
 
 10 
 
 9 
 
 35 
 
 15 
 
 19 
 
 45 
 
 1 
 
 23 
 
 6 
 
 5 
 
 
 8 
 
 6 
 
 
 17 
 
 r 
 
 1 
 
 22 
 
 4 
 
 1 
 
 8 
 
 4 
 
 2 
 
 8 
 
 1 
 
 7 
 
 3 
 
 9 
 
 4 
 
 32 
 
 10 
 
 3 
 
 34 
 
 5 
 
 43 
 
 15 
 
 6 
 
 8 
 
 19 
 
 5 
 
 37 
 
 14 
 
 8 
 
 3 
 
 28 
 
 8 
 
 3 
 
 29 
 
 8 
 
 4 
 
 29 
 
 36 
 
 14 
 
 5 
 
 16 
 
 11 
 
 1 
 
 8 
 
 3 
 
 5 
 
 32 
 
 13 
 
 14 
 
 1 
 
 40 
 
 5 
 
 8 
 
 9 
 
 5 
 
 9 
 
 10 
 
 14 
 
 2 
 
 40 
 
 6 
 
 8 
 
 9 
 
 5 
 
 9 
 
 10 
 
 5 
 
 9 
 
 10 
 
 14 
 
 2 
 
 40 
 
 5 
 
 10 
 
 10 
 
 9 
 
 4 
 
 32 
 
 5 
 
 39 
 
 15 
 
 So 
 
 11 
 
 49 
 
 6 
 
 18 
 
 20 
 
 1 
 
 15 
 
 4 
 
 8 
 
 2 
 
 28 
 
 1 
 
 22 
 
 6 
 
 1 
 
 9 
 
 3 
 
 5 
 
 48 
 
 16 
 
 5 
 
 50 
 
 17 
 
 12 
 
 3 
 
 38 
 
cxlvi INDEX TO CONSTITUTION OF AEKANSAS. 
 
 Art. 
 
 JUdttcaiuin , 9 
 
 to be encouraged by law 1 
 
 essential to preservation of rights and liberties of the people 9 
 
 of children to be made obligatory 9 
 
 Effects to be secure against unreasonable searches and seizures 1 
 
 Elections, Laws regulating, to be enacted 1 
 
 Undue influence at, by bribery, tumult, etc., to be prohibited 1 
 
 Religions test, or property, not to be required as a qualification of 
 
 any voter 1 
 
 Duelling to disqualify from voting 1 
 
 of EepresentativeB 5 
 
 of Senators 5 
 
 by either House of General Assembly, or in joint convention of 
 
 same ■ 5 
 
 prevention of frauds in. General Assembly to provide laws for 5 
 
 for vacancies in General Assembly 5 
 
 contested, Compensation and mileage in cases gf 5 
 
 for officers of Executive Department 6 
 
 for Governor and Lieutenant-Governor, Case of tie in 6 
 
 for officers of Executive Department, Returns of 6 
 
 Contested, for officers of Executive Department 6 • 
 
 to fill vacancies in offices of Secretary of State, Treasurer, Auditor, 
 
 Attorney-General, and Sup. of Public Instruction 6 
 
 for State, County, and Judicial officers, Returns of 6 
 
 for Justices of Supreme Court 7 
 
 for County Clerks 7 
 
 for Justices of the Peace 7 
 
 by the people to be by ballot 8 
 
 Intoxicating liquors at 8, Sc 
 
 of 1868, No vote for officers already elected, March 13th, 1868, to 
 
 be taken at 15 
 
 general. Time of holding 15 
 
 General, to be biennial 15 
 
 Municipal, for 1868 , 15, Sc 
 
 Judges of. 15 
 
 Clerks of 15 
 
 Elective Franchise 8 
 
 Electors, Religious test and property qualification not to be required as a 
 
 qualification of. 1 
 
 registration of. General Assembly to provide laws for 5 
 
 Qualifications of. 8 
 
 Privilege of. . .' 8 
 
 Oath of 8 
 
 Able-bodied, liable to military dnty 11 
 
 only, to sit on juries 15 
 
 Administration of oath to 15 
 
 at polls under Schedule, Qualifications of Sc 
 
 at polls under Schedule, Qualifications of, how divided Sc 
 
 Registered, may vote on ratification, at election under Act 
 of Congress, in any county where present at time of the elec- 
 tion Or 1 53 
 
 Election under Schedule: 
 
 Time of. gg 
 
 Officers, etc., to be chosen at go 
 
 Constitution to be submitted to people at ' go 
 
 Who may vote at go 
 
 Style of ballot at go 
 
 Commissioners may appoint Judges and Clerks of. So 
 
 Places and times of ; go 
 
 Sec. 
 
 PidK 
 
 
 31 
 
 23 
 
 6 
 
 1 
 
 31 
 
 6 
 
 32 
 
 12 
 
 4 
 
 19 
 
 5 
 
 19 
 
 5 
 
 21 
 
 5 
 
 22 
 
 6 
 
 3 
 
 8 
 
 9 
 
 9 
 
 17 
 
 11 
 
 25 
 
 13 
 
 33 
 
 13 
 
 42 
 
 15 
 
 1 
 
 17 
 
 4 
 
 18 
 
 19 
 
 20 
 
 19 
 
 21 
 
 22 
 
 21 
 
 26 
 
 22 
 
 3 
 
 23 
 
 19 
 
 26 
 
 20 
 
 27 
 
 1 
 
 23 
 
 7,15 
 
 30,50 
 
 3 
 
 42 
 
 3 
 
 42 
 
 3 
 
 42 
 
 4,6 
 
 42,47 
 
 22 
 
 45 
 
 22 
 
 45 
 
 
 28 
 
 21 
 
 5 
 
 25 
 
 13 
 
 2 
 
 28 
 
 6 
 
 30 
 
 5 
 
 29 
 
 1 
 
 36 
 
 20 
 
 45 
 
 22 
 
 45 
 
 10 
 
 48 
 
 12 
 
 49 
 
 1,4 
 
 46,47 
 
 1,4 
 
 46,47 
 
 1,4 
 
 46,47 
 
 2 
 
 46 
 
 3 
 
 46 
 
 4 
 
 47 
 
 4 
 
 47 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 cxlvii 
 
 Election under Schedule: 
 
 Returns of So 
 
 Contested elections at, how decided Sc 
 
 Contested elections at, for General Assembly, may be referred by 
 
 Commissioners to General Assembly Sc 
 
 Municipal elections 15, Sc 
 
 Contested county elections. Commissioners to appoint Boards to 
 
 decide Sc 
 
 on ratification of Constitution, Power of Commissioners to re- 
 view Sc 
 
 Commissioners to declare result of, on ratification Sc 
 
 Certified copy of result of, on ratification, with abstract of vote, to 
 
 be forwarded to President U. S So 
 
 OfiScers elected at. President of Convention to declare Sc 
 
 Persons disfranchised under Constitution, not to vote at Sc 
 
 Qualification of voters at tlie, how decided So 
 
 All voters at, to take electors' oath Sc 
 
 Sale or gift of intoxicating liquors during the Sc 
 
 Election, Commissioners of— see Commissioners of Election. 
 Election under Schedule, Clerhs of. Commissioners of Election may ap- 
 point ... .' Sc 
 
 Compensation of Sc 
 
 Election under Schedule, Judges of, Commissioners^ of Election may ap- 
 point Sc 
 
 to make returns to Commissioners Sc 
 
 to determine qualification of voters at the election Sc 
 
 Compensation of. Sc 
 
 Election, undek Act Congress, for ratification of Constitution : 
 Registered voter may vote at,in any county where he may be at 
 
 time of the election Ord 
 
 Style of ballot at Ord 
 
 No vote for ofiicers to be polled at Ord 
 
 Times and places of, to be designated by Commiss'rs of 'Election. . Ord 
 
 Secrecy of ballot at Ord 
 
 Election wider Act of Congress, Judges of, not to mark or deface, or permit 
 
 to be marked or defaced, any ballot Ord 
 
 Embezzlement of public funds, Persons convicted of, disfranchised 8 
 
 Eminent domain, Exercise of right of 1 
 
 Enemies of the State, Adherence to the 1 
 
 Enfranchisement — see Disfranchisement. 
 
 Enumeration of inhabitants to be taken every tenth year 5 
 
 Equality of all men before the law 8, 8 
 
 of all persons before the law 1 
 
 of privileges and immunities 1 
 
 £2«%, jurisdiction and proceedings in. Regulation of, by Gen. Assembly . . 5 
 Inferior Courts of, Supreme Court to have supervision and control 
 
 over 7 
 
 Error, Writs of 7 
 
 Escheat, Proceeds of lands, etc., accruing to State by 9 
 
 Estate, forfeiture of. No conviction to work 1 
 
 real, Conveyance of, to be provided for by general laws 5 
 
 Estates of infants, and others under legal disabilities 5 
 
 of deceased persons. Unclaimed shares, etc., of 9 
 
 Estrays, Proceeds of sales of 9 
 
 Evidence in criminal prosecutions for libel 1 
 
 against one's self 1 
 
 requisite to conviction of treason 1 
 
 Religious opinion not to disqualify from giving 1 
 
 Sec. 
 
 Pase 
 
 5 
 
 4T 
 
 6 
 
 47 
 
 6 
 
 47 
 
 4,6 
 
 42,47 
 
 7 
 
 48 
 
 8 
 
 48 
 
 9 
 
 48 
 
 9 
 
 48 
 
 9 
 
 48 
 
 10 
 
 48 
 
 12 
 
 49 
 
 12 
 
 49 
 
 15 
 
 50 
 
 4 
 
 47 
 
 16 
 
 15 
 
 4 
 
 47 
 
 5 
 
 47 
 
 12 
 
 49 
 
 16 
 
 50 
 
 1 
 
 53 
 
 2 
 
 53 
 
 2 
 
 53 
 
 3 
 
 53 
 
 4 
 
 63 
 
 53 
 
 3 
 
 29 
 
 15 
 
 4 
 
 11 
 
 4 
 
 8 
 
 9 
 
 1,5 
 
 29,30 
 
 3 
 
 2 
 
 18 
 
 5 
 
 44 
 
 15 
 
 4 
 
 24 
 
 4 
 
 24 
 
 4 
 
 31 
 
 13 
 
 4 
 
 40 
 
 15 
 
 39 
 
 15 
 
 4 
 
 32 
 
 4 
 
 32 
 
 2 
 
 2 
 
 9 
 
 3 
 
 11 
 
 4 
 
 21 
 
 5 
 
cxiviii 
 
 INDEX TO CONSTITUTION OF AEKANSAS. 
 
 Au-r. 
 
 Exchange of circuits by Judges of Inferior Courts 7 
 
 Execution — see Exemption. 
 Execution of the laws — see Laws. 
 
 Executive Department 4, 6 
 
 OfBcers of. 6 
 
 Term of officers of 6 
 
 Officers of, how chosen 6 
 
 Officers of, Governor may require information in writing from .... 6 
 
 Officers of, Eetnms of elections for 6 
 
 Officers of, how chosen in case of tie 6 
 
 Officers of. Compensation of 6 
 
 Officers of, ineligible to elective offices, during term for which 
 
 chosen 6 
 
 Executive power, Supreme, of State, vested in Governor 6 
 
 Executors, Testimony of, in actions by or against them 7 
 
 Exempted property 12 
 
 Exemption of property from seizure for debt 1 
 
 of public property, etc., from taxation 10 
 
 of personal property from taxation 10, 12 
 
 of personal property from seizure for debt 12 
 
 of homestead from seizure, except for taxes, etc 12 
 
 of homestead, for benefit of widow 12 
 
 of homestead, for benefit of children 12 
 
 of wife's property from liability for husband's debts 12 
 
 Exemption from burden or duty, Ko citizen to enjoy, on account of race, 
 
 etc 1 
 
 from militia duty 11 
 
 Expenditures, Public 10 
 
 of State and County officers. General Assembly may require 
 
 exhibit of. 10 
 
 Expenses of the State, Revenue to be raised to defray 10 
 
 State may contract debts to supply, not otherwise provided for . . . 10 
 
 incurred under provisions of Schedule, how paid Sc 
 
 Ex post facto laws prohibited 1 
 
 Expvlsixm of members of General Assembly 5 
 
 Extra sessions of Legislature 6 
 
 Seo. 
 
 Pass 
 
 10 
 
 25 
 
 1 
 
 8,17 
 
 1 
 
 17 
 
 1 
 
 17 
 
 1 
 
 17 
 
 4 
 
 IS 
 
 19 
 
 20 
 
 19 
 
 21 
 
 14 
 
 22 
 
 25 
 
 22 
 
 2 
 
 18 
 
 22 
 
 27 
 
 
 37 
 
 14 
 
 4 
 
 2 
 
 34 
 
 2,1,6 34, 
 
 37,38 
 
 1 
 
 37 
 
 3 
 
 37 
 
 4,5 
 
 38 
 
 5 
 
 38 
 
 6- 
 
 38 
 
 3 
 
 2 
 
 1 
 
 36 
 
 ■• 
 
 33 
 
 7 
 
 34 
 
 4 
 
 34 
 
 9 
 
 35 
 
 17 
 
 50 
 
 13 
 
 4 
 
 14 
 
 11 
 
 6 
 
 18 
 
 Faith of the State pledged for payment of its debt i 
 
 Federal Government, Paramount allegiance due to the 
 
 Constitutional powers of, how defined 
 
 Powers of, to maintain itself 
 
 may, constitutionally, employ armed force in compelling obe- 
 dience 
 
 Federal Union indissoluble 
 
 Attempt to secede from, may, constitutionally, be repressed by 
 
 armed force of U. S 
 
 Fees of County Clerks 
 
 Felont/, Privilege of Senators and Representatives not to extend to 
 cases of 
 
 Privilege of electors not to extend to cases of. 
 
 Female, Property of. 
 
 Feme covert. Separate property of. 
 
 Feudal tenures prohibited 
 
 Finalpassage of bills and jomt resolutions 
 
 Finances, Taxation, Public Debt, and Expenditures 
 
 Findings in trials by the Court 
 
 10 
 
 11 
 
 35 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 
 
 1 
 
 1 
 
 2 
 
 1 
 
 1 
 
 2 
 
 1 
 
 1 
 
 2 
 
 7 
 
 19 
 
 26 
 
 6 
 
 12 
 
 10 
 
 8 
 
 6 
 
 30 
 
 12 
 
 6 
 
 38 
 
 12 
 
 6 
 
 38 
 
 1 
 
 24 
 
 6 
 
 5 
 
 21 
 
 12 
 
 10 
 
 , , 
 
 33 
 
 7 
 
 11 
 
 25 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 cxlix 
 
 Fines, Excessive, not to be imposed 
 
 accruing to State, Disposition of 
 
 Force, armed, Employment of, by Federal Government, in compelling obe- 
 dience 
 
 Foreign-bom residents, Eights of 
 
 Forfeiture of estate 
 
 Forfeitures accruing to the State 
 
 Franchise 
 
 Fraud in contracting debt 
 
 in elections, prevention of, General Assembly to provide laws 
 
 for 
 
 Freedom of the press : 
 
 Keligious 
 
 Free Schools — see ScJwols. 
 
 Funds, Public, not to be appropriated except by bill 
 
 Holders of, in arrears, ineligible to Gen. Assembly, or to office. . . . 
 
 embezzlement of, Persons convicted of, disfranchised 
 
 in hands of State and county officers. General Assembly may de- 
 cide time and manner of accounts for 
 
 Disbursements of, to be only by appropriation. 
 
 set apart for one purpose, to be used for no other 
 
 See, also, School-Fund, Sinking-Fund, and Trust Funds. 
 
 1 
 
 7 
 
 3 
 
 9 
 
 i 
 
 32 
 
 1 
 
 1 
 
 2 
 
 1 
 
 20 
 
 5 
 
 1 
 
 13 
 
 4 
 
 9 
 
 4 
 
 32 
 
 8 
 
 
 28 
 
 1 
 
 14 
 
 4 
 
 5 
 
 25 
 
 13 
 
 1 
 
 2 
 
 2 
 
 1 
 
 23 
 
 6 
 
 6 
 
 20 
 
 12 
 
 5 
 
 43 
 
 16 
 
 8 
 
 3 
 
 29 
 
 10 
 
 7 
 
 34 
 
 10 
 
 8 
 
 34 
 
 15 
 
 10 
 
 43 
 
 G. 
 
 GENERAL ASSEMBLY: 
 
 Action of, under authoi'ity of Convention of 1861, null and void . . 
 
 Debts of State contracted by, under authority of Convention of 
 1861, never to be recognized as obligatory 
 
 Legislative power of State vested in 
 
 how constituted 
 
 Time and place of meeting of. 
 
 Number of members of 
 
 First, when to meet 
 
 Removal of members of, from their districts 
 
 Persons ineligible to 
 
 Privilege of members of 
 
 Members not to be elsewhere questioned for remarljs made in ... . 
 
 Quorum 
 
 Powers of each House of 
 
 Mode of elections in 
 
 Proceedings of, to be public 
 
 Secret session of either House of 
 
 Adjournments of Houses of 
 
 Bills may originate in either House of 
 
 Bills for raising revenue 
 
 Rules of either House of, suspended by two-thirds vote 
 
 Passage of bills and joint resolutions 
 
 Acts of, to embrace but one subject 
 
 Acts of, when to take effect 
 
 Revision, alteration, or amendment, of laws, by 
 
 Introduction of bills during last three days of session of 
 
 Style of laws 
 
 Bills and concurrent resolutions, except of adjournment, to be pre- 
 sented to Governor for approval 
 
 Proceedings of, upon bills and concurrent resolutions, after 
 veto 
 
 Effect of such adjournment of, as to prevent prescribed return of 
 bills by Governor 
 
 25 
 
 1 
 
 25 
 
 6 
 
 5 
 
 1 
 
 8 
 
 5 
 
 1 
 
 8 
 
 5 
 
 2 
 
 8 
 
 5 
 
 7 
 
 9 
 
 5 
 
 2 
 
 8 
 
 5 
 
 10 
 
 10 
 
 5 
 
 11,43 
 
 10,15 
 
 5 
 
 12 
 
 10 
 
 5 
 
 12 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 14 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 18 
 
 11 
 
 5 
 
 18 
 
 12 
 
 5 
 
 18 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 21 
 
 12 
 
 6 
 
 21 
 
 12 
 
 5 
 
 22 
 
 12 
 
 5 
 
 22 
 
 12 
 
 5 
 
 23 
 
 12 
 
 5 
 
 24 
 
 12 
 
 5 
 
 27 
 
 13 
 
 5 
 
 35 
 
 14 
 
 5 
 
 35 
 
 14 
 
 5 
 
 35 
 
 14 
 
5 
 
 36 
 
 84 
 
 5 
 
 43 
 
 15 
 
 5 
 
 42 
 
 15 
 
 5 
 
 51 
 
 17 
 
 6 
 
 4 
 
 18 
 
 6 
 
 6 
 
 18 
 
 6 
 
 7 
 
 18 
 
 6 
 
 8 
 
 19 
 
 10 
 
 5 
 
 34 
 
 13 
 
 1 
 
 39 
 
 14 
 
 2 
 
 40 
 
 15 
 
 3 
 
 42 
 
 15 
 
 7 
 
 42 
 
 15 
 
 8 
 
 43 
 
 So 
 
 1,4 
 
 46,47 
 
 cl INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Abt. Sec. Page 
 
 General Assembly: 
 
 Power of either House of, to imprison for contempt 
 
 Holders of public moneys, in arrears, ineligible to 
 
 Compensation and mileage in case of contested election for 
 
 Final adjournment of, to be at 12, si 
 
 to choose Governor and Lieutenant-Governor in case of tie 
 
 Extra sessions of 
 
 Messages of Governor to 
 
 may, in cases stated, be convoked elsewhere than at seat of 
 government 
 
 Laws imposing tax, to state distinctly object of the same 
 
 Action of, upon Amendments to Constitution, proposed by pre- 
 ceding Legislature 
 
 Apportionment of members of 
 
 Time of election for members of. 
 
 Compensation of members of 
 
 Mileage of members of 
 
 First election for 
 
 Commissioners of election may decide contested elections for, or 
 may refer the same to General Assembly Sc 6 47 
 
 Duties Obligatory. 
 General Assembly : 
 
 [For obligations binding on the Government, to protect the 
 fundamental rights and privileges of the citizen, see Art. I of 
 the Constitution, passim."] 
 
 to pass laws regulating elections 1 19 $ 
 
 to prohibit, under adequate penalties, all undue influences at elec- 
 tions, from bribery, tumult, or improper conduct 
 
 to pass laws for protection of religious liberty 
 
 to pass laws for the encouragement of education i 
 
 to provide, by law, for census in 1875, and every tenth year there- 
 after 
 
 to prescribe manner in which State printing shall be executed 
 
 Journal to be kept by each House of, etc 
 
 to enact, and publish at length, acts revised, and sections of acts as 
 altered or amended 
 
 at first session, to provide laws for registration of electors 
 
 to provide laws for prevention of frauds in elections 
 
 to provide for speedy publication of public statutes, and judicial 
 decisions 
 
 to enact a penal code 
 
 by general laws, to prov'ide for change of venue in criminal or 
 penal prosecutions 
 
 to provide concerning selection of juries 
 
 to provide for issue of writs of election to fill vacancies in either 
 House 
 
 to reconsider bills and concurrent resolutions after veto 
 
 by general laws, to confer power on courts to grant divorces 
 
 by general laws, to confer power on courts to change names of indi- 
 viduals 
 
 by general laws, to confer power on courts to direct sales of estates 
 of infants or others under legal disabilities 
 
 by general laws, to provide for conveyances of real estate 
 
 by general law, to provide for vacation or alteration of roads or 
 streets 
 
 to prohibit sale of lottery tickets 
 
 to provide for bringin{»of suits by and against the State 
 
 to provide for maintenance of paupers 
 
 1 
 
 19 
 
 5 
 
 1 
 
 23 
 
 6 
 
 1 
 
 23 
 
 6 
 
 5 
 
 8 
 
 9 
 
 5 
 
 15 
 
 11 
 
 5 
 
 16 
 
 11 
 
 5 
 
 23 
 
 12 
 
 5 
 
 25 
 
 13 
 
 5 
 
 25 
 
 13 
 
 5 
 
 26 
 
 13 
 
 5 
 
 29 
 
 13 
 
 5 
 
 30 
 
 13 
 
 5 
 
 32 
 
 13 
 
 5 
 
 33 
 
 13 
 
 6 
 
 35 
 
 14 
 
 5 
 
 39 
 
 15 
 
 39 15 
 
 5 
 
 39 
 
 15 
 
 6 
 
 40 
 
 15 
 
 5 
 
 40 
 
 15 
 
 5 
 
 41 
 
 IS 
 
 5 
 
 45 
 
 16 
 
 5 
 
 46 
 
 16 
 
INDEX TO CONSTITUTION OF AEKANSAS. cli 
 
 General Assembly : 
 
 by general laws, to provide for organization of cities and incor- 
 porated villages 
 
 to restrict the powers of cities and incorporated villages 
 
 to choose Governor and Lieutenant-Governor in case of tie 
 
 to direct course to be taken in eacli case of conviction for treason, 
 reported by Governor 
 
 in case of tie, to elect, by joint vote of both Houses, officers of 
 Executive Department 
 
 to determine contested elections for officers of Ex. Department. . . . 
 
 to establish, by law, the compensation of officers of Ex. Dept 
 
 to prescribe terms of inferior courts 
 
 to afford protection against evils arising from intoxicating liquors 
 at elections 
 
 to establish and maintain a system of free schools 
 
 to provide salary and prescribe duties of Superintendent of Public 
 Instruction 
 
 to establish and maintain a State University, as soon as Public- 
 School-Fund will permit 
 
 to require attendance of children on public schools 
 
 to provide, by taxation, for supplying deficiency in School-Fund . . 
 
 to reduce county school-funds, when practicable, into Publio- 
 School-Fund 
 
 to provide, by general laws, for taxation to build and furnish 
 school-houses 
 
 to tax, by uniform rule, all property not specially exempted 
 
 to provide for appointment of appraiser of property 
 
 to provide for equal taxation of property employed in banking.with 
 that imposed on other property of individuals 
 
 to provide for raising revenue.' 
 
 to provide for paying interest on State debt 
 
 to create ,Sinking-Fund for payment of State debt 
 
 to provide for raising and disbursing Sinking-Fund 
 
 to tax occupations, etc., of no real use to society 
 
 !o provide for organizing, equipping, and disciplining militia 
 
 to pass laws providing for registration of wife's separate prop- 
 erty 
 
 to refer to next Legislature, amendments proposed to Constitu- 
 tion 
 
 to submit to the people, proposed amendments to Constitution, 
 upon ratification by two successive Legislatures 
 
 to define powers and duties of officers, in cases not otherwise pro- 
 vided for 
 
 to provide suitable compensation for all officers 
 
 to provide suitable compensation for Commissioners of Codifica- 
 tion ■•■ 15 11 43 
 
 PoWEKa DiSCKETIONAKY. 
 
 General Assembly : 
 
 General legislative power of State vested in 
 
 may make minor offences cognizable by Justices of the Peace 
 
 may provide for arrest of persons charged with fraud in contracting 
 
 debt 
 
 may by law alter time of meeting 
 
 may re-arrange, after each census, Senatorial and Representative 
 
 districts 
 
 Powers of each House of 
 
 may provide for county, township, or precinct governments 
 
 may authorize appeals in criminal or penal cases 
 
 iBT. 
 
 SCO. 
 
 Paok 
 
 5 
 
 49 
 
 16 
 
 5 
 
 49 
 
 17 
 
 6 
 
 4 
 
 18 
 
 6 
 
 9 
 
 19 
 
 6 
 
 19 
 
 21 
 
 6 
 
 19 
 
 21 
 
 6 
 
 24 
 
 22 
 
 7 
 
 14 
 
 26 
 
 3 
 
 7 
 
 30 
 
 9 
 
 1 
 
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 9 
 
 2 
 
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 9 
 
 3 
 
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 9 
 
 6 
 
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 9 
 
 7 
 
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 9 
 
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 10 
 
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 2 
 
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 6 
 
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 1,2 
 
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 15 
 
 2 
 
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 15 
 
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 5 
 
 1 
 
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 1 
 
 9 
 
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 1 
 
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 2 
 
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 5 
 
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 11 
 
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 25 
 
 13 
 
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5 
 
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 34 
 
 13 
 
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 di 
 
 13 
 
 5 
 
 36 
 
 14 
 
 5 
 
 a 
 
 15 
 
 5 
 
 48 
 
 16 
 
 5 
 
 48 
 
 16 
 
 clii INDEX TO CONSTITUTION OF ARKANSAS. 
 
 General Assembly : 
 
 may regulate right of challenge of jurors 
 
 may declare cases in which offices shall be deemed vacant 
 
 may provide for manner of filling vacancies in office, where no pro- 
 vision is made in Constitution 
 
 Either House of, may, during its session, imprison, for contempt, 
 
 any person not a member 
 
 may, subject to provisions of Constitution, alter and regulate juris- 
 diction and proceedings in law and equity 
 
 may enact general laws for formation of corporations 
 
 may alter or repeal general laws for formation of corporations 
 
 may pardon, commute, direct execution, or reprieve, in each case 
 
 of conviction for treason, reported by Governor 6 9 19 
 
 may require Secretary of State to produce record of official acts 
 and proceedings of Governor, and all papers, minutes, and 
 
 vouchers, relative thereto ^ . . , . 
 
 may provide, as they may see fit, respecting appointment of Com- 
 missioner of Public Works and Internal Improvements 
 
 may provide concerning office of Commissioner of Immigration and 
 
 of State Lands 
 
 may prescribe additional duties of Commissioner of Public Works 
 
 and Internal Improvements 
 
 may establish inferior courts 
 
 Powers of the two Houses of, respectively, in matter of impeach- 
 ment 
 
 may provide for holding terms of Supreme Court at three places 
 
 other than seat of government 
 
 may provide for establishment of inferior courts, changes of juris- 
 diction, or abolition of existing inferior courts 
 
 may provide (not interfering with term of any Judge) concerning 
 
 term of office of Judges of inferior courts 
 
 may direct manner of publication of decisions of Supreme 
 
 Court 
 
 may, under conditions, enfranchise certain classes from disfran- 
 chisement 
 
 may provide additional officers for supervision of public schools. . . 
 may make appropriation from ordinary annual revenue of State, 
 
 toward maintenance of free schools and University 9 4 32 
 
 may prescribe manner and time of sale of stocks belonging to 
 
 School or University Fund 
 
 may prescribe manner of appraisement of personal property 
 
 may exempt from taxation, five hundred dollars of personal prop- 
 erty to each tax-payer 
 
 may, by law, require exhibit of accounts of State and county 
 
 officers 
 
 may contract State debts, to repel invasion, suppress insurrection, 
 preserve public peace, defend State in time of war, or redeem 
 
 present outstanding indebtedness of State 
 
 may direct mode of application of Sinking-Fund 
 
 may appropriate moneys to payment of State debt 
 
 may prescribe conditions of exemption, on grounds of conscience, 
 
 from militia duty 
 
 Amendments to Constitution may be proposed in either House of. . 
 may, at first session after adoption of Constitution, re-arrauge Con- 
 gressional districts 
 
 may determine mode of filling vacancies in office, in cases not 
 
 otherwise provided for 
 
 may determine mode of choosing necessary officers, prescribe their 
 powers and duties, and provide suitable compensation, in cases 
 not otherwise provided for ]^5 o 41 
 
 6 
 
 20 
 
 21 
 
 6 
 
 23 
 
 21 
 
 6 
 
 23 
 
 22 
 
 6 
 
 23 
 
 22 
 
 7 
 
 1 
 
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 7 
 
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 40 
 
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 2 
 
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15 
 
 7 
 
 42 
 
 15 
 
 8 
 
 43 
 
 15 
 
 10 
 
 43 
 
 15 
 
 15 
 
 44 
 
 INDEX TO CONSTITUTION OF ARKANSAS. cliii 
 
 Art. Seo. Page 
 
 General Assembly : 
 
 may provide for election of township and precinct officers 15 5 42 
 
 may provide for cliange in manner of appointment of Prosecuting 
 Attorneys 15 6 42 
 
 may, witli limitation specified, prescribe compensation of Senators 
 and Representatives 
 
 may alter mileage of Senators and Eepresentatives 
 
 may specially authorize diversion of public funds, by the Legisla- 
 ture set apart for special purposes, to other objects 
 
 may adopt a new Seal of the State 
 
 may, by general law, declare legal rate of interest, when not speci- 
 fied in contracts 15 21 45 
 
 Powers Denied. 
 General Assemily ! 
 
 [Kor powers denied to the Government, as in contravention of the 
 
 fundamental rights and privileges of the citizen, see Art. I of the 
 
 Constitution, passim.] 
 
 not to pass attainder, or laws ex post facto, or impairing obligation 
 
 of contracts 
 
 not to discriminate between citizens in grants of privileges or im- 
 munities 
 
 to pass no law recognizing obligation of debts of State incurred by 
 or under authority of Convention of 1861 
 
 not to change apportionment till after census of 1875 
 
 Representative district not to be divided in the formation of a Sen- 
 atorial district 
 
 not to rescind or alter contracts for printing 
 
 not to release contractors for State printing, or their securities, from 
 performance of provisions of contract 
 
 Neither House of, to adjourn, without consent of the other, for 
 more than three days, nor to any place other than where General 
 Assembly may then be in session 
 
 not to make appropriations except by bill 
 
 . not to revise or amend laws by reference to title only 
 
 not to change the venue in criminal or penal prosecution 
 
 Neither House of, to imprison, for contempt, for over twenty-four 
 hours ' 5 36 14 
 
 not to disfranchise or deprive of any privilege secured, any 
 citizen 
 
 Slavery and involuntary servitude, except for crime, prohibited . . . 
 
 not to make compensation for emancipated slaves 
 
 not, by special legislation, to grant divorces 
 
 not, by special legislation, to change names of individuals 
 
 not, by special legislation, to direct sales of estates of infants or 
 others under legal disabilities 5 39 15 
 
 not, by private or special law, to authorize conveyance of real 
 estate 
 
 not, by private or special law, to vacate or alter roads or streets . . . 
 
 not to authorize any lottery 
 
 not to authorize municipal corporations to pass laws contrary to 
 general laws of State 
 
 not to authorize municipal corporation to levy tax exceeding two 
 per cent, of assessed value 
 
 not to pass special act conferring corporate powers 
 
 Conditions to be observed in general laws for formation of corpora- 
 tions 
 
 not to appropriate right of way to any corporation, without full 
 compensation paid or secured 
 
 20 
 
 1 
 
 13 
 
 4 
 
 1 
 
 18 
 
 5 
 
 1 
 
 25 
 
 6 
 
 5 
 
 8 
 
 9 
 
 5 
 
 9 
 
 10 
 
 5 
 
 15 
 
 11 
 
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 15 
 
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 18 
 
 12 
 
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 23 
 
 12 
 
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 30 
 
 13 
 
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 15 
 
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 47 
 
 16 
 
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 47 
 
 "l6 
 
 5 
 
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 16 
 
5 
 
 50 
 
 17 
 
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 22 
 
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 22 
 
 7 
 
 5 
 
 24 
 
 7 
 
 13 
 
 25 
 
 8 
 
 4 
 
 29 
 
 10 
 
 1 
 
 33 
 
 10 
 
 2 
 
 34 
 
 10 
 
 6 
 
 34 
 
 cliv INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Art. Sec. Fase 
 
 General Assembly ; 
 
 Conditions to be observed in laws for formation of banking corpora- 
 tions 
 
 not to diminish compensation of officers of Executive Department, 
 during term for whicli elected or appointed 
 
 may not elect to office, any officer of Executive Department, 
 or Judge of Supreme Court, during term for which he was 
 chosen 
 
 not to interfere with term of office of any Judge 
 
 not to diminish compensation of Judges during their term of 
 office 
 
 not to enfranchise those who, after framing of Constitution, oppose 
 reconstruction 
 
 not to levj' poll-tax, but for school purposes 
 
 not to tax burying-grounds, public-school-houses, houses used 
 exclusively for public worship, institutions of purely public 
 charity, or public property used exclusively for public pur- 
 poses - 
 
 not to loan credit of State, without consent of the people 
 
 not to appropriate money arising from creation of debts contracted 
 to supply deficits in revenues, etc., except for purposes for which 
 obtained, or for payment of debt so contracted 10 9 35 
 
 not to appropriate money arising from contraction of debts to 
 repel invasion, etc., or redeem present outstanding indebted- 
 ness of State, to any purpose other than that for which it was 
 raised 10 10 35 
 
 State debts contracted by, to redeem present outstanding indebted- 
 ness, to be contracted not otherwise than as payable by Sinking- 
 Fund 10 10 35 
 
 not to appropriate, to payment of State debt. School and Trust 
 Eunds held by State 
 
 not to assume, on behalf of State, debts of county or other corpora- 
 tions, unless created to repel invasion, suppress insurrection, or 
 provide for public welfare and defence 10 16 86 
 
 not to tax occupations, etc., of any real use to society 
 
 not to interfere with term of any appointed Prosecuting At- 
 torney •. 15 6 42 
 
 not to prescribe increase of compensation of Senators and Rep- 
 resentatives, to take effect until expiration of term of Representa- 
 tives 
 
 to establish no new county of less than six hundred square miles. . 
 
 not to reduce established county to less than six hundred square 
 miles 
 
 not to limit rate of interest for which individuals may contract. . . . 
 
 Reports to. 
 General Assembly, Reports to : 
 
 by Governor, in form of message 
 
 by Governor, in cases of conviction for treason 
 
 by Governor, of each case of pardon, etc 
 
 by Secretary of State, of records, etc., on demand 
 
 by Commissioners of Sinking-Fund 
 
 by Commissioners of Codification 
 
 'See, also. Senate^ Senators, Representatives House of, and Representatives. 
 
 Gifts to the State 
 
 God 
 
 Gmernment, Object of. 
 
 Right of the people to alter or reform 
 
 10 
 
 10 
 
 10 
 
 14 
 
 10 
 
 16 
 
 10 
 
 17 
 
 15 
 
 7 
 
 42 
 
 15 
 
 12 
 
 43 
 
 15 
 
 12 
 
 43 
 
 15 
 
 21 
 
 45 
 
 6 
 
 7 
 
 18 
 
 6 
 
 9 
 
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 6 
 
 9 
 
 19 
 
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 10 
 
 13 
 
 35 
 
 15 
 
 11 
 
 43 
 
 9 
 Pr 
 
 4 
 
 32 
 1 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
INDEX TO CONSTITUTION OF ARKANSAS. civ 
 
 Government, good, Religion, morality, and knowledge essential to 
 
 Government, Federal, Paramount allegiance dne to the 
 
 Constitutional powers of, how defined 
 
 Government, Seat of. 
 
 Executive officers to reside at 
 
 Public records, etc., pertaining to Governor, etc., to be kept at ... . 
 
 Governments, Connty, township, and precinct 
 
 Governor, Bills and concurrent resolutions, except of adjournment, to be pre- 
 sented to, for approval 
 
 to sign bills if he approve them 
 
 to return bills of which he may disapprove, with his objections, to 
 House in which they originated 
 
 Bills not returned by, within three days (with exceptions stated), 
 to become laws 
 
 may approve, etc., within three days after adjournment, bills passed 
 during last three days of session 
 
 an officer of Executive Departmeht 
 
 Term of office of 
 
 how chosen ,' 
 
 Supreme executive power of State vested in 
 
 Qualifications of 
 
 Case of tie in elections for 
 
 to be Commander-in-Chief 
 
 may call out forces of State to execute laws, etc 
 
 to transact all necessary business with State officers 
 
 may require information in writing, of officers of Executive Depart- 
 ment 
 
 to see that the laws are faithfully executed 
 
 may convene Legislature on extraordinary occasions 
 
 to communicate information and recommendations by message, to 
 General Assembly 6 7 18 
 
 Power of, to convoke General Assembly elsewhere than at seat of 
 Government 
 
 Pardoning ppwer of 
 
 on conviction of treason, may suspend execution of sentence until 
 report made to General Assembly 
 
 to inform Gen. Assembly concerning each case of pardon, etc 
 
 Impeachment, disability, etc., of. 
 
 Vacancy in office of 
 
 Persons ineligible to office of 
 
 Official acts of (except approval of laws) to be authenticated by 
 Great Seal of the State 
 
 to appoint Notaries Public 
 
 to sign all commissions to officers under Constitution 
 
 to reside at seat of government 
 
 to keep at seat of government all public records, etc., of his 
 office 
 
 Returns of election for 
 
 how chosen in case of tie 
 
 Contested elections for, to be determined by Gen. Assembly 
 
 Sec. of State to keep records of official acts and proceedings of 
 
 Secretary of State to lay before General Assembly, upon demand, 
 records of acts, etc., of. 
 
 Compensation of. 
 
 acting. Compensation of 
 
 ineligible to elective office, during term for which chosen 
 
 to fill vacancies in offices of Secretary of State, Treasurer, Auditor, 
 Attorney General and Sup. Pub. Instruction 6 22 21 
 
 to appoint Commissioner of Public Works and Internal Improve- 
 ments 6 23 21 
 
 Akt. 
 
 Sec. 
 
 Page 
 
 1 
 
 23 
 
 5 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 3,6 
 
 — 8 
 
 8,19 
 
 6 
 
 18 
 
 20 
 
 6 
 
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 20 
 
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 4,19 
 
 18,21 
 
 6,11 
 
 4,3 
 
 18,37 
 
 6,11 
 
 4,3 
 
 18,37 
 
 6 
 
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 J8 
 
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 ,26 
 
 20,22 
 
 18 
 
 -20 
 
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S£C. 
 
 Pass 
 
 2 
 
 23 
 
 3 
 
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 5 
 
 24 
 
 7 
 
 24 
 
 16 
 
 26 
 
 12 
 
 35 
 
 5 
 
 42 
 
 6 
 
 42 
 
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 48 
 
 9 
 
 3 
 
 2i 
 
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 i 
 
 32 
 
 
 1 
 
 15, 17, 15 
 
 20,44 
 
 4 
 
 2 
 
 22 
 
 27 
 
 3 
 
 28 
 
 3,4 
 
 29 
 
 clvi INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Art. 
 
 Governor liable to impeachment 7 
 
 to appoint Chief Justice of Supreme Court 7 
 
 to appoint Judges of inferior courts 7 
 
 to commission special Judges for Supreme Court 7 
 
 to fill vacancies in office of Judge 7 
 
 to be one of the Commissioners of the Sinking Fund 10 
 
 to appoint township and precinct officers, till General Assembly 
 
 shall provide for election 15 
 
 to appoint Prosecuting Attorneys 15 
 
 First election for Sc 
 
 when to enter upon duties of oiBce Sc 
 
 Grand Jury, Presentment or indictment of, requisite to criminal prosecu- 
 tions 1 
 
 Grants of land for more than twenty-one years 1 
 
 to the State 9 
 
 Gratitude to God Pr 
 
 Great Sea? of the State 6,6, 15 
 
 Grievances, redress of. Eight to petition for 1 
 
 Guardians, Testimony of, in suits for or against them 7 
 
 Guerillas disfranchised 8 
 
 Conditions of restoration of franchise to 8 
 
 H. 
 
 Habeas Corpus 1, 7 
 
 Uomestead of head of family not to be encumbered, except for taxes, etc 12 
 
 Homestead Exemption 12 
 
 for benefit of widow 12 
 
 for benefit of children during minority 12 
 
 House of Sepresentatives—see Mepresentaiives, Bouse of. 
 
 Houses not to be searched without due warrant 1 
 
 of worship exempt from taxation 10 
 
 Husband, Wife's separate property not to be liable for debts of, unless en- 
 trusted to his management or control 12 6 38 
 
 I. 
 
 Jdiols not allowed the elective franchise 8 
 
 Immigration, Commissioners of 6 
 
 Immunity, Citizens to be deprived of no, on account of race, etc 1 
 
 Immumities, Equality of 1 
 
 civil and political. Voter's oath to attempt to deprive no person of, 
 
 on account of race or color 8 
 
 Impeachment, Action of Grand Jury not requisite to 1 
 
 Case of, an exception to pardoning power of Governor 6 
 
 of Governor 6 
 
 of Lieutenant Governor 6 
 
 Vacancies occasioned by, of Sec. of State, Treasurer, Auditor, Att. 
 
 Gen., or Supt. of Pub. Instruction, how filled 6 
 
 Court of. Judicial power vested in Senate when sitting as 7 
 
 Sole power of, to be in House of Representatives 7 
 
 to be tried by the Senate 7 
 
 Proceedings in trial of 7 
 
 Officers liable to 7 
 
 Judgment in cases of 7 
 
 Neither conviction nor acquittal in, to absolve from indictment, 
 
 trial, and judgment, according to law 7 
 
 Imprisonment for debt prohibited 1 
 
 of persons charged with fraud in contracting debt. General Assem- 
 bly may provide for 1 14 
 
 9,4 
 
 4,24 
 
 2 
 
 37 
 
 3 
 
 37 
 
 4,5 
 
 38 
 
 5 
 
 38 
 
 12 
 
 4 
 
 2 
 
 34 
 
 3 
 
 29 
 
 23 
 
 22 
 
 3 
 
 2 
 
 18 
 
 5 
 
 5 
 
 30 
 
 9 
 
 3 
 
 9 
 
 19 
 
 10 
 
 19 
 
 11 
 
 19 
 
 22 
 
 21 
 
 1 
 
 22 
 
 2 
 
 23 
 
 2 
 
 23 
 
 2 
 
 23 
 
 2 
 
 23 
 
 2 
 
 23 
 
 2 
 
 23 
 
 14 
 
 4 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clvii 
 
 Imprismmmt for contemptnous behavior in General Assembly 
 
 Improvements on homestead. Homestead not exempt from sale for payment 
 
 of .' 
 
 Jndebtedness, Outstanding, of State, Debts may be contracted to redeem 
 
 Faith of the State pledged to payment of 
 
 Sinking-Fund to be applied to payment of 
 
 Indfititures effecting involuntary servitude, prohibited 
 
 of persons, executed out of State, or for more than one year, in- 
 valid 
 
 of apprenticeship 
 
 Indictment or presentment of grand jury requisite to criminal prosecu- 
 tions 
 
 Style of 
 
 Ineligibility to General Assembly of U. S., State or County officers (with ex- 
 ceptions stated) 
 
 to office of Governor, of Members of Congress, or U. S. or State 
 
 officers 
 
 of holders of public moneys, in arrears, to office, or General Assem- 
 
 biy : 
 
 to elective offices, of Officers of Executive Department, and Judges 
 of Supreme Court, (Juring time for which chosen 
 
 Classes ineligible to any office 
 
 Infamy to disqualifj' as witness, unless by consent 
 
 Infants, Sales of estates of 
 
 Inferior Courts — see Courts, Inferior. 
 
 Inhaiitanis of State, Enumeration of the, to be taken every tenth year 
 
 Injuries, Right to remedy for 
 
 Insane persons not allowed the elective franchise 
 
 Inspector of elections under Ordinance, not to mark, deface, or permit to be 
 
 marked or defaced, any ballot 
 
 Instruction to Representatives, Right of 
 
 Means of, to be encouraged bj' law '. 
 
 Public, Superintendent of— see Superintsndenf. 
 
 gratuitous, General Assembly to provide for 
 
 Instructions of the Court, in trials by jury 
 
 Instruments, No distinction to exist between sealed and unsealed, in con- 
 tracts between, individuals 
 
 Instruments of xoriting — see Conveyance. 
 Insurrection, Suppression of 
 
 State may contract debts to suppress 
 
 State may assume corporation debts created for suppression of ... . 
 Interest on State debt 
 
 rate of, Laws regulating 
 
 of Judge in event of a cause, to disqualify from presiding at 
 trial 
 
 in result of suit not to disqualify as witness 
 
 Internal Improvements, Oimmissioner of Public Woi-ks and 
 
 Intoxicating liquors at elections 
 
 at election under provisions of Schedule 
 
 Invasion, Suspension of habeas corpus in case of 
 
 Governor may call out Military to repel 
 
 State may contract debts to repel 
 
 Staf e may assume corporation debts created to repel 
 
 Investment of school-fund 
 
 Irmoluntary servitude, except for crime, prohibited 
 
 Art. 
 
 Seo. 
 
 Page 
 
 5 
 
 36 
 
 14 
 
 12 
 
 3 
 
 38 
 
 10 
 
 10 
 
 35 
 
 10 
 
 11 
 
 35 
 
 10 
 
 14 
 
 36 
 
 5 
 
 37 
 
 15 
 
 15 
 
 13 
 
 44 
 
 15 
 
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 G 
 
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 Or 
 
 4 
 
 53 
 
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 9 
 
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 31 
 
 7 
 
 11 
 
 25 
 
 15 
 
 16 
 
 44 
 
 6,11 
 
 4,3 
 
 18,37 
 
 10 
 
 10 
 
 35 
 
 10 
 
 16 
 
 , 36 
 
 10 
 
 4,11 
 
 34, 35 
 
 15 
 
 21 
 
 45 
 
 7 
 
 7 
 
 24 
 
 7 
 
 22 
 
 27 
 
 6 
 
 23 
 
 21 
 
 3 
 
 7 
 
 30 
 
 So 
 
 15 
 
 50 
 
 1 
 
 9 
 
 4 
 
 6,11 
 
 4.3 
 
 18,37 
 
 10 
 
 16 
 
 35 
 
 10 
 
 16 
 
 36 
 
 9 
 
 4,5 
 
 32 
 
 5 
 
 37 
 
 15 
 
 J. 
 
 J ayliawkers disfranchised 
 
 Conditions of restoration of franchise to. 
 
 3 
 
 3,4 
 
 28 
 29 
 
1,5 
 
 1,14 
 
 11 
 
 6 
 
 16 
 
 11 
 
 5 
 
 16 
 
 11 
 
 5 
 
 16 
 
 11 
 
 5 
 
 16 
 
 11 
 
 5 
 
 35 
 
 U 
 
 5 
 
 21 
 
 12 
 
 13 
 
 1 
 
 39 
 
 5 
 
 35 
 
 14 
 
 7 
 
 7 
 
 34 
 
 ( 
 
 11 
 
 25 
 
 7 
 
 12 
 
 25 
 
 7 
 
 13 
 
 25 
 
 7 
 
 16 
 
 26 
 
 clviii INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Aki. Ssc. Page 
 
 Jeopardy of life or liberty. No person to be twice put in, for same 
 
 offence 1 ^ ^ 
 
 Joint Conroition of two Houses of General Assembly, Elections in 5 IT 11 
 
 JobU Resolutions — see Jiesolutiojis, Joint. 
 Joint tvles of two Houses of General Assembly — see General Assembly. 
 Journal, Keason for expulsion of member, to be entered on, of Senate or 
 
 House 
 
 of proceedings to be kept by each House of Gren. Assembly 
 
 to be published 
 
 Yeas and nays to be entered on, at request of five members 
 
 Protests may be entered on 
 
 Governor's objections to bills and concurrent resolutions disap- 
 proved, to be entered on 
 
 Yeas and nays on final passage of bills to be entered on 
 
 Proposed amendments to Constitution to be entered on 
 
 Yeas and naj's on vote upon reconsideration of bills, in case of veto, 
 
 to be entered on 
 
 Judges, Disqualifications of, from presiding at trial 
 
 in charging juries, to declare the law 
 
 Qualifications of 
 
 Compensation of 
 
 Vacancy in office of, to be filled by Governor 
 
 to be conservators of the peace 7 22 27 
 
 Judges of Siiprenie Court — see Court, Supi'eme, Justices of. 
 Judges of Inferior courts — see Cmirls, Inferior, Judges of. 
 Judges of elections — see JElections, Judges of. 
 Judges, Special — see Special Judges, 
 
 Judginefit in cases of impeachment 7 3 23 
 
 in inferior courts may be brought, by writ of error or appeal, to 
 
 Supreme Court 
 
 Judgments rendered on account of contract for sale of slaves 
 
 Judicial decisions — see Decisions, Judicial. 
 
 Judicial Department 
 
 Judicial districts — see DistHcts, Judicial. 
 
 Judicial powa; where vested 
 
 Judiciary 
 
 Juries, Selection of 
 
 Instructions to 
 
 Eleotore, only, qualified to sit on 
 
 Jurors, Challenge of 
 
 Electors, onlj', qualified as 
 
 Jury 
 
 Eight of trial by 
 
 Right of trial by, to extend to all cases at law 
 
 Trial by, may be waived 
 
 to be of county or district wherein crime committed 
 
 Grand, Presentment or indictment of, requisite to criminal prosecu- 
 tions 
 
 for ascertainment of compensation for right of way to corpora- 
 tions 
 
 Division of opinion of, in criminal prosecution 
 
 Jurisdiction in law and equity. Regulation of, by General Assembly 
 
 of Supreme Court 
 
 of Inferior Courts 
 
 of Justices of the Peace 
 
 Justice, Right to obtain 
 
 civil. Characteristics of 
 
 Justice, Cliief—see Chief Justice. 
 
 Justices of Supreme Court— see Supreme Court, Justices of. 
 
 7 
 
 4 
 
 24 
 
 15 
 
 14 
 
 44 
 
 4 
 
 1 
 
 8 
 
 7 
 
 1 
 
 22 
 
 7 
 
 
 22 
 
 5 
 
 32 
 
 13 
 
 7 
 
 11 
 
 25 
 
 15 
 
 20 
 
 45 
 
 5 
 
 31 
 
 13 
 
 15 
 
 20 
 
 45 
 
 
 9 
 
 3 
 
 
 6,8 
 
 2,3 
 
 
 6 
 
 O 
 
 
 6 
 
 
 
 
 8 
 
 3 
 
 5 
 
 48 
 
 16 
 
 1 
 
 9 
 
 3 
 
 5 
 
 44 
 
 15 
 
 7 
 
 4 
 
 24 
 
 7 
 
 6 
 
 24 
 
 7 
 
 20 
 
 27 
 
 1 
 
 10 
 
 4 
 
 1 
 
 10 
 
 4 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clix 
 
 Jusllces of the Peace, Offences cognizable by 
 
 Certain acts of, not rendered invalid by reason of invalidity of Con- 
 vention of 1861, etc 
 
 Appeals from judgment of 
 
 how chosen 
 
 Term of office of 
 
 Jurisdiction of 
 
 Am. 
 
 Seo. 
 
 PAQE 
 
 1 
 
 9 
 
 3 
 
 1 
 
 25 
 
 7 
 
 7 
 
 15 
 
 26 
 
 7 
 
 20 
 
 27 
 
 7 
 
 20 
 
 27 
 
 7 
 
 20 
 
 27 
 
 Knowledge essential to good government 1 23 6 
 
 Diffusion of, essential to preservation of rights and liberties of the 
 people 9 1 31 
 
 L. 
 
 Labor, Homestead not exempt from sale for payment of 
 
 Laborers^ Uens 
 
 Lamls, Tenure of. 
 
 Leases and grants of, for more than twentj—one years 
 
 accruing to State, by escheat 
 
 donated for school purposes, Proceeds of 
 
 granted by U. S., Proceeds of 
 
 Lands, State, Commissioner of 
 
 Larceny, Petit 
 
 Law, Counties and judicial districts to be ascertained by 
 
 due process of. Right to 
 
 Requisites to enactment of, in case of veto 
 
 Bill not returned by Governor within three days (with exceptions 
 
 stated) to become 
 
 Act passed during last three days of session to become, upon ap- 
 proval, etc., of Governor 
 
 jurisdiction and proceedings in. Regulation of, by General As- 
 sembly 
 
 Laws, of tile U. S., forcible resistance to, may, constitutionally, be repressed 
 
 by armed force 
 
 Eeniedy in, for injuries and wrongs 
 
 Justice to be administered conformably to 
 
 Bill of attainder prohibited 
 
 jEx post facto, prohibited 
 
 impairing obligation of contracts, prohibited 
 
 regulating elections, to be passed 
 
 for the protection of religious liberty, to be passed 
 
 to encourage education, to be passed 
 
 Concurrence of majority of members of General Assembly voting, 
 
 requisite to enactment of 
 
 not to take effect until ninety days after adjournment of General 
 
 Assembly, unless otherwise provided 
 
 Revision, alteration, or amendment of. 
 
 for registi'ation of electors 
 
 for prevention of frauds in elections 
 
 public, Publication of. 
 
 of the State, Style of 
 
 providing for county, township, or precinct governments 
 
 for regulation of issue of writs to fill vacancies in General As- 
 sembly 
 
 private. Certain species of, prohibited 
 
 of municipal corporations not to conflict with general laws of 
 
 State 
 
 for formation of corporations may be altered or repealed 
 
 12 
 
 3 
 
 38 
 
 12 
 
 2,3 
 
 37,38 
 
 1 
 
 24 
 
 6 
 
 1 
 
 24 
 
 6 
 
 9 
 
 4 
 
 31 
 
 10 
 
 15 
 
 36 
 
 9 
 
 4 
 
 31,32 
 
 6 
 
 23 
 
 22 
 
 1 
 
 9 
 
 3 
 
 1 
 
 8 
 
 3 
 
 1 
 
 9 
 
 3 
 
 5 
 
 35 
 
 14 
 
 6 
 
 35 
 
 14 
 
 6 
 
 35 
 
 14 
 
 5 
 
 44 
 
 15 
 
 
 1 
 
 2 
 
 
 10 
 
 4 
 
 
 10 
 
 4 
 
 
 13 
 
 4 
 
 
 13 
 
 4 
 
 
 13 
 
 4 
 
 
 19 
 
 5 
 
 
 23 
 
 6 
 
 
 23 
 
 6 
 
 5 
 
 21 
 
 12 
 
 5 
 
 22 
 
 12 
 
 5 
 
 23 
 
 12 
 
 5 
 
 25 
 
 13 
 
 5 
 
 25 
 
 13 
 
 6 
 
 26 
 
 13 
 
 5 
 
 27 
 
 13 
 
 5 
 
 28 
 
 13 
 
 5 
 
 33 
 
 13 
 
 5 
 
 39,40 
 
 15 
 
 5 
 
 47 
 
 15 
 
 5 
 
 48 
 
 16 
 
clx 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Sec. 
 
 Pagb 
 
 4,3 
 
 18,37 
 
 5 
 
 18 
 
 5 
 
 34 
 
 11 
 
 43 
 
 16 
 
 44 
 
 21 
 
 45 
 
 24 
 
 Aet. 
 
 LawSj Governor may call out military and naval forces to execute the 6, 11 
 
 execution of the, Duty of Governor respecting 6 
 
 imposing taxes, to state the object thereof 10 
 
 Statute, Codification of v 15 
 
 not in conflict with Constitution to remain in force 15 
 
 regulating rate of interest 15 
 
 General, to be passed by General Assembly — see General Assembly, 
 under head of Duties, Obliqatoet. 
 
 Leases of land for more than twenty-one years 1 
 
 ■Legislation, Special — see Special Legislation. 
 
 Legislative Department 4, 5 
 
 power vested in General Assembly 5 
 
 Legislature — see General Assembly. 
 Levy of taxes — see Taxes. 
 
 Levying war against the State 1 
 
 LioJ/iUiy of stockholders 5 
 
 Libel, Crimitud prosecutions for 1 
 
 Truth may be given in evidence, in 1 
 
 Liberties of the people. Diffusion of knowledge essential to preservation of. . 9 
 
 Liberty Pr 
 
 of the press, and of speech 1 
 
 personal, jeopardy of, No person to be twice put in, for same 
 
 offence 1 
 
 Security for 1 
 
 Keligious, to be protected 1 
 
 Liens, Laborers' and mechanics' 12 
 
 Lieutenant-Governor, an oflBcer of the Executive Department 6 
 
 Term of ofiBce of. 6 
 
 how chosen 6 
 
 Qualifications of. 6 
 
 Case of tie in elections for 6 
 
 Powers of Governor to devolve upon, in case of impeachment, 
 
 disability, etc., of Governor 6 
 
 Kesignation, etc., of, during vacancy in office of Governor 6 
 
 to be President of the Senate 6 
 
 to give casting vote in case of equal division 6 
 
 Compensation of, while performing ofiice of Governor 6 
 
 Returns of election for 6 
 
 how chosen in case of tie 6 
 
 Contested elections for, to be determined by Gen. Assembly 6 
 
 First election for So 
 
 ■^i/«i jeopardy of. No person to be twice put in, for same offence 1 
 
 Security for '. 1 
 
 Liquors, Intoxicating — see Intoxicating Liquors. 
 
 Little Bock, Seat of government to be at 3 
 
 Loan of credit of cities and incorporated villages. Power to effect to be 
 
 restricted by General Assembly 5 
 
 of State or county credit 10 
 
 Loans of banks to be taxed 10 
 
 Lotteries, General Assembly not to authorize 5 
 
 Lottery tickets. Sale of, prohibited 5 
 
 Loyalty, Voter's oath to attempt injury to none on account of 8 
 
 1,— 
 
 8 
 
 1 
 
 8 
 
 11 
 
 4 
 
 48,50 
 
 16,17 
 
 2 
 
 2 
 
 2 
 
 2 
 
 1 
 
 31 
 
 
 1 
 
 2 
 
 2 
 
 9 
 
 3 
 
 9 
 
 3 
 
 23 
 
 6 
 
 2,3 
 
 37,38 
 
 1 
 
 17 
 
 1 
 
 17 
 
 1 
 
 17 
 
 3 
 
 18 
 
 4 
 
 18 
 
 10 
 
 19 
 
 11 
 
 19 
 
 12 
 
 19 
 
 12 
 
 19 
 
 14 
 
 20 
 
 19 
 
 20 
 
 19- 
 
 21 
 
 19 
 
 21 
 
 1 
 
 46 
 
 9 
 
 3 
 
 49 
 
 17 
 
 6 
 
 34 
 
 3 
 
 34 
 
 41 
 
 15 
 
 41 
 
 15 
 
 5 
 
 30 
 
 M. 
 
 Majority of members voting, requisite to enactment of laws. . , 
 Malfeasance in office, Persons convicted of, disfranchised. . . . 
 
 Mandamus 
 
 Marines acquire no residence by being stationed in the State. 
 
 21 
 
 12 
 
 3 
 
 29 
 
 4 
 
 24 
 
 2 
 
 28 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxi 
 
 Art. 
 
 Marriages not invalidated by operation of provision annulling action of 
 
 Convention of 1861, etc 1 
 
 Mechanics^ liens 12 
 
 Members of Senate and House of Eepresentatives — see Senators, and Sep- 
 
 resentatives. 
 Members of Constitutional Convention — see Delegates. 
 
 Message of Governor to General Assembly 6 
 
 Mileage in case of contested election for General Assembly 6 
 
 of Senators and Eepresentatives 15 
 
 Military subordinate to the civil power , 1 
 
 forces of State, Governor to be Commander-in-Chief of 6 
 
 forces of State, Governor may call out the, to execute laws, etc 6, 11 
 
 Military duty, Persons liable to, and exempt from, respectively 11 
 
 See, also. Army. 
 
 Militia '. 11 
 
 in actual service, Offences arising in 1 
 
 Persons liable to duty in 11 
 
 Exemption from duty in, on grounds of conscience 11 
 
 Organization, equipment, and discipline of 11 
 
 Governor to be Commander-in-Chief of 6, 11 
 
 Governor may call out, to execute the laws, etc 6, 11 
 
 Minar offences 1 
 
 Miscellaneous prouisions 15 
 
 Moneys, Public — see Public Moneys. 
 
 Morality essential to good government 1 
 
 Motives of publication of matter charged as libellous 1 
 
 Municipal corporations, Limitation of powers of 5 
 
 elections for 1868 15, So 
 
 Murder 1 
 
 Persons charged with, when not bailable 1 
 
 Sec. 
 
 ■25 
 
 7 
 
 2,3 
 
 37,38 
 
 7 
 
 18 
 
 42 
 
 15 
 
 8 
 
 43 
 
 16 
 
 5 
 
 i 
 
 18 
 
 4,3 
 
 18,37 
 
 1 
 
 36 
 
 
 36 
 
 9 
 
 3 
 
 1 
 
 36 
 
 1 
 
 37 
 
 2 
 
 37 
 
 4,3 
 
 18,37 
 
 4,3 
 
 18,37 
 
 9 
 
 3 
 
 
 41 
 
 23 
 
 6 
 
 2 
 
 2 
 
 47 
 
 16 
 
 4,6 
 
 42,47 
 
 9 
 
 3 
 
 9 
 
 3 
 
 N. 
 
 Names of individuals, Change of. 
 
 National banks exempt from conditions imposed, on banlcing corporations, 
 
 by this Constitution 
 
 Naval forces of State, Governor to be Commander-in-Chief of 
 
 Governor may call out the, to execute the laws, etc 
 
 Navy of the U. S., in actual service. Offences arising in 
 
 Sailors and marines of, acquire no residence by being stationed in 
 
 the State 
 
 Nominations to the Senate, Votes on, to be by yeas and nays 
 
 Normal instruction. Department of, in State University 
 
 Notaries Ptiblic 
 
 Notes discounted or purchased by banks to be taxed 
 
 o. 
 
 Oath or affirmation requisite to issue of warrant 
 
 Mode of administering 
 
 Senators to be upon, in trial of impeachments 
 
 of registration, and before voting 
 
 prescribed by Constitution, Penalty of perjury in taking 
 
 of office 
 
 of Judges and Clerks of Election 
 
 Oath, elector's. Judges of election to administer 
 
 to be administered to all voters at election under Schedule 
 
 Obedience to Federal Government, may, constitutionally, be compelled by 
 
 armed force of TJ. S 
 
 Occupations, Taxation of 
 
 5 
 
 39 
 
 15 
 
 5 
 
 50 
 
 17 
 
 6 
 
 4 
 
 18 
 
 6 
 
 4 
 
 18 
 
 1 
 
 9 
 
 3 
 
 8 
 
 2 
 
 28 
 
 5 
 
 17 
 
 11 
 
 9 
 
 3 
 
 31 
 
 6 
 
 16 
 
 20 
 
 10 
 
 3 
 
 34 
 
 1 
 
 12 
 
 4 
 
 1 
 
 4 
 
 5 
 
 7 
 
 2 
 
 23 
 
 8 
 
 5 
 
 29 
 
 8 
 
 5 
 
 30 
 
 15 
 
 17 
 
 44 
 
 15 
 
 22 
 
 45 
 
 15 
 
 22 
 
 45 
 
 Sc 
 
 12 
 
 49 
 
 1 
 
 1 
 
 2 
 
 10 
 
 17 
 
 36 
 

 9 
 
 3 
 
 
 9 
 
 3 
 
 
 9 
 
 3 
 
 
 21 
 
 5 
 
 
 22 
 
 6 
 
 5 
 
 34 
 
 13 
 
 5 
 
 34 
 
 13 
 
 5 
 
 43 
 
 15 
 
 6 
 
 a 
 
 18 
 
 6 
 
 13 
 
 20 
 
 6 
 
 S 
 
 18 
 
 6 
 
 11 
 
 19 
 
 6 
 
 25 
 
 22 
 
 7 
 
 16 
 
 26 
 
 8 
 
 3 
 
 28 
 
 15 
 
 17 
 
 44 
 
 15 
 
 19 
 
 45 
 
 Sc 
 
 11 
 
 49 
 
 15 
 
 2 
 
 41 
 
 clxii INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Abt. Sbc. 
 
 Offence, criminal, No person to be lield to answer for, but upon presentment 
 
 or indictment 
 
 Offences, Capital 
 
 Persons cliarged with, when not bailable 
 
 Office, Religious test or property, not to be required as a qualification for , . 
 
 Duellist disqualified to hold 
 
 Vacancies in, General Assembly may declare manner of filling, 
 where no provision is made in the Constitution 
 
 Vacancies in. General Assembly may declare cases of 
 
 Holders of public moneys, in arrears, ineligible- to 
 
 Term of— see Term. 
 
 of Governor, Persons eligible to 
 
 of Governor, Persons ineligible to 
 
 of Lieutenant-Governor, Pereons eligible to .'. ■ 
 
 of Governor, Vacancy in 
 
 elective. Officers of Executive Department and Judges of Supreme 
 Court ineligible to, during term for which chosen 
 
 of Judge, Vacancy in, to be filled by Governor 
 
 Classes disqualified to hold any 
 
 Oath of ." 
 
 Members and officers of Convention not precluded from holding . . 
 
 Incumbent of, at date of ratification of Constitution, to vacate, upon 
 
 notice of the election of successor 
 
 Offices not otherwise provided for. Authority of General Assembly respect- 
 ing 
 
 Officers, Certain acts of, not rendered invalid by reason of invalidity of Con- 
 vention of 1861 , etc 1 ^25 
 
 U. S., State, or County (with exceptions below stated), ineligible to 
 General Assembly 
 
 Township, eligible to General Assembly 
 
 of Militia, eligible to General Assembly 
 
 Postmasters eligible to General Assembly 
 
 Notaries Public eligible to General Assembly 
 
 Each House shall choose its own 
 
 of Executive Department 
 
 of State Government, Governor to transact all necessaiy business 
 with 
 
 of Executive Department, Returns of elections of 
 
 of Executive Department, how chosen in case of tie 
 
 of U. S. or State, ineligible to office of Governor 
 
 under Constitution, Commissions issued to 
 
 of Executive Department, Compensation of 
 
 of Executive Department ineligible to elective offices, during term 
 for which chosen 
 
 State, County, and Judicial, Returns of elections for 
 
 Civil, under the State, liable to impeachment 
 
 impeached, liable, also, to criminal prosecution 
 
 State and County, Accounts of. 
 
 General Assembly may determine mode of choosing, in cases not 
 otherwise provided for 
 
 Powers and duties of. General Assembly to define, in cases not 
 otherwise provided for 
 
 chosen at election of March 13th, 1868, Term of 
 
 Township and precinct, to vacate office thirty days after Constitu- 
 tion goes into eflcct 
 
 township and precinct, Immediate appointment of, by Governor. . . 
 
 township and precinct. Gen. Assembly may provide by Jaw for sub- 
 sequent election of 
 
 Compensation of, iu what funds payable 
 
 5 
 
 11 
 
 10 
 
 5 
 
 11 
 
 10 
 
 5 
 
 11 
 
 10 
 
 5 
 
 11 
 
 10 
 
 5 
 
 11 
 
 10 
 
 5 
 
 14 
 
 11 
 
 6 
 
 1 
 
 17 
 
 6 
 
 4 
 
 18 
 
 6 
 
 19 
 
 20 
 
 6 
 
 19 
 
 21 
 
 6 
 
 18 
 
 20 
 
 6 
 
 17,26 
 
 20,22 
 
 6 
 
 24 
 
 22 
 
 6 
 
 25 
 
 22 
 
 6 
 
 26 
 
 22 
 
 7 
 
 2 
 
 23 
 
 7 
 
 2 
 
 23 
 
 10 
 
 7 
 
 34 
 
 15 
 
 2 
 
 41 
 
 15 
 
 2 
 
 41 
 
 15 
 
 3 
 
 42 
 
 15 
 
 5 
 
 42 
 
 15 
 
 5 
 
 42 
 
 15 
 
 5 
 
 42 
 
 15 
 
 9 
 
 43 
 
Sec. 
 
 Pagb 
 
 17 
 
 44 
 
 18 
 
 45 
 
 19 
 
 45 
 
 1 
 
 46 
 
 2 
 
 46 
 
 3 
 
 46 
 
 10 
 
 48 
 
 11 
 
 49 
 
 2 
 
 53 
 
 4 
 
 53 
 
 2 
 
 2 
 
 18 
 
 26 
 
 18 
 
 26 
 
 INDEX TO CONSTITUTION OF ARKANSAS. clxiii 
 
 Aet. 
 
 Officers ot the State, Oath of office required from 15 
 
 Tenu of, to expire Jan. 1, 1873, unless otherwise provided 15 
 
 of Constitutional Convention not precluded from office 15 
 
 State and County, First election for Sc 
 
 Who may vote for, at first election Sc 
 
 Manner of balloting for, at first election Sc 
 
 chosen at first election, when to enter on their duties So 
 
 in position at date of ratification of Constitution, when to vacate 
 
 office Sc 
 
 not to be voted for at polls provided for in Ordinance Or 
 
 of election under Ordinance not to mark, deface, or permit to be 
 
 marked or defaced, any ballot Or 
 
 Opinion^ Free communication of 1 
 
 Opinio7i8 of Supreme Court 7 
 
 Dissenting, of Justices of Supreme Court 7 
 
 Ordinance providing for election under Act of Congress, for ratification of 
 
 Constitution ■ • • • 53 
 
 Organization of cities and incorporated villages. General Assembly to pro- 
 vide for, bj' general laws 5 49 16 
 
 Overt Act in case of treason 1 H * 
 
 P. 
 
 Papers to be secure against imreasonable searches and seizures 1 
 
 Public, of Governor, etc., to be kept at seat of government 6 
 
 Official, to be turned over to officers chosen at first election Sc 
 
 Paramount allegiance due to Federal Government 1 
 
 Pardoning power 6 
 
 Pardons, information concerning, to be communicated to General As- 
 sembly 6 
 
 Passage of bills and joint resolutions 5 
 
 Paupers, maintenance of. General Assembly to provide for 5 
 
 Peace, time of, Standing army not to be maintained in 1 
 
 time of. Quartering of troops during 1 
 
 Peace, Public, Governor may call out military to preserve the 6, 11 
 
 Judges to be conservators of the 7 
 
 State may contract debts to preserve the 10 
 
 See, also. Breach of the Peace. 
 
 Penal code, General Assembly to enact a 5 
 
 prosecutions, Change of venue in 5 
 
 cases. Appeals in 5 
 
 Penalties — see Pwiishmeni. 
 
 People of the State of Arkansas, Constitution ordained and established by . Pr 
 Government mstituted for the protection, security, and benefit of 
 
 the 1 
 
 Eight of the, to alter or reform government 1 
 
 of a State, power of, to dissolve connection with the Federal Union, 
 
 etc., denied '■ 
 
 of a State, attempt of, to secede, etc., may, constitutionally, be 
 
 repressed by armed force of U. S i 
 
 Eight of the, to be secure against unreasonable searches and 
 
 seizures '■ 
 
 Commissions to officers under Constitution, to run as in the name 
 
 and by the authority of ° 
 
 rights and liberties of the, Difi'usion of knowledge essential to 
 
 preservation of " 
 
 Proposed amendments t6 Constitution to be submitted to the 13 
 
 Constitution to be submitted to the, for ratification Sc, Or 
 
 Per diem — see Compensation. 
 
 12 
 
 4 
 
 18 
 
 20 
 
 11 
 
 49 
 
 1 
 
 1 
 
 9 
 
 19 
 
 9 
 
 19 
 
 21 
 
 12 
 
 46 
 
 16 
 
 16 
 
 5 
 
 16 
 
 5 
 
 4,3 
 
 18,37 
 
 22 
 
 27 
 
 10 
 
 35 
 
 29 
 
 13 
 
 30 
 
 13 
 
 31 
 
 13 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 
 
 12 
 
 4 
 
 17 
 
 20 
 
 1 
 
 31 
 
 1 
 
 39 
 
 .. 
 
 46,53 
 
clxiv 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Sec. 
 
 Page 
 
 5 
 
 30 
 
 10 
 
 4 
 
 12 
 
 4 
 
 2 
 
 34 
 
 2 
 
 34 
 
 1 
 
 37 
 
 9 
 
 . 3 
 
 4 
 
 2 
 
 16 
 
 50 
 
 4,1 
 
 32,33 
 
 1 
 
 33 
 
 1 
 
 33 
 
 1 
 
 1 
 
 Perjury in taking oaths prescribed by the Constitution, Penalties of 8 
 
 Person, Remedy for injuries to 1 
 
 Security of, against unreasonable searches and seizures 1 
 
 Personal property, Appraisement of, for taxation 10 
 
 Exemption of, from taxation 10 
 
 Exemption of from seizure from debt 12 
 
 Petit Larceny 1 
 
 Petition, Eight of 1 
 
 Poll-books, Commissioners of election to provide Sc 
 
 Poll-tax for school purposes 9, 10 
 
 grievous and oppressive 10 
 
 not to be levied except for school purposes 10 
 
 Pomtr, political, inherent in the people 1 
 
 of people of a State to dissolve connection with the Federal Union, 
 
 denied 1 
 
 of people of a State to perform act tending to impair, etc., supreme 
 
 authority of U. S., denied ■ 1 
 
 Legislative, vested in General Assembly 6 
 
 Supreme executive, of State, vested in Governor 
 
 of pardon, reprieve, and commutation 6 
 
 Judicial, how vested 7 
 
 Powers, Constitutional, of U. S., how defined 1 
 
 of Federal Government to maintain itself 1 
 
 of government. Division of 4 
 
 of each House 5 
 
 Corporate, not to be conferred by special act 5 
 
 of cities and incorporated villages, Eestriction of, by General As- 
 sembly 5 
 
 Practice, Code of 15 
 
 Preamble 
 
 Precinct governments, General Assembly may provide for 5 
 
 Precinct officers. Term of office of, to expire thirty days after Constitu- 
 tion goes into effect 15 
 
 appointed by Governor, Term of office of 15 
 
 Presentment or indictment of grand jury, requisite to criminal prosecu- 
 tions 1 
 
 President, pro tempore, of Senate, when to act as Governor 6 
 
 Compensation of, while performing office of Go^'emor 6 
 
 President of Convention to deposit Constitution with Secretary of State and 
 
 transmit copy to President U. S 15 
 
 to transmit copy of Constitution, with abstract of vote thereon, to 
 
 President U. S Sc 
 
 to declare officers elected, at first election under Constitution Sc- 
 
 President V. S., Copy of Constitution, with abstract of vote thereon, to be 
 
 transmitted to 15, Sc 
 
 Press, Liberty of the, to remain forever inviolate 1 
 
 Presumption, Great, of guilt of capital offence, to exclude from bail 1 
 
 Printing, State 5 
 
 Private laws, Certain, prohibited 5 
 
 Private property, taken for public use 1 
 
 Privilege, Citizen to be deprived of no, on account of race, etc 1 
 
 of writ of habeas corpus 1 
 
 of Senators and Representatives ." 5 
 
 Citizens not to be deprived of, but by law of the land, judgment of 
 
 peers, or provisions of this Constitution 5 
 
 of electors 3 
 
 Privileges, Equality of 1 
 
 Taxation of 10 
 
 Proceedings, Journal of, to be kept by each House 5 
 
 1 
 
 12 
 
 1 
 
 8 
 
 2 
 
 18 
 
 9 
 
 19 
 
 1 
 
 22 
 
 1 
 
 1 
 
 1 
 
 2 
 
 1 
 
 8 
 
 14 
 
 11 
 
 48 
 
 16 
 
 49 
 
 17 
 
 11 
 
 43 
 
 
 1 
 
 28 
 
 13 
 
 5 
 
 42 
 
 5 
 
 42 
 
 9 
 
 3 
 
 11 
 
 19 
 
 14 
 
 20 
 
 41 
 
 9 
 
 48 
 
 9 
 
 48 
 
 1,9 
 
 41,48 
 
 2 
 
 2 
 
 9 
 
 4 
 
 15 
 
 11 
 
 1, 40 
 
 15 
 
 15 
 
 4 
 
 3 
 
 2 
 
 9 
 
 4 
 
 12 
 
 10 
 
 37 
 
 14 
 
 6 
 
 30 
 
 18 
 
 5 
 
 17 
 
 36 
 
 16 
 
 11 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxv 
 
 Proceedings of each'Honse to be public 
 
 of General Assembly after veto 
 
 in law and equity, Regulation of, by General Assembly 
 
 Process, Compulsorj', for witnesses, Eight of accused to 
 
 Style of 
 
 due, of law, Eight to 
 
 civil. Exemption of members of General Assembly from, during 
 session, etc 
 
 civil, Electors privileged from, during attendance at elections 
 
 Proof, Evident, of capital offences, to exclude from bail 
 
 Property, Keasonable amount of, to be exempt from seizure for debt 
 
 Private, taken for public use 
 
 Eights of, of foreign-born residents 
 
 No person to be deprived of, without due process of law 
 
 qualification prohibited 
 
 Kemedy for inj ury to 
 
 of corporations to be forever subject to taxation 
 
 Eeal and personal, to be taxed 
 
 Species of, exempt from taxation 
 
 employed in banking to bear its equal burden of taxation 
 
 Separate, of female 
 
 Prcperly exemption — see Exemption. 
 
 Prosecuting attorneys 
 
 Prosecutions, Criminal, or penal. Eights of accused in 
 
 Change of venue in 
 
 Division of opinion of jury in 
 
 Appeals in oases of 
 
 Selection of juries in cases of 
 
 Jurisdiction of Justices of the Peace in 
 
 Prosecutions Jor libel 
 
 Protests of members of Gen. Assembly may be entered on Journal 
 
 Public good. Right to alter or reform government for the 
 
 assembly. Right of. 
 
 use. Private property taken for 
 
 safety. Suspension of habeas corpus for, in certain cases 
 
 worship. Liberty of, to be protected 
 
 peace, Governor may call out military and naval forces of State to 
 preserve 
 
 records, etc., of office of Governor, etc., to be kept at seat of 
 government 
 
 Works and Internal Improvements, Commissioner of 
 
 property used exclusively for public purposes, exempt from taxa- 
 tion 
 
 Public Debt — see State Debt. 
 Public Funds— see Funds, Public. 
 
 Public Instruction, Superintendent of— see Superintendent of Public Instruction. 
 Public moneys. Holders of, in arrears, ineligible to General Assembly or to 
 office 
 
 to be turned over to officers chosen at first election 
 
 Public Schools — see Schools. 
 Publication of sentiment, Freedom of. 
 
 charged as libellous / 
 
 of Journal of Senate and House of Representatives 
 
 of vote on nominations to Senate 
 
 of acts revised and altered or amended sections of Acts of General 
 Assembly 
 
 of statute laws of a public nature 
 
 of judicial decisions 
 
 of laws and judicial decisions to be free to any person 
 
 Art. 
 
 Seo. 
 
 Page 
 
 5 
 
 18 
 
 11 
 
 5 
 
 35 
 
 14 
 
 5 
 
 44 
 
 15 
 
 1 
 
 8 
 
 3 
 
 7 
 
 6 
 
 24 
 
 1 
 
 9 
 
 3 
 
 5 
 
 12 
 
 10 
 
 8 
 
 6 
 
 30 
 
 1 
 
 9 
 
 3 
 
 1 
 
 14 
 
 4 
 
 1 
 
 15 
 
 4 
 
 1 
 
 20 
 
 5 
 
 1 
 
 9 
 
 3 
 
 1 
 
 21 
 
 5 
 
 1 
 
 10 
 
 4 
 
 5 
 
 48 
 
 16 
 
 10 
 
 2 
 
 33 
 
 10 
 
 2 
 
 34 
 
 10 
 
 3 
 
 34 
 
 12 
 
 6 
 
 38 
 
 15 
 
 6 
 
 42 
 
 1 
 
 8,9 
 
 3 
 
 5 
 
 30 
 
 13 
 
 1 
 
 9 
 
 3 
 
 5 
 
 31 
 
 13 
 
 5 
 
 32 
 
 13 
 
 T 
 
 20 
 
 27 
 
 1 
 
 2 
 
 2 
 
 5 
 
 16 
 
 11 
 
 1 
 
 1 
 
 1 
 
 1 
 
 4 
 
 , 2 
 
 1 
 
 15 
 
 4 
 
 1 
 
 9 
 
 4 
 
 1 
 
 23 
 
 6 
 
 !, 11 
 
 4,3 
 
 18,37 
 
 6 
 
 18 
 
 20 
 
 6 
 
 23 
 
 21 
 
 10 
 
 5 
 
 43 
 
 15 
 
 Sc 
 
 11 
 
 49 
 
 1 
 
 2 
 
 2 
 
 1 
 
 2 
 
 2 
 
 5 
 
 16 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 23 
 
 12 
 
 5 
 
 26 
 
 13 
 
 5 
 
 26 
 
 13 
 
 5 
 
 26 
 
 13 
 
clxvi 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 PMicatim, of decisions of Supreme Court 
 
 of proposed Amendments to Constitution 
 
 Punisliment, Cruel or unusual, not to be inflicted 
 
 for bribery, tumult, and improper conduct at elections 
 
 of duelling 
 
 of contemptuous behavior by others than members, in presence of 
 either House of, in Gneeral Assembly 
 
 Reprieves, pardons, and commutations 
 
 of perjury In taking oaths prescribed by Constitution 
 
 of selling or giving away intoxicating liquor during election under 
 
 Schedule 
 
 Purchase-money of homestead 
 
 Pursuits, Taxation of 
 
 Art. 
 
 Seo. 
 
 Fase 
 
 7 
 
 18 
 
 26 
 
 13 
 
 1 
 
 39 
 
 1 
 
 7 
 
 3 
 
 1 
 
 19 
 
 5 
 
 1 
 
 22 
 
 6 
 
 5 
 
 36 
 
 14 
 
 6 
 
 9 
 
 19 
 
 8 
 
 5 
 
 30 
 
 So 
 
 15 
 
 50 
 
 12 
 
 2,3 
 
 37,38 
 
 10 
 
 17 
 
 36 
 
 Q. 
 
 Qualification for office, Keligions test or property not to be required as a . . . 
 
 of voter. Religious test or property, not to be required as a 
 
 Qualijicaiions of Representatives 
 
 of Senators 
 
 of members. Each House of General Assembly to determine for 
 itself 
 
 of Governor and Lieutenant-Governor 
 
 , of Judges 
 
 of witnesses ; 
 
 of electors 
 
 of jurors 
 
 of voters at election for ratification 
 
 See, also, Ineligibility. 
 
 Quartering of troops 
 
 Quorum of Senate and House of Representatives 
 
 Quo Warranto 
 
 1 
 
 21 
 
 5 
 
 1 
 
 21 
 
 5 
 
 5 
 
 4 
 
 8 
 
 5 
 
 6 
 
 9 
 
 5 
 
 14 
 
 11 
 
 6 
 
 3 
 
 18 
 
 7 
 
 12 
 
 25 
 
 7 
 
 22 
 
 27 
 
 8 
 
 2 
 
 28 
 
 15 
 
 20 
 
 45 
 
 Sc 
 
 10,12 
 
 48,49 
 
 1 
 
 16 
 
 5 
 
 5 
 
 13 
 
 10 
 
 7 
 
 4 
 
 24 
 
 R. 
 
 Race, No distinction in point of civil rights and duties, on account of 
 
 Voter's oath never to attempt deprivation of civil rights, etc., on 
 
 account of. 
 
 Eatification of proposed amendments to Constitution, by the people 
 
 of Constitution by the people — see Constitution Submission of 
 ,under Schedule and Constitution Submission of under Act of 
 Congress. 
 
 Reading of bills and joint resolutions 
 
 Real Estate, Sales of, to be provided for by general laws 
 
 Appraisement of 
 
 Rebellion, Suspension of habeas corpus in case of 7 
 
 Participators in the, after oath of allegiance, etc., disfranchised 
 
 Reconsideration of bills, by General Assembly after Governor's veto 
 
 Reconstruction, Persons supporting, relieved from disfranchisement 
 
 General Assembly may not enfranchise those persisting in oppo- 
 sition to 
 
 Record, Courts of 
 
 Records, Public, of office of Governor, etc., to be kept at seat of govern- 
 ment 
 
 Official, to be turned over to officers chosen at first election 
 
 Redemption of outstanding indebtedness, State may contract debts for 
 
 Redress of grievances, Riglit to petition for 
 
 of injuries and wrongs 
 
 Reform 
 
 13 
 
 5 
 1,2 
 
 30 
 39 
 
 6 
 
 21 
 
 12 
 
 6 
 
 40 
 
 15 
 
 10 
 
 2 
 
 34 
 
 1 
 
 9 
 
 4 
 
 8 
 
 3 
 
 28 
 
 5 
 
 35 
 
 14 
 
 8 
 
 3 
 
 29 
 
 8 
 
 4 
 
 29 
 
 7 
 
 17 
 
 26 
 
 6 
 
 18 
 
 20 
 
 So 
 
 11 
 
 49 
 
 10 
 
 10 
 
 35 
 
 1 
 
 4 
 
 2 
 
 1 
 
 10 
 
 4 
 
 1 
 
 1 
 
 1 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxvii 
 
 Registration of electors, General Assembly to provide laws; for 
 
 Classes debarred from 
 
 Oath of. 
 
 of wife's separate property 
 
 Religion essential to good government 
 
 Religiom test prohibited 
 
 opinion in no case to disqualify witness 
 
 liberty 
 
 denomination, Each, to be protected in peaceable enjoyment of its 
 
 own mode of public worship 
 
 Remedy for injuries and wrongs, Eight to 
 
 Removal of Senators and Representatives from their districts 
 
 from the State, of Secretai-y of State, Treasurer, Auditor, Attorney 
 General, or Superintendent of Public Instruction, Vacancies occa- 
 sioned by, how filled 
 
 of Governor from office 
 
 of Governor from the State 
 
 Replevin, action of. Jurisdiction of Justices of the Peace in 
 
 Reporter of Supreme Court 
 
 Representative Districts — see Districts, Representative, 
 
 Representatives, instruction to. Eight of. 
 
 Representatives, how chosen 
 
 Number of 
 
 Qualifications of 
 
 Term of. 
 
 Eemoval of, from their districts 
 
 Privileges of 
 
 not to be elsewhere questioned for remarlss in either House 
 
 Expulsion of, from House 
 
 Apportionment of 
 
 Compensation of 
 
 Mileage of 
 
 Representatives, Souse of, 
 
 how constituted 
 
 Quorum of 
 
 Less than a quorum of, may adjourn from day to day 
 
 Less than a quorum of, may compel attendance of absent mem- 
 bers 
 
 to choose its own officers 
 
 Power of, to determine the rules of its proceedings 
 
 Power of, to judge of the qualifications, election, and return, of its 
 
 members r 
 
 Power of, to expel a member 
 
 Power of, to choose its own officers 
 
 Elections in, to be viva voce 
 
 Journal of proceedings of— see Journal, 
 
 Proceedings of, to be public 
 
 Adjournment of 
 
 Secret session of. 
 
 Bills for raising revenue to originate in 
 
 Bules suspended by two-thirds of 
 
 Introduction of bills during last three days of session of 
 
 Proceedings of, after veto 
 
 Power of, to imprison for contempt 
 
 Compensation and mileage in case of contested election for 
 
 Holders of public moneys, in arrears, ineligible to 
 
 Amendments to Constitution may be proposed in 
 
 Reprieves 
 
 (iKT. 
 
 Seo. 
 
 Paob 
 
 5 
 
 25 
 
 13 
 
 8 
 
 3 
 
 28 
 
 8 
 
 5 
 
 29 
 
 12 
 
 6 
 
 38 
 
 1 
 
 23 
 
 6 
 
 1 
 
 21 
 
 5 
 
 1 
 
 21 
 
 5 
 
 1 
 
 23 
 
 6 
 
 1 
 
 23 
 
 6 
 
 1 
 
 10 
 
 4 
 
 5 
 
 10 
 
 10 
 
 6 
 
 22 
 
 21 
 
 6 
 
 10 
 
 19 
 
 6 
 
 10 
 
 19 
 
 7 
 
 20 
 
 27 
 
 7 
 
 18 
 
 26 
 
 1 
 
 i 
 
 2 
 
 6 
 
 3 
 
 8 
 
 6 
 
 7 
 
 9 
 
 5 
 
 4 
 
 8 
 
 6 
 
 3 
 
 8 
 
 5 
 
 10 
 
 10 
 
 5 
 
 12 
 
 10 
 
 6 
 
 12 
 
 10 
 
 5 
 
 14 
 
 11 
 
 14 
 
 2 
 
 40 
 
 15 
 
 7 
 
 42 
 
 15 
 
 8 
 
 43 
 
 5 
 
 1 
 
 8 
 
 5 
 
 3 
 
 8 
 
 5 
 
 13 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 14 
 
 11 
 
 5 
 
 14 
 
 11 
 
 6 
 
 14 
 
 11 
 
 5 
 
 14 
 
 11 
 
 5 
 
 14 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 18 
 
 11 
 
 5 
 
 18 
 
 12 
 
 5 
 
 18 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 21 
 
 12 
 
 5 
 
 24 
 
 12 
 
 5 
 
 35 
 
 14 
 
 5 
 
 36 
 
 14 
 
 5 
 
 42 
 
 15 
 
 5 
 
 43 
 
 15 
 
 13 
 
 1 
 
 39 
 
 6 
 
 9 
 
 19 
 
clxviii 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Residence of Senators and Representatives, Removal of, from their dis- 
 tricts 
 
 Soldiers, sailors, and marines, not to acquire, by reason of being 
 
 stationed in State 
 
 Residents, foreign-born. Rights of. 
 
 Resignation of Governor 
 
 of Lieutenant-Governor 
 
 Resistance, Forcible, to execution of laws of U. S 
 
 Resolution, No appropriation to be made by virtue of 
 
 Resolutions, Concurrent, except of adjournment, to be presented to Governor 
 
 for approval 
 
 Resolutions, Joint, to be read three times, on different days, in each House 
 (unless by suspension of rules) 
 
 not to become laws without concurrence of majoritj' of members of 
 
 General Assembly voting 
 
 Returns of JSlections for officers of Executive Department 
 
 for State, County, and Judicial officers 
 
 Returns of election under Schedule 
 
 of municipal elections 
 
 Revenue, General Assembly to provide for 
 
 deficits in. State may contract debts to supply 
 
 Revenue, Bills for raising 
 
 Revision of laws 
 
 Right to alter or reform government 
 
 to free communication of thoughts and opinions 
 
 Citizen to be deprived of no, on account of race, etc 
 
 of peaceable public assembly 
 
 of instruction to representatives 
 
 of petition 
 
 to bear arms 
 
 of trial by jury 
 
 of accused, to speedy and public trial, by jury 
 
 of accused, to be informed of accusation 
 
 of accused, to assistance of counsel 
 
 to bail 
 
 to security against unreasonable searches and seizures 
 
 to remedy for injuries or wrongs 
 
 to obtain justice 
 
 to security against quartering of troops 
 
 of suffrage, to be protected 
 
 of challenge of jurors 
 
 of way. Appropriation of, to use of corporations 
 
 to due process of law 
 
 Rights, Bill of 
 
 civil, Equality of. 
 
 of accused in criminal prosecutions 
 
 of foreign-born residents 
 
 Citizens not to be deprived of, unless by law of the land, judgment 
 of peers, or provisions of Constitution 
 
 civil and political. Voter's oath to attempt to deprive no person of, 
 on account of race or color 
 
 Diffusion of knowledge essential to preservation of 
 
 Vested, not to be infringed in reducing county school-funds into 
 Public School-Fund " 
 
 Vested, not to be impaired 
 
 Roads, Vacation and alteration of, to be provided for by general laws 
 
 Rules of proceedings, Each House to determine ita own 
 
 may be suspended by two-thirds of either House 
 
 iM. 
 
 Seo. 
 
 P^ai 
 
 5 
 
 10 
 
 10 
 
 8 
 
 2 
 
 28 
 
 1 
 
 20 
 
 5 
 
 6 
 
 10 
 
 19 
 
 6 
 
 11 
 
 19 
 
 1 
 
 1 
 
 2 
 
 5 
 
 20 
 
 12 
 
 5 
 
 35 
 
 14 
 
 5 
 
 21 
 
 12 
 
 5 
 
 21 
 
 12 
 
 6 
 
 19 
 
 20 
 
 6 
 
 2(i 
 
 22 
 
 Sc 
 
 5 
 
 47 
 
 Sc 
 
 6 
 
 48 
 
 10 
 
 4 
 
 34 
 
 10 
 
 9 
 
 35 
 
 5 
 
 19 
 
 12 
 
 5 
 
 23 
 
 12 
 
 
 1 
 
 1 
 
 
 2 
 
 2 
 
 
 3 
 
 2 
 
 
 4 
 
 2 
 
 
 4 
 
 2 
 
 
 4 
 
 2 
 
 
 5 
 
 2 
 
 
 6 
 
 2 
 
 
 8 
 
 3 
 
 
 8 
 
 3 
 
 
 8 
 
 3 
 
 
 9 
 
 3 
 
 
 12 
 
 4 
 
 
 10 
 
 4 
 
 
 10 
 
 4 
 
 
 16 
 
 5 
 
 
 19 
 
 5 
 
 
 31 
 
 13 
 
 
 48 
 
 16 
 
 
 9 
 
 3 
 1 
 
 
 3 
 
 2 
 
 
 8 
 
 3 
 
 
 20 
 
 5 
 
 5 
 
 37 
 
 14 
 
 8 
 
 5 
 
 30 
 
 9 
 
 1 
 
 31 
 
 9 
 
 8 
 
 33 
 
 15 
 
 16 
 
 44 
 
 5 
 
 40 
 
 15 
 
 5 
 
 14 
 
 11 
 
 5 
 
 21 
 
 12 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxix 
 
 s. 
 
 Safety, public, Suspension of habeas corpus for, in certain cases 
 
 Sailors acquire no residence by being stationed in State 
 
 Salary — see Compensation. 
 
 Sales of estates of infants, or others under legal disabilities 
 
 Sales of real estate, to be provided for by general laws 
 
 of public lauds 
 
 of property belonging to School-Fund, how invested 
 
 Schedule 
 
 Expenses incurred under provisions of, how paid 
 
 School-district, Condition of receipt of share of School-Fund, by 
 
 School-Fund, Distribution of 
 
 Sects to have no control of. 
 
 how formed 
 
 Poll-tax for 
 
 to be used for no other purposes 
 
 Investment of 
 
 Deficiency in, to be supplied by tax 
 
 Conditions on which distributed to townships, etc 
 
 lands donated toward, Disposition of 
 
 Benefit of homestead exemption not extended to persons indebted 
 
 for dues to 
 
 School-Funds, County, to be reduced, when practicable, into Public-School- 
 Fund 
 
 School-houses, General Assembly to provide for building and furnishing .... 
 
 exempt from taxation 
 
 Schools to be encouraged by law 
 
 free, General Assembly to establish and maintain 
 
 Suspension of 
 
 free, Sessions of. 
 
 Attendance on, to be made obligatory 
 
 School-system 
 
 Science, Natural, Department of, in State University 
 
 Seal, Great, of the State 
 
 Seal, Courts of record to have a common 
 
 Seals, Private, abolished 
 
 Searches, unreasonable, Security against 
 
 Search-ioarrant not to issue, except upon probable cause 
 
 Se(U of government 
 
 Executive officers to reside at 
 
 Public records, etc., of Governor, etc., to be kept at 
 
 Secession, Right of, denied 
 
 may, constitutionally, be repressed by armed force of U. S 
 
 Convention, Action of, and all action of the State under authority 
 thereof (with exceptions stated), null and void 
 
 Voter's oath never to countenance or aid 
 
 Secret session of either House of General Assembly 
 
 Secretary of State, an officer of the Executive Department 
 
 Filing in office of, of bills passed during last three days of session 
 of General Assembly 
 
 to keep Great Seal of the State 
 
 Term of office of 
 
 how chosen • • 
 
 to countersign all commissions to officers under Constitution 
 
 to reside at seat of government 
 
 to keep at seat of government all public records, etc., pertaining to 
 his office 
 
 Keturns of election for 
 
 22 
 
 1 
 
 9 
 
 4 
 
 8 
 
 2 
 
 28 
 
 5 
 
 39 
 
 16 
 
 5 
 
 40 
 
 16 
 
 9 
 
 i 
 
 31,32 
 
 9 
 
 ■ 5 
 
 32 
 46 
 
 Sc 
 
 17 
 
 60 
 
 9 
 
 6 
 
 32 
 
 9 
 
 1 
 
 31 
 
 9 
 
 1 
 
 31 
 
 9 
 
 4 
 
 31 
 
 9 
 
 4 
 
 32 
 
 9,10 
 
 4.14 
 
 32,36 
 
 9 
 
 5 
 
 32 
 
 9 
 
 7 
 
 33 
 
 9 
 
 6 
 
 32 
 
 10 
 
 15 
 
 36 
 
 12 
 
 3 
 
 38 
 
 9 
 
 8 
 
 33 
 
 9 
 
 9 
 
 sar 
 
 10 
 
 2 
 
 34 
 
 1 
 
 23 
 
 6 
 
 9 
 
 1 
 
 31 
 
 9 
 
 2 
 
 31 
 
 9 
 
 6 
 
 32 
 
 9 
 
 6 
 
 22 
 
 9 
 
 
 31 
 
 9 
 
 3 
 
 31 
 
 1, 6, 15 
 
 15, 17, 15 
 
 20,44 
 
 7 
 
 17 
 
 26 
 
 15 
 
 16 
 
 44 
 
 1 
 
 12 
 
 4 
 
 1 
 
 12 
 
 4 
 
 3,6 
 
 -8 
 
 8,19 
 
 6 
 
 18 
 
 20 
 
 6 
 
 18 
 
 20 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 
 
 1 
 
 25 
 
 6 
 
 8 
 
 5 
 
 30 
 
 5 
 
 18 
 
 12 
 
 6 
 
 1 
 
 17 
 
 5 
 
 35 
 
 14 
 
 6,15 
 
 16,16 
 
 20,44 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 17 
 
 20 
 
 6 
 
 18 
 
 20 
 
 6 
 
 18 
 
 20 
 
 6 
 
 19 
 
 20 
 
clxx 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Secretary of Staie^ how chosen., in case of tie 
 
 Contested elections for, to be determined by Gen. Assembly 
 
 Duties of. 
 
 Death, disability, etc., of 
 
 Eeturns of elections for State, County, and Judicial officers to be 
 
 directed to 
 
 to open and publish returns of elections for State, County, and Ju- 
 dicial officers 
 
 to act as Clerk of Court of Impeachment 
 
 to be one of the Commissioners of the Sinking Fund 
 
 Constitution to be deposited in office of. 
 
 First election for 
 
 eci'eiary of State pro tempore^ to act as Clerk of Court of Impeachment, in 
 
 trial of impeachment of Secretary of State 
 
 Sects to have no control of School-Fund 
 
 Secuiities on contract for State printing, not to be released 
 
 Security of the people, Government instituted for 
 
 for life, liberty, and property 
 
 against unreasonable searches and seizures 
 
 Seizure for debt — see Exemption 
 
 Seizures, unreasonable. Security against 
 
 Senate 
 
 how constituted 
 
 Quorum of 
 
 Less than a quorum of, may adjourn from day to day 
 
 Less than a quorum of, may compel attendance of absent mem- 
 bers 
 
 Power of, to choose its own officers 
 
 Power of, to determine the rules of its proceedings 
 
 Power of, to judge of the qualifications, election, and return, of its 
 
 members 
 
 Power of, to expel a member 
 
 Votes on nominations to 
 
 Elections in, to be viva voce 
 
 Proceedings of, to be public 
 
 Secret session of 
 
 Adjouniment of ' 
 
 may propose amendments to bills for raising revenue 
 
 Rules suspended by two-thirds of. 
 
 Introduction of bills during last three days of session of 
 
 Proceedings of, after veto 
 
 Power of, to imprison for contempt 
 
 Compensation and mileage in case of contested election for 
 
 Holders of public moneys, in arrears, ineligible to 
 
 President, pro tempore of, when to act as Governor 
 
 Lieutenant-Governor to be President of 
 
 President of, to give casting vote in case of equal division 
 
 President pro tempore of, Compensation of, when acting as Gov- 
 ernor 
 
 Advice and consent of, requisite to appointment of Notaries 
 
 Public 
 
 Presiding officer of, to open and publish returns of election for offi- 
 cers of Executive Department 
 
 sitting as Court of Impeachment, Judicial authority of 
 
 to try all impeachments 
 
 Advice and consent of, requisite to appointment of Judgesof Infe- 
 rior Courts 
 
 Amendments to Constitution may be proposed in 
 
 4.RT. 
 
 Sec. 
 
 Paqi 
 
 6 
 
 19 
 
 21 
 
 6 
 
 19 
 
 21 
 
 6 
 
 20 
 
 21 
 
 6 
 
 22 
 
 21 
 
 6 
 
 26 
 
 22 
 
 6 
 
 26 
 
 22 
 
 7 
 
 2 
 
 23 
 
 10 
 
 12 
 
 35 
 
 15 
 
 1 
 
 41 
 
 Sc 
 
 1 
 
 46 
 
 7 
 
 2 
 
 23 
 
 9 
 
 1 
 
 31 
 
 5 
 
 15 
 
 11 
 
 
 1 
 
 1 
 
 
 9 
 
 3 
 
 
 12 
 
 4 
 
 
 14 
 
 4 
 
 
 12 
 
 4 
 
 5 
 
 1 
 
 8 
 
 5 
 
 5 
 
 9 
 
 5 
 
 13 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 13 
 
 10 
 
 5 
 
 U 
 
 11 
 
 5 
 
 14 
 
 11 
 
 5 
 
 14 
 
 11 
 
 5 
 
 14 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 18 
 
 11 
 
 5 
 
 18 
 
 12 
 
 5 
 
 18 
 
 12 
 
 5 
 
 19 
 
 12 
 
 5 
 
 21 
 
 12 
 
 5 
 
 24 
 
 12 
 
 5 
 
 35 
 
 14 
 
 5 
 
 36 
 
 14 
 
 5 
 
 42 
 
 15 
 
 5 
 
 43 
 
 15 
 
 6 
 
 11 
 
 19 
 
 6 
 
 12 
 
 19 
 
 6 
 
 12 
 
 19 
 
 8 
 
 14 
 
 20 
 
 6 
 
 16 
 
 20 
 
 6 
 
 19 
 
 20 
 
 7 
 
 1 
 
 22 
 
 7 
 
 2 
 
 23 
 
 7 
 
 5 
 
 24 
 
 13 
 
 1 
 
 39 
 
INDEX TO CONSTITUTION OF ARKANSAS. clxxi 
 
 Senate, Advice and consent of, requisite to appointment of Prosecuting At- 
 torneys 
 
 See, also, General Assembly. 
 
 Senators, how chosen 
 
 Qualifications of 
 
 Number of 
 
 Term of 
 
 Removal of, from their districts 
 
 Privileges of. 
 
 not to be elsewhere questioned for remarks in Sen^vte 
 
 Expulsion of 
 
 Names of, voting for expulsion of member, to be entered upon 
 
 Journal 
 
 when trying impeachments, to be on oath or affirmation 
 
 Apportionment of 
 
 Compensation of ' 
 
 See, also. General Assembly. 
 Senatorial districts — see Vintricls, Senatorial. 
 
 Sentence, Commutation of 
 
 upon conviction for treason. Suspension of 
 
 commutation of. Information concerning, to be communicated to 
 
 General Assembly 
 
 Servitude, Involuntary, except for crime, prohibited 
 
 Sessions, Special, of Legislature 
 
 of public schools 
 
 Sinldng-Fund. 
 
 Debts incurred to redeem present outstanding indebtedness of State 
 
 payable from 
 
 to be created for payment of State debt 
 
 how formed 
 
 Board of Commissioners of the, how constituted 
 
 Commissioners to report probable amount of, to Gen. Assembly . . . 
 
 General Assembly to provide for raising and disbursing 
 
 Commissioners to apply, to payment of State debt 
 
 Slavery prohibited ■ ■ • 
 
 Slaves, emancipated, Compensation for, by State, prohibited 
 
 Contracts for sale or purchase of, invalid 
 
 Soldiers, Quartering of, in time of peace 
 
 not to acquire residence by being stationed in State 
 
 Special Judges for Supreme Com't 
 
 for inferior courts 
 
 Special Legislation, Prohibition of— see General Assembly, under head Pow- 
 ers Denied. 
 
 Speech, Liberty of 
 
 Standing Army not to be Jtept up in time of peace 
 
 State, Secretary of— see Secretary of State. 
 State, a. Power of people of, to dissolve connection with Federal Union, etc., 
 
 denied 
 
 a. Attempt of, to secede, etc., may, constitutionally, be repressed 
 
 by armed force of U. S 
 
 Treason against the, defined 
 
 enemies of the. Adherence to the 
 
 may sue or be sued 
 
 Action of, under Convention of 1S61 (with exceptions stated), null 
 
 and void 
 
 Boundaries of 
 
 Debt of, incurred by action of Convention of 1861, or under author- 
 ity thereof, never to be obligatory 
 
 Compensation by, for emancipated slaves, prohibited 
 
 iRT. 
 
 Seo. 
 
 Paoe 
 
 15 
 
 6 
 
 42 
 
 5 
 
 5 
 
 9 
 
 5 
 
 6 
 
 9 
 
 6 
 
 7 
 
 9 
 
 5 
 
 9 
 
 10 
 
 6 
 
 10 
 
 10 
 
 5 
 
 12 
 
 10 
 
 6 
 
 12 
 
 10 
 
 5 
 
 14 
 
 11 
 
 5 
 
 U 
 
 11 
 
 7 
 
 2 
 
 23 
 
 14 
 
 2 
 
 40 
 
 15 
 
 7 
 
 42 
 
 6 
 
 9 
 
 19 
 
 6 
 
 9 
 
 19 
 
 6 
 
 9 
 
 19 
 
 5 
 
 37 
 
 15 
 
 6 
 
 6 
 
 18 
 
 fl 
 
 6 
 
 32 
 
 10 
 
 10 
 
 35 
 
 10 
 
 11 
 
 35 
 
 10 
 
 11 
 
 35 
 
 10 
 
 12 
 
 35 
 
 10 
 
 13 
 
 35 
 
 10 
 
 13 
 
 36 
 
 10 
 
 14 
 
 36 
 
 5 
 
 37 
 
 15 
 
 5 
 
 38 
 
 15 
 
 15 
 
 14 
 
 44 
 
 1 
 
 IB 
 
 5 
 
 8 
 
 2 
 
 28 
 
 7 
 
 8 
 
 24 
 
 7 
 
 9 
 
 25 
 
 1 
 
 2 
 
 2 
 
 1 
 
 16 
 
 5 
 
 1 
 
 1 
 
 2 
 
 il 
 
 11 
 
 4 
 
 1 
 
 11 
 
 4 
 
 1 
 
 17 
 
 5 
 
 1 
 
 25 
 
 6 
 
 2 
 
 
 7 
 
 1 
 
 25 
 
 6 
 
 5 
 
 38 
 
 15 
 
cxxu IXDEX TO CONSTITUTION OF ARKANSAS. 
 
 AKI. 
 
 Sk. 
 
 l^i«i 
 
 s 
 
 13 
 
 11 
 
 1.5 
 
 17,45 
 
 5.W 
 
 6,11 
 
 4,S 
 
 IS, ::: 
 
 6.15 
 
 IS 
 
 ao.44 
 
 9 
 
 S 
 
 31 
 
 10 
 
 4 
 
 S4 
 
 10 
 
 4 
 
 S4 
 
 10 
 
 6 
 
 U 
 
 10 
 
 9.10 
 
 SS 
 
 10 
 
 11 
 
 35 
 
 10 
 
 14 
 
 3S 
 
 ^f !.v. Printing 
 
 Suit* by and s^nst the — 
 
 Secretin- of — see S^o.'vJjirj o/' Suu. 
 
 Supreme executJ\-e povrer oi', veste^l in Governor tj 3 IS 
 
 militan- and naral forces of the. ».nn-«nior to be 0ommander4n- 
 OhieifotV 6.11 4,8 \*. ST 
 
 militarr and naval toives of, Governor may call out, to execute ths 
 laws, etc 
 
 Great seal of the 
 
 ITniversity 
 
 expenses of the. Kevenue to be laised to defniy the 
 
 debt. General Assembly to provide for faying interest on 
 
 Loan ofci«dit of. 
 
 may contract debts for purposes specified 
 
 Faith of the, pledged to payment of its debt 
 
 debt, Sinking-Fund to bo applied to pajnnent of 
 
 not to .issume debts of corvx^rstions. unless contracted to repel in- 
 iTision. etc 10 16 S6 
 
 dues to. Benefit of homestead exemptioit not extended to persons 
 
 indebted for 13 S :!S 
 
 S(a*« Zawfe, Commissioner of 6 
 
 Sli!.'!)*<s, public. Publication of 5 
 
 Codification of 15 
 
 Sfoet canyMttti^ Taxation of. 10 
 
 StocUaifers, Individual liability of 5 
 
 3(ocfc>- belonging to Schivl- or Vniversity-Fuud 9 
 
 SJre.'Js, Vacation and alteration of, to be provided for by general la>vs 5 
 
 iS/yJe of laws ;> 
 
 of commissions 6 
 
 of writs and other process , . . , 7 
 
 of indictments 7 
 
 SiffiMfif. Eight of, to be proteeteii 1 
 
 Suilor may act in proper person or by attorney 7 
 
 .Sitt<« by and asrainst the St,ite 1. ,t 
 
 founded on contracts lor sale or puichase of ,sla\-es, Xo court to take 
 
 cogniianee of 1 •> n 44 
 
 SuperiHlfHdeHt of J'Mic /wfrHctuw, an oJficer of the F_Kecntive Depart- 
 ment 
 
 Tenn of office of. 
 
 how cliosen 
 
 to reside at seat of government 
 
 to keep ,it seat of government all public ixwrvls, etc., perlaiiving to 
 his office 
 
 Returns of election for 
 
 Duties of 
 
 how clioson in case of tie ,. 
 
 Contested elections for 
 
 Death, disability, etc.. of 
 
 Supervision of public schools vested in 
 
 Saliiry and duties of. , 
 
 First election for ..,,. , ,, 
 
 Supersedeai 
 
 Supifmtt CVwj'f— see OxnV, Si^remt. 
 Snpt-eme Owrt, Jms*icm of— ma C^rt, S>q»-emt, Justices of. 
 S«prem« Authority of the U. S 
 
 executive power of State \-ested in Governor 
 
 Sweties for bail 
 
 2S 
 
 ^ 
 
 :26 
 
 IS 
 
 11 
 
 4S 
 
 2 
 
 SS 
 
 50 
 
 It;, 17 
 
 S 
 
 S3 
 
 40 
 
 15 
 
 37 
 
 IS 
 
 17 
 
 90 
 
 6 
 
 24 
 
 6 
 
 34 
 
 19 
 
 5 
 
 21 
 
 27 
 
 4S 
 
 5,16 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 IT 
 
 6 
 
 IS 
 
 20 
 
 6 
 
 IS 
 
 30 
 
 6 
 
 12 
 
 20 
 
 6 
 
 21 
 
 21 
 
 6 
 
 19 
 
 31 
 
 6 
 
 19 
 
 21 
 
 6 
 
 22 
 
 31 
 
 9 
 
 2 
 
 SI 
 
 9 
 
 3 
 
 SI 
 
 So 
 
 1 
 
 46 
 
 ' 
 
 4 
 
 24 
 
 1 
 
 1 
 
 S 
 
 6 
 
 a 
 
 IS 
 
 1 
 
 9 
 
 3 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxxiii 
 
 Sec. Page 
 
 T. 
 
 Tax, Municipal corporation not to levy, exceeding two per cent, of assessed 
 
 value 
 
 Tax, Pollr, to be assessed for School-Fund 
 
 grievous and oppressive 
 
 not to be levied but for school purjjoses 
 
 Taxe», Circulation of banking corporations, issued conformably to provisions 
 of Constitution, receivable for 
 
 to be levied by a uniform rule 
 
 upon what property to be assessed 
 
 not to be levied but in pursuance of law 
 
 Laws imposiijg, to state distinctly tlio object thereof 
 
 X^rohibition of incumbrance upon homestead not to extend to cate 
 of 
 
 No property exempt from sale for 
 
 Taxation 
 
 Property of corporations to be forever subject to 
 
 Powers of, of cities and incorporated villages, to be restricted by 
 General Assembly 
 
 Deficiency in school-fund to be supplied by 
 
 to provide school-houses 
 
 Rule of 
 
 Public property, etc., exempt from 
 
 Exemption of personal property from 
 
 of property employed in banking 
 
 to be only in pursuance of law 
 
 of privileges, pursuits, and occupations 
 
 Teaching, Department of, in State University 
 
 Tenmru of lands 
 
 Feudal, prohibited ....'. 
 
 Term of Senators 
 
 of Eepresentatives 
 
 of officers of Executive Department 
 
 of Commissioner of Public Works and Internal Improvements 
 
 of Justices of Supreme Court 
 
 of Judges of inferior courts 
 
 of Clerk and Reporter of Supreme Court 
 
 of Justices of the Peace 
 
 of officers chosen at election of March 13th, 1868 
 
 of township and precinct officers 
 
 of Prosecuting Attorneys 
 
 of all officers, to expire January 1, 1873, unless otherwise provided 
 
 for 
 
 Terms of Supreme Court 
 
 of inferior courts 
 
 Test, Religious, prohibited 
 
 Teste of writs and other process 
 
 7'estimony — see Emlence. 
 
 Tie, Case of, in elections for Governor and Lieutenant-Governor 
 
 Title of acts of General Assembly 
 
 Laws not to be revised or amended by reference to, only 
 
 Town debit, State not to assume, unless contracted to repel ijivasion, etc 
 
 Toum officers, Compensation of, in what funds payable 
 
 Toum plats recorded, streets in. Vacation and alteration of, to be provided 
 
 for by general laws 
 
 Township governments. General Assembly may provide for 
 
 funds, Benefit of homestead exemption not extended to persons in- 
 debted for dues to 
 
 .5 
 
 47 
 
 16 
 
 9 
 
 4 
 
 32 
 
 10 
 
 1 
 
 33 
 
 10 
 
 1 
 
 33 
 
 5 
 
 50 
 
 17 
 
 10 
 
 2 
 
 33 
 
 10 
 
 2 
 
 33 
 
 10 
 
 5 
 
 34 
 
 10 
 
 5 
 
 34 
 
 12 
 
 2 
 
 37 
 
 12 
 
 3 
 
 38 
 
 10 
 
 
 33 
 
 h 
 
 4? 
 
 16 
 
 5 
 
 49 
 
 17 
 
 9 
 
 7 
 
 33 
 
 9 
 
 9 
 
 33 
 
 10 
 
 2 
 
 33 
 
 10 
 
 2 
 
 34 
 
 10 
 
 2 
 
 34 
 
 10 
 
 3 
 
 34 
 
 10 
 
 5 
 
 34 
 
 10 
 
 17 
 
 36 
 
 9 
 
 3 
 
 31 
 
 1 
 
 24 
 
 6 
 
 1 
 
 24 
 
 6 
 
 5 
 
 9 
 
 10 
 
 5 
 
 3 
 
 8 
 
 6 
 
 1 
 
 17 
 
 6 
 
 23 
 
 21 
 
 7 
 
 3,16 
 
 23,26 
 
 7 
 
 5, ]6 
 
 24,26 
 
 7 
 
 18 
 
 26 
 
 7 
 
 20 
 
 27 
 
 15 
 
 3 
 
 42 
 
 15 
 
 5 
 
 42 
 
 15 
 
 6 
 
 42 
 
 15 
 
 18 
 
 45 
 
 7 
 
 3 
 
 23 
 
 7 
 
 14 
 
 26 
 
 1 
 
 21 
 
 5 
 
 7 
 
 6 
 
 24 
 
 6 
 
 4 
 
 18 
 
 5 
 
 22 
 
 12 
 
 5 
 
 23 
 
 12 
 
 10 
 
 16 
 
 36 
 
 15 
 
 9 
 
 43 
 
 5 
 
 40 
 
 15 
 
 5 
 
 28 
 
 13 
 
 12 
 
clxxiv 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Paoe 
 
 Toumship officers, Term of office of, to expire thirty daj's after Constitution 
 goes into effect 
 
 officers appointed by Governor, Term of office of. 
 
 Townships, Condition of receipt of share of School-Fund by 
 
 Treason a capital offence 
 
 Persons charged with, when not bailable 
 
 against the State, Definition of. 
 
 Requisites to conviction of 
 
 case of. Privilege of Senators and Kepresentatives not to extend 
 to 
 
 Execution of sentence, pardon, reprieve, or commutation of sen- 
 tence, in cases of. 
 
 Persons convicted of, dis'ranchised 
 
 Privilege of electors not to extend to cases of 
 
 Treasurer of the State an officer of the Executive Deportment 
 
 Term of office of 
 
 how chosen 
 
 to reside at seat of government 
 
 to keep at seat of government all public books, etc., pertaining to 
 his office 
 
 Eeturns of election for 
 
 how chosen in case of tie 
 
 Duties of 
 
 Death, disability, etc., of 
 
 Contested elections for, to be determined by Gen. Assembly 
 
 First election for 
 
 Treasury, Disbursements from, to be made only upon appropriation 
 
 Proceeds of lands donated for school purposes to be paid into 
 
 Trial by jury, Right of 
 
 Eight of, to extend to all cases at law 
 
 Instructions and charges of the Court, in 
 
 Tnal in criminal proseciitions, Division of opinion of jury in 
 
 Second, of accused, where jury divide in opinion 
 
 Trials by the Court, Findings in 
 
 Troops, Quartering of : 
 
 Trust Funds not to be applied to payment of public debt 
 
 Benefit of homestead exemption not extended to persons indebted 
 
 for dues to 
 
 Tumult at elections 
 
 u. 
 
 UnioTij Federal, indissoluble 
 
 Attempt to secede from, may, constitntionallj^, be repressed by 
 
 armed force of U. S 
 
 State officers sworn to support and defend , 
 
 United States, supreme authority of the 
 
 Resistance to execution of laws of, may, constitutionally, be re- 
 pressed by armed force 
 
 Officers — see Officers. 
 Constitution and laws of, Voter's oath to support and maintain. . . . 
 
 laws of. State officers sworn to support and defend 
 
 Constitution of— see ConsfUuiion of U. S. 
 Army and Navy of — see Army and Navy 
 University, State 
 
 V. 
 
 Vacancies in General Assembly 
 
 in office. General Assembly may declare cases of 
 
 15 
 
 5 
 
 42 
 
 15 
 
 5 
 
 42 
 
 9 
 
 6 
 
 32 
 
 1 
 
 9 
 
 3 
 
 1 
 
 9 
 
 3 
 
 1 
 
 11 
 
 4 
 
 1 
 
 11 
 
 i 
 
 15 
 
 12 
 
 5 
 17 
 
 10 
 
 6 
 
 9 
 
 19 
 
 8 
 
 3 
 
 29 
 
 8 
 
 6 
 
 30 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 6 
 
 1 
 
 17 
 
 
 18 - 
 
 20 
 
 6 
 
 18 
 
 20 
 
 6 
 
 19 
 
 20 
 
 6 
 
 19 
 
 21 
 
 6 
 
 21 
 
 21 
 
 6 
 
 22 
 
 21 
 
 6 
 
 19 
 
 21 
 
 Sc 
 
 1 
 
 46 
 
 10 
 
 8 
 
 34 
 
 10 
 
 15 
 
 36 
 
 1 
 
 6,8 
 
 2,3 
 
 1 
 
 6 
 
 2 
 
 7 
 
 11 
 
 25 
 
 1 
 
 9 
 
 3 
 
 1 
 
 9 
 
 3 
 
 7 
 
 11 
 
 26 
 
 1 
 
 16 
 
 5 
 
 10 
 
 14 
 
 36 
 
 13 
 
 3 
 
 38 
 
 1 
 
 19 
 
 5 
 
 1 
 
 1 
 
 2 
 
 .5 
 
 17 
 
 45 
 
 1 
 
 1 
 
 2 
 
 30 
 
 44 
 
 3, 4, 5 31, 32 
 
 33 
 
 34 
 
 13 
 13 
 
INDEX TO CONSTITUTION OF ARKANSAS. 
 
 clxxv 
 
 Art. 
 
 Sec. 
 
 Page 
 
 5 
 
 34 
 
 13 
 
 6 
 
 22 
 
 21 
 
 15 
 
 2 
 
 41 
 
 6 
 
 11 
 
 19 
 
 7 
 
 16 
 
 26 
 
 Sc 
 
 14 
 
 49 
 
 1 
 
 9 
 
 3 
 
 5 
 
 30 
 
 13 
 
 15 
 
 16 
 
 44 
 
 5 
 
 35 
 
 14 
 
 40 
 
 15 
 
 Vacancies ia oiEce, General Assembly may provide manner of filling, where 
 
 no provision is made in the Constitution 
 
 in offices of Secretary of State, Treasurer, Auditor, Attorney Gen- 
 eral, or Sup. Pub. Instruction, how filled 
 
 not otherwise provided for. General Assembly may determine mode 
 
 of filling 
 
 Vacancy in office of Governor 
 
 in office of Judge, to be filled by Governor 
 
 in Board of Commissioners of Election how filled 
 
 VagTaTUiy 
 
 Venue in penal or criminal prosecutions, not to be changed by General As- 
 sembly, but to be provided for by general laws 
 
 Vested rights not to be impaired 
 
 Veto 
 
 Villages, streets in, Tacation and alteration of, to be provided for by general 
 
 laws 
 
 incorporated, organization of, General Assembly to provide for, by 
 
 general laws 
 
 chartered. Municipal elections of, for 1868 
 
 Voters— s&e Miclors. 
 Vote in elections by eitlier House, or in j oint convention, to be viva voce. , . . 
 on nominations to the Senate to be by yeas and nays, and pub- 
 lished 
 
 on final passage of bills and joint resolutions, to be by yeas and 
 
 nays 
 
 on ratification of Constitution, Commissioners to inquire into the 
 
 validity or fairness of 
 
 Voting, Duelling to disqualify from .'.,. 
 
 Classes disqualified from 
 
 w. 
 
 War, Offences arising in actual service in time of 
 
 Levying, against the State 
 
 Quartering of troops in time of 
 
 civilized. Violators of rules of, disfranchised 
 
 civilized, violators of rules of. Conditions of restoration of franchise 
 
 to 
 
 Wa^'rani for search or seizure 
 
 Way, right of. Appropriation of, to use of corporations 
 
 Widow, Homestead-exemption for benefit of. 
 
 Wife, Separate property of 
 
 Witness against one's self, No person to be compelled to 
 
 Witnesses not to be unreasonably detained 
 
 compulsory process for. Eight of accused to 
 
 in cases of treason 
 
 Religious opinion not to disqualify 
 
 Competency of 
 
 Women, Property of 
 
 Worship, public. Peaceable enjoyment of, to be protected 
 
 Houses of, exempt from taxation 
 
 Writing, Liberty of. 
 
 Wnis of election for vacancies in General Assembly to be provided for by 
 law 
 
 of error 
 
 of supersedeas 
 
 of certiorari 
 
 5 
 
 • 48 
 
 16 
 
 15 
 
 4 
 
 42 
 
 5 
 
 17 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 21 
 
 12 
 
 Sc 
 
 8 
 
 48 
 
 1 
 
 22 
 
 6 
 
 8 
 
 3 
 
 28 
 
 1 
 
 9 
 
 3 
 
 1 
 
 11 
 
 4 
 
 1 
 
 16 
 
 5 
 
 8 
 
 3 
 
 28 
 
 8 
 
 3,4 
 
 29 
 
 1 
 
 12 
 
 4 
 
 5 
 
 48 
 
 16 
 
 12 
 
 4,5 
 
 38 
 
 12 
 
 6 
 
 38 
 
 1 
 
 9 
 
 3 
 
 1 
 
 7 
 
 3 
 
 1 
 
 8 
 
 3 
 
 1 
 
 11 
 
 4 
 
 1 
 
 21 
 
 5 
 
 7 
 
 22 
 
 27 
 
 ,2 
 
 6 
 
 88 
 
 1 
 
 23 
 
 6 
 
 10 
 
 2 
 
 34 
 
 1 
 
 2 
 
 2 
 
 5 
 
 33 
 
 13 
 
 7 
 
 4 
 
 24 
 
 7 
 
 4 
 
 24 
 
 7 
 
 4 
 
 24 
 
clxxvi 
 
 INDEX TO CONSTITUTION OF ARKANSAS. 
 
 Aet. 
 
 Sec. 
 
 Page 
 
 1,7 
 
 9,4 
 
 4,24 
 
 7 
 
 4 
 
 24 
 
 7 
 
 4 
 
 34 
 
 7 
 
 4 
 
 24 
 
 7 
 
 6 
 
 24 
 
 1 
 
 10 
 
 4 
 
 Write of habeas corpus 
 
 of mandamus 
 
 of quo-warranto 
 
 Other remedial 
 
 Style of 
 
 Wrongs, Eight to remedy for 
 
 Y. 
 
 Yeas and nays to be entered on Journal 
 
 to be taken on nominations to Senate 
 
 to be taken on final passage of bills 
 
 to be taken on reconsiderations of bills and joint resolutions, after 
 
 veto 
 
 on question of proposal of amendment to Constitution, to be entered 
 
 on Journal 
 
 5 
 
 16 
 
 11 
 
 5 
 
 17 
 
 11 
 
 5 
 
 21 
 
 12 
 
 5 
 
 36 
 
 14 
 
 13 
 
 1 
 
 39