2.
A convention assembled at Little Rock, on Monday, the 4th day of
January, 1836, for the purpose of forming a constitution, by which it is
declared that " We, the people of the Territory of Arkansas, by our
representatives in convention assembled, in order to secure to ourselves
and our posterity the enjoyments of all the rights of life, liberty and
property, and the free pursuit of happiness do mutually agree with each
other to form ourselves into a free and independent state, by the name
and style of `The State of Arkansas.' " The constitution was finally
adopted on the 30th day of January, 1836.
3.
The powers of the government are divided into three departments; each
of them is confided to a separate body of magistry, to wit; those which
are legislative, to one; those which are executive, to another and those
which are judicial, to a third.
4.
– 1. The legislative authority of the state is vested in a general
assembly, which consists of a senate and house of representatives. Each
house shall appoint its own officers, and shall judge of the
qualifications, returns and elections of its own members. Two-thirds of
each shall constitute a quorum to do business, but a smaller number may
adjourn from day to day, and compel the attendance of absent members, in
such manner, and under such penalties, as each house shall provide.
Sect. 15. Each house may determine the rules of its own proceedings,
punish its own members for disorderly behaviour, and with the
concurrence of two-thirds of the members elected, expel a member; but no
member shall be expelled a second time for the same offence. They shall
each from time to time publish a journal of their proceedings, except
such parts as, in their opinion, require secrecy; and the yeas and nays
shall be entered on the journal, at the desire of any five members.
Sect. 16.
5.
The doors of each house while in session, or in a committee of the
whole shall be kept open, except in cases which may require secrecy; and
each house may punish by fine and imprisonment, any person, not a
member, who shall be guilty of disrespect to the house, by any
disorderly or contemptuous behaviour in their presence, during, their
session; but such imprisonment shall not extend beyond the final
adjournment of that session. Sect. 17.
6.
Bills may originate in either house, and be amended or rejected in the
other and every bill shall be read on three different days in each
house, unless two-thirds of, the house where the same is pending shall
dispense with the rules : and every bill having passed both houses shall
be signed by the president of the senate, and the speaker of the house
of representatives. Sect. 81.
7.
Whenever an officer, civil or military, shall be appointed by the joint
concurrent vote of both houses, or by the separate vote of either house
of the general assembly, the vote shall be taken viva voce, and entered
on the journal. Sect. 19.
8.
The senators and representatives shall, in all cases except treason,
felony, or breach of the peace, be privileged from arrest, during the
session of the general assembly, and for fifteen days before the
commencement and after the termination of each session; and for any
speech or debate in either house, they shall not be questioned in any
other place. Sect. 20.
9.
The members of the general assembly shall severally receive, from the
public treasury, compensation for their services, which may be increased
or diminished; but no alteration of such compensation of members shall
take effect during the session at which it is made. Sect. 21.
10.
– 1. The senate shall never consist of less than seventeen nor more
than thirty-three members. Art. 4, Sect. 31. The members shall be chosen
for four years, by the qualified electors of the several districts.
Art. 4, Sect. 5. No person shall be a senator who shall not have
attained the age of thirty years; Who shall not be a free white male
citizen of the United States; who shall not have been an inhabitant of
this state for one year; and who shall not, at the time of his election,
have an actual residence in the district he may be chosen to represent.
Art. 4, Sect. 6.
11.
All impeachments shall be tried by the senate; and when sitting for
that purpose, the senators shall be on oath or affirmation to do justice
according to law and evidence. When the governor shall be tried, the
chief justice of the supreme court shall preside; and no person shall be
convicted without the concurrence of two-thirds of the senators
elected. Art. 4, Sect. 27.
12.
– 2. The house of representatives shall consist of not less than
fifty-four, nor more than one hundred representatives, to be apportioned
among the several counties in this state, according to the number of
free white male inhabitants therein, taking five hundred as the ratio,
until the number of representatives amounts to seventy-five; and when
they amount to seventy-five, they shall not be further increased until
the population of the state amounts to five hundred thousand souls.
Provided that each county now organized shall, although its population
may not give the existing ratio, always be entitled to one
representative. The members are chosen every second year, by the
qualified electors of the several counties. Art. 4, Sect. 2.
13.
The qualification of an elector is as follows: he must 1, be a free,
white male citizen of the United States; 2, have attained the age of
twenty-one years; 3, have been a citizen of this state six months; 4, be
must actually reside in the county, or district where he votes for an
office made elective under this state or the United States. But no
soldier, seaman, or marine, in the army of the United States, shall be
entitled to vote at any election within this state. Art. 4, Sect. 2.
14.
No person shall be a member of the house of representatives, who shall
not have attained the age of twenty-five years; who shall not be a free,
white male citizen of the United States; who shall not have been an
inhabitant of this state one year; and who shall not, at the time of his
election, have an, actual residence in the county he may be chosen to
represent. Art. 4, Sect. 4.
15. The house of representatives shall have the sole power of impeachment. Art. 4, Sect. 27.
16.
2. The supreme executive power of this state is vested in a chief
magistrate, who is styled " The Governor of the State of Arkansas." Art.
5, Sect. 1.
17. – 1. He is elected by the electors of the representatives.
18.
– 2. He must be thirty years of age a native born citizen of Arkansas,
or a native born citizen of the United States, or a resident of Arkansas
ten years previous to the adoption of this constitution, if not a
native of the United States; and, shall have been a resident of the same
at least four years next before his election. Art. 4, s. 4.
19.
– 3. The governor holds his office for the term of four years from the
time of, his installation, and until his successor shall be duly
qualified; but he is not eligible for more than eight years in any term
of twelve years. Art. 5, sect. 4.
20.
– 4. His principal duties are enumerated in the fifth article of the
constitution, and are as follows: He Shall be commander-in-chief of the
army of this state, and of the militia thereof, except when they shall
be called into the service of the United States; s. 6: He may require
information, in writing, from the officers of the executive department,
on any subject relating to the duties of their respective offices; s. 7.
He may by proclamation, on extraordinary occasions, convene the general
assembly, at the seat of government, or at a different place, if that
shall have become, since their last adjournment, dangerous from an
enemy, or from contagious diseases. In case of disagreement between the
two houses, with respect to the time of adjournment, he may adjourn them
to such time as he shall think proper, not beyond the day of the next
meeting of the general assembly; s, 8. He shall, from time to time, give
to the general assembly information of the state of the government, and
recommend to their consideration such measures as he may deem
expedient; s. 9. He shall take care that the laws be faithfully executed
s. 10. In all criminal and penal cases, except those of treason and
impeachment, he shall have power to grant pardons, after conviction, and
remit fines and forfeitures, under such rules and regulations as shall
be prescribed by law in cases of treason, he shall have power, by and
with the advice and consent of the senate, to grant reprieve sand
pardons; and he may, in the recess of the senate, respite the sentence
until the end of the next session of the general assembly s. 11. He is
the keeper of the seal of the' state, which is to be used by him
officially; s. 12. Every bill which shall have passed both houses, shall
be presented to the governor. If he approve, he shall sign it; but if
he shall not approve it, he shall return it, with his objections, to the
house in which it Shall have originated, who shall enter his objections
at large upon their journals, and proceed to reconsider it. If, after
such reconsideration, a majority of the whole number elected to that
house shall agree to pass the bill, it shall be sent, with the
objections, to the other house, by which, likewise, it shall be
reconsidered; and if approved by a majority of the whole number elected
to that house it shall be a law; but in such cases, the votes of both
houses shall be determined by yeas and nays; and the names of persons
voting for or against the bill, shall be entered on the journals of each
house respectively. If the bill shall not be returned by the governor
within three days, Sundays excepted, after it shall have been presented
to him, the same shall be a law, in like manner as if be had signed it,
unless the general assembly, by their adjournment, prevent its return;
in such case it shall not be a law; s. 16. 5. In case of the impeachment
of the governor, his removal from office, death, refusal to qualify, or
absence from the state, the president of the senate shall exercise all
the authority appertaining to the office of governor, until another
governor shall have been elected and qualified, or until the governor
absent or impeached, shall return or be acquitted; s. 18. If, during the
vacancy of the office of governor, the president of the senate shall be
impeached, removed from office, refuse to qualify, resign, die, or be
absent from the state, the speaker of the house of representatives
shall, in like manner, administer the government; s. 19.
2l. – 3. The judicial power of this state is vested by the sixth article of the constitution, as follows
22.
– 1. The judicial power of this state shall be vested in one supreme
court, in circuit courts, in county courts, and in justices of the
peace. The general assembly may also vest such jurisdiction as may be
deemed necessary, in corporation courts; and, when they deem it
expedient, may establish courts of chancery.
23.
– 2. The supreme court shall be composed of three judges, one of whom
shall be styled chief justice, any two of whom shall constitute a quorum
and the concurrence of any two of the said judges shall, in every case,
be necessary to a decision. The supreme court, except in cases
otherwise directed by this constitution, shall have appellate
jurisdiction only, which shall be coextensive with the state, under such
rules and regulations as may, from time to time, be prescribed by law;
it shall have a general superintending control over all inferior and
other courts of law and equity it shall have power to issue writs of
error and Bupersedeas, certiorari and habeas corpus, mandamus, and quo
warranto, and other remedial writs, and to hear and determine the same;
said judges shall be conservators of the peace throughout the state, and
shall severally have power to issue any of the aforesaid writs.
24.
– 3. The circuit court shall have jurisdiction over all criminal cases
whicb shall not be otherwise provided for by law and exclusive original
jurisdiction of all crimes amounting to felony.at common law; and
original jurisdiction of all civil cases which shall not be cognizable
before justices of the peace, until otherwise directed by the general
assembly; and original jurisdiction in all matters of contract) when the
sum in controversy is over one hundred dollars. It shall hold its terms
at such place in each county, as may be by law directed.
25.
– 4. The state shall be divided into convenient circuits, each to
consist of not less than five, nor more than seven counties contiguous
to each other, for each of which a judge shall be elected, who, during
his continuance in office, shall reside and be a conservator of the
peace within the circuit for which he shall have been elected.
26.
– 5. The circuit courts shall exercise a superintending control over
the county courts, and over justices of the peace, in each county in
their respective circuits; and shall have power to issue all the
necessary writs to carry into effect their general and specific powers.
27.
– 6. Until the general assembly shall deem it expedient to establish
courts of chancery, the circuit courts shall have jurisdiction in
matters of equity, subject to appeal to the supreme court, in such
manner as may be prescribed by law.
28.
– 7. The general asserably shall, by joint vote of both houses, elect
the judges of the supreme and circuit courts, a majority of the whole
number in joint vote being necessary to a choice. The judges of the
supreme court shall be at least thirty years of age; they shall hold
their offices for eight years from the date of their commissions. The
judges of the circuit courts shall be at least twenty-five years of age,
and shall be elected for the term of four years from the date of their
commissions.
29.
– 8. There shall be established in each county, a court to be holden by
the justices of the peace, and called the county court, which shall
have jurisdiction in all matters relating, to county taxes,
dishursements of money for county purposes, and in every other case that
may be necessary to the internal improvement and local concerns of the
respective counties.
30.
– 9. There shall be elected by the justices of the peace of the
respective counties, a presiding judge of the county court, to be
commissioned by the governor, and hold his office for the term of two
years, and until his successor is elected or qualified. He shall, in
addition to the duties that may be required of him by law, as presiding
judge of the county court, be a judge of the court of probate, and have
such jurisdiction in matters relative to the estates of deceased
persons, executors, administrators, and guardians, as may be prescribed
by law, until otherwise directed by the general assembly.
31.
– 10. No judge shall preside in the trial of any cause, in the event of
which he may be interested, or where either of the parties shall be
connected with him by affinity or consanguinity, within such degrees as
may be proscribed by law, or in which he shall have been of counsel, or
have presided in any inferior court, except by consent of all the
parties.
32.
– 11. The qualified voters in each township shall elect the justices of
the peace for their respective townships. For every fifty voters there
may be elected one justice of the peace, provided, that each township,
however small, shall have two justices of the peace. Justices of the
peace shall be elected for two years, and shall be commissioned by the
governor, and reside in the townships for which they shall have been
elected, during their continuance in office. They shall have
individually, or two or more of them jointly, exclusive original
jurisdiction in all matters of contract, except in actions of covenant,
where the sum in controversy is of one hundred dollars and under.
Justices of the peace shall in no case have jurisdiction to try and
determine any criminal case or penal offence against the state; but may
sit as examining courts, and commit, discbarge, or recognize to the
court having jurisdiction, for further trial, offenders against the
peace. For the foregoing purposes they shall have power to issue all
necessary process they shall also bave power to bind to keep the peace,
or for good behaviour.
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