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in "An act supplementary to the act entitled 'An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes,'” be, and the same are hereby, freely accepted, ratified, and irrevocably confirmed, as articles of compact and union between the State of Arkansas and the United States.
And be it further ordained by the authority aforesaid, That the general assembly of the State of Arkansas shall never interfere, without the consent of the United States, with the primary disposal of the soil within said State, owned by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than resident; and that the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order, or under the authority, of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively.
Approved, October 18, 1836.
CONSTITUTION OF ARKANSAS 1836 * a
We, the people of the Territory of Arkansas, by our representatives in convention assembled, at Little Rock, on Monday, the 4th day of January, A. D. 1836, and of the Independence of the United States the sixtieth year, having the right of admission into the Union as one of the United States of America, consistent with the Federal Constitution, and by virtue of the treaty of cession, by France to the United States, of the Province of Louisiana, in order to secure to ourselves and our posterity the enjoyment 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," and do ordain and establish the following constitution for the government thereof:
We do declare and establish, ratify and confirm, the following as ihe permanent boundaries of said State of Arkansas, that is to say: Beginning in the middle of the main channel of the Mississippi river, on the parallel of thirty-six 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 degrees, thirty minutes north; from thence west to the southwest corner of the State of Missouri; and from thence to be bounded on the west, to the north bank of Red river, as by acts of Congress 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 Mexican boundary-line to the northwest corner of the State of Louisiana; 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 to the thirty-sixth degree of north latitude, the point of beginning.
* Verified by Judge ('. M. Rose's text in his edition of the constitutions of Arkansas: The Constitutions of the State of Arkansas Framed and Adopted By the Convention Which Assembled at Little Rock, July 14, 1874, and Ratified By the People of State at the Election Held October 13th, 1874. With an Appendix, Containing the Constitutions of the United States, and the Constitutions of Arkansas of 1836. 1861, 1867, and 1868. With Notes by U. M. Rose. Little Rock, Ark.: Press Printing Company. 1891. pp. 175–20.5. Also from the text of the constitution as amended, from the Biennial Report of the Secretary of State of Arkansas, Hon. 0. C. Ludwig Little Rock : 1906. pp. 17–68.
« This constitution was framed by a convention which met January 4, 1836, und adjourned January 30, 1836. It was not submitted to the people.
DECLARATION OF RIGHTS
That the great and essential principles of liberty and free government may be recognized and unalterably established, we declare:
SECTION 1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation; and of pursuing their own happiness.
Sec. 2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform or abolish their government, in such manner as they may think proper.
Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. That no human authority can, in any case whatever, interfere with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.
Sec. 4. That the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion.
Sec. 5. That all elections shall be free and equal.
Sec. 7. That printing-presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject-being responsible for the abuse of that liberty.
SEC. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence: and in all indictments for libels, the jury shall have the right to determine the law and the facts.
Sec. 9. That the people shall be secure in their persons, houses, papers and possessions, from wreasonable searches and seizures; and
that general warrants, whereby any officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and shall not be granted.
Sec. 10. That no freeman shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.
Sec. 11. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the crime shall have been committed ; and shall not be compelled to give evidence against himself.
Sec. 12. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
Sec. 13. That all penalties shall be reasonable, and proportioned to the nature of the offence.
Sec. 14. That no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment.
Sec. 15. That no conviction shall work corruption of blood or forfeiture of estate.
SEC. 16. That all prisoners shall be bailable by suflicient securities, unless in capital offences, where the proof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless where, in case of rebellion or invasion, the public sa fety may require it.
Sec. 17. That excessive bail shall in no case be required, nor excessive fines imposed.
Sec. 18. That no et post facto law, or any law impairing the obligation of contracts, shall ever be made.
SEC. 19. That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emolument, privileges or honors ever be granted or con ferred in this State.
Sec. 20. That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their representatives, and to apply to those invested with the power of the government for redress of grievances, or other proper purposes, by address or remonstrance.
SEC. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defence.
Sec. 22. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.
Sec. 23. The military shall be kept in strict subordination to the
SEC. 24. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and, to guard against any
encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
SECTION 1. The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
Sec. 2. No person, or collection of persons, being of one of those departments, shall exercise any power belonging to either of the others; except in the instances hereinafter expressly directed or permitted.
SECTION 1. The legislative power of this State shall be vested in a general assembly, which shall consist of a senate, and a house of representatives.
QUALIFICATIONS OF ELECTORS
SEC. 2. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have been a citizen of this State six months, shall be deemed a qualified elector, and be entitled to vote in the county or district where he actually resides, for each and every office made elective under this State, or under the United States: Prorided, That no soldier, seaman, or marine, in the Army or Navy of the United States, shall be entitled to vote at any election within this State.
TIME OF CHOOSING REPRESENTATIVES
Sec. 3. The House of Representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties.
QUALIFICATIONS OF A REPRESENTATIVE
SEC. 4. No person shall be a member of the Ilonse 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.
QUALIFICATIONS OF A SEXATOR
Sec. 5. The Senate shall consist of members to be chosen every four years, by the qualified electors of the several districts.
SEC. 6. 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 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.
MEETING OF THE GENERAL ASSEMBLY
Sec. 7. The General Assembly shall meet every two years, on the first Monday of November, at the seat of government, until altered by law.
THE MODE OF ELECTION, AND TIME, AND PRIVILEGE OF ELECTORS
Sec. 8. All general elections shall be viva voce, until otherwise directed by law, and shall commence and be holden every two years, on the first Monday in October, until altered by law; and the electors in all cases except in cases of treason, felony and breach of the peace, shall be privileged from arrest during their attendance on elections, and in going to and returning therefrom.
DUTY OF GOVERNOR
Sec. 9. The Governor shall issue writs of election to fill such vacancies as shall occur in either House of the General Assembly.
Sec. 10. No Judge of the Supreme, Circuit or Inferior Courts of law or equity, Secretary of State, Attorney for the State, State Auditor or Treasurer, Register or Recorder, Clerk of any Court of Record, Sheriff, Coroner, Member of Congress, nor any other person
, holding any lucrative office under the United States or this State, (militia officers, Justices of the Peace, Postmasters and Judges of the County Courts excepted,) shall be eligible to a seat in either House of the General Assembly.
Sec. 11. No person who now is, or shall be hereafter, a collector or holder of public money, nor any assistant or deputy of such holder or collector of public money, shall be eligible to a seat in either House of the General Assembly, nor to any office of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable.
Sec. 12. The General Assembly shall exclude from every office of trust or profit, and from the right of suffrage, within this State, all persons convicted of bribery, perjury, or other infamous crime.
Sec. 13. Every person who shall have been convicted of directly or indirectly giving or offering any bribe, to procure his election or appointment, shall be disqualified from holding any office of trust or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person, shall, on conviction thereof, be disqualified from being an elector, or from holding office of trust or profit under this State,