« AnteriorContinuar »
sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of twothirds 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 oflicers under this state, shall be liable to impeachment for any misconduct or maladministration of their respective offices; but judgment in such cases shall not extend further than to removal 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.
SEC: 3. Two terms of the supreme court shall be held at the seat of government annually: Prorided. That the general assembly may provide by law for holding said court at three other places. The suprenie 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 years, and four associate justices, who shall be chosen by the qualified electors of the State at large for the term of eight years: 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.
SEC. 4. The supreme court shall have general supervision and control over all inferior courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari, habeas corpus, mamdumus, quo umranto, 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.
SEC. 5. 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: Proridhail, That the general assembly may provide for the establishment of such inferior courts, changes of jurisdiction, or abolition of existing inferior courts, as may be deemed requisite. The judges of the inferior courts herein provided for, or of such as may hereafter be established by law, shall be appointed by the governor, by and with the advice 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 Assembly shall not interfere with the term of office of any judge.
SEC. 6. All writs and other 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 they issue. Indictments shall conclude ** against the peace and dignity of the State of Arkansas."
SEC. 7. No judge shall preside on 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 aflinity 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.
SEC. 8. In case all or any of the Judges of the Supreme Court shall be disqualified from presiding on any cause or causes, the court or
judges thereof shall certify the same to the Governor of the State, and he shall immediately commission specially the required number of men learned in the law, for the trial and determination thereof.
SEC. 9. Whenever, at ten o'clock, a. m., of the 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.
SEC. 10. The judges of the inferior courts may temporarily exchange circuits, or hold courts for each other under such regulations as may be prescribed by law.
Sec. 11. Judges shall not charge juries with 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 shall reduce to writing his findings upon the facts in the case, and shall declare the law in the same manner he is required to do when instructing juries.
Sec. 12. Any judge whose appointment or 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.
Sec. 13. The Judges of the Supreme and inferior courts shall, at stated times, receive a compensation for their services as is now or may hereafter be provided by law, and which shall not be diminished during the respective terms for which they may be elected or appointed
SEC. 14. The inferior courts shall hold annually such terms as the General Assembly may direct.
Sec. 15. All appeals from inferior courts shall be taken in such manner and to such courts 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.
Sec. 16. When a vacancy occurs in the office 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 unexpired term, and until his successor is elected and qualified.
Sec. 17. The Supreme Court and such other courts as may be estabılished by law shall be courts of record, and shall each have a common seal.
SEC. 18. The Supreme Court shall appoint a Clerk of such court, and also a Reporter of its decisions. The decisions 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 dissent 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 Assembly may direct. The Clerk and Reporter shall hold their respective offices for the term of six years, subject to removal by the court for cause.
SEC. 19. 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.
SEC. 20. In each township in this State there shall be elected by the qualified electors thereof two Justices of the Peace, who shall hold their offices for the term of four years: Provided, That in such townships as may contain more than two hundred qualified electors, an additional justice of the peace may be chosen. Justices of the peace shall have exclusive original jurisdiction 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.
SEC. 21. Any suitor in any court in this State shall have the right to prosecute or defend his suit either in his own proper person or by attorney.
Sec. 22. In the courts of this State there shall be no exclusion of any witness in civil actions because 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: Proridei, 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 conservators of the peace throughout their respective jurisdictions.
SECTION 1. In all elections by the people the electors shall vote by ballot.
SEC. 2. Every male person born in the United 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 upward, and who shall have resided in the State sis inonths next preceding the election, and who, at the time, is an actual resident of the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector: Prorideil, No soldier, or sailor, or marine, in the military or naval service of the United States, sball acquire a residence by reason of being stationed on duty in this State.
SEC: 3. The following classes shall not be permitted to register, or vote, or hold office, viz:
1-t. Those who during rebellion took the oath of allegiance, or gave bonds for loyalty and good behavior to the United States Government, and afterward gave aid, comfort 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 rebellion,
a Amended April 19, 18733.
or by accompanying any armed force belonging to the rebel army, or by furnishing supplies of any kind to the same.
21. Those who are disqualified as electors, or from holding office in the State or States from which they came.
3d. Those persons who during the late rebellion violated the rules of civilized warfare.
4th. Those who may be disqualified by the proposed amendment to the Constitution of the United States, known as Article XIV, and those who have been disqualified from registering to vote for delegates to the convention 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 second, one thousand eight hundred and sixty-seven, and the acts supplementary thereto.
5th. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crimes punishable by law with imprisonment in the penitentiary, or bribery.
6th. Those who are idiots or insane: Provided, That all persons included in the 1st, 2d, 3d and 4th, subdivisions of this section, who have openly advocated or who have voted for the reconstruction proposed by Congress and accept the equality of all men before the law, shall be deemed qualified electors under this constitution.
SEC. 4. The general assembly shall have the power by a two-thirds vote of each house, approved by the governor to remove the disabilities included in the 1st, 2d, 3d and 4th subdivisions 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 remove the disabilities of any person embraced in the aforesaid subdivisions who, after the adoption of this constitution by this convention, persists in opposing the acts of Congress and reconstruction thereunder.
SEC: 5. All persons, before registering or voting must take and subscribe the following oath: “I,
do solemnly swear, (or aflirm,) that I will support and maintain the Constitution and laws of the United States, and 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 1st, 2d, 3d, or 4th subdivisions of article VIII of the constitution of the State of Arkansas; 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, or countenance in others any attempt to injure person 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 party:” Provided, That if any person shall knowingly and falsely take any oath in this constituition 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 punishment of the crime of wilful and corrupt perjury.
Sec. 6. Electors shall in all cases except treason, 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.
Sec. 7. It shall be the duty of the general assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.
Section 1. A general diffusion of knowledge and intelligence among all classes, being essential to the preservation 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 common schools shall be distributed to the several counties, 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 exclusive right to, or control of any part of the school-funds of this state.
SEC. 2. The supervision of public schools shall be vested in a superintendent of public instruction, and such other officers as the general assembly shall provide. The superintendent of public instruction shall receive such salary and perform such duties as shall be prescribed by law.
SEC. 3. The general assembly shall establish 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.
SEC. 4. The proceeds of all lands that have been 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, moneys?) 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 effects that may accrue to 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 devices 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 preserved as a public school fund, which shall be the common property of the State; the annual income of which fund, 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 revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the university, in this article provided for. and for no other uses or purposes whatever.