ARKANSAS

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ARKANSAS

ARKANSAS. The name of one of the new states of the United States. It was admitted into the Union by the act of congress of June 15th, 1836, 4 Sharsw.cont. of Story's L. U. S. 2444, by which it is declared that the state ofArkansas shall be one, and is hereby declared to be one of the United Statesof America, and admitted into the Union on an equal footing with theoriginal states in all respects whatever. 2. A convention assembled at Little Rock, on Monday, the 4th day ofJanuary, 1836, for the purpose of forming a constitution, by which it isdeclared that "We, the people of the Territory of Arkansas, by ourrepresentatives in convention assembled, in order to secure to ourselves andour posterity the enjoyments of all the rights of life, liberty andproperty, and the free pursuit of happiness do mutually agree with eachother to form ourselves into a free and independent state, by the name andstyle of `The State of Arkansas.'" The constitution was finally adopted onthe 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 whichare legislative, to one; those which are executive, to another and thosewhich are judicial, to a third. 4.-1. The legislative authority of the state is vested in a generalassembly, which consists of a senate and house of representatives. Eachhouse shall appoint its own officers, and shall judge of the qualifications,returns and elections of its own members. Two-thirds of each shallconstitute a quorum to do business, but a smaller number may adjourn fromday to day, and compel the attendance of absent members, in such manner, andunder such penalties, as each house shall provide. Sect. 15. Each house maydetermine the rules of its own proceedings, punish its own members fordisorderly behaviour, and with the concurrence of two-thirds of the memberselected, expel a member; but no member shall be expelled a second time forthe same offence. They shall each from time to time publish a journal oftheir 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 anyfive members. Sect. 16. 5. The doors of each house while in session, or in a committee of thewhole shall be kept open, except in cases which may require secrecy; andeach house may punish by fine and imprisonment, any person, not a member,who shall be guilty of disrespect to the house, by any disorderly orcontemptuous behaviour in their presence, during, their session; but suchimprisonment shall not extend beyond the final adjournment of that session.Sect. 17. 6. Bills may originate in either house, and be amended or rejected inthe other and every bill shall be read on three different days in eachhouse, unless two-thirds of, the house where the same is pending shalldispense with the rules : and every bill having passed both houses shall besigned by the president of the senate, and the speaker of the house ofrepresentatives. Sect. 81. 7. Whenever an officer, civil or military, shall be appointed by thejoint concurrent vote of both houses, or by the separate vote of eitherhouse of the general assembly, the vote shall be taken viva voce, andentered 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 thesession of the general assembly, and for fifteen days before thecommencement and after the termination of each session; and for any speechor 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, fromthe public treasury, compensation for their services, which may be increasedor diminished; but no alteration of such compensation of members shall takeeffect during the session at which it is made. Sect. 21. 10.-1. The senate shall never consist of less than seventeen nor morethan thirty-three members. Art. 4, Sect. 31. The members shall be chosen forfour 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 ofthirty years; Who shall not be a free white male citizen of the UnitedStates; 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 inthe district he may be chosen to represent. Art. 4, Sect. 6. 11. All impeachments shall be tried by the senate; and when sitting forthat purpose, the senators shall be on oath or affirmation to do justiceaccording to law and evidence. When the governor shall be tried, the chiefjustice of the supreme court shall preside; and no person shall be convictedwithout the concurrence of two-thirds of the senators elected. Art. 4, Sect.27. 12.-2. The house of representatives shall consist of not less thanfifty-four, nor more than one hundred representatives, to be apportionedamong the several counties in this state, according to the number of freewhite male inhabitants therein, taking five hundred as the ratio, until thenumber of representatives amounts to seventy-five; and when they amount toseventy-five, they shall not be further increased until the population ofthe state amounts to five hundred thousand souls. Provided that each countynow organized shall, although its population may not give the existingratio, always be entitled to one representative. The members are chosenevery 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 mustactually reside in the county, or district where he votes for an office madeelective under this state or the United States. But no soldier, seaman, ormarine, in the army of the United States, shall be entitled to vote at anyelection within this state. Art. 4, Sect. 2. 14. No person shall be a member of the house of representatives, whoshall not have attained the age of twenty-five years; who shall not be afree, white male citizen of the United States; who shall not have been aninhabitant of this state one year; and who shall not, at the time of hiselection, have an, actual residence in the county he may be chosen torepresent. Art. 4, Sect. 4. 15. The house of representatives shall have the sole power ofimpeachment. Art. 4, Sect. 27. 16.-2. The supreme executive power of this state is vested in a chiefmagistrate, 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 ofArkansas, or a native born citizen of the United States, or a resident ofArkansas ten years previous to the adoption of this constitution, if not anative of the United States; and, shall have been a resident of the same atleast four years next before his election. Art. 4, s. 4. 19.-3. The governor holds his office for the term of four years fromthe time of, his installation, and until his successor shall be dulyqualified; but he is not eligible for more than eight years in any term oftwelve years. Art. 5, sect. 4. 20.-4. His principal duties are enumerated in the fifth article of theconstitution, and are as follows: He Shall be commander-in-chief of the armyof this state, and of the militia thereof, except when they shall be calledinto the service of the United States; s. 6: He may require information, inwriting, from the officers of the executive department, on any subjectrelating to the duties of their respective offices; s. 7. He may byproclamation, on extraordinary occasions, convene the general assembly, atthe seat of government, or at a different place, if that shall have become,since their last adjournment, dangerous from an enemy, or from contagiousdiseases. In case of disagreement between the two houses, with respect tothe time of adjournment, he may adjourn them to such time as he shall thinkproper, 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 ofthe state of the government, and recommend to their consideration suchmeasures as he may deem expedient; s. 9. He shall take care that the laws befaithfully executed s. 10. In all criminal and penal cases, except those oftreason and impeachment, he shall have power to grant pardons, afterconviction, and remit fines and forfeitures, under such rules andregulations as shall be prescribed by law in cases of treason, he shall havepower, by and with the advice and consent of the senate, to grant reprievesand pardons; and he may, in the recess of the senate, respite the sentenceuntil the end of the next session of the general assembly s. 11. He is thekeeper 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 tothe governor. If he approve, he shall sign it; but if he shall not approveit, he shall return it, with his objections, to the house in which it Shallhave originated, who shall enter his objections at large upon theirjournals, and proceed to reconsider it. If, after such reconsideration, amajority of the whole number elected to that house shall agree to pass thebill, 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 thewhole number elected to that house it shall be a law; but in such cases, thevotes of both houses shall be determined by yeas and nays; and the names ofpersons voting for or against the bill, shall be entered on the journals ofeach house respectively. If the bill shall not be returned by the governorwithin three days, Sundays excepted, after it shall have been presented tohim, the same shall be a law, in like manner as if be had signed it, unlessthe general assembly, by their adjournment, prevent its return; in such caseit 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 thestate, the president of the senate shall exercise all the authorityappertaining to the office of governor, until another governor shall havebeen elected and qualified, or until the governor absent or impeached, shallreturn or be acquitted; s. 18. If, during the vacancy of the office ofgovernor, the president of the senate shall be impeached, removed fromoffice, refuse to qualify, resign, die, or be absent from the state, thespeaker of the house of representatives shall, in like manner, administerthe government; s. 19. 21.-3. The judicial power of this state is vested by the sixth articleof the constitution, as follows 22.-1. The judicial power of this state shall be vested in one supremecourt, in circuit courts, in county courts, and in justices of the peace.The general assembly may also vest such jurisdiction as may be deemednecessary, in corporation courts; and, when they deem it expedient, mayestablish courts of chancery. 23.-2. The supreme court shall be composed of three judges, one ofwhom shall be styled chief justice, any two of whom shall constitute aquorum and the concurrence of any two of the said judges shall, in everycase, be necessary to a decision. The supreme court, except in casesotherwise directed by this constitution, shall have appellate jurisdictiononly, which shall be coextensive with the state, under such rules andregulations as may, from time to time, be prescribed by law; it shall have ageneral superintending control over all inferior and other courts of law andequity it shall have power to issue writs of error and Supersedeas,certiorari and habeas corpus, mandamus, and quo warranto, and other remedialwrits, and to hear and determine the same; said judges shall be conservatorsof the peace throughout the state, and shall severally have power to issueany of the aforesaid writs. 24.-3. The circuit court shall have jurisdiction over all criminalcases which shall not be otherwise provided for by law and exclusiveoriginal jurisdiction of all crimes amounting to felony.at common law; andoriginal jurisdiction of all civil cases which shall not be cognizablebefore justices of the peace, until otherwise directed by the generalassembly; and original jurisdiction in all matters of contract) when the sumin controversy is over one hundred dollars. It shall hold its terms at suchplace in each county, as may be by law directed. 25.-4. The state shall be divided into convenient circuits, each toconsist of not less than five, nor more than seven counties contiguous toeach other, for each of which a judge shall be elected, who, during hiscontinuance in office, shall reside and be a conservator of the peace withinthe circuit for which he shall have been elected. 26.-5. The circuit courts shall exercise a superintending control overthe county courts, and over justices of the peace, in each county in theirrespective circuits; and shall have power to issue all the necessary writsto carry into effect their general and specific powers. 27.-6. Until the general assembly shall deem it expedient to establishcourts of chancery, the circuit courts shall have jurisdiction in matters ofequity, subject to appeal to the supreme court, in such manner as may beprescribed by law. 28.-7. The general assembly shall, by joint vote of both houses, electthe judges of the supreme and circuit courts, a majority of the whole numberin joint vote being necessary to a choice. The judges of the supreme courtshall be at least thirty years of age; they shall hold their offices foreight years from the date of their commissions. The judges of the circuitcourts shall be at least twenty-five years of age, and shall be elected forthe term of four years from the date of their commissions. 29.-8. There shall be established in each county, a court to be holdenby the justices of the peace, and called the county court, which shall havejurisdiction in all matters relating, to county taxes, disbursements ofmoney for county purposes, and in every other case that may be necessary tothe internal improvement and local concerns of the respective counties. 30.-9. There shall be elected by the justices of the peace of therespective counties, a presiding judge of the county court, to becommissioned 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 tothe duties that may be required of him by law, as presiding judge of thecounty court, be a judge of the court of probate, and have such jurisdictionin matters relative to the estates of deceased persons, executors,administrators, and guardians, as may be prescribed by law, until otherwisedirected by the general assembly. 31.-10. No judge shall preside in the trial of any cause, in the eventof which he may be interested, or where either of the parties shall beconnected with him by affinity or consanguinity, within such degrees as maybe proscribed by law, or in which he shall have been of counsel, or havepresided in any inferior court, except by consent of all the parties. 32.-11. The qualified voters in each township shall elect the justicesof the peace for their respective townships. For every fifty voters theremay be elected one justice of the peace, provided, that each township,however small, shall have two justices of the peace. Justices of the peaceshall be elected for two years, and shall be commissioned by the governor,and reside in the townships for which they shall have been elected, duringtheir continuance in office. They shall have individually, or two or more ofthem jointly, exclusive original jurisdiction in all matters of contract,except in actions of covenant, where the sum in controversy is of onehundred dollars and under. Justices of the peace shall in no case havejurisdiction to try and determine any criminal case or penal offence againstthe state; but may sit as examining courts, and commit, discharge, orrecognize to the court having jurisdiction, for further trial, offendersagainst the peace. For the foregoing purposes they shall have power to issueall necessary process they shall also have power to bind to keep the peace,or for good behaviour.

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