The constitution of the state of Arkansas online

123
694
131
10
18
24
3
23
55
8
55

"119

5
2
29

400

82
7

■■■•i
4

95
4
4
2

101
1
11

25
2
8
9




Ashley

Bknton




BOONK


Marion






1 Monroe








Caeboll


! Newton




Chicot


Nev.\da












1 Perry












i Pike












Polk




Cross


843

16 1282
20 737
12 1003

117 993


POPK












Pulaski
















2.

•••.34
.31

•••37

i

1.33
18

i

3132

893

1

if.'


541

1150
491

1199
636
921
788

1321
.586
625

1852
737

1330

1319

'1

18.36


Salink






scorr.:;::z;:::: :::::::::::;:;:::::










FiULKNEB


Searcy










Orfeve


Sevier




Howard










Hot Spring


Union




Garland


Van Buren






Washington






White












Yell




Johnson


Total .. .




8547




TiAWRKNCF

Little Ri\fr
Lek


i
1





Total vote '' For Convention "
Total vote " Against Convention "

Majority " For Convention "



80,259
8,547

71,712t



*rrom the official returns to the delegates elect to the Constitutional Convention, of the State Board
of Election Supervisors appoin'ed under the Act of General Assembly, approved May 18th, 1874, entitled
"An Act providing for a Convention of the People of the State of .\rkansas, to frame a new Constitution"
(p. xiii).

tThe official return, through some clerical error, states t'-e vote "Against Convention" at 8,607, and
the consequent majority "For Convention" at 71.652. The totals as here given result from the footings of
the votes given for the several counties.— Pditor.



ADDRESS OF CONVENTION, TO THE PEOPLE. xxi

ADDRESS

TO THE PEOPLE OF THE STATE,

PREPARED BY ORDER OF THE CONSTITUTIONAL CONVENTION,

And appended to the official copies of the Constitution, circulated for
public information,



Fellow Citizens :

Your Delegates in Convention assembled to frame a Constitution for the
State of Arkansas, now submit the result of their labors for your approval.

We commend to your favorable consideration the Constitution accompany-
ing this address, as the fruits of the united efforts and untiring labor of a truly
representative body, whose interests are identified with those of the people of
the entire State.

An examination of this -(Constitution will show its distinguishing features —
as compared with the Constitution of 1868— to consist in submitting the election
of all officers of the government to the popular vote; in diminishing the num-
ber of offices to such number as is necessary to an economical and successful
administration of the government; in limiting the rate of taxation, by the Leg-
islature, on the assessed value of all property ; in protecting the public credit,
by expressly prohibiting ^the Legislature from contracting any debt, save for
certain specified purposes ; and in prohibiting all local and special legislation.

It is believed the main corrective of the abuses which we have for several
years past sustained, will be found in that feature of the Constitution which sub-
mits all elections of civil officers to the people, thereby depriving the Executive
Department of the State of the power of appointment. The necessity of free
• and fair elections, uncontrolled by partisan appliances, has long been felt by our
people. The abuse of this right — so long held inviolable — has stifled the popu-
lar voice, given the reins of government to a faction, reduced our people to bank-
ruptcy and impoverishment, inaugurated intestine feuds and revolutions, and
disgraced our State.

The new Constitution is framed with a view of correcting these abuses by
keeping, as nearly as may be, all power'in the hands of the people, and holding
their agents in office directly responsible to them — the chief end and aim of all
popular, representative government. It is liberal in its provisions, and chal-



xxii DOCUMENTARY HISTORY OF THE CONSTITUTION.

lenges the admiration and support alike of Democrats and Republicans, who are
not biased by party feeling. It gives equal rights to all, regardless of race or
color, or previous condition of servitude.

With provisions so liberal, with features so well calculated to correct the
abuses of the past, and being the work of delegates chosen by a popular vote so
large and overwhelming, it is not surprising that the enemies of the new Constitu-
tion should despair of defeating it by an appeal to the people at the coming elec-
tion upon its ratification or rejection. We have every reason to believe that, if
the new Constitution is ratified by the popular vote, and the government under
it inaugurated, the present numerous and gross abuses, as the result of misrule,
will give way, the angry feeling which has been engendered between the mem-
bers of the two political parties, by restless office-seekers, and disturbers of the
peace, will gradually disappear, and our State will assume that honorable posi-
tion in the confederacy of States, for which nature has so eminently endowed
her.

On the contrary, if this Constitution should be defeated or set aside, we can
no longer have reasonable grounds of hope for a restoration of local self-gov-
ernment in Arkansas, and we forbear to contemplate the scenes which a defeat
or failure would entail upon a people already bowed to the earth with suffering
and sorrow.

In conclusion, we ask all, regardless of party, who are tired of strife, and
who long for a permanent restoration of peace, to unite in supporting the new
Constitution, that we may have in its behalf the moral eff'ect of the largest pop-
ular majority that is possible of attainment under the circumstances. And we
urge, most earnestly, each and every one to go forward, peacefully but resolutely,
to the discharge of his duty in giving the State this organic law, regardless of all
promises, all overtures, and all threats, from those who, under the guise of friend-
ship, seek only to complete your ruin. This opportunity lost, you and your
State are lost ; but improved and availed of, you and your State are saved, with
every promise of a future of peace and of prosperity.

H. M. RECTOR,
R. K. GARLAND,
J. W. BUTLER,
S. P. HUGHES,
BRADLEY BUNCH,

Committee.



ANNOUNCEMENT OF ADOPTION OF CONSTITUTION.



PROCLAMATION

BY THE

STATE BOARD O F ELECTION SUPERVISORS.*

OFFICE OF STATE BOARD OF ELECTION SUPERVISORS,

LiTTiiE Rock, Ark., October 30, 1874.
In pursuance of the provisions of Section seventeen of the Schedule to the
Constitution recently framed for the State of Arkansas, the undersigned do
hereby proclaim and make known, that at a general election held on the thir-
teenth day of October, A. D. 1874, the following votes were cast " For " and
" Against " said Constitution, in the several counties of said State, as appears
by the official returns made to said Board by the County Boards of Election
Supervisors, to-wit:t



COUNTIES.


9
1

p


O'S-;
3 to

: 9
\ g

: C


is'

\9


is.
Is


COUNTIES.


a
a


:
:

; g

: &
I ?


i ©•
\ 9

: 3


i

h

\ 1


Arkansas


1211
1147
1954
1374

III

594
1011

417
1438
1376

1444
426
858
701
746
682
425
1253
920
1377
535
1216
631
953
1046
798
1676
539
2023
1229
1743
1052
1264
1070
1176
470


430ll 781


1

1

1

\

894
"528

"srf

1753'


Lee


1760
1500
886
1143
683
936
985
594
402
1198
1101
323
1958
400
329
467
1317
911
3a54
1246
1102
1019
1083
655
518
945
689
1742
1192
1322
976
2200
2377
1260
1430

78697


948
111
19
26
,744
24
157
211

?fs

2184
134

J

25:

368:

21.36^

"478:

■■■»

104

281
80
606!


1758
1417

1032

m

910
241
570
245
987
176
210

"266
326
418

1292
543
919

1246
624

1019
994
648
414
917
609




Ashley


320

79

1311
3411

220
11

802
661

S?l

"1

-821
3151
677i
110^


827
1875
1309
697
524
583
1005

"776
1007
547
1235

"852
481
735

487

"592
710

1196
535

1151
580
953
964
483
999
4^9


Lonoke






Lincoln


62








Bradley


Marion






Mississippi




Calhoun


Monroe
















Clark


Nevada










Crawford


Phillips.


226




Pike










Cross


Polk






Pope




Dallas


Prairie




Desha


Pulaski
















Franklin


Saline.




Fulton. ...r.


Scott









,


Grant


Searcy












Sevier











Hempstead


Sarber.


183i| 1009
744' 578

46]! 930
234 1966

58i 2319
395'! 865
236 i iiQi











Independence


349: t 1674


Van Buren .'..'.!!."".!

Washington




Izard


36
45

2805
99

1045

4J1


1193
1698

1165

25

1173

47






White










Johnson


Yell






Totai


^1
24807;






Lawrence




Little River







Total vote " For Constitution " - . - 78,697
Total vote " Against Constitution " - . - 24,807

Ma.iority " For Constitution " - - 53,890
Given under our hands this thirteenth day of October, 1874.

U. M. ROSE,
DUDLEY E. JONES,
GORDON N. PEAY,
State Board Election Supervisors.

'■• Appointed by Sec. 7 of the Schedule to the Constitution.

tFor convenience of reference, the majorities, in the several counties, for and against the Constitution,
which do not appear in the original, are here interpolated.— Editor.



CONSTITUTION OF ARKANSAS.



SYLLABUS



CONSTITUTION OF ARKANSAS



ARTICLE I.

Boundaries of the State.
Seat of (Government.

ARTICLE II.

declaration' of paghts.
Section-

1. Source of political power. -Object of govern-

ment.— Right of reform and abolition.

2. Natural freedom and independence of men.—

Inalienable rights.— Origin of government.

3. Equality of all persons before the law.

4 Right of public assembly, and of petition.

5. Right to bear arms.

6. Liberty of the press and of speech.— Libel.

7. Trial by Jury.

8. No person to be held to answer for crime, but

on presentment or indictment.— Exceptions.—
No person to be twice put in jeopardy for
same offence. —Or be compelled to be witness
against him.«elf.— Security for life, liberty,
and property.— Right to bail.

9. Excessive bail and fines, cruel punishments,

and detention of witnesses, prohibited.

10. Rights of accused in criminal prosecutions.

11. Habeas corpus,

12. Suspension of the laws.

13. Redress of wrongs.

14. Treason.

15. Security against unreasonable searches and

seizures.

16. Imprisonment for debt prohibited.

17. Attainder, laws, ex post facto, impairing con-

tracts, etc., prohibited,

18. Equality of privileges and immunities.

19. Perpetuities, monopolies, and hereditary dis-

tinctions, prohibited.

20. Resident aliens.

21. Life, liberty, and property, how secured.— Ban-

ishment prohibited.

22. Private property taken for public use.

23. State's right of eminent domain, and of taxa-

tion.— Delegation of taxing power.

24. Right of religious liberty.



Section

25. Protection of religious liberty.

26. Religious tests prohibited.— Oaths or affirma-
tions required.

27. Involuntary servitude, except for crime, pro-
hibited,— Standing army.— Military subordi-
nate to civil power. — Quartering of Troops.

28. Tenure of lands,

29. Tliis enumeration of rights not to disparage
other rights.— Paramount authority of De-
claration of Rights, and of Constitution.

ARTICLE III.

FRANCHISE AND EI.ECTIOX.S,

1. Qualifications of electors.

2. Freedom of elections.- Right of suffrage not
to depend on previous registration.— Or im-
pairable except on conviction for felony.

3. Elections to be by ballot.— Numbering of bal-
lots. — Secrecy of the ballot.

4. Privilege of electors.

5. Idiots and insane.

6. Corrupt violation of election laws to disqualify
for office.

7. U, S. soldiers, sailors, and marines

8. Time of holding general elections.

9. Testimony in cases of contested elections.
10. Causes of disqualification as election officer.
11 Votes unlawfully refused, to be counted on

trial of contest.
12. Elections by parties representative,

ARTICLE IV.

DEPARTMEXT.=!.



1. Departments of government.

2. Separation of departments.

ARTICLE V.

LEGT.^I.ATIVE.

1. General Assembly-

2. House of Representatives.

3. Senate,



( xxvii



CONSTITUTIOX OF ARKANSAS.



Section.

4. Qualifications of Senators and Representa-

tives.

5. Times of meeting.

6. Vacancies.

7. Officers ineligible to General Assembly.

8. Holders of public moneys disqualified for of-

fice, until settlement.

9. Conviction of infamous crime to disqualify

for office.

10. Senator or Representative disqualified for civil

office.

11. Each house to appoint its officers and deter-

mine qualifications, etc., of its members.—
Quorum.

12. Rules.— Expulsion of members.— Punishment

for contempt. —Enforcement of process.— Pro-
tection of members.— Journal, — Yeas and
nays.

13. Proceedings to be public.

14. Elections by joint or concurrent vote.

15. Privileges of Senators and Representatives.

16. Pay and mileage — Term to begin with election.

17. Duration of sessions.

18. Presiding officers.— President of Senate to suc-

ceed to Governorship in case of vacancy-

19. Style of laws.

20. State not to be sued in her courts.

21. Laws to be by bill —Amendment of bills.

22. Passage of bills.

23. Revival, amendment, and extension, of laws.

24. Classes of special legislation prohibited.
2-5. Restrictions on special legislation.

26. Publication of notice of local and special bills.

27. Extra compensation to officers, agents, em-

ployes, and contractors.— Appropriations for
claims, in matters not provided for by pre-
existing laws.

28. Adjournment.

29. Appropriations to be specific, and limited to

two years.

30. General and special appropriation bills.

31. Vote requisite to allowances of State tax, and

appropriations of money.

32. Redress for injuries to person or property.

33. Liabilities of corporations to the State-

34. Bills not to be introduced during last three days

of the session.

35. Bribery of officers.

36. Expulsion of member no bar to indictment.

ARTICLE VI.

EXECDTIVE DKPAKTMENT.

1. Executive officers.— Offices to be at seat of gov-

ernment—Terms of office,— Commissioner of
State Lands.

2. Governor.

3. Election of executive officers,— Returns.— De-

claration of election.— Case of tie.

4. Contested elections for executive officers.

5. Qualifications of Governor.

6. Governor to be Commander-in-Chief.

7. May require information from officers of Eecu-

utive Department— Execution of the laws.

8. Messages to General Assembly.
9." Great Seal of the State.

10 Grants and commissions.

11. Persons ineligible to office of Governor.

12. Death, impeachment, or other disability of

Governor.

(xxviii)



Seotion

13. Impeachment, or other disability, of President

of Senate, acting as Governor.

14. Election to fill vacancy in office of Governor.

— Returns.— Contested election.
16. Bills to be presented to Governor for approval. —
Proceedings in case of veto.— Bill not returned
within five days to become a law —Bills passed
during last five days of session.

16. Concurrent orders and resolutions to be pre-

sented to Governor for approval.— Proceedings
in case of veto.

17. Veto of items of appropriation bills. — Proceed-

ings in such case.

18. General pardoning power —Pardoning power in

cases of treason.— Information concerning
pardons, etc., to be communicated to General
Assembly.

19. Extra session of General Assembly, and convo-

cation elsewhere than at seat of government.

20. Case of disagreement in General Assembly, as

to time of adjournment.

21. Duties of Secretary of State.— Superintendent

of Public Instruction.

22. Duties of other officers of Executive Depart-

ment.— Their disqualification to hold other
office.— Vacancies in their offices.

23. Vacancies in office, not elsewhere provided for.

ARTICLE VII.

JUDICIAL DEPARTMENT.



Judicial power, where vested.— Establishment
of additional courts.

Supreme Court. — Chief Justice.— Quorum.

Increase of number of Judges of Supreme
Court.

General Jurisdiction of Supreme Court.— Juris-
diction of individual Judges of Supreme
Court.

Jurisdiction of Supreme Court in quo ivarranto.

Qualifications of Judges of Supreme Court. —
Election.— Term of office.

Clerk and Reporter of Supreme Court.— Term of
office.

Terms of Supreme Court.

Special Judges for Supreme Court.

Compensation of Supreme Judges.— Disqualifi-
cation to hold other office.

General jurisdiction of Circuit Courts.

Terms of Circuit Courts,

Judicial circuits.- Judge of Circuit Court to re-
side and be conservator of peace in his circuit.

Superintending and appellate jurisdiction of
Circuit Courts.

Equity jurisdiction of Circuit Courts.

Qualifications of Judges of Circuit Courts.

Election of Judges of Circuit Courts.— Term of
office.

Compensation of Judges of Circuit Courts.— Dis-
qualification to hold other office.

Clerks of Circuit Courts.— Election,— Term of
office.— To be ex-officio County and Probate
Clerks, and Recorders.— Separate County Clerk
in certain counties.— To be ex-officio Probate
Clerk.

Interest, consanguinity, etc., to disqualify
Judge from presiding at trial.

Special Judges for Circuit Courts.— Powers of
Special Judges.— Their qualifiieations.

Exchange of circuits.



SYLLABUS.



Section

23. Charges to juries.

24. Prosecuting Attorneys.— Term of office.— Quali-

fications.

25. Judges prohibited from practice of law.

26. Contempts not in presence of court or diso-

bedience of process.

27. Removal of county and township officers.

28. Jurisdiction of County Courts.— County Court

to be held by one judge.

29. Judges of County Courts.— Election.— Term of

office.— QuaMcations.

30. Quorum of the County. — Powers.— Majority must

sit.— Compulsory attendance.

31. Terms of County Courts.

32. Courts of Common Pleas. —Jurisdiction.

33. Appeals from County Courts and Courts of Com-

mon Pleas.

34. Courts of Probate.— Jurisdiction.-Terms.

35. Appeals from Probate Courts.

36. Special Judges for County and Probate Courts,

37. Compensation of County Judge.— His jurisdic-

diction in absence of Circuit Judge from coun-
ty.
3S. Justices of the Peace —Term of office.— Com-
mission.

39. Number of Justices of the Peace.

40. Jurisdiction of Justices of the Peace:— 1st, Ex-

clusive of Circuit Court.- 2d, Concurrent with
Circuit Court.— 3d, In misdemeanors. — 4th,
As examining courts, and in binding to keep
the peace.— 5th, To issue process. —6th, As con-
servators of the peace.— Denied jurisdiction in
questions of land.

41. Qualifications of Justices of the Peace.

42. Appeals from Justices of the Peace.

43. Jurisdiction of Corporation Courts.

44. Pulaski Chancery Court.— Term of office of

Judge and Clerk.— Election.— Proceedings re-
lative to sixteenth-section lands,

45. Separate Criminal Courts abolished.— Their ju-

risdiction transferred to Circuit Courts.— Their
records.

46. County executive officers.- Term of office.—
• Compensation of Assessors.

47. Constables. — Their commissions.

48. Commissions of officers.

49. Style of process and indictments.

50. Vacancies in offices provided for in Art. VII,

51. Appeals in case of allowances for or against

counties, cities, or towns.— Appealjbond.

52. Contested elections for county, township, or

municipaloffices.

ARTICLE VIII.

APPORTIONMENT.

1. Number of Representatives.— Ratio of represent-

ation.— Apportionment of Representatives.

2. Division of Stale into Senatorial Districts.—

Ratio of representation in Senate.— Present
Senatorial Districts and apportionment of
Senators —Number of Senators,

3. Principles of formation of Senatorial Districts.

4. Apportionments when to be made.

ARTICLE IX.

EXEMPTION.

1. Exemption of personal property of persons
other than heads of families, from seizure for
debt.



Section

2. Exemption of personal property of heads of

families.

3. Homestead exemption.

4. Extent of exemption] of homestead situate out-

side city, town, or village.

5. Extent of exemption of homestead in city, town,

or village.

6. Homestead exemption for benefit of widow.—

Proviso.— Rights of children during minority.

7. Separate property of married women.

8. Scheduling of separate personal; property of

married women.

9. Effect of exemptions of Constitution of 1868.^
10. Homestead exemption for benefit of minor or-

phan'children.

ARTICLE X.

AGRIOULTCRK. JIINIXQ, AND MANUFACTURES.

1 Agricultural, mining, and manufacturing in-
terests of State.— Mining, Manufacturing, and
Agricultural Bureau,

2. State Geologist.— Term of office.— Duties —

Compensation. — Removal.

3. Exemption from taxation, of mines and manu-

factures.

ARTICLE XI.

MIIJTIA.

1. Persons liable to military duty.— Organization

of militia.

2. Volunteer companies.

3. Privilege of militia from arrest, at muster, etc.

4. Authority to call out volunteers and militia.

ARTICLE XII.

MUNICIPAL AND PRIVATE CORPORATIONS.

1. Revocation of existing charters and grants, for

non-user.

2. Limitation of power of incorporation, by special

act.

3. Incorporation of cities and| towns.— Restriction

of powers,

4. Limitation of legislative power of municipal

corporations, and of their power of taxation.
—Payment of existing indebtedness.

5. Municipal corporations not to become stock-

holders, or financially assist corporations,
etc.

6. General incorporation laws.— Power of alteration

and revocation.

7. Stato'not to be interested in .stock of corpora-

tions, etc.

8. Issue and increase of stock, etc., of private cor-

porations.

9. Compensation for property and right of way,

taken for use of corporations.

10. Legislation authorizing issue of "circulating

paper, prohibited.

11. Foreign corporations.

12. State not to assume liabilitiesjof counties or cor-

porations.— Exceptions —Indebtedness of cor-
porations to State.

ARTICLE XIII.

COUNTIES, COUNTY-SEATS, AND COUNTY LINES.

( xxix )



CONSTITUTION OF ARKANSAS.



Section

1. Minimum limits of counties prescribed. —Excep-

tions.

2. Consent of voters of territory affected, requisite

to change of county lines.

3. Changes of county-seats.— County-seats of new

counties.

4. Lines of new counties.

5. Division of Sebastian County into two districts.

ARTICLE XIV.

EDUCATION.

1. Free school system.

2. School funds to be used exclusively for purposes

for which set apart.

3. State school tax.— Poll-tax for (School-Fund. -

School- district tax.

4. Supervision of public schools, etc.

ARTICLE XV.

IMPEACHMENT AND ADDRESS.

1. Impeachments.— Judgment.

2. Power of impeachment.— Trial.

3. Removal upon address.

article: XVI.

FINANCE AND TAXATION.

1. Loan of public credit, and issue of interest-bear-

ing evidences of public indebtedness, except
to pay present debt, prohibited.

2. Payment of State debt.

3. Misappropriation of public moneys.

4. Salaries and fees —Clerks, etc., of departments

of State.

5. Uniform rule of taxation.— Taxation of privi-

leges, etc.— Property exempt from taxation.

6. Exemption by statutory enactment, void.

7. Taxation of corporate property.

8. Maximum rate of State taxes.

9. Maximum rate of county taxes.

10. County and municipal taxes, in what payable.

11. Levy and specific appropriation of taxes.

12. Disbursements.

13. Right of citizen to sue in behalf of inhabitants

of county or municipality.

ARTICLE XVII.

RAILROADS, CANALS, AND TURNPIKES.

1. Railroads, etc., public highways.— Transporta-

tion companies common carriers.- Right to
construct railroads.— Intersection and con-
nection of railroads.

2. Transportation companies to maintain office in

State —Transfers of stock.— Books.

3. Equal right to transportation.— Regulation of

charges.

4. Parallel or competing lines of transportation

not to be consolidated, or controlled by same
parties.

5. Prohibitions upon officers, etc., of transportation

companies.

6. Discrimination of charges between transporta-

tion companies and individuals, or in furnish-
ing cars or motive power, prohibited.

7. General Assembly to prevent grant of free passes

to officers of the State.

(xxx)



Section

8. Condition of remission of forfeiture of charter,