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tice or misdemeanor in office; but judgment in such cases shall not extend farther than removal from office, and disqualification to hold any office of honor, trust, or profit, under this State. The party impeached, whether convicted or acquitted, shall nevertheless be liable to be indicted, tried, and punished according to law.
27. The House of Representatives shall have the sole power of impeachment; and 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 all the senators elected; and for reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall, on the joint address of two-thirds of each branch of the General Assembly, remove from office the judges of the Supreme and inferior courts : Provided, the cause or causes of removal be spread on the journals, and the · party charged be notified of the saine, heard by himself and counsel, before The vote is finally taken and decided.
28. The appointment of all officers not otherwise directed by this Constitution, shall be made in such manner as may be prescribed by law; and all officers, both civil and military, acting under the authority of this State, shall before entry on the duties of their respective offices, take an oath or attirmation to support the Constitution of the United States, and of this State, and to demean themselves faithfully in office.
29. No county now established by law shall ever be reduced, by the establishment of any new county or counties, to less than nine hundred square miles, nor to a less population than its ratio of representation in the House of Representatives; nor shall any county be hereafter established which shall contain less than nine hundred square miles, (except Washington county, which may be reduced to six hundred square miles,) or a less population than would entitle such county to a member in the House of Representatives.
30. The style of the laws of the State shall be, “ Be it enacted by the General Assembly of the State of Arkansas."
31. The State shall, from time to time, be divided into convenient districts in such manner that the Senate shall be based upon the free white male inhabitants of the State, each senator representing an equal number, as nearly as practicable.
And the Senate shall never consist of less than seventeen nor more than thirty-three members; and as soon as the Senate shall meet after the first election to be held under the Constitution, they shall cause the senators to be divided by lot, into two classes, nine of the first class and eight of the second class; and the seats of the first class shall be vacated at the end of two years from the time of their election, and the seats of the second class at the end of four years from the time of their election; in order that one class of the senators may be elected every two years.
32. An enumeration of the inhabitants of the State shall be taken under the direction of the General Assembly, on the first day of January, one thousand eight hundred and thirty-eight, and at the end of every four years thereafter; and the General Assembly shall, at the first session after the return of every enumeration, so alter and arrange the senatorial districts, that each district shall contain,
as nearly as practicable, an equal number of free white male inhabitants : Provided, that Washington county, as iong as the population shall justify the same, may, according to its numbers, elect more than one senator; and such districts shall then remain unaltered, until the return of another enumeration; and shall, at all times, consist of contiguous territory, and no county shall be divided in the formation of a senatorial district.
33. The ratio of representation in the Senate shall be fifteen hundred free white male inhabitants to each senator, until the senators amount to twentyfive in number; and then they shall be equally apportioned upon the same basis throughout the State, in such ratio as the increased numbers of free white male inhabitants may require, without increasing the senators to a greater number
than twenty-five, until the population of the State amounts to five hundred thousand souls; and when an increase of senators takes place, they shall, from time to time, be divided by lot, and classed as prescribed above.
34. 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 amount to seventy-five; and when they amount to seventy-five, they shall not be farther 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 represen tative.
Mode of amending the Constitution.
35. The General Assembly may at any time propose such amendments to this Constitution as two-thirds of each house shall deem expedient, which shall be published in all the newspapers published in this State, three several times, at least twelve months before the next general election; and if, at the first session of the General Assembly, after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid to all intents and purposes, as parts of this Constitution: Provided, that such proposed amendments shall be read on three several days in each house, as well when the same are proposed as when they are finally ratified.
ARTICLE V.-Executive Department.
SEC. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Arkansas.
2. The Governor shall be elected by the qualified electors, at the time and places where they shall respectively or representatives.
3. The returns of every election for Governor shall be sealed up and transmitted to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them, in the presence of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law.
4. The Governor shall hold his office for the term of four years from the time of his installation, and until his successor shall be duly qualified; but shall not be eligible for more than eight years in any term of twelve years. He shall be at least 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 the 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.
5. He shall at stated times receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected: nor shall he receive within that period, any other emolument from the United States, or any one of them, or from any foreign power.
6. 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.
7. He may require information in writing from the officers of the executive department, on any subject relating to the duties of their respective offices.
8. 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.
9. He shall, from time to time, give the General Assembly information of the state of the government, and recommend to their consideration, such measures as he may deem expedient.
10. He shall take care that the laws be faithfully executed.
11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant pardons after convictions, 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 reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly.
12. There shall be a seal of this state, which shall be kept by the Governor, and used by him officially; and the present seal of the territory shall be the seal of the State, until otherwise directed by the General Assembly.
13. All commissions shall be in the name and by the authority of the State of Arkansas; be sealed with the seal of the State, signed by the Governor, and attested by the Secretary of State.
14. There shall be a Secretary of State elected by a joint vote of both houses of the General Assembly, who shall continue in office during the term of four "years, and until his successor in office be duly qualified. He shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the General Assembly; and shall perform such other duties as may be required by law.
15. Vacancies that may happen in offices, the election to which is vested in the General Assembly, shall be filled by the Governor during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next sess
16. 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, hy 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 the persons voting for and against the bill shall be entered on the journal of each respectively. If any 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 he had signed it, unless the General Assembly, by their adjournment, prevent its return; in such cases it shall not be a law.
17: Every order or resolution to which the concurrence of both houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him, or, being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.
18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the authority appertaining to ihe office of Governor, until another Governor shall have been elected and qualified, or until the Governor absent or impeached, return or be acquitted.
19. 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 shalí in like manner administer the Government.
20. The President of the Senate and Speaker of the House of Representatives, during the time they respectively administer the government, shall re
ceive the same compensation which the Governor would have received, had he been employed in the duties of his office.
21. Whenever the office of Governor shall become vacant, by death, resignation, removal from office, or otherwise, provided, such vacancy shall not happen within eighteen months of the end of the term for which the late Gov. ernor shall have been elected, the President of the Senate or Speaker of the House of Representatives, as the case may be, exercising the powers of Governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving, by proclamation, sixiy days' previous notice thereof, which election shall be governed by the same rules prescribed for general elections of Governor, as far as applicable. The return shall be made to the Secretary of State, who, in presence of the acting Governor, and the judges of the Supreme Court, or one of then, at least, shall compare them, and, together with said acting Governor, and judges, declare who is elected, and it there be a contested election, it shall be decided by the judges of the the Supreme Court in manner to be prescribed by law.
22. The Governor shall always reside at the seat of government.
23. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this State, or under any State, or the United States, or any other power, at one and the same time.
24. That there shall be elected, by the joint vote of both houses of the Gen-' eral Assembly, an auditor and treasurer for this State, who shall hold their offices for the term of two years, and until their respective successors are elected and qualified, imless sooner removed, and shall keep their respective offices at the seat of government, and perform such duties as shall be prescribed by law; and, in case of vacancy by death, resignation, or otherwise, such vacancy shall be filled by the Governor, as in other cases.
Militia. 25. The militia of this State shall be divided into convenient divisions, brigades, regiments, and companies, and officers of corresponding titles and rank elected to command them, conforming, as nearly as practicable, to the general regulations of the army of the United States.
26. Major-generals shall be elected by the brigadier-generals and field officers of their respective divisions; brigadier-generals shall be elected by the field of ficers and commissioned company officers of their respective brigades; field officers shall be elected by the officers and privates of their respective regiments; and captains and subaltern officers shall be elected by those subject to military duty in their respective companies.
27. The Governor shall appoint the adjutant-general and other members of his staff; and major-generals, brigadier-generals and commandants of regiments, shall respectively appoint their own staff; and all commissioned officers may continue in office during good behavior; and staff officers during the same time, subject to be removed by the superior officers from whom they respectively derive their appointment.
ARTICLE VI.-Judicial Department. Sec. 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.
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 two of said judges shall, in every case, be necessary to a decision. The Supreme Court, except in cases otherwise directed by this Constitrition, shall bave appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations as inay, 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 supersedeas, 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.
3. The circuit courts shall have original jurisdiction over all criminal cases, which 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 juris. liction in all matters of contracts, where the sum in controversy is over one hundred dollars. It shall hold its terms in such place in each county as may be by law directed.
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.
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.
6. Until the General Assembly shall decm it expedient to establish courts of chancery, the circuit court shall have jurisdiction in matters of equity, subject to appeal to the Supreme Court, in such manner as may be prescribed by law.
7. The General Assembly 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 during the term of eight years from the date of their commissions. Immediately after such election, by the first General Assembly, the President of the Senate and Speaker of the House of Representatives shall proceed, by lot, to divide the judges into three classes. The commission of the first class shall expire at the end of four years; of the second class at the end of six years; and of the third class at the end of eight years; so that one-third of the whole number shall be chosen every four, six, and eight years. The judges of the circuit court shall be at least twenty-five years of age, and shall be elected for the term of four years from the date of their commission. The Supreme Court shall appoint its own clerks for the term of four years. The qualified voters of each county shall elect a clerk of the circuit court for their respective counties, who shall hold his office for the term of two years; and courts of chancery, if any be established, shall appoint their own clerks.
8. The judges of the Supreme and circuit courts shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be diminished during the term for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States. The State attorneys and clerks of the Supreme and circuit courts, and courts of chancery, is any such be established, shall receive for their services such salaries, fees, and perquisites of office, as shall be from time to time fixed by law.
9. There shall be established, in each county in the State, 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, disbursements 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.
10. 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 otiice for the term of two years, and until his successor is elected ana qualified. He shall, in addition to the duties that may be required of him by law, as a presiding judge of the county court, be a judge of probate, and