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have such jurisdiction in matters relative to the estates of deceased persons, executors, administrators, and guardians, as may be prescribed by law, until otherwise directed by the General Assembly.
11. The presiding judge of the county court, and justices of the peace, shall receive for iheir services such compensation and fees as the General Assembly may from time to time by law direct.
12. No judge shall preside on the trial of any case in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in whicn he may have been of counsel, or have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the Supreme Court shall be thus 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 requisite number of men of law-knowledge for the trial and determination thereof. The same course shall be pursued in the circuit and other inferior courts, as prescribed in this section for cases in the Supreme Court. Judges of the circuit courts may temporarily exchange circuits, or hold courts for each other, under such regulations as may be pointed out by law. Judges shall not charge jurors with respect to matters of fact; but may state the testimony and declare the law.
13. The General Assembly shall, by a joint vote of both houses, elect an attorney for the State, for each circuit established by law, who shall continue in office two years, and reside within the circuit for which he was elected, at the time of and during his continuance in office. In all cases where an attorney for the State of any circuit fails to attend and prosecute according to law, the courts shall have power to appoint an attorney pro tempore. The attorney for the court in which the Supreme Court may hold its term, shall attend the Supreme Court, and prosecute for the State.
14. All writs and other process shall run in the name of “The State of Arkansas," and bear test 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."
15. The qualified voters residing in each township shall elect the justices of the peace for their respective townships. For every fifty voters there may be elected one justice of the peace, provided, that each township, however small
, shall have two justices of the peace. Justices of the peace shall be elected for the term of two years, and shall be commissioned by the Governor, and reside in the townships for which they were elected during their continuance in office. They shall have, individually, or two or more of them jointly, exclusive original jurisdiction in all matters of contract, except in actions of covenant, where the sum in controversy is of one hundred dollars and under. Justices shall, in no case, have jurisdiction to try and determine any criminal case or penal offence against the State, but may sit as examining courts, and commit
, discharge, or recognize, to the court having jurisdiction, for further trial, of offenders against the peace. For the foregoing purposes they shall have power to issue all necessary process. They shall also have power to bind to keep the peace, or for good behavior.
16. The qualified voters of each township shall elect one constable for the term of two years, who shall, during his continuance in office, reside in the township for which he was elected. Incorporated townships may have a separate constable, and a separate magistracy.
17. The qualified voters of each county shall elect one sheriff, one coroner, one treasurer, and one county surveyor, for the term of two years. They shall be commissioned by the Governor, reside in their respective counties during their continuance in office, and be disqualified for the office a second term, if it should appear that they, or either of them, are in default for any monies collected by virtue of the r respective offices.
ARTICLE IX.-General Provisions.-Education.
Sec. 1. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government, and diffusing the opportunities and advantages of education through the various parts of the State being highly conducive to this end, it shall be the duty of the General Assembly to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the use of schools, and to apply any funds which may be raised from such land, or from any other source, to the accomplishment of the object for which they are or may be intended. The General Assemoly shall from time to time pass such laws as shall be calculated to encourage intellectual, scientific, and agricultural improvements, by allowing rewards and immunities for the promotion and improvement of arts, science, commerce, manufactures, and natural history; and countenance and encourage the principles of humanity, industry, and moraliiy.
Emancipation of Slares. Sec. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of the owners. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to prevent slaves from being brought to this State as merchandize, and also to oblige the owners of slaves to treat them with humanity.
2. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court.
3. No person who denies the being of a God shall hold any office in the civil department of this State, nor be allowed his oath in any court.
4. No money shall be drawn from the treasury but in consequence of an appropriation by law, nor shall any appropriation of money for the support of an army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public moneys shall be published with the promulgation of the laws.
5. Absence on business of this State, or of the United States, or on a visit of necessary private business, shall not cause a forfeiture of a residence once obtained.
6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
7. Internal improvements shall be encouraged by the government of this State, and it shall be the duty of the General Assembly, as soon as may be, to make provision by law for ascertaining the proper objects of improvements in relation to roads, canals, and navigable waters; and it shall also be their duty to provide by law for an equal, systematic, and economical application of the fund which may be appropriated to these objects.
8. Returns for all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State.
9. Within five years after the adoption of this Constitution, the laws, civil, and criminal, shall be revised, digested, and arranged, and promulgated in such manner as the General Assembly shall direct, and a like revision, digest, and promulgation shall be made within every subsequent period of ten years.
10. In the event of the annexation of any territory to this Siate, by a cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession, anything in his Constitution to the contrary notwiihstanding. 11. The person of a debtor, except where there is strong presumption of fraud, shall neither be imprisoned nor continued in prison after delivering up his estate for the benefit of his creditors, in such manner as may be prescribed by law.
2. All property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall direct, making the same equal and uniform throughout the State. No one species of property from which a tax may be collected, shall be taxed higher than another species of property of equal value: Provided, the General Assembly shall have power to tax merchants, hawkers, pedlers, and privileges, in such manner as may from time to time be prescribed by law: and provided further, that no other or greater amounts of revenue shall at any time be levied, than required for the necessary expenses of government, unless by a concurrence of two-thirds of both houses of the General Assembly.
3. No poll tax shall be assessed for other than county purposes.
4. No other or greater tax shall be levied on the productions or labor of the country than may be required for expenses of inspection.
Establishment of Banks. Sec. 1. The General Assembly may incorporate one State Bank, with such amount of capital as may be deemed necessary, and with such number of branches as may be required for public convenience, which shall become the repository of the funds belonging to, or under the control of the State; and shall be required to loan them out throughout the State, and in each county, in proportion to representation; and they shall further have power to incorporate one other banking institution, calculated to aid and promote the great agricultural interests of the country; and the faith and credit of the State may be pledged to raise the funds necessary to carry into operation the two banks herein specified: Provided, such security can be given by the individual slochholders as will guaranty the State against loss or injury.
AMENDMENTS TO THE CONSTITUTION OF ARKANSAS. Proposed by the General Assembly, beqrun and held at the City of Little Rock, in the
State of Arkansas, on the first Monday of November, one thousand eight hundred and forty-four, and ratified November 17, 1846.
Art. 1. No bank or banking institution shall be hereafter incorporated, or established in this State.
2. The General Assembly shall have power to compel the Judges of the Circuit Courts to interchange circuits either temporarily or permanently, under such regulations as may be provided by law.
3. The General Assembly shall have power to confer such jurisdiction, as it may from time to time deem proper, on Justices of the Peace in all matters of contracts, covenants, and in actions for the recovery of fines and forfeitures, when the amount claimed does not exceed one hundred dollars, and in actions and prosecu. tions for assault and battery, and other penal offences, less than felony, which may be punishable by fine only.
4. Judges of the Supreme and Circuit Courts, Clerks of the Supreme and Circuit Courts, Attorneys for the State, Sheritls, Coroners, County Treasurers, Justices of the Peace, Constables, and all other officers, whose term is fixed by the Constitution to a specific number of years, shall hold their respective offices for the term now specified, and until their successors are elected and qualified.
Ratified Nov. 17, 1846.
The first settlement made in Texas was in 1792. It was a part of Mexico until 1835, when it declared itself independent. The Mexicans attempted to recover the territory in 1836. The force consisted of 1600 men, under Santa Anna. A severe battle ensued, in which more than 600 of the Mexicans were killed and 300 wounded, and Santa Anna and his men were taken prisoners. The Texan force consisted of only about 800 men, under Gen. S, Houston; their loss was only 6 killed and about 30 wounded. Texas remained a separate government until 1845, when, by mutual agreement, it was annexed to the United States, and thus became the twenty-eighth State in the union.
Area, 324,018 sq. m. Pop. in 1850, 187,403. Slaves, 53,346 and 926, Free blacks.
CONSTITUTION. We, the people of the republic of Texas, acknowledging with gratitude the grace and benificence of God in permitting us to make a choice of our form of government, do, in accordance with the provisions of the joint resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this Constitution.
ARTICLE I.-Bill of Rights. That the general, great, and essential principles of liberty and free government
may be recognized and established, we declare that Sec. 1. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the inalienable right to alter, reform, or abolish their form of gov. ernment, in such manner as they may think expedient.
2. All freemen, when they form a social compact, have equal rights; and no man, or set of men, is entitled to exclusive, separate, public emoluments or privileges, but in consideration of public services.
3. No religious test shall ever be required as a qualification to any office or public trust in this State.
4. All men have a natural and indefeasible right to worship God according to the dictates of their own consciences; no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; no human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious societies or modes of worship. But it shall be the duty of the Legislature to pass such laws as shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship:
5. Every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.
6. In prosecutions for the publication of papers investigating the official conduct of officers, or men in a 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 a right to determine the law and the facts, under the direction of the court, as in other cases.
7. The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures or searches; and no warrant to search any place, or to s ize any person or thing, shall issue, without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury; he shall not be compelled to give evidence against himself; he shall have the right of being heard by himself or counsel or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor; and no person shall be holden to answer for any criminal charge, but on indictment or information, except in cases arising in the land or naval forces, or offences against the laws regulating the militia.
9. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great; but this provision shall not be so construed as to prohibit bail after indictment found, upon an examination of the evidence by a judge of the Supreme or district court, upon the return of the writ of habeas corpus, returnable in the county where the offence is committed.
10. The privilege of the writ of habeas corpus shall not be suspended, ercept when, in case of rebellion or invasion the public safety may require it.
11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open; and every person, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law.
12. No person, for the same offence, shall be twice put in jeopardy of life or limb; nor shall a person be again put upon trial for the same offence after a verdict of not guilty; and the right of trial by jury shall remain inviolate.
13. Every citizen shall have the right to keep and bear arms in the lawful defense of himself and the State.
14. No bill of attainder, ex post facto law, retro-active law, or any law impairing the obligation of contracts, shall be made; and no person's property shall be taken or applied to public use, without adequate compensation being made, unless by the consent of such person.
15. No person shall ever be imprisoned for debt.
16. No citizen of this State shall be deprived of life, liberty, property, or privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.