persons voting for or against the bill, shall be entered on the journals of each House 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 case it shall not be a law.

SEC. 18. 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 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.

SEC. 19. A Lieutenant-Governor shall be chosen at every election. for Governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant-Governor, the electors shall distinguish for whom they vote as Governor, and for whom as Lieutenant-Governor.

SEC. 20. He shall, by virtue of his office, be President of the Senate. have a right, when in committee of the whole, to debate, and, whenever the Senate are equally divided, shall give the casting vote.

SEC. 21. Whenever the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as president for that occasion; and if, during the vacancy of the office of the Governor, the Lieutenant-Governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the State, the President of the Senate shall, in like manner, administer the government.

SEC. 22. The Lieutenant-Governor, while he acts as President of the Senate, shall receive for his services the same compensation, which shall for the same period be allowed to the Speaker of the House of Representatives, and no more, and during the time he administers the government as Governor, he shall receive the same compensation which the Governor would have received had he been employed in the duties of his office.

SEC. 23. In case of an impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the Lieutenant-Governor shall exercise all the power and authority appertaining to the office of Governor, until the time pointed out by this Constitution for the election of a Governor shall arrive. unless the General Assembly shall provide by law for the election of Governor to fill such vacancy.

SEC. 24. The Governor shall always reside at the seat of govern

ment.

SEC. 25. No person shall hold the office of Governor or LieutenantGovernor, 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.

SEC. 26. There shall be elected by the qualified voters of this State. 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, unless sooner removed, and shall keep their

respective offices at the seat of government, and shall 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

SECTION 1. 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; and all officers shall be elected by those subject to military duty in their several districts, except as hereinafter provided.

SEC. 2. The Governor shall appoint the Adjutant-General and other members of his staff; and Major-Generals, Brigadier-Generals, and Commanders 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 officer from whom they respectively derive their commissions.

ARTICLE VII

JUDICIAL DEPARTMENT

SECTION 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.

SEC. 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 any two of said judges shall, in every case, be necessary to a decision.

The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co extensive with the State, under such restrictions and regulations as may, 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, 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 have power to issue any of the aforesaid writs.

SEC. 3. The circuit court 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 the 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 jurisdiction in all matters of contract, where the sum in controversy is over two hundred dollars. It shall hold its terms at such place in each county as may be by law directed.

SEC. 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.

SEC. 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.

SEC. 6. Until the general assembly shall deem it expedient to establish courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.

SEC. 7. The qualified voters of this State shall elect the judges of the supreme court; 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, and until their successors are elected and qualified.

Immediately after such election by the people, the lieutenant-governor 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.

SEC. 8. The qualified voters of each judicial district shall elect a circuit judge. The judges of the circuit court shall be at least twentyfive years of age, and shall be elected for the term of four years from the date of their commissions, and shall serve until their successors are elected and qualified.

SEC. 9. The supreme court shall appoint its own clerk or clerks, for the term of four years. The qualified voters of each county shall elect a clerk of the circuit court for the respective counties, who shall hold his office for the term of two years, and until his successor is elected and qualified; and courts of chancery, if any be established, shall appoint their own clerks.

SEC. 10. The Judges of the Supreme Courts 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 time 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 Attorney-General, the State's Attorneys, and Clerks of the Supreme and circuit Courts, and courts of chancery, if any such be established, shall receive for their services such salaries, fees and perquisites of office, as shall, from time to time, be fixed by law.

SEC. 11. There shall be established in each county in the State, a court to be holden by the Justices of the Peace, a court called the County Court, which shall have jurisdiction in all matters relating to 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.

SEC. 12. The qualified voters of each county shall elect a County and Probate Judge, who shall hold his office for two years, and until

his successor is elected and 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 the court of probate, and have such jurisdiction in matters relating to the estates of deceased persons, executors, administrators and guardians, as may be prescribed by law, until otherwise directed by the General Assembly.

SEC. 13. The presiding Judge of the Probate and County Court, and Justices of the Peace, shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct.

SEC. 14. 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 affinity 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, 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 inferior courts as prescribed in this section for cases of 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 juries with regard to matter of fact, but may state the testimony and declare the

law.

SEC. 15. The qualified voters thereof shall elect an Attorney for the State, for each judicial circuit established by law, who shall continue in office two years, and until his successor is elected and qualified, 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 court shall have power to appoint an attorney pro tempore.

SEC. 16. The qualified voters of this State shall elect an AttorneyGeneral, whose salary shall be the same as that of Circuit Judge, who shall be learned in the law; who shall be at least thirty years of age, and shall hold his office for the term of four years from the date of his commission, and until his successor is elected and qualified; and whose duty it shall be to prosecute the State's pleas before the Supreme Court, and give his opinion, in writing, on all questions of law or equity, when required by the governor or other officer of the State, and perform such other duties as may be prescribed by law.

SEC. 17. All writs and other process 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. 18. The qualified voters residing in each township shall elect the Justices of the Peace for each township. For every one hundred 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 hold their offices until their successors are elected

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and qualified; shall be commissioned by the governor, and shall reside in the township for which they are elected during their continuance in office. The first election for justices of the peace shall take place on the second Monday in March, one thousand eight hundred and sixty-four, and the second election on the first Monday in August, one thousand eight hundred and sixty-six, and at the regular elections thereafter. Justices of the peace, individually, or two or more of them jointly, shall have original jurisdiction in cases of bastardy, and in all matters of contract, and actions for the recovery of fines and forfeiture where the amount claimed does not exceed two hundred dollars, and concurrent jurisdiction with circuit courts where the amount claimed exceeds one hundred dollars, and does not exceed two hundred dollars, and such jurisdiction as may be provided by law in actions ex delicto, where the damages claimed do not exceed one hundred dollars, and prosecutions for assault and battery and other penal offences less than felony, punishable by fine only. Every action cognizable before a justice of the peace, instituted by summons or warrant, shall be brought before some justice of the peace of the township where the defendant resides. They may also sit as examining courts, and commit, discharge, or recognize any person charged with any crime of any grade. 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.

SEC. 19. The qualified voters of each township shall elect one constable for the term of two years, who shall hold his office till his successor is elected and qualified, who shall, during his continuance in office, reside in the township for which he was elected. Incorporated towns may have a separate constable and a separate magistracy. successor is elected and qualified, who shall, during his continuance one coroner, and one county surveyor, for the term of two years, and until their successors are elected. 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 moneys collected by virtue of their respective offices.

ARTICLE VIII

GENERAL PROVISIONS-EDUCATION

SECTION 1. Knowledge and learning generally diffused throughout 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 lands, or from any other source, to the accomplishment of the object for which they are or may be intended. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientific and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, science,