commerce, manufactures, and natural history, and countenance and encourage the principles of humanity, industry and morality.

SEC. 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.

SEC. 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.

SEC. 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 the army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public money shall be published with the promulgation of the laws.

SEC. 5. Absence on business of this State, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained.

SEC. 6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

SEC. 7. Internal improvement 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 improvement 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 funds which may be appropriated to these objects.

SEC. 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, except in the election of eighteen hundred and sixty-four, they may be made as directed in the schedule appended to this Constitution.

SEC. 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 may direct, and a like revision, digest and promulgation shall be made within every subsequent period of ten years.

SEC. 10. In the event of the annexation of any territory to this State 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 this Constitution to the contrary notwithstanding.

SEC. 11. Imprisonment for debt shall not be allowed in this State, except when an allegation of fraud on the part of the debtor shall be clearly proved.

SEC. 12. Any person who shall, after the adoption of this Constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of suffrage, and of the right of holding any office of honor or profit in this State, and shall be punished otherwise in such manner as is or may be prescribed by law.

ARTICLE IX

REVENUE

SECTION 1. All revenue shall be raised by taxation to be fixed by law.

SEC. 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 the power to tax merchants, hawkers, peddlers and privileges, in such manner as may from time to time be prescribed law: And provided further, That no other or greater amount of revenue shall at any time be levied than required for the necessary expenses of the government, unless by a concurrence of two-thirds of both Houses of the General Assembly.

SEC. 3. No poll-tax shall be assessed for other than county purposes. SEC. 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.

SCHEDULE

SECTION 1. In order that civil government may be in full operation and effect, at the earliest day possible, it is further ordained and provided that a general vote on the ratification of the Constitution and ordinance of this convention, and a general election shall be taken and held throughout the State, as far as practicable, on the second Monday of March next, as follows, to wit: Any number of persons, being white male citizens of the State, over the age of twenty-one years, at the county seat of any county, or (in case of volunteer soldiers in the Federal Army) at the camp of their respective companies, having first taken the oath prescribed in the President's proclamation of December eight, one thousand eight hundred and sixty-three, before any justice of the peace, or other person authorized to administer an oath within the county in which they reside, or within which they are encamped, may appoint a commissioner of elections, with power to appoint such election judges as may be necessary, who shall also be an enrolling officer for said county or company, who shall proceed as follows, to wit: Said commissioners shall prepare an enrolling and poll book, to which shall be appended the constitution, ordinances and schedule of this convention; one column shall then be headed with the oath contained in said proclamation of the President; another column headed "Constitution and ordinances ratified;" another column, "Constitution and ordinances rejected;" other columns shall be arranged so that a vote may be taken for all officers to be voted for within the county or company where the election is proposed to be held; said commissioner shall then take the oath aforesaid, before any justice of the peace or other officer authorized to administer oaths, and enroll his own name at the head of the column, under the said oath, written out in full; the said commissioner shall then, on the said second Monday of March next, within usual election hours, proceed to hold an election, as follows: riva voce; And

provided also, That said commissioner may keep the polls open for three days, to wit: Every white male citizen over the age of twentyone years, of the county, or (in case of a military company) of the State, presenting himself to vote, and not being included in the exceptions contained in the said proclamation, shall take the oath contained in said proclamation, administered by any justice of the peace, or other officer authorized to administer oaths; and when his name has been thereafter duly enrolled or subscribed in the proper column, the commissioner shall cause his vote to be recorded, first upon the question of the constitution and ordinances, and then in the election of all officers to be voted for.

SEC. 2. That within five days after the holding of said election, said commissioner shall foot up the said vote, and certify the result, over his signature, as commissioner; he shall then make a duplicate of said book, (except that the constitution and ordinances of this convention need not be appended to the copy,) and forward the said copy to Little Rock, addressed to the provisional government; the original book shall be preserved by said commissioner, and deposited by him as soon as the counties are organized, with the clerk of the county wherin the election was held, or (in case of soldiers) in the county wherein the voters reside.

SEC. 3. Within ten days after the receipt of the said enrolling and election return-books by the provisional governor, it shall be his duty, with the assistance of the secretary of state, to examine the same and declare the result by proclamation as follows, to wit:

1st. Whether the constitution and ordinances of this convention have been adopted or rejected within the meaning of the President's proclamation.

2d. He shall announce the whole vote polled for or against said constitution and ordinances.

3d. He shall declare what persons are elected to the various offices throughout the State, except that of governor and lieutenant-governor of state, deciding the result by plurality.

SEC. 4. All persons thus declared to be elected State officers, shall enter upon the discharge of their respective offices as soon thereafter as they take and subscribe an oath before any justice of the peace, or other officer authorized to administer oaths, as follows: That they will faithfully perform the duties of their respective offices; that they will support the constitution and laws of the State and of the United States; and said oath, in case of State officers, shall be filed in the office of the secretary of state; and in case of county officers, they shall enter upon the duties of their respective offices immediately after the election upon filing said oath with the county commissioners.

SEC. 5. At the first session of the legislature, and during the first week of the session, the said provisional governor shall place the said return-books before that body, who shall declare the result as to the election of governor and lieutenant-governor and secretary of state, who, before entering uopn the duties of their respective offices, shall take the oath herein prescribed for other officers.

SEC. 6. It is also further ordained and declared, that in counties wherein, for any cause, elections are not held on the said second Monday of March next, the same may be held for the several local officers provided for in the constitution, ordinances and schedule of this con

vention, in the same manner as hereinbefore described, at any time thereafter, till the whole State is fully organized and represented.

SEC. 7. The officers to be voted for in this election, are governor, lieutenant-governor, secretary of state, auditor, treasurer, attorneygeneral, three judges of the supreme court, nine circuit judges and nine district attorneys, (according to act of January fifteenth, one thousand eight hundred and sixty-one,) county judges, clerks, sheriff's, coronors, constables, justices of the peace, and all other officers provided for in the constitution and ordinances of this convention, or which may exist by law, and members of the legislature, according to the ratio or apportionment of senatorial districts in force in the year one thousand eight hundred and sixty, and members to Congress in districts Nos. 1 and 2, according to the act approved January nineteenth, one thousand eight hundred and sixty-one, (no election being ordered in district No. 3, this convention recognizing the election of Colonel James M. Johnson as the representative from that district.) And it is further hereby declared that all laws in force in this State on the fourth day of March, one thousand eight hundred and sixtyone, are still in force, not inconsistent with the provisions of this constitution, and which have not expired by limitation therein contained. JOHN McCoy, President.

Attest:

ROBERT J. T. WHITE, Secretary.
JAMES R. BERRY, Ass't Secretary.

CONSTITUTION OF ARKANSAS—1868 * a

PREAMBLE

We, the people of Arkansas, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution:

ARTICLE I

BILL OF RIGHTS

SECTION 1. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as the same may have been or may be defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert or resist the supreme authority of the United States.

*Verified from Judge U. M. Rose's edition of the Constitution of Arkansas, 1836, pp. 277-328.

@A constitutional convention, called under the reconstruction acts of Congress, met at Little Rock, January 7, 1868. and adopted this constitution on the 11th of February following. It was submitted to the people, and ratified by 27,913 votes against 26,597 votes.

The Constitution of the United States confers full powers on the Federal Government to maintain and perpetuate its existence; and whensoever any portion of the States, or the people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority.

SEC. 2. The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

SEC. 3. The equality of all persons before the law is recognized and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor exempted from any burden or duty, on account of race, color, or previous condition.

SEC. 4. The citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives and to petition for the redress of grievances, and other proper purposes. SEC. 5. The citizens of this State shall have the right to keep and bear arms for their common defence.

SEC. 6. The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law.

SEC. 7. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted; nor witnesses be unreasonably detained.

SEC. 8. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or judicial district wherein the crime shall have been committedwhich county or district shall have been previously ascertained by law-and to be informed of the nature and cause of the accusation against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defence.

SEC. 9. No person shall be held to answer criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases of petit larceny, assault, assault and battery, affray, vagrancy and such other minor cases as the general assembly shall make cognizable by justices of the peace; or arising in the Army and Navy of the United States, or in the militia when in actual service in time of war or public danger; and no person after having once been acquitted by a jury, for the same offence, shall be again put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may in its discretion discharge the jury and commit or bail the accused for trial at the same or the next term of said court; nor shall any person be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences—