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of worship, or to maintain any minister of the gospel or teacher of religion ; that no human authority can control or interfere with the rights of conscience; that no person can ever be hurt, molested or restrained in his religious professions or sentiments, if he do not disturb others in their religious worship.
5. That no person, on account of his religious opinions, can be rendered ineligible to any office of trust or profit under this State ; that no preference can ever be given by law to any sect or mode of worship, and that no religious corporation can ever be established in this State. No religious sect or society should be permitted to accumulate or hold in mortmain large bodies of land or other property, and all extensive ecclesiastical perpetuities are dangerous to liberty. Provided, That any religious society may hold, in any assumed name, so much land as may be necessary for a house and buildings for public worship--for a parsonage, and for a burying-ground—and for no other purpose whatever ; but no congregation, for such purposes, shall own more than one acre of land in a town, nor more than ten acres in the country. And provided, That nothing in this section shall ever be construed to divest any right or title heretofore vested.
6. That all elections shall be free and equal.
7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property or character; and that right and justice ought to be administered without sale, denial or delay; and that no private property ought to be taken or applied to public use without just compensation.
8. That the right of trial by jury shall remain inviolable.
9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of the accusation; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and in prosecutions or presentment or indictment, to a speedy trial by an impartial jury of the county; and that the accused cannot be compelled to give evidence against himself, nor be deprived of life, liberty, or property, but by the judgment of his peers or the law of the land.
10. That no person, after having been once acquitted by a jury, of felony, or other crime or misdemeanor, can for the same offence be again put in jeopardy of life, limb 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 next term of such court.
11. That all persons shall be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus cannot be suspended unless when in cases of rebellion or invasion the public safety may require it.
12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
13. That the people ought to be secure in their persons, papers, houses and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or thing: can issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation.
14. That no person can, for an indictable offence, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in the time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.
15. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the General Assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives, shall descend or vest as in cases of natural death ; and when any person shall be killed by . casualty, there ought to be no forfeiture by reason thereof.
16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write and print on any subject, being responsible for the abuse of that liberty; and in all prosecutions for libels, the truth thereof may be given in evidence, and the jury may determine the law and the facts under the direction of the Court.
17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed ; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors, in such manner as may be prescribed by law.
18. That no person, who is religiously scrupulous of bearing arms, can be compelled to do so, but may be compelled to pay an equivalent for military services, in such manner as shall be prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to military duty, or compelled to bear arms.
19. That all property subject io taxation in this State, shall be taxed in proportion to its value.
20. That no title of nobility, hereditary emolument, privilege or distinction, shall be granted; nor any office created, the duration of which shall be longer than the good behavior of the officer appointed to fill the same.
21. That migration from this State cannot be prohibited.
22. That the military is, and in all cases and at all times shall be, in strict subordination to the civil power; that no soldier can, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in such manner as may be prescribed by law; nor can any appropriation for the support of an army be made for a longer period than two years.
23. That everything in this article is excepted out of the general powers of government, and shall forever remain inviolate, and that all acts of the Legislature contrary to this or any other article of this Constitution shall be void.
ARKANSAS was a part of the Louisiana purchase. It became a separate territory in 1819, and in 1836 it adopted its Constitution and was admitted into the union as a sovereign State. It derives its name from the great river which runs through it.
Area, 54,500 sq. m. Pop. in 1850, 209,639, of whom 46,982 were slaves, and 587 Free clored.
CONSTITUTION. We, the people of the Territory of Arkansas, by our representatives, in Convention assembled at Little Rock, on Monday, the 4th day of January, A. D. 1836, and of the independence
of the United States the sixtieth year, having the right of admission into the Union as one of the United States of America, consistent with the federal Constitution, and by virtue of the treaty of cession by France to the United States, of the province of Louisiana, in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent State, by the name and style of “ The State of Arkansas," and do ordain and establish the following Constitution for the government thereof:
ARTICLE I.-Of Boundaries. We do declare and establish, ratify and confirm, the following as the permanent boundaries of said State of Arkansas, that is to say: Beginning in the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude; running from thence west, with the said parallel of latitude, to the St. Francis river; thence up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence west, to the south-west corner of the State of Missouri; and thence to be bounded on the west, to the north bank of Red river, as by acts of Congress and treaties heretofore defining the western limits of the territory of Arkansas; and to be bounded on the south side of Red river by the Mexican boundary line, to the northwest corner of the State of Louisiana; thence east, with the Louisiana State line, to the middle of the main channel of the Mississippi river; thence up the middle of the main channel of said river to the thirty-sixth degree of north latitude, the point of beginning.
ARTICLE II.- Declaration of Rights. That the great and essential principles of liberty and free government may be recognized and unalterably established, we declare:
Sec. I. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.
2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform, or abolish their government, in such manner as they may think proper.
3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. That no human authority can, in any case whatever, interfere with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.
4. That the civil rights, privileges, or capacities of any citizen shall in nowise be diminished or enlarged, on account of his religion.
5. That all elections shall be free and equal.
7. That printing presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.
8. In prosecutions for the publication of papers investigating the official conduct of officers or men in 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 may have the right to determine the law and the fa.ts.
9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby any officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and supported by evidence, are dangerous to liberty, and shall not be granted.
10. That no freeman shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
11. That in all criminal prosecutions, the accused hath a right to be heard, by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and, in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed ; and shall not be compelled to give evidence against himself.
12. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
13. That all penalties shall be reasonable, and proportioned to the nature of the offence.
14. That no man shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.
15. That no conviction shall work corruption of blood, or forfeiture of estate.
16. That all prisoners shall be bailable by sufficient securities, unless in capital offences, where the proof is evident, or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless where, in case of rebellion or invasion, the public safety may require it.
17. That excessive bail shail in no case be required, nor excessive fines imposed.
18. That no ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.
19. That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges, or honors ever be granted or conterred in this State.
20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and apply to those invested with the power of government for redress of grievances, or other proper purposes, by address or remonstrance.
21. That the free white men of this State shall have a right to keep and to bear arms for their common defense.
22. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner prescribed by law. 23. The military shall be kept in strict subordination to the civil power.
24. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and, to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
ARTICLE III. Sec. 1. The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted.
ARTICLE IV.—Legislative Department. Sec. 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
Qualifications of Electors. 2. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have been a citizen of this State six months, shall be deemed a qualified elector, and be entitled to vote in the county or district where he aciually resides, for each and every office made