SEC. 10. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial (m) by an impartial jury (n) of the county in which the crime shall have been committed (o); provided that the venue may be changed to any other county of the judicial district in which the indictment is found, upon the application of the accused, in such a manner as now is, or may be, prescribed by law (p); and to be informed of the nature and cause of the accusation against him, and to have a copy thereof (q); and to be confronted with the witnesses against him (r); to have compulsory process for obtaining witnesses in his favor, and to be heard by himself and his counsel (s). Rights of accused in criminal prosecutions. SEC. II. The privilege of the writ of habeas corpus shall Habeas corpus. not be suspended, except by the general assembly, in case of rebellion, insurrection or invasion, when the public safety may require it. the laws. SEC. 12. No power of suspending or setting aside the law or Suspension of laws of the state shall ever be exercised except by the general assembly. SEC. 13. Every person is entitled to a certain remedy in the Redress of laws for all injuries or wrongs he may receive in his person, prop (m) See Stewart v. State, 13-720; Jones, ex parte, 49-110. (n) The jurors must be indifferent between the state and the prisoner. Polk v. State, 45-165. As to what constitutes an impartial juror, see Ib. (0) The legislature can not invest a court with jurisdiction of crimes committed beyond the limits of the county. Dougan v. State, 30-41; Walls v. State, 32-565. As to cases in which a crime may be committed on the boundary line between two counties, see State v. Rhoda, 23—156. See also Walker v. State, 35–386; Potter v. State, 42-30. (p) The venue in a criminal case can not be changed to a county outside of the judicial circuit in which the indictment is found for any cause. State v. Flynn, 31-35. When a defendant makes the proper showing for a change of venue from the county, the change must be to another county of the same circuit and not merely to another district of the same county. Wells v. State, 53-212. Civil action, venue can be changed to county out of district. Ins. Co. v. Evans, 63-241. (q) See Dawson v. State, 29-116; Howard v. State, 37-265; Wright v. State, 42-94; Johnson v. State, 43-391; McCoy v. State, 46-141. (r) See Graham v. State, 50-161. The testimony of a deceased witness on a former trial may be proved on a second trial for the same offense. Pope v. State, 22-372. See also on use of former testimony. Sneed v. State, 47-180; Dolan v. State, 40—454; Green v. State, 38–304. And evidence of the testimony of a witness before an examining court, where the defendant had the opportunity of cross-examination, is admissible on the trial of the same offense before the circuit court when the witness has forfeited his recognizance and can not be found. Shackelford v. State, 33-539; Hurley v. State, 29-17. For trial in absence of defendant, see Bridges v. State, 38-510; Owens v. State, 38-512; Cole v. State, 10-318; Polk v. State, 45-165; Mabry v. State, 50-492; Bearden v. State, 44—331; Martin v. State, 40-364; Bolling v. State, 54-588; Lee v. State, 56-4. See notes under sec. 2339. When defendant absconds he can not complain of his absence. Gore v. State, 52-285. As to view of locality and physical objects by the jury, see Benton v. State, 30-328; Forehand v. State, 51-553. (s) See Vaughan v. State, 24 S. W. Rep., 885, 58-353; Aikin v. State, 58-544; Baker v. State, 58-520. wrongs. Treason. Security against unreasonable searches and seizures. Imprisonment Equality of priv- munities. Perpetuities, monopolies and hereditary distinctions prohibited. Resident aliens. Life, liberty and property, how secured. erty or character; he ought to obtain justice freely, and without purchase, completely, and without denial, promptly and without delay, conformably to the laws (t). SEC. 14. Treason against the state shall only consist in levying and making war against the same, or in 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 on confession in open court. SEC. 15. The right of the people of this state to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated (u); and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized. SEC. 16. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud (v). SEC. 17. No bill of attainder, ex post facto law (w), or law impairing the obligation of contracts shall ever be passed (x); and no conviction shall work corruption of blood or forfeiture of estate. SEC. 18. The general assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens. SEC. 19. 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 conferred in this state (y). SEC. 20. No distinction shall ever be made by law between resident aliens and citizens in regard to the possession, enjoyment or descent of property. SEC. 21. No person shall be taken or imprisoned, or disseized of his estate, freehold, liberties or privileges; or outlawed, or in any manner destroyed or deprived of his life, liberty or (t) See Railway v. Williams, 49-492. (u) See State v. Leathers, 31-44; Ferguson v. Josey, 70-94. (v) See Ruddell v. Childress, 31-511. (w) See note to sec. 9, art. I, Const. U. S. An ex post facto law declares an offense to be punishable in a manner that it was not punishable at the time it was committed, and relates exclusively to criminal proceedings. Taylor v. The Governor, 1-21. As to what are ex post facto laws, see further: Potter v. State, 42-30; State v. Waller, 43-381; Ex parte Jackson, 45-158. (x) As this provision is likewise in the constitution of the United States, sec. 10, art. I, the cases under it, both from the supreme court of this state and of the United States, are to be found thereunder. See Read v. Mississippi Co., 69-365; Hot Springs Electric Light Co. v. Hot Springs, 70-300; McConnell v. Arkansas Brick and Mfg. Co., 70-568. Abolishing an office held not to impair. Vincenheller v. Reagan, 69–460. (y) See Levy, ex parte, 43-42. Private property property; except by the judgment of his peers or the law of the Banishment prohibited. land (z); nor shall any person, under any circumstances, be exiled from the state. SEC. 22. The right of property is before and higher than taken for public any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor (a). use. State's right of and of taxation. SEC. 23. The state's ancient right of eminent domain and of eminent domain taxation is herein fully and expressly conceded; and the general assembly may delegate the taxing power, with the necessary Delegation of restriction, to the state's subordinate political and municipal cor- taxing power. porations to the extent of providing for their existence, maintenance and well being, but no further (b). Right of religious SEC. 24. All men have a natural and indefeasible right to liberty. worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship above any other (c). Protection of SEC. 25. Religion, morality and knowledge being essential religious liberty. to good government, the general assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship. SEC. 26. No religious test shall ever be required of any person as a qualification to vote or hold office, nor shall any person be rendered incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths or affirmations. SEC. 27. There shall be no slavery in this state, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall at all times be in strict subordination to the civil power; and no soldier shall be quartered in any house, or on any premises, without the consent of the owner in time of peace; nor in time of war, except in a manner prescribed by law. (z) See Dabbs v. State, 39-353; Ex parte Hawkins, 61-321. (a) See Martin, ex parte, 13-199; Roberts v. Williams, 15-43; Cairo and Fulton Railroad Co. v. Turner, 31-494; Bannon v. State, 49-167; Railroad v. Williams, 49-492. (b) Ouachita Co. v. Rumph, 43-525; Little Rock v. Prather, 46— 471; Carson v. Levee Dist., 59-513. (c) See Shover v. State, 10-259; Scales v. State, 47-476. Religious tests prohibited. Oaths or affirmadispensed with. tions not to be Involuntary servitude, except for crime, prohib ited. Standing army. Military subordinate to civil power. Quartering of troops. Tenure of lands. This enumeration of rights not to disparage other rights. Paramount authority of dec laration of rights and of constitution. SEC. 28. All lands in this state are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited. SEC. 29. 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 the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void. Qualifications of electors. Freedom of election. ARTICLE III. FRANCHISES AND ELECTIONS. SECTION 1. Every male citizen of the United States, or male person who has declared his intention of becoming a citizen of the same, of the age of twenty-one years, who has resided in the state twelve months, and in the county six months, and in the voting precinct or ward one month, next preceding any election, where he may propose to vote, shall be entitled to vote at all elections by the people (d). SEC. 2. Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby the right to vote at any election shall be made to depend upon any previous registration of the elector's name; or whereby such right shall be except on convic- impaired or forfeited, except for the commission of a felony at common law, upon lawful conviction thereof (e). Right of suffrage not to depend on previous registration. Or impairable tion for felony. Elections to be by ballots. Numbering of ballots. Secrecy of the ballot. Privilege of electors. Idiots and insane. SEC. 3. All elections by the people shall be by ballot. Every ballot shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters opposite the name of the elector who presents the ballot. The election officer shall be sworn or affirmed not to disclose how any elector shall have voted, unless required to do so as witnesses in a judicial proceeding, or a proceeding to contest an election. SEC. 4. Electors shall, in all cases (except treason, felony and breach of the peace), be privileged from arrest during their attendance at elections and going to and from the same. SEC. 5. No idiot or insane person shall be entitled to the privileges of an elector. (d) See amendment No. 2, art. xxi. SEC. 6. Any person who shall be convicted of fraud, bribery or other wilful and corrupt violation of any election law of this state shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this state. SEC. 7. No soldier, sailor or marine in the military or naval service of the United States shall acquire a residence by reason of being stationed on duty in this state. SEC. 8. The general elections shall be held biennially, on the first Monday of September; but the general assembly may by law fix a different time. SEC. 9. In trials of contested elections and in proceedings for the investigation of elections no person shall be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony. SEC. 10. No person shall be qualified to serve as an election officer who shall hold at the time of the election any office, appointment or employment in or under the government of the Unite States, or of this State, or in any city or county, or any municipal board, commission or trust in any city, save only the justices of the peace and aldermen, notaries public and persons in the militia service of the state. Nor shall any election officer be eligible to any civil office to be filled at an election at which he shall serve-save only to such subordinate municipal or local offices, below the grade of city or county officers, as shall be designated by general law. refused to be counted on trial SEC. II. If the officers of any election shall unlawfully Votes unlawfully refuse or fail to receive, count or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted of contest. upon the trial of any contest arising out of said election (f). SEC. 12. All elections by persons acting in a representative capacity shall be viva voce. Elections by parties representative. ARTICLE IV. (g) DEPARTMENTS. government. SECTION I. The powers of the government of the state of Departments of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to-wit: Those (f) This provision requires all legal votes cast at an election, no matter whether returned or not, or whether any irregularities attend the election, to be counted upon contest. Govan v. Jackson, 32-553. (g) This is a literal copy of article III of the constitution of 1836. |