§ 20. The President of the Senate, and the Speaker of the House of Representatives, shall, during the time they respectively administer the government, receive the same compensation which the Governor would have received, if he had been employed in the duties of his office.

ARTICLE VI.

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of this State shall be vested in one Supreme Court, Circuit Courts to be held in each county of the State, and such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may, from time to time, direct, ordain and establish.

§ 2. Except in cases otherwise directed in this Constitution, the Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law. Provided, that said court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions.

§ 3. The Supreme Court shall be held at the seat of government; but, if that shall have become dangerous, from an enemy or from disease, may adjourn to a different place.

§ 4. The State shall be divided into convenient circuits, each of which shall contain not less than three, nor more than six counties; and for each circuit there shall be appointed a judge, who shall, after his appointment, reside in the circuit for which he may be appointed.

§ 5. The Circuit Court shall have original jurisdiction in all matters, civil and criminal, within this State, not otherwise excepted in this Constitution; but in civil cases only, where the matter or sum in controversy exceeds fifty dollars.

§ 6. A Circuit Court shall be held in each county in the State, at least twice in every year; and the judges of the several circuits may hold courts for each other when they deem it expedient, and shall do so when directed by law.

§ 7. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate equity jurisdiction; Provided, That the Judges of the several Circuit Courts shall have power to issue writs of injunction, returnable into the Courts of Chancery.

§ 8 The General Assembly shall have power to establish, in each county within this State, a court of probate, for the granting of letters testamentary, and of administration, and for orphans' business.

9. A competent number of Justices of the Peace shall be appointed in and for each county, in such mode, and for such term of office, as the General Assembly may by law direct; whose jurisdiction, in civil cases, shall be limited to causes in which the amount in controversy shall not exceed one hundred dollars; and in all cases tried by a Justice of the Peace, the right of appeal shall be secured, under such rules and regulations as may be prescribed by law.

10. The Judges of the Supreme Court, Circuit Courts, and Courts of Chancery, shall, at stated times, receive for their services a compensation, which shall be fixed by law, and which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any office of profit or trust, under this State, the United States, or any other power.

§ 11. Judges of the Supreme Court, and Chancellors, shall be elected by a joint vote of both Houses of the General Assembly; Judges of the Circuit and Probate Courts, and of such other inferior courts as may be by law established, shall be elected by the qualified electors of the respective counties, cities, or districts, for which such Courts may be established. Elections of Judges by the people shall be held on the first Monday in May, or such other day as may be by law prescribed, not within a less period than two months of the day fixed by law for the election of Governor. Members of the General Assembly, or Members of Congress. Vacancies in the office of Circuit Judge, Probate Judge, or Judge of any other inferior court established by law, shall be filled by the Governor; and the person appointed by him shall hold office until the next election day by law appointed for the election of judges, and until his successor shall have been elected and qualified.

§ 12. The Judges of the several Courts of this State shall hold their offices for the term of six years; and the right of any judge to hold his office for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit or

district, or in the mode or time of election; but for any willful neglect of duty, or any other reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall remove any judge, on the address of two-thirds of each House of the General Assembly; Provided, That the cause, or causes, for which said removal may be required, shall be stated at length in such address, and entered on the journals of each House. And provided further, that the Judge intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense, before any vote for such address; and in all such cases, the vote shall be taken by yeas and nays, and be entered on the journals of each House respectively.

§ 13. No person who shall have arrived at the age of seventy years, shall be appointed or elected to, or shall continue in the office of Judge in this State.

§ 14. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State; as also the Judges of the Circuit Courts within their respective circuits, and the Judges of the Inferior courts within their respective counties.

§ 15. Clerks of the Circuit Courts, and of such inferior courts as may be by law established, shall be elected by the qualified electors in each county, for the term of four years; and may be removed from office, for such causes, and in such manner, as may be by law prescribed. Vacancies in the office of Clerk shall be filled by the Judge of the court, and the person so appointed shall hold office until the next general election, and until his successor is elected and qualified. Provided, that the General Assembly shall have power to annex the duties of Clerk to the office of Judge of any inferior court by law established.

§ 16. The style of all process shall be, The State of Alabama; and all prosecutions shall be carried on in the name, and by the authority of the State of Alabama, and shall conclude, against the peace and dignity of the same.

ARTICLE VII.

STATE AND COUNTY OFFICERS.

SECTION 1. A Secretary of State, a Comptroller of Public Accounts, and a State Treasurer, shall be elected by a joint vote of both Houses of the General Assembly, each of whom shall continue in office during the term of two years, shall perform all the duties. that may be required of him by law, and receive such compensation as may be by law provided.

§ 2. An Attorney-General, and as many solicitors as there are judicial circuits in the State, shall be elected by a joint vote of both houses of the General Assembly, each of whom shall hold his office for the term of four years, shall perform all the duties that may be required of him by law, and shall receive such compensation for his services as may be by law provided, which shall not be diminished during his continuance in office.

3. A Sheriff shall be elected in each county, by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and shall not be eligible to serve, either as principal or deputy, for any two successive terms. Vacancies in the office of Sheriff shall be filled by the Governor, as in other cases; and the person so appointed shall continue in office until the next general election in the county for Sheriff as by law provided.

§ 4. No member of Congress, nor any person who holds any office of profit or trust under the United States (except Postmasters), or any other State or government; nor any person who shall have been convicted of having given or offered any bribe to procure his election or appointment; nor any person who shall have been convicted of bribery, forgery, perjury, or other high crime or misdemeanor which may be by law declared to disqualify him, shall be eligible to any office of profit or trust under this State.

§ 5. All Commissions shall be in the name, and by the authority of the State of Alabama; shall be sealed with the great seal of the State, signed by the Governor, and attested by the Secretary of State..

§ 6. All civil officers of this State, legislative, executive, and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath: "I solemnly swear" (or affirm, as the case may be)," that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully discharge, to the best of my abilities, the duties of the office of so help me God."

§ 7. All civil officers of the State, whether elected by the people, or by the General Assembly, or appointed by the Governor, shall be liable to impeachment for any misde

meanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust, or profit, under the State; but the party convicted shall, nevertheless, be liable and subject to indictment. trial, and punishment according to law.

ARTICLE VIII.

ELECTIONS BY THE PEOPLE.

SECTION 1. Every white male person, of the age of twenty-one years and upwards, who shall be a citizen of the United States, and shall have resided in this State one year next preceding the election, and the last three months thereof, in the county in which he offers to vote, shall be deemed a qualified elector. Provided, that no soldier, seaman, or marine, in the regular army or navy of the United States, and no person who shall have been convicted of bribery, forgery, perjury, or other high crime or misdemeanor which may be by law declared to disqualify him, shall be entitled to vote at any election in this State.

§ 2. In all elections by the people, the electors shall vote by ballot, until otherwise. directed by law.

§ 3. Except in cases of treason, felony, or breach of the peace, electors shall be privileged from arrest during their attendance at elections, and in going to and returning from the same.

§ 4. Returns of elections for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State.

ARTICLE IX.

AMENDMENT AND REVISION OF THE CONSTITUTION.

SECTION 1. The General Assembly may, whenever two-thirds of each house shall deem it necessary, propose amendments to this Constitution; which proposed amendments shall be duly published in print (in such manner as the General Assembly may direct), at least three months before the next general election for Representatives, for the consideration of the people; and it shall be the duty of the several returning officers, at the next ensuing general election for Representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the Secretary of State; and if it shall thereupon appear that a majority of all the qualified electors of the State, who voted for Representatives, voted in favor of the proposed amendments, and two-thirds of each house of the next General Assembly, before another election, shall ratify said amendments, each house voting by yeas and nays, said amendments shall be valid, to all intents and purposes, as parts of this Constitution. Provided, that said proposed amendments shall, at each of said sessions of the General Assembly, have been read three times, on three several days, in each house. § 2. After the expiration of twelve months from the adoption of this Constitution, no Convention shall be held, for the purpose of altering or amending the Constitution of this State, unless the question of Convention or no Convention shall be first submitted to a vote of the qualified electors of the State, and approved by a majority of the electors voting at said election.

Adopted by the Convention, by the unanimous vote of all the delegates present, at the State Capitol, in the city of Montgomery, on this, the thirtieth day of September, in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the ninetieth year. BENJAMIN FITZPATRICK, President of Convention.

ATTEST:-WM. H. OGBOURNE,

Secretary of Convention.

CONSTITUTION OF ARKANSAS. 1864-5.*

WE, the people of the State of Arkansas, having the right to establish for ourselves a Constitution in conformity with the Constitution of the United States of America, recognizing the legitimate consequences of the existing rebellion, do hereby declare the entire action of the late Convention of the State of Arkansas, which assembled in the city of Little Rock, on the 4th day of March, 1861, was, and is, null and void, and is not now, and never has been, binding and obligatory upon the people.

That all the action of the State of Arkansas, under the authority of said Convention, of its ordinances, or of its Constitution, whether legislative, executive, judicial or military (except as hereinafter provided), was, and is hereby declared null and void; Provided, That this ordinance shall not be so construed as to affect the rights of individuals, or change county boundaries, or county seats, or to make invalid the acts of Justices of the Peace, or other officers in their authority to administer oaths, or take and certify the acknowledgment of deeds of conveyance or other instruments of writing, or in the solemnization of marriages; And provided further, That no debt or liabil ity of the State of Arkansas incurred by the action of said Convention, or of the Legislature or any department of the government under the authority of either, shall ever be recognized as obligatory.

And we, the people of the State of Arkansas, in order to establish therein a State government, loyal to the government of the United States-to secure to ourselves and our posterity, the protection and blessings of the Federal Constitution, and the enjoyment of all the rights of liberty and the free pursuit of happiness, do agree to continue ourselves as 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.

BOUNDARIES OF THE STATE.

WE do declare and establish, ratify and confirm the following as the permanent boundaries of the State of Arkansas, that is to say: Beginning in the middle of the Mississippi river, on the parallel of thirty-six degrees north 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 the west to the south-west corner of the State of Missouri; and from thence to be bounded on the west to the north bank of Red River, as by acts of Congress of the United States, and the treaties heretofore defining the western limits of the territory of Arkansas; and to be bounded on the south side of Red river by boundary line of the State of Texas, to the north-west 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 begiuning-these being the boundaries of the State of Arkansas as defined by the Constitution thereof, adopted by a Convention of the representatives of the people of said State, on the 30th day of January, Anno Domini eighteen hundred and thirty-six, being the same boundaries which limited the area of the territory of Arkansas as it existed prior to that time.

* This State was formed from territory acquired by the Louisiana purchase, in 1803, and was many years known as the "Territory of Arkansas." It adopted a Constitution Oct. 29, 1819, and was admitted to the Union by an Act of Congress on the 15th of March, 1820. An Ordinance of Secession from the United States was passed by a Convention assembled at Little Rock. March 4, 1861.

A Convention met early in 1864, in this State, and proceeded to form a State Constitution, abolishing Slavery, repudiating the Confederate debt, and nullifying all the acts of the Confederate authorities, with the exception of marriage certificates, acknowledgments of deeds, and a few others of similar character. It also organizera Provisional Government with a Provisional Governor, and empowered him to order the election of a permanent Governor, and to submit to the people the acceptance or rejection of the Constitution. This election was held March 14, 1861. There were 12,117 votes in favor, and 226 against it, about half the voters not appearing at the polls. This government which was recognized by President Lincoln, has since been in operation, although another nominal one, under Confederate authority existed until its collapse, at the close of the rebellion. On the 30th of October, 1865, the Free State Government was recognized by President Johnson as of proper authority.

ARTICLE II.

DECLARATION OF RIGHTS.

That the great and essential principles of liberty and free government may be unalterably established, We declare,

SECTION 1. That all men, when they form a social compact, are equal, and have certain inherent and indefeasible rights, amongst 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 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 no wise be diminished or enlarged on account of his religion.

§ 5. That all elections shall be free and equal.

§ 6. That the right of trial by jury shall remain inviolate.

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 shall have the right to determine the law and the facts.

§ 9. That the people shall be secure in their persons, houses, papers and possession; from unreasonable search 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 offenses are not particularly described and supported by evidence, are dangerous to liberty, and shall not be granted. § 10. That no man 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 may have been committed; and shall not be compelled to give evidence against himself. § 12. That no person shall for the same offense, be twice put in jeopardy of life or limb.

§ 13. That all penalties shall be reasonable, and proportioned to the nature of the offense.

§ 14. That no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except as hereinafter provided.

§ 15. That no conviction shall work corruption of blood or forfeiture of estate, under any law of this State.

§ 16. That all prisoners shall be bailable by sufficient securities, unless in capital offenses, where the proof is evident or the presumption great. And the privileges 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 shall in no case be required, nor excessive fines imposed. § 18. That no ex post facto law, or law impairing the obligations 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 conferred in this State.